Elementary my dear Watson

Disclaimer - here is my phone/tablet experience thus far (would consider a WinMo 8 phone if it's compelling for my next contract): I currently use a Galaxy S II Skyrocket as my phone (I have owned a Motorola Q, iPhone 3g, Atrix 4g and Galaxy S II before this), have owned an iPad 2 for about a year so far, and recently purchased a Nexus 7 tablet.

Everyone is constantly bickering about mobile OS share, because everyone loves to argue and propound the virtues of their smartphone/tablet OS du jour..and it's huge business that's also threatening to hollow out the PC market. Some point to total units shipped, market share, profit margins, web usage statistics, and others just flap their uniformed, slack-jawed maws about how a particular feature set makes their favorite mobile OS "better" than the rest...but I have yet to be completely convinced that one piece of hard/software is "better" than another, each has it's strengths/weaknesses: 

Apple/iOS - Aesthetically pleasing hardware, decent but closed software ecosystem. Sells a ton and grabs the lions share of the profits
Google/Android/OEMs - Has some features that others don't, sells the OS as a vehicle for their search/advertising business. The OS is fractured and mauled to death by carriers/OEMs.
Microsoft/OEMs - Promising start, fresh take on the mobile OS, but very late to the party. Questionable OEM build quality until Nokia entered the game. WinPhone 8 looks good, but is it enough?
RIM/QNX - They were popular for awhile but missed the consumer boat and kept watching it sail into the horizon, but still have security that other's can't match, stick to the physical keyboard to their detriment. BB10 - will it be enough to save them? Odds are they're purchased by one of the big fish listed above in 3 months.

While I bash on the behavior/products of companies that build mobile software/hardware, I have tried to bash on everyone equally (I'm not totally sure that I have gone on a 'roid rage tear concerning Android/Google yet...but soon will be the winter of their discontent). To quote Gunny from Full Metal Jacket:

"I am hard, you will not like me. But the more you hate me, the more you will learn. I am hard but I am fair...Here you are all equally worthless"

All the manufacturers are trying desperately to win market share from one another, spending gobs and gobs of money on advertising, creating various incentive programs to win over the hearts (wallets) of future and current smartphone/tablet users (as if people will use non-smartphone phones going forward).

Additionally the manufacturers are very much leaning towards vertical integration of their hardware/software, because it allows them to capture all of the profits for their ecosystem, own the supply chain (drive down costs) and get a handle on quality (I'm looking at you most Android phones out there).

I on the other hand of come up with a fool-proof formula to dominate the smartphone/tablet market:

1) Build it beautiful, functional and timeless - basically follow what Dieter Rams espoused in his 10 principles
2) KISS - Goes for the hardware and software
3) Make it sexy - this is the reason why you don't see very many people driving a Gremlin around these days
4) Market it well - if nobody knows about it, nobody will buy it...being a hipster doesn't pay the mortgage
5) Apps - the browser is still important, but apps are as daringfireball put it, the new channels

Ok, I think that's pretty brain-dead easy to figure out...but what if you're an underdog (read RIM/MSFT) and want to take over the market from existing players? I proudly introduce my 'Theory of Lowering the Barrier to Adoption":

The basic premise is that people are afraid of change and get comfortable with the hard/software during the 2 years in which they are under contract (at least in the US), also they are cheap (maybe not iOS users).

People are afraid of change:
The traditional smartphone/tablet layout is a grid of app icons with some sort of tray for your core apps/settings. This setup has easy to use/understand and has been somewhat baked into the societal subconscious for who a smartphone layout should look and feel like. Enter MSFT with the WinPhone 7/8 and Windows 8 metro/live tile look. I appreciate what they're doing, it's a breath of fresh air...but alas it has not seemingly been able to grab people in the way they had hoped...I'm going to say it's the 'scared of change thing' barrier, even though designers seem to like it.

People are cheap
Let's say for the sake of argument that the average smartphone/tablet user will spend anywhere from $25-50 on apps for his her/device during the course of a 2 year contract. At first blush that doesn't appear to be a lot, but to the company that's trying to steal market share it really means $50-100 to successfully get a defection. The user is straight up out $25-50 for their old apps, and another $25-50 to re-purchase the same apps for the new platform, hence the 'people are cheap' barrier.

