UK judge orders Apple to create an ad campaign aimed at dispelling the notion that Samsung violated iPad copyrights

Is this a clear indication that current copyright / patent laws are encouraging a “race to the bottom” of sorts?  

Like something straight out of the “Twilight Zone”, Apple is being ordered to spend money on advertising which will bring them absolutely no benefit whatsoever. The judge in question, Colin Birss, threw down this ruling in order to apparently help counteract any previewed damage that Apples patent infringement claims might have had on sales of Samsung’s Galaxy Tab.

There are most definitely two sides to this story and two distinct viewpoints that one can take as well. On one hand, being forced to run a negative ad campaign against oneself could be viewed as wholly counterintuitive to the notion of business in general, and it certainly is a bit of a strange punishment when you think about it. If Apple was simply exercising its right to engage in free speech, then it seems somewhat draconian to force them to dispel their own feelings, wouldn’t you agree? However, Apple also could be considered to be something of a monopoly in the tech world and if their share prices are any indication, they’re certainly not hurting when it comes to funding. So, you might also view this debacle from the other side of the table; Apple as the big bad bully, who uses its power and influence to derail all competition.

Arguably, the truth lies somewhere in between these two viewpoints. Certainly Apple has a disproportionate level of influence and market control, no one in their right mind would dispute that. But don’t get the wrong idea, there’s a reason for their success, they’re truly a remarkable company (however as some people have pointed out, there is a sort of “cult-like” social web that’s been spun around them as well; take that however you like). Likewise, it’s pretty obvious that Samsung most likely co-opted elements of Apple’s iPad in the creation of their own device. They say that “imitation is the sincerest form of flattery”, so really, Apple should be at least somewhat flattered that virtually every other tech company on the planet is apt to mimic them in various ways.

When other companies copy Apple’s productions / designs, they are reaping the benefits of perhaps years of production and millions of dollars which were invested to arrive at a finished product (without having to do the work). In other words, in some small way, Apple’s claims are also justified because every imitator coming onto the market is indirectly siphoning funds out of their potential profit margin.

The point is, this is not simply a “cut and dry” issue, if anything, it highlights the reality of serious problems with the patent and copyright system which must be resolved or it might actually begin to affect technological development. Just think about it, the current system is apparently inhibiting growth while at the same time allowing imitators to (at the very least) ride the coat tails of innovators without having to pay the piper for the trip. If this kind of behavior is allowed to continue on, many organizations will undoubtedly come to the conclusion that it is more “economically and fiscally sound” to simply wait until other institutions do all the work and then merely duplicate and reproduce a facsimile of their finished design(s). This is a perfect demonstration of a situation that could surface from current copyright / patent laws with regards to emerging tech devices and software.

When you look at the big picture, ongoing technological development and innovation on the global scale is much more important than the mere diversity in the markets. In other words, we should be pushing for imitators to build, or add to innovations as opposed to merely copying them; in those types of cases, no patent laws are violated because it’s an “improved design” which we’re speaking of. Simply creating “watered-down” versions of inventions serves no other purpose than to flood the market with cheaper imitations which will likely do nothing aside from force technological innovators into a “race to the bottom” bottleneck. The point is, this is the kind of paradigm we need to avoid promoting on a cultural level (if we want to continue to grow or evolve, that is).

At the very least, you would assume that Apple has the right to state their opinions openly to the world. If they’re being forced to negatively label themselves in an effort to dispel their true feelings we aren’t really talking about openness or progress are we? While Samsung might feel as though they are having a true “Robin Hood” moment, the fact is that they were not the first company out of the gate with this particular device concept. Regardless of whatever happens, Samsung is still going to make a bundle with the Galaxy Tab; in this way, they are still winners apart from any type of negative outcome. Apple however, is the pioneer here and stands to lose the most ground.

