Aug 1

Microsoft and Yahoo executives took another run at trying to ignite formal merger talks this week, but failed to kick it into gear, according to a report in The Wall Street Journal.

Yahoo later rejected the offer, saying it undervalued the company.

Shafir, according to the report, also noted that M&A deals are expected to skid to $2.7 trillion this year, compared with $4.2 trillion last year. And strategic buyouts, like the one Microsoft wants with Yahoo, are expected to plummet by approximately 30 percent. Ouch.

Yoo-hoo Yahoo, what do you think?

The parties last talked four weeks ago, marking the end of what had been six weeks of silence since Microsoft threw out its unsolicited buyout bid valued at $31 a share at the time.

“We don’t see access to capital for large deals any time soon,” Shafir is quoted saying in the report. “Credit is difficult even for the very well-heeled folks.”

According to the Journal’s Deal Journal blog, Shafir had a few dire predictions about the state of large merger and acquisition deals.

Full coverage
Microsoft’s big bid for Yahoo Click here for the latest on the software giant’s attempt to buy the Net pioneer.

Venture capitalists, meanwhile, are also bracing for a dour economy, notes CNET News.com Stefanie Olsen in her blog.

But maybe Yahoo should have been sitting in on a presentation Thursday at Tulane University Law School by Mark Shafir, one of the top merger and acquisition chiefs at Lehman Brothers–an investment bank that is also representing Yahoo alongside Goldman Sachs as it sorts through its options.

Apparently, Microsoft says no dice to raising its buyout bid and Yahoo remains hesitant to open its books without a bump up in price, according to sources cited in the Journal.

That may put a damper on white knight scenarios of an outright acquisition for Yahoo, outside of the Microsoft offer.

Although it’s unclear which executives are doing the merger dance, the meeting was held near Yahoo’s headquarters, the report states.

Aug 1

He went on sketch a future in which people are required to identify themselves before leaving posts on Web sites. So-called “bozo filters” aren’t enough for him. “I don’t know whether we do it with a credit card number, a driver’s license, or passport, but I think making people responsible would raise the level of discourse.”

In an interview with my colleague Greg Sandoval, Brady, who is the executive editor of the Washingtonpost.com, suggested that online anonymity can foster abusive, locker room language that violates Web site standards.

Brady and anybody else who publishes on the Web–from big media conglomerates to the newest blogger–understands that rough elbows predominate in cyberspace. Who doesn’t wish the conversation was more polite? But that’s the price you pay for a no-holds-barred dialectic. The smart talk is going to drown out the bleating anyway. So let the trolls waste their time leaving F-bombs on talkback boards, if they must.

Credit Jim Brady for speaking truthfully about a controversy even though he’s never going to win in the court of cyber opinion.

I’m sure Brady’s familiar with artistic depictions of Saint Sebastian through the ages. The arrows are already flying, but Brady obviously expected to become a target. OK, he made his (very public) point, but the Miss Manners shtick is destined to fall on deaf ears.

“People say things online they would never say when disagreeing with someone at the dinner table. I think heated debate is fine, but when there are (flame wars), many people won’t take part for fear they will be attacked and bashed over the head with the (Internet-equivalent) of a steel pipe.”

Aug 1

Luck
But all the credit can’t be given to Steve Jobs. It should also be given to the poor management at Microsoft, Dell, Hewlett-Packard, and others. Those companies were complacent, focused on the wrong markets, and generally failed to realize that Apple was starting a movement that wasn’t waiting for them to catch up.

Thanks for waking up, HP. Where have you been for the past five years?

Either way, it illustrates an important point: Apple is successful, and its popularity is growing each day. Years ago, no one thought that Apple would survive another year, let alone capture 10 percent of any market. But today, it’s sitting atop the technology industry, and companies in every major market are looking up.

Check out Don’s Digital Home podcast, Twitter feed, and FriendFeed.

Microsoft’s biggest downfall since the return of Apple is Windows and its willingness to let it slip into the mud. Sure, it faced problems with XP, and eventually people came around, but do you really think that Vista would have been such a disaster a decade ago?