What manufacturers need to do in order have a prayer to steal market share is this: make the transition to the new OS slightly less jarring and offer an "app amnesty" or "app transfer" program to make sure that people don't have to fork over their hard earned (for some people anyways) cash and buy their apps all over again. I think that MSFT should have pursued this strategy in conjunction with paying developers to write apps for Windows Phone. Google is starting off on the right track with a $25 Play Store credit if you purchase a Nexus 7 - combine this with a $200 price tag (people are cheap) and compare this with the $4/500 iPad and you have the beginnings of a revolution.

The basic math: Good Design + Marketing +Sexy time + Marketing + Apps + warm and fuzzy + cheap = WIN 


In pictures for those of you who are tired of reading my diatribe -

My way:

Or the RIM way:

In Memoriam

Our nation has suffered a senseless, unprovoked tragedy in Aurora, CO. We have lost our brothers and sisters, aunts and uncles, mothers and fathers and most tragically our sons and daughters. Our hearts goes out to their families and loved ones, friends, acquaintances and co-workers in this time of shock and grief.

Instead of politicizing this tragic events and giving a platform to a deranged, psychopathic individual, let's take this opportunity first and foremost to comfort the survivors and their families, and to strengthen what we cherish most in this country - our liberties and our resolve. Instead of clamping down and restricting our freedoms, let us take an example from our brothers in Norway: "Extremism will be met with more democracy". Let also take as a good example from a survivor of the tragedy, who shielded others with his body. He said that he wants to go back to the movie theater and say: "I beat you. You did not take this life".

These are prime examples of how we should react to any tragedy: Stand firm to our principles, stand our ground and declare that we may be down, but we will not be beaten, and in the process we will not compromise our ideals for anyone or anything. We are a nation that has withstood civil wars, world wars, great depressions, natural and man made disasters. We have survived these ordeals because of our principles and the strength that we have found in the diversity of our people. We must re-affirm our status as what Reagan famously stated: "a shining city upon a hill whose beacon light guides freedom-loving people everywhere". Now is the time to comfort and give strength to those who are suffering, and to set the example for the world.

In closing, because Lincoln was one of our most gifted orators and leaders:

"We are not enemies, but friends. We must not be enemies. Though passion may have strained it must not break our bonds of affection. The mystic chords of memory, stretching from every battlefield and patriot grave to every living heart and hearthstone all over this broad land, will yet swell the chorus of the Union, when again touched, as surely they will be, by the better angels of our nature."

Nexus 7 - First Impressions

       I know I'm going to be accused of being a Google fanboy on this one (since I own an Android phone and am prone to rip on everyone), but I think that Google/Asus did a solid job on the Google Nexus 7. It feels very comfortable in the hand(s), has a nice look and feel (it has been accused of looking like a big phone - but isn't that what an iPad looks like as well?), Android 4.1.1 (Jellybean) looks and feels very responsive, snappy and refined (I own a stock Samsung Galaxy Skyrocket that has had software modifications made by Samsung and AT&T). I'm not going to go all geek crazy like a lot of reviewers, I wanted to give a good once over for regular people.
       I realize that everyone is going all vertical integration crazy, what with Apple's iPhone/iPad and iOS, Blackberry and the Crackberry/QNX OS, MSFT with the Surface/Windows 8 and Google with the various Nexus devices. People may ask - Gabe, why is everyone and their mom doing this? The answer is complex and simple at the same time: Hardware manufacturers (Apple is the most successful in terms of profitability at least) have realized that it's quite a pain in the ass and time consuming to develop an OS and then turn it over to OEMs to build hardware to support it. This scenario makes for crappy quality (go to any cell phone store and check out most of the Android hardware if you don't believe me) and increases the Time to Market (Software released to OEM, OEM submits device to carrier) for any device. Given the increasingly shorter product life spans (Read - consumer attention span) of mobile devices and the ever shortening development/release cycles (Samsung releases a device about every 3 months and also), it's very important to capture market share right out of the gate. Ok, enough digression and back to the Nexus 7 goodness.