Side Note* Is Your Organization (and IT department) prepared for the ongoing Global Cloud Computing Adoption?  
To say that the world is embracing cloud computing is an understatement. Every single day the overall number of institutions, businesses and governments using cloud computing technologies increases. Individuals too have long since been swept up into the cloud by means of email, social media sites and services like Youtube, etc… Then, once you factor in the immense push toward tablets, it’s glaringly obvious that cloud computing clearly seems to be on its way “in” while traditional computing and IT seems to be on its way “out”. This of course highlights an important point for all businesses and organizations who rely on IT services, and that is how well prepared they are to incorporate and use cloud computing. Today’s businesses need IT workers who are certified and/or trained in cloud computing, nearly all trending experts seem to be in agreement about this. Luckily, it’s not expensive or time consuming to pursue and can be largely achieved via the internet.

Click here for information about Cloud Computing E-learning.

The murky legal situation concerning standard Cloud Computing contracts

Are disclaimers solid enough to handle all potential liabilities?

Whenever an individual or business takes on a new cloud provider or service they are usually asked to sign some form of binding agreement. The purpose of these waivers is to ensure that, should the provider fail in its obligations, the user can’t legally prosecute them. Most of the time a simple disclaimer is sufficient enough to get the job done – which should contain basic information about roles, responsibilities and what might happen in the event of a disaster.

However, the situation becomes a little bit trickier once you factor in third parties like hackers, malcontents, or unethical employees / insiders. For example, if a cloud provider’s service is undermined by a single employee (or small group) who is acting alone, contrary to the interest of the organization, why should the entire company be held liable? This of course is just one example of the complexity presented by cloud contracts vs. potential real-world events and/or criminal activity.

The European Commission has recently suggested that cloud computing contracts need to be overhauled in an effort to eliminate expensive and unnecessary legal skirmishes. It makes sense, put everyone on the path toward doing what’s right and holding guilty parties liable; seems like a perfectly sensible and noble proposition. Basically, the big fears are still hovering around the issue of data security in the cloud. Because an overwhelming majority of cloud providers now use contracts which do not hold them liable for damages, security breaches, data reliability or service continuity, potential customers are understandably apprehensive.

Likewise, because cloud providers might use remote or third-party data centers for additional storage or backup, whoever they do business with should also be liable for the customers’ data security and integrity. The problem here is that most cloud providers seem to have the attitude that this isn’t their duty, which is completely wrong and needs to be addressed. Naturally, those businesses that have more valuable data stand to lose more than those without. If there is no system of deterrence in place, what’s to prevent criminals from stealing at whim? Creating international laws which make it easier to prosecute data thieves is the obvious answer here. One of the current roadblocks to tracking down digital criminals is the protectionist policies that certain countries have in place preventing authorities from conducting investigations.

One potential solution might be to require cloud providers to purchase some form of insurance for these types of disastrous situations. Naturally, this would also necessitate the creation of specialized insurance programs / policies designed for cloud computing operations. With such a thing in place, cloud providers would be able to, at the very least, financially compensate their clients given the value of their data and service. Another potential resolution for these contractual issues might be to require cloud providers (by law) to set aside a certain amount of funds into a segregated account to be used to cover potential customer losses. However, this still doesn’t solve the greater issue of how to track down and prosecute guilty parties, but it is a great way to ensure that users are aptly compensated for any losses incurred.

Service disruption is a big issue as well. Contracts need to clearly state the terms concerning loss of service and/or gross underperformance. Cloud users shouldn’t be obligated to pay for a substandard service and allowing depraved cloud computing providers to continue on with inferior operations is an affront to cloud computing as a whole. These low-grade cloud providers not only cause damage to users, they also steal business away from legitimate companies who are able to provide a quality service.

In the end, protecting second-rate cloud providers will only lead to an overall increase in the price of quality cloud provider services. Perhaps what’s being brought to light is the fact that cloud computing doesn’t possess the necessary regulatory measure needed to guarantee that it can grow in a free market environment?  

