MacRumors

On Tuesday, Apple won a permanent injunction against Psystar following summary judgement in favor of Apple's claims of copyright infringement and violation of the DMCA. (court document PDF). The court orders that Psystar is now prevented from the following:

1. Copying, selling, offering to sell, distributing, or creating derivative works of plaintiff's copyrighted Mac OS X software without authorization from the copyright holder;
2. Intentionally inducing, aiding, assisting, abetting, or encouraging any other person or entity to infringe plaintiff's copyrighted Mac OS X software;
3. Circumventing any technological measure that effectively controls access to plaintiff's copyrighted Mac OS X software, including, but not limited to, the technological measure used by Apple to prevent unauthorized copying of Mac OS X on non-Apple computers;
4. Manufacturing, importing, offering to the public, providing, or otherwise trafficking in any technology, product, service, device, component, or part thereof that is primarily designed or produced for the purpose of circumventing a technological measure that effectively controls access to plaintiff's copyrighted Mac OS X software, including, but not limited to, the technological measure used by Apple to prevent unauthorized copying of Mac OS X on non-Apple computers;
5. Manufacturing, importing, offering to the public, providing, or otherwise trafficking in any technology, product, service, device, component, or part thereof that is primarily designed or produced for the purpose of circumventing a technological measure that effectively protects the rights held by plaintiff under the Copyright Act with respect to its copyrighted Mac OS X software.

Psystar must come into compliance by December 31, 2009 at the latest and take the quickest path to compliance. It seems this order marks the end of Psystar as well as the hope of any other company from following in their footsteps.

Psystar made headlines back in April when it started advertising unauthorized Mac OS X compatible PCs. Apple subsequently sued Psystar on grounds of copyright infringement as well as DMCA claims. Apple had won summary judgement in November.

Earlier this week, Newsweek's Dan Lyons as part of his popular "Fake Steve Jobs" blog proposed "Operation Chokehold", a plan for AT&T iPhone users to simultaneously use their devices to place high demand on the carrier's network at a specified time this coming Friday. The proposal comes in response to AT&T Mobility CEO Ralph de la Vega's comments last week regarding poor network performance in Manhattan and San Francisco and the company's plans to attempt to rein in high-usage data customers.

On Friday, December 18, at noon Pacific time, we will attempt to overwhelm the AT&T data network and bring it to its knees. The goal is to have every iPhone user (or as many as we can) turn on a data intensive app and run that app for one solid hour. Send the message to AT&T that we are sick of their substandard network and sick of their abusive comments. THe idea is we'll create a digital flash mob. We're calling it in Operation Chokehold. Join us and speak truth to power!

Cult of Mac reached out to AT&T for comment on the proposed action, and the wireless carrier unsurprisingly noted that it was unimpressed with the tactic, calling it "totally irresponsible".

We understand that fakesteve.net is primarily a satirical forum, but there is nothing amusing about advocating that customers attempt to deliberately degrade service on a network that provides critical communications services for more than 80 million customers. We know that the vast majority of customers will see this action for what it is: an irresponsible and pointless scheme to draw attention to a blog.

Cult of Mac notes that a Facebook page devoted to Operation Chokehold has gathered only approximately 300 interested users, suggesting that the plan may have a difficult time succeeding.

Computerworld reports on data from research firm Net Applications showing that Google's Chrome browser has slipped past Apple's Safari to snag third place in worldwide Internet browser market share behind Internet Explorer and Firefox. The surge comes on the heels of the official release of beta versions of Chrome for both Mac and Linux.

According to Net Applications, which tracks the browser habits of 160 million unique visitors each month to the 40,000 sites it monitors for customers, Chrome's share jumped to 4.4% for the week of Dec. 6-12, an increase of 0.4 percentage points over Google's slice of the browser pie for the month of November.

Chrome's share during the week topped Safari's 4.37%, said Vince Vizzaccaro, executive vice president of Net Applications. "It appears that Chrome has made a substantial surge in usage market share," Vizzaccaro said in an e-mail.

Chrome reportedly experienced a four-fold jump in market share on Mac with the release of the beta version, which marked a milestone release for a product that had previously been available only as developer preview releases. Some of the growth is undoubtedly due to curious users simply trying out Chrome for the first time before switching back to their primary browser, but Chrome's official beta status will likely continue to attract new users going forward.

Benchmarks have shown that Chrome, which is based on the same WebKit engine used by Safari, performs well when it comes to speed on Mac OS X, but is lacking a number of features that will not make their appearances until later beta releases.

Toshiba announced (via 9to5Mac) that they have launched a 64 gigabyte (GB) embedded NAND flash memory module. The new chip offers 64GB on a single chip and will start mass production in the first quarter of 2010.