The Good:
  1) Price - $200 for the 8GB and $250 for the 16 GB Version 
  2) Build Quality - Looks/feels very polished and solid. I appreciate the textured/plasticky back of the tablet...I don't feel like i'm going to scratch it every time I put it down (unlike the iPad)
   3)  Android - I can't get enough of the "pure/vanilla" Android. It's showcases the OS in a way that it should be. The OS is response/smooth compared to my bastardized/skinned Galaxy Skyrocket
   4) Performance - The screen is pretty (has more pixels per inch than the iPad 2)
   5) Form Factor - There is buzz about Developers not writing for the 7 inch form factor, but it feels great and is a welcome alternative to the larger iPad/10 inch Android tablets
 6) Battery life - is great. the lower screen size really helps, and the new Tegra 3 architecture turns off cores and uses a +1 low power additional core to only run when there's no need for full throttle.

The Undermined (Bad):
  1) Form Factor - Will developers buy the 7 inch Android form factor? Only time will tell, but I can hope
  2) Apps - Android still lags behind the iOS appstore...but there's room to get better
  3) Storage - No SD card slot - I say shame on you ASUS...but I get it, it's a price thing, or so they say
  4) Camera Quality/No rear facing camera - Again, price...but why so cheap on the front-facing camera?

Really, the only question that should be asked is: Should I buy one? Yes, but let me break it down.

Buy if:

  1) You have a limited budget and the $400 iPad 2 or the $500 "new iPad" is too much to stomach for a tablet
  2) You want the "Real Deal Holyfield" Android experience
  3) You're a huge geek like me and you "trust your technolust"
  4) Have paid out a lot to the Android Market (hint - I haven't...yet)

Don't buy if:

  1) You have an iPad - Apple does have a solid product in the iPad and I am hard pressed to completely call the Nexus 7 and iPad replacement/killer.
  2) You need a bigger form factor - The adjustment to the 7 inch form factor might be jarring and a deal breaker
  3) You've paid out a ton of money to the Apple AppStore, Windows Marketplace or Blackberry AppWhatever - Google does however include a $25 Play Store credit with the purchase of a Nexus 7, so this somewhat reduces the what I call "App barrier to adoption" (a wink and a nod to Jeremy)
  4) You need a tablet with cellular connectivity - You're out of luck here, but I use this app to tether to my phone. Bleep you AT&T.
  5) You are any kind of fanboy to plaforms that aren't Android - You never have and never will use Android...so you're a sucker for reading this far :-P

Of Rich Assholes and Rich Good Guys

Let me say right off the bat that this isn't a 'hating' entry..well kinda but not really (when are my blog posts not filled with some measure of criticism?).

There has been a ton of news these days concerning executive pay, class warfare, the 99%, etc. If I was a betting man I would say that this is more so because there is a fair amount of change going on in the tech world and it's an election year... I will also make the disclaimer that my perspective is that of a 32 year old, left-center leaning male that works in the tech industry. That being said let the bias begin!

Marissa Mayer just signed a pretty sweet deal with Yahoo, and I discussed my reservations about her lack of concern about her health/well being of her child in a previous blog post (shameless self-promotion I know). I'm sure that the deal was very much tilted in Marissa's favor because let's face it...Yahoo sucks (I can't remember the last time I visited the site...maybe on accident a few years ago). Still, the scope of the deal has me considering contrary examples of CEO generosity, my attitude about CEO pay in general, examples of good/bad CEOs. equality in general.

Let's start with the bad shall we?