Protect your business or organization with knowledge
One of the easiest ways that any business or organization can protect themselves against all future cloud-related security issues (should they occur) is Cloud Computing education and training. As a matter of fact, if your IT department doesn’t contain any personnel with any form of cloud computing certification, something is seriously wrong. Everyone is turning to cloud computing because it is cheaper and a clear improvement over traditional IT in every way imaginable. Organizations that fail to realize the inherent supremacy in the cloud are going to be left behind as their competitors leverage its awesome power. Even if certification isn’t an option, there are also cloud foundation training programs which are designed to familiarize professionals with every aspect of cloud computing. Armed with cloud knowledge, your organization can avoid the pitfalls and reap all the benefits of this remarkable technology.

Sony’s open cloud gaming platform, “Gaikai”, is amazing

High-end gaming right inside your browser, “Gaikai” is a perfect demonstration of the power and charm of cloud computing cloud computing gaming platform
Most recently, Sony acquired the open cloud gaming platform, called “Gaikai” (pronounced: guy-kai), for a reported investment of $380 million dollars. At this point you’re probably wondering – what is Gaikai, and why is Sony so eager to drop all those greenbacks, right? In a nutshell, Gaikai is a refined, browser-based cloud gaming delivery system. In other words, this new cloud gaming institution is basically a living embodiment of what many (who realize the potential inherent in cloud computing) have been waiting for; a high-tech cloud gaming solution that actually works.

But going beyond simply delivering your standard internet-based flash games or other non-hardware-intensive titles, Gaikai is able to instantly bring top-tier games to your browser window. This is no joke. Through this cloud gaming platform, you can play games which normally require systems with powerful graphics cards and tons of RAM on even lower-end systems. *Note: I personally loaded up and played a bit of Assassins’ Creed: Brotherhood on an older system equipped with Mozilla Firefox just to test it out, needless to say, it worked like a charm. The graphics were excellent, gameplay was sharp and unfettered, even on a machine with half the minimum requirements needed for operation on PC; the entire experience was very eye-opening to say the least.  

Has Cloud Gaming Officially Arrived?  
For those who are really into video games and/or gaming in general, this technology represents a giant leap forward. Sony is no doubt aware of the potential here as they are a major player in the multi-billion dollar gaming industry already. The real question is – what effect is this going to have on the gaming industry itself over time?

When you consider the fact that either PC or console gaming requires the purchase of expensive devices and/or components along with additional (often expensive) software costs, it’s easy to see why cloud gaming is superior. For example, most PC gamers are very used to having to devise their own operational solutions (or even debug the software they purchase) just to gain functionality. Likewise, console gamers have been fraught with numerous hardware failures regardless of the system they might have purchased. Cloud gaming solves many different problems all at once. Since cloud gaming will likely be deployed as part of some form of subscription service. Additionally, no hardware upgrades will be necessary from users and software / game packages are likely to be included in the total cost(s) as well. The trade-off of course, is that you’re essentially exchanging ownership rights for hardware and software for significantly reduced costs of use and operation. For a great deal of gamers, this will open the door a higher quality of play at a much reduced price.

A Gaming Renaissance might be on the way…
It is not outside of the realm of possibility that cloud gaming will attract even more people to the video gaming industry. Because cloud gaming is very much a plug-and-play type of technology, there’s very little setup time involved and virtually no major issues present which might derail potential customers from picking it up. The fact is, more people might have already jumped into video games if it weren’t for the complex issues surrounding hardware upgrades and system management. This technology basically allows anyone to jump right into recent games featuring state-of-the-art software technology instantly, and right inside their favorite browser. Moreover, the kind of cloud gaming experience that Gaikai delivers is stable enough to be deployed and distributed over social media networks and sites like Facebook.

A message for IT pros and all perceptive PC gamers
If you’re an IT professional, or a part of the elite PC gaming community, you should take a serious look at cloud computing certification. Why, you ask? All the tell-tale signs of a global shift in computing and networking are here and on full display; we’re shifting from traditional IT to cloud computing, and fast. Those with an interest in computing, networking, gaming, or other technical areas need to ensure that their knowledge base is up-to-date and on the cutting-edge. The best way to prepare for and adapt to the increasing adoption of cloud computing is to educate oneself. It’s not expensive, the courses can be completed almost entirely online, and once you’re finished you’ll be one step closer to a better employment situation and truly understanding this emerging technology. Those with the foresight to get into this now will win big, those who wait might not be as lucky.