The reason the largest iPhone (32GB) currently has 1/2 the memory of the largest iPod touch (64GB) is that the iPhone can only house a single NAND flash chip while the iPod touch can accommodate two. The additional space in the iPhone is taken up by its communication hardware. This new advancement should allow for 64GB iPhones and 128GB iPod touches in 2010.

Last year, Toshiba first announced their 32GB NAND flash modules which apparently ended up being used in the latest iPhone revision. iSuppli's teardown identified Toshiba as the supplier of the iPhone 3GS's flash memory.

Chinese site PCOnline.com.cn (via HardMac) leaked details about the upcoming Gulftown 6-core processor that is expected to be used in Mac Pros in early 2010. The processor has been previously referred as the Core i9, though it seems it will instead be designated an extreme (X) Core i7.

The slide confirms that the new processor will be based on a 32nm process with 6 cores and 12 threads. This means a dual configured Mac Pro will have 12 physical cores and 24 logical cores. Also revealed is that the processor will reach a frequency of 3.33GHz. This new 6-core processor should arrive by March 2010, giving a possible timeframe for the next Mac Pro refresh.

AdweekMedia today announced the winners of its "Best of the 2000s" advertising awards, and Apple figured prominently in the selections. Apple took home top honors in a number of categories, including Steve Jobs for "Marketer of the Decade", Apple for "Brand of the Decade", Apple's 'Get a Mac' ads as "Campaign of the Decade", and the iPod as "Product of the Decade".

- Marketer of the Decade (Steve Jobs): Calling Jobs "visionary, iconoclastic and fearless", Adweek points to his role in saving Apple in the late '90s, followed by his remaking of the music and mobile phone industries as his defining achievements. His close collaboration with ad firm TBWA/Chiat/Day is seen as being instrumental in positioning Apple for success.

- Brand of the Decade (Apple): Apple's devotion to "relentlessly improving its products" and its "emotional connection to consumers" paved the way for its selection as Brand of the Decade, with its close ties to iconic CEO Steve Jobs serving to cement its marketing prowess.

- Product of the Decade (iPod): Likening it to the Sony Walkman of the 1980s, Adweek cites the iPod as "redefining" the MP3 player and the driving force of iTunes as being key to Apple's domination of the digital music industry.

- Campaign of the Decade (Apple, "Get a Mac"): The work of TBWA/Chiat/Day's Media Arts Lab, Adweek points to the ads' "neat trick of making the brand look laid back and cool while it mercilessly skewered its rival" as its key to success. The ads, which debuted in 2006 and now number more than 60, are also praised for personifying computers and demonstrating people's emotional connection to technology.

- Out-of-Home Ad of the Decade (Apple, "Silhouettes"): Also the work of the Media Arts Lab, Apple's "Silhouettes" ad campaign launched in 2003 and offered a unique and consistent message of "frenetic happiness" in promoting the iPod. The instantly-recognizable ads are also notable for achieving the "nearly impossible: defining a product without showing what it even looked like up close."

- Digital Campaign of the Decade (Nike Plus): A joint venture of Nike and Apple to link music and athletics, the Nike Plus campaign "defined how a brand can build a self-sustaining platform" simply using the Nike+iPod receiver. Seen as a community devoted to the "product experience", Nike has increased its share of the running shoe market from 48% in 2006 to 61% in 2008 while Nike Plus runners have logged over 100 million miles.

A DigiTimes report about growth in smartphone growth for Taiwanese component suppliers is gaining a fair amount of notice this morning for its citation of a market research firm's claims that Apple is set to sell 10 million iPhones this quarter, well ahead of the record 7.4 million units moved last quarter and above most analysts' estimates, which have been falling into the 8-9+ million range.

Taiwan's smartphone IC [integrated circuit] shipments reached 116.97 million units in the third quarter of 2009, up 30.9% sequentially, and market value amounted to US$613.7 million, up 32.0% sequentially, according to Taipei-based Market Intelligence & Consulting Institute (MIC). In the third quarter of 2009, sales of the Apple iPhone 3GS far exceeded expectations, and sales are expected to reach 10 million in the fourth quarter of 2009. iPhone chip suppliers have benefited from this development.

Apple has worked to broaden its distribution reach this quarter, making forays into China, South Korea, and several other countries while also adding new carrier partners in such countries as the UK and Canada.

Apple CEO Steve Jobs had announced at the original iPhone's unveiling in January 2007 that the company was aiming to sell 10 million iPhones during 2008, a goal the company reached with several months to go. Continued acceleration to the neighborhood of 10 million iPhones sold in a single quarter demonstrates that Apple's strategy of continued expansion of geographic markets, lowered price points, and hardware and software upgrades has so far been successful.