To say otherwise is foolhardy.

In Microsoft, I see a company that’s deathly afraid of Google and even more scared of being cornered out of the online space. And so in its desire to capture more search market share and gain a foothold in the advertising market, it forgot about Windows. It also forgot about Apple.

Globally, Apple’s market share is reportedly hovering at just about 3.3 percent–a far cry from its success in the United States–according to one report, but Net Applications places it closer to 5.5 percent. Which estimate is correct? You decide.

Apple has always understood that and does its best to make its computers more elegant than its competitors. HP and Dell are just waking up to that fact.

Granted, computer choice shouldn’t have an impact on coverage, but if the vast majority of press members are using Macs, doesn’t that work in Apple’s favor? Of course, some would surely say the only reason they use Macs is because “Apple computers are better for what they do,” but I don’t tend to agree. I can do this on my Asus Eee PC 1000H without a problem.

Meanwhile, Apple kept plugging away at creating a better experience and captured significant market share under Microsoft’s nose. Yeah, I know, 3 percent to 5 percent isn’t huge, but let’s face it: given the number of computers in the wild, and considering Microsoft’s dominance over vendors and retailers alike, gaining that much share is no small feat.

But how did this happen? Is Apple’s success in the computing market a by-product of Steve Jobs’ insight and uncanny knowledge of what people want? Or is it pure luck, thanks to questionable moves by competitors and being in the right place at the right time?

From there, Steve Jobs led his company out of the doldrums to the position it’s in right now. He understood and used hype as a means of promoting a product and reintroduced a shroud of secrecy that kept the press licking its chops.

I don’t. Bill Gates would have never let that happen back then.

But because the press has fallen in love with Macs, everything is easier for Apple. It’s a strange phenomenon, but people that start using Apple products have a sense of loyalty to them unlike any other computer brand. And it’s that phenomenon that Apple uses to its advantage and what keeps the press coming back for more. And in turn, Apple’s customers keep coming back for more too.

When Jobs returned to Apple in the late ’90s, he changed the company’s focus to hardware and used software as the key driving factor behind selling that hardware. He made sure that Apple didn’t license its operating system and abandoned its plans of copying competitors.

It was a well-calculated risk that paid off.

Skill
There’s no debating the fact that Steve Jobs knows what he’s doing. With each passing “Stevenote,” I become more aware of just how sound his business sense is. I also get a sense of his uncanny ability to give customers what they want before any other company can.

According to Forrester, Apple has finally reached the single milestone that could change the dynamic of the computing business for good: its U.S. laptop market share has reached 10.6 percent during the second quarter of 2008. Just one year ago, it captured just 6.6 percent of the same market.

But Hewlett-Packard and Dell are just as guilty. Both companies were under the impression that Windows would be the savior, no matter what, and that computer design didn’t matter. Sure, that may have been true years ago, when laptops were a pie-in-the-sky idea, but today, laptops are quickly becoming the toast of the town, and people are looking for devices that say something about them. And for quite some time, those consumers have been looking for beauty.

But a discussion about luck wouldn’t be anything without mentioning the media. Go to any conference–major or otherwise–and count the number of Macs being used compared to the number of Windows-based machines. I’m willing to bet that 90 percent of journalists are using Macs.

It’s easy to say that Steve Jobs knows it all, if you’re an Apple zealot, and even easier to say he knows nothing, when you hate Apple. But in reality, Apple’s success is due to significant skill and a healthy portion of good luck.

Apple zealots would undoubtedly contend that Apple’s success has nothing to do with luck, while Microsoft fanboys would argue against that point. In reality, Apple’s success in the computing market is the by-product of both skillful positioning and a healthy dose of luck.

In other words, Steve Jobs pressed all the right buttons and made everyone happy: shareholders, customers, the press, and his employees.

He realized that the industry was filled with derivative products that failed to address consumer desire. Armed with that knowledge, Jobs set out to improve Apple’s operating system and create a different experience that would make people take notice. And because the company was so inconsequential at the time, Jobs knew all too well that few competitors would pay attention–a fortuitous by-product of failure.