For Cloud Computing Certification Programs, Click Here.  
For Cloud Computing Foundation Training, Click Here.  

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* System requirements for Assassin’s Creed: Brotherhood ubisoft.custhelp.com/app/answers/detail/a_id/14572/~/minimum-requirements-for-assassin's-creed%3A-brotherhood

In spite of global economic woes, Cloud Computing is still growing and generating profits

They say that “the cream always rises to the top” and this certainly seems to be the case where cloud computing is concerned. The simple fact of the matter is that cloud computing is doing quite well these days. Virtually every major business is getting drawn into it (or is already involved) and individuals have been steeped in the cloud for quite some time now. Likewise, the world’s biggest tech companies (Microsoft, Google, Amazon, etc…) are becoming increasingly “Gung-ho” about their cloud computing operations / projects. Isn’t this a clear sign that they see substantial future value in the cloud?

When you sit back and analyze the economic / geo-political situation we find ourselves in (worldwide), it becomes very apparent that growth in many different sectors (and countries) appears to be slowing down. In other words, some mitigating factors appear to be stifling global trade, production and instigating a new type of class warfare. Be it  lack of supply of resources, banker theft, collusion, income distribution disparities, budget shortfalls, increasing natural disasters, etc…the list seems to go on and on. However, in spite of all this turmoil, cloud computing seems to be doing just fine; in fact, it even seems to be growing and/or thriving.

Additionally, there are plenty of reports and studies that clearly indicate that there are substantial savings and benefits associated with cloud computing (which are not accessible through any other form of IT). Need proof?  Here you go…

According to this study carried out by Verdantix for the Carbon Disclosure Project:

“Through the forecast uptake of cloud computing, US businesses with annual revenues of more than $1 billion can achieve economy-wide savings in energy alone of $12.3 billion a year by 2020.”

“A typical food & beverage firm transitioning its HR application from dedicated IT to a public cloud can achieve a NPV (Net Present Value) of $10.1 million over five years with a payback period of under a year.”

Perhaps this has something to do with the inherent value in the cloud? Without a doubt, it most certainly does. Simply put, the reason cloud computing is succeeding in the face of significant strife is because it works and makes logical sense. Regardless of how you might view the importance of IT, the general trend in modern business seems to be one in which a great deal more emphasis is placed upon these assets. Or, to put it in much simpler terms, today’s businesses are more-or-less reliant on the services provided by IT. Moreover, the entire global population appears to have become more tech-savvy, which increases the need for more sophisticated online services and delivery of these elements.

Right now, cloud computing appears to be an unstoppable juggernaut. It’s scooping up major businesses, universities, military, etc…left and right while at the same time developing its internal technologies and capabilities all the while. Similarly, it shows absolutely no signs of slowing down its breakneck-like pace of growth and development either.

The most sensible and perhaps, prudent thing any business can do right now is to look at their current operation(s) and determine how they can incorporate cloud computing technology or upgrade their existing infrastructure. However, this type of plan-of-action might not be possible (or go as smoothly) if you don’t have IT personnel who really “get” what cloud computing is, does and might be capable of.  

Fortunately, there is a simple remedy for this predicament – cloud computing education, more specifically, e-learning (via the Internet). Through this specialized form of distance learning, IT professionals can easily and conveniently become cloud certified and trained in the latest knowledge base available. For business managers and owners, this means that you will become even more self-contained as an organization and be able to utilize cloud computing to its fullest extent, thereby reaping the rewards it offers and staving off competition in the process.