Digital Daily reports on apparent widespread screen flickering problems on Apple's 27" iMac models, coinciding with a slip in shipping times to two weeks for orders placed through Apple's online store. The screen flickering complaints come in addition to earlier reports of machines appearing dead on arrivals or with cracked screens right out of the box.

As I write this, there are 82 pages of complaints about the machine on Apple's support site, all from customers who claim the display of their 27-inch iMac flickers or otherwise distorts sporadically (see video below).

It is unclear at this time whether the shipping delays are due to Apple's efforts to address the issues or simply due to high demand, as Apple has not officially addressed the reasons for the delay.

Reached for comment, Apple offered little in the way of explanation: "The new iMac has been a huge hit and we are working hard to fulfill orders as quickly as possible," a company spokesperson told me. "We apologize for any inconvenience or delay in delivery this may cause our customers." He did not address issues with the machine's display or reports that they might be responsible for the 2 week shipping delay.

A number of the first 27" iMac machines to begin shipping in late October also reportedly experienced Flash performance issues, although the problems were quickly addressed in Mac OS X 10.6.2.

A NY Times article suggests that the iPhone may be to blame for AT&T's network failures. Despite the fact that AT&T fell last on the list of Consumer Reports' latest annual cell phone satisfaction survey, the author claims that independent data suggests that AT&T may have "the superior network nationwide". Meanwhile, the iPhone, itself, may be contributing to the performance problems by causing interference that affect both its voice and data services.

Roger Entner, senior vice president for telecommunications research at Nielsen, said the iPhone's "air interface," the electronics in the phone that connect it to the cell towers, had shortcomings that "affect both voice and data." He said that in the eyes of the consumer, "the iPhone has the nimbus of infallibility, ergo, it's AT&T's fault." AT&T does not publicly defend itself because it will not criticize Apple under any circumstances, he said

AT&T has recently acknowledged that service in some major U.S. cities have been performing below standards and claims that AT&T is working on it. At no time has AT&T publicly blamed Apple for any issues.

John Gruber, however, questions the objectivity of the article as well as the "independent" sources of data, but also raises the most convincing argument against this probability:

If it's the iPhone's fault, not AT&T's, why aren't iPhone users around the world having the same problems as those here in the U.S.?

BoyGenius points to some sketchy evidence found in their browser logs that seems to suggest iPhone OS 3.1.3 and 4.0 are being used in the wild.

The reason we label this as "sketchy" is that the ability to fake user agents is trivial. Many browser add-ons let you simply type in whatever you would like into the "user agent" field that is being reported. In this case, we also found similar user agent strings in our logs, though they were not originating out of an Apple IP address, but instead out of somewhere in Florida. Little else can be said about the finding.

iPhone 4.0 would suggest Apple is prepping a major OS update. iPhone 3.0 was just released back in July. A full version number upgrade would indicate a major release update.

TechCrunch reports that Google has begun testing a new Android device with their employees. The new device is said not to be just another Android-based phone, but the official Google Phone that has been rumored for some time. From TechCrunch:

Google is building their own branded phone that theyll sell directly and through retailers. They were long planning to have the phone be available by the holidays, but it has now slipped to early 2010. The phone will be produced by a major phone manufacturer but will only have Google branding (Microsoft did the same thing with their first Zunes, which were built by Toshiba).

There wont be any negotiation or compromise over the phones design of features Google is dictating every last piece of it. No splintering of the Android OS that makes some applications unusable. Like the iPhone for Apple, this phone will be Googles pure vision of what a phone should be.

This new phone is said to be a no-compromises version of an Android phone and has been reported to include these details/features:

- Sold as an unlocked GSM phone, so in the U.S. T-Mobile and possibly AT&T
- Android 2.1
- Uses Snapdragon chip and is "really, really fast"
- High resolution OLED screen
- Thinner than iPhone
- Two mics, one on the back to reduce background noise
- "Weirdly" large camera
- Touchscreen keyboard
- Voice to text for dictation

The Google Phone is said to be due for release in January 2010. The Snapdragon chip appears to be based on the same generation of ARM processor as the iPhone 3GS, though could be running at a higher clock speed. Apple, of course, is rumored to be working on their next generation iPhone, though it is not expected for release until mid-year.

Apple is rolling out a new look to their App Store individual app pages tonight which brings it in line with the rest of the iTunes 9 design that was revealed a few months ago. The changes will be of primary interest to App Store developers who rely on the App Store pages to drive sales.

Changes that may impact developers include:

- Much larger icon is shown
- Multiple screenshots are more obvious to viewer
- App description is truncated to the first 2 lines by default. While users can expand to see the rest of the description, many will likely not. This places much more importance on the first two lines of the App's description
- More apps by the same developer are listed automatically

In general, there seems to be a bigger focus on the icon/screenshots on first glance of the page. The changes seem to be propagating to the App Store tonight so not all pages have been affected.