He also understood the power of convergence and branched out into other areas to make Apple more than a computer company, while still maintaining its drive to sell computers. After all, if people liked other Apple products like the
iPod, wouldn’t they want to own a
Mac?

Here’s why:

Worse, HP is just waking up to another fact: tying a business model to Windows isn’t always the best move. In fact, the company is reportedly trying to get in on the operating-system business by developing a Linux-based system to offer its customers an alternative to Windows.

Aug 1

Starting at $25, selected bundles 50 or 100 DRM-free songs can be added while building a custom PC on Dell’s Web site. The songs will come preloaded on the computer, ready to play as soon as it’s booted up.

The songs, all by Universal artists, are then playable on any device. You can see what bundles are available on Dell.com/musicandmovies. Track bundles include thematic playlists such as “Rock Titans,” “The Classics,” “Blues Masters,” and so on. The lists will be “refreshed” on a regular basis in the future, and available for purchase on Dell’s site.

The Dell Inspiron now comes with music.

(Credit:
CNET)

Dell already does this with downloaded movies, but it’s the first time a major label has struck a similar distribution deal with a PC company. Universal’s tracks are already offered through a similar service on phones with Nokia and its Comes with Music program.

In a bid to help novice downloaders jump-start their digital-music collections, Universal Music Group is offering “curated” playlists to Dell PC buyers.

The music option is available only on the Inspiron 1525, Studio 15, and XPS 1535 laptops and Inspiron 530, 530s, Studio Desktop, and XPS 420 desktops. The XPS One and Dell Mini 9 netbook are excluded from the offering.

Aug 1

Heavy, an online video play that caters to the Maxim crowd, has laid off 25 employees or about 22 percent of the company’s workforce, a spokesman said Thursday.

A spokesman for Heavy declined to say what led to the downsizing. In a statement issued by the company, Heavy said the move was made to make it “more efficient and profitable.”

Heavy said earlier in the week that it planned to spin off its online video ad network division. Rafat Ali at PaidContent.org, who broke the story about Heavy’s layoffs, wrote that CEO Simon Assaad told him the layoffs were “a result of this spinoff, where the company realized some of the projects they were working on were not needed.”

I read that as Heavy not being able to sell enough ads to keep these people around.

The layoffs come as YouTube and the major TV networks appear to be sewing up the Internet video market. It’s going to get tougher for smaller video sites to attract ad dollars when they have to compete against the likes of CBS and Hulu, the video portal created by NBC Universal and News Corp.

Aug 1

Truth be told, I thought pretty much the same thing. Only one problem. They were messing with your heads.

The video, “Rocking Our Sales,” by “Bruce ServicePack and the Vista Street Band,” is painfully lame. How bad? A friend from IBM who viewed the video said it made him rip out his spleen. That’s pretty bad.

Bloggers have been chortling all day over a goofy video made for Microsoft’s sales team that made its way onto YouTube.

“They thought folks internally would get a kick out of not taking themselves so seriously all the time, but some people thought that’s exactly what they were being–serious. Anyway, this little piece of art came to life and has caused quite a few laughs in Microsoft’s hallways.”

In short order, Microsoft was getting pilloried for not having a clue about cool. The House of Gates was so square, it was beyond lame. Gizmodo put up a post titled “Internal
Microsoft Vista Video is as Painful as Videos Get”, while Engadget chimed in with “Microsoft burns our eyes with Vista promo video.” Not to be outdone, CrunchGear added its 2 cents with “Don’t shoot the messenger: Microsoft internal promo video about Windows Vista is hard to watch.”

“This video was a spoof (believe it or not),” said a Microsoft representative familiar with the reason behind the production. Apparently, it was a way for Microsoft to have some fun at its own expense.

Who woulda thunk it?

Guys, the joke’s on us. Big time.

Aug 1

Sample entry in the book: “textual frustration: a late-night text exchange that fails to result in old-fashioned lip-locking.” DailyCandy staffers told me that about half the entries in the book are wholly original, and the other half are sourced from “Lexicon”-themed DailyCandy e-mails from over the years.