So, what’s the bottom line here, you might be wondering? Cloud computing is something that businesses, IT pros, professional organizations, and regular individuals can all take advantage of. The obvious power and value of cloud computing makes it extremely likely that it will be around for a very long time as well. Also, we don’t really have any idea just how much growth and development the cloud will produce over its lifespan, but it’s safe to assume that amazing advancements will take place under its oversight (some already have). Quite simply, if a business wants to increase its capital retention, increase its IT capabilities, and remain competitive, cloud computing is the way to go.

Cloud Computing just received a major performance upgrade courtesy of some fresh architecture from Profitbricks Cloud Computing and Profitbricks

While Cloud Computing is already known for its high performance-related power attributes, given recent news, it appears that we still haven’t “hit the ceiling” in terms of computing muscle. Enter ProfitBricks: a provider specializing in IaaS, has devised a better, more efficient way to deliver cloud computing to the masses. Basically, this new service allows for increased performance at even lower costs of operation. Some have even branded this new platform as a form of 2nd generation cloud architecture.

At the heart of this new system is ProfitBricks’ virtual data center; which is apparently one of the most elastic and lithe forms of cloud infrastructure and server management currently in existence. In essence, this is ProfitBricks’ attempt at building a better approach to customer designed data centers. Their logic is actually quite sound.

Since individual users/companies face unique situations and require bespoke solutions to address issues, it only makes sense that, when it comes time to design their data center, this process should reinforce their objectives. In other words, ProfitBricks is seeking to give customers much more for their money; we’re talking about a cloud computing service that really allows them to quickly create infrastructure that could be (more) well-suited to their specific needs.

Take live vertical scaling, for instance; this allows users to effectively alter their infrastructure on a “needs” basis. You can add RAM, processor cores and other components as you need them without having to shut down or restart systems. This is the first example of such a system to hit the market, we can only hope that this user-centric philosophy of cloud computing catches on. What we’re really talking about here is giving organizations the ability to create their own remotely-positioned IT infrastructure which can then be instantly managed from any location.

Now, for the first time, virtually any business’ IT department can directly participate in the remote management of cloud computing services. The next logical question is of course, is your IT personnel prepared for this transition? Regardless, there are affordable steps any company can take to forge a more knowledgeable IT department with regards to cloud computing.

Online enabled e-learning is the most popular choice, as it is extremely thorough and inexpensive. Through cloud computing certification and training, IT professionals will gain great insight into how cloud computing works and how it can be used to enhance the way their employer does business. Having qualified and certified cloud personnel on hand is the only way to take advantage of great IaaS-style products (like what ProfitBricks is currently offering).

Additionally, ProfitBricks new service will be one of the few complete cloud-based systems to use a true system of “up-to-the-minute” pricing, which will certainly help certain businesses trim unnecessary costs. Resource usage will also be tracked and priced accordingly; this flies in the face of certain types of stock cloud provider plans which tend to bundle resources into a total cost regardless of whether or not you actually use them, or how useful they might actually be.

What effect will this have on the cloud computing industry?
Hard logic points toward this new ProfitBricks-led development as heralding in a new age of cloud computing. Now, for the first time, cloud consumers have a method for building exactly the type of infrastructure the need and want only with increased power potential and with reasonable pricing policies in tow.

The question is, will consumers run toward this new form of IaaS (as they should) or will they simply not see the inherent value in it? As crazy as it might seem, even business-minded individuals don’t always see how certain (clearly superior) approaches are more worthy of their coin than others. It’s not outside of the realm of possibility that a great deal of businesses might opt for paying slightly more in favor keeping their fully-managed cloud services.

While setting up and managing an IaaS cloud operation isn’t particularly complex, many organizations simply aren’t familiar enough with cloud computing to leverage its power and benefit. It’s far more likely that businesses will begin moving toward dedicated IaaS-style services once a greater percentage of the world’s corporations have moved into cloud computing territory.

In other words, once we begin to see global cloud adoption rates passing the 60% and 70% mark, the demand for IaaS (and the virtual data center that’s being offered up by ProfitBricks) will increase as well.