For a popular blogger, somewhat ironically, getting a “dead-tree tie-in” (to quote Bercovici) seems to be the way of knowing you’ve made it. But is that canceled out if it doesn’t sell well?

It was the launch party for girly e-newsletter DailyCandy’s new book, The DailyCandy Lexicon: Words That Don’t Exist But Should, at the McNally Robinson bookstore-cafe in Manhattan’s SoHo neighborhood. Refreshments consisted of rum cocktails and, not surprisingly, candy.

I also didn’t get a good answer to this question: Why is there such an impulse to turn a blog (or, in DailyCandy’s case, an online newsletter) into a book?

The world may never know.

DailyCandy, for what it’s worth, has a much more longstanding brand than the likes of I Can Has Cheezburger, and it already has an earlier book (DailyCandy A to Z, published in 2006) under its belt. But the question still stands: why venture offline when the online brand seems to be doing just fine on its own? Will it really convert enough new readers to offset the cost and energy of book publishing? Is a “blog book” really just an ego boost?

NEW YORK–Tuesday night was the first time I’d been to a digital-media-related event at a bookstore, unless you count the time that Google threw a conference at the New York Public Library.

DailyCandy crowds a SoHo bookstore for its book launch party on Tuesday night.

(Credit:
Caroline McCarthy/CNET News)

The party was mostly full of DailyCandy’s own sundress-clad legions–the company employs about 60 people–and their friends. Fellow blog folk were few and far between, though a handful of people from nearby new-media companies like Flavorpill and Gawker showed up. So did Bob Pittman, the MTV executive turned AOL executive turned Pilot Group chief, whose investment firm owns a majority stake in DailyCandy. (Regrettably, Pittman left before I had a chance to ask him about his reported foray into the tequila business.)

This blogs-to-books trend seems to keep chugging along, despite the fact that none of their predecessors have been particularly successful. Gawker Media’s Guide to Conquering All Media
sold dismally, as schadenfreude-happy blogger Jeff Bercovici gleefully pointed out. Options, the book takeoff of the wildly popular Fake Steve Jobs blog, wasn’t exactly a chart-topper, either. And now there are books either just out or on the way for blogs Stuff White People Like, I Can Has Cheezburger, Postcards From Yo Momma, Passive-Aggressive Notes, and a heap of others.

Aug 1

An Amazon spokesman denied being pushed into Friday’s decision. As for whether contractual issues played a part, the spokesman repeated what the company said Friday: “Kindle 2’s experimental text-to-speech feature is legal.”

He says while Authors Guild managers were “vocal” with their objections to the Kindle’s speech technology, including publishing an op-ed piece in The New York Times, much more powerful entities were leaning on Amazon to make changes: large book publishers.

On Friday, Amazon announced it would reconfigure the Kindle 2’s systems to allow publishers to disable the text-to-speech function for titles of their choosing. However, the retailer made it clear in the announcement that it believed text-to-speech did not violate copyright.

Aiken began criticizing Amazon soon after the Kindle 2’s debut last month. He argued that the retailer was violating the author’s copyright and was cutting them out of a potentially new and lucrative market.

The executive director of the 9,000-member guild isn’t taking all or even most of the credit for Amazon’s abrupt about-face on Friday. The retailer announced that it would allow publishers to disable the Kindle 2’s text-to-speech feature on any titles of their choosing.

Paul Aiken and the Authors Guild aren’t gloating.

“We’re relieved by Amazon’s decision,” Aiken said. “It’s hard to get paid for your content online for digital uses. We have to get things right in these emerging markets. There has to be reasonable ways for authors and creators to get compensated.

“Amazon’s move is a good first step,” Aiken continued. “We got a ways to go. We believe that text-to-speech should be available but this isn’t just about the Kindle. What you have to keep an eye on is that text-to-speech may be more valuable in the mobile market. If screens on many of these devices are too small for a good reading experience, text-to-speech may be an important application. We just want to make sure authors are fairly compensated.”

“What you have to keep an eye on is that text-to-speech may be more valuable in the mobile market. If screens on many of these devices are too small for a good reading experience, text-to-speech may be an important application.” –Paul Aiken, Authors Guild executive director

Many tech fans interpret the complaints of the Authors Guild as the latest attempt by creators to control information. Aiken and copyright advocates say it’s the responsibility of the guild and authors to ensure they get a fair share of revenue they help produce.

The question I had for Aiken was how the clause about limiting the rights for audio enhancement was inserted into some agreements?

“Amazon realized the magnitude of the contractual problem,” Aiken said Monday morning. “Many of the author’s publishing contracts give publishers the right to publish e-books, but only without enhancing audio. A reasonable reading of those contracts shows that publishers didn’t have the authority to sell e-books for use in a Kindle device with audio enhancement.”

Update 2:49 p.m. PST: to include comment from Amazon.

There was one more reason Amazon was prompted to make changes, according to Aiken.

He said one major publisher in particular had the foresight to include the clause into contracts with book distributors. Aiken declined to name the publisher.

Aiken said perhaps in the future, text-to-speech will be bundled with audio books. He suggested someone could buy an audio book and purchase text-to-speech for say, an extra $1.75.

The controversy has irked some Kindle owners, as well as people both for and against strong copyright laws.

Aug 1

Both the CEA-CNET Index of Consumer Expectations (ICE), which measures consumer expectations about the broader economy, and the CEA-CNET Index of Consumer Technology Expectations (ICTE), which gauges consumer expectations about technology spending, showed rises for the month of August.

(Credit:
CEA-CNET )

The survey data, which is published monthly on the fourth Tuesday of every month, are collected by calling 1,000 respondents who are randomly selected. The data are weighted to be representative of the U.S. population.

The ICTE reached 84.4 points in August, in a range of 0 to 200 points, up nearly 4 points from July, marking the third consecutive month it has risen and the highest level it has reached since February. The August level is also the first year-over-year increase since the data began getting tracked by CEA and CNET in January 2007.

Mean expectations consumers had for spending more on consumer technology was at the highest level in five months, the report said.

U.S. consumers are feeling more confident about the economy than they were last month and continue to plan to spend more on technology in the coming 12 months, according to two surveys conducted by the Consumer Electronics Association and CNET and released on Tuesday.

“While still depressed on a year-over-year basis, consumers are showing some signs of confidence as the summer closes,” the report said. Although mean expectations that the economy will be better off in the next 12 months than it is today increased only marginally from last month, there was more confidence related to the job market and personal financial health.

The ICE hit 165.5 points in August, in a range of 100 to 300 points, a rise of more than 3 points from its record low in July and the highest point it has reached since March. However, the index remains 9 points below the level reported a year ago.

Aug 1

In 2007, Intel spent $5.8 billion on research and development and $5 billion on plant and equipment.

Intel will follow the desktop chips with Nehalem server products in the first quarter of next year.

In the third quarter, Intel’s gross margins may come close to the midpoint of the gross margin range, on a profit of 35 cents and sales of $10.2 billion, according to Richard. In July, Intel forecast sales of $10 billion to $10.6 billion for the third quarter.

Intel will report third-quarter earnings on October 14.

Shares of the world’s largest chipmaker rose 1.46 points, or 8.45 percent, Tuesday to $18.73.

New products may help Intel’s bottom line. Intel is getting set to ship a brand new chip architecture in the fourth quarter. The “Nehalem” line of processors will appear initially as the Core i7 line of desktop silicon.

At least some of this uptick can be attributed to investment bank Piper Jaffray, which raised its rating on Intel to “buy” from “neutral” on Tuesday. Piper Jaffray analyst Auguste Richard said in a research note reported widely on Tuesday that Intel should make its third-quarter earnings numbers and that checks show that Intel is running its factories nearly flat out, which should favorably impact gross margin, a key indicator of profitability.

Despite an economic crisis and volatile stock market, Intel copped an upgrade Tuesday.

On another front, Intel Chairman Craig Barrett said the chipmaker will continue to invest aggressively in products and technologies despite the U.S. financial meltdown’s potentially negative impact on emerging markets that are needed for its growth, according to a Reuters report.

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