I read the biography of Steve Jobs a couple months ago, and in a word he was a flaming asshole. Here are some rationalizations for that thought:
1)  Abandons daughter but names computer after her - what a prick (especially now that I have a daughter)
2)  Is a horrible boss - locks early employee out of stock, takes credit for everything, as a raging asshole
3)  Ignores the advice of doctors to get cancer surgery - because he's smarter than health professionals
4)  Knew about labor issues with his suppliers - Only until recently has this started to get traction
5)  iPhone 4 has reception issues - You're using it wrong...stupid asshole customer
6)  Contributes $0.00 to charitable pursuits - I'm gonna leave this little gem right here:

Now for the good news:

1) I read a great article about a certain CEO of Lenovo giving his bonus to his junior employees...this warms my heart just enough to remember that there still is decent leadership out there.
2) This is an oldie but a goodie - Japan Airlines CEO cutting his pay, taking the bus and eating in the cafeteria with his fellow employees - nothing says 'I'm with you' like really being with your fellow workers...unlike Howard Schultz who bought a new jet while simultaneously laying off some people....nothing says screw you like buying a new jet to take your family to Hawai'i after handing out pink slips (and the whole Sonics thing).
3) I don't think that I have ever read anything bad about the CEO of Valve, Gabe (awesome name) Newell - From paying a sick employee to get better (got better and made Portal 2), not really being anyone's boss and being a good guy in general. 

Equality in general - I get the feeling that the financial game in this world is becoming increasingly rigged to favor those that are doing the rigging: The Libor Scandal, Politicians pushing for less oversight/regulation/shooting down a competent consumer watchdog, ever increasing CEO pay, and an increasing GINI coefficient in this country. You know that the US in trouble when our GINI coefficient (measure of income equality) is higher (and growing faster) than mother f'ing Laos.

What to do about these problems?

Maybe we need a political system that is more about coming together to solve the massive problems that are much larger than any on country, political ideology or individual: drought, financial crises, population explosion, climate change, drug resistant pathogens and water shortages. I would also argue that we need more compassionate and pragmatic leadership (like Gabe (again, love the name) Newell and Charles Schumer) and less idolizing world class pricks like Jobs and the Jersey Shore.

Stranger in a Strange Land

Ok, I might get into some hot water with a few readers about this post...but the point of this blog is to, if nothing else - start a damn conversation (and cherry pick easy targets) about what's going on in our messed up world.

I must say first and foremost that I want to congratulate Marissa Mayer for taking over the helm of Yahoo. It's a big step up for her (well, I would say that leaving Google for Yahoo is like leaving geek paradise of awesomeness to work at...well a failed company) and I wish her all the best. She is a very accomplished and powerful woman in an industry that has traditionally (like most traditions, a change is good for the world) male dominated.

This role is also a safe bet for her, as if she fails then nobody will blame her, because let's face it...Yahoo is having issues (multiple CEOs in the span of less than a decade, flatlining revenue/profits and a dwindling user base and a search deal with MSFT). On the other hand, if she succeeds and turns Yahoo around then she gets to bask in the glory of the press and take a swim in a pool filled with cash/stock. Yahoo is also sending the message to the world that they have no concerns at all about hiring a pregnant woman  for a very high powered role - this is a first (at least as far as I am aware of ).

Ok, now it's time to cleanse the horrible taste of being positive with the mouth wash of withering criticism. :-)

1) Why the hell would anyone in their right mind leave a company that is on the forefront of technology for one that is in the dregs? The offer had to have been pretty sweet in terms of cash/stock and the prestige of being CEO...but as I said earlier, a CEO of circling the drain. It would be like moving from moving from being 5th in command of the USS Missouri to taking the captain's chair of the Titanic.

What would you choose?

Or

2) She's only going to take two weeks of maternity leave, but will work through it. This creates several problems that I can see:
    a) She's going to miss out on one of the most amazing times in her parental life - this sends a message to the child that he/she comes second to being the CEO of a D List tech company. I can't imagine a worse message to send to one of the most precious people in the life of a parent (call me an asshole, but I said it).

    b) It sets the precedent that women (even though the have the legal right to take leave) in the work force might be expected to do the same. Not everyone is a Type A personality/workaholic that Marissa Mayer might be, and this has very wide ranging socioeconomic implications for everyone in the US. Thanks for setting the bar so high for everyone else that we're all now setup for failure...thanks for nothing jerk face.

3) Could Yahoo be setting her up for failure? Yahoo stock and revenue can charitably described as being in a garbage can and there is no tangible evidence to suggest that a turnaround is inevitable...even with the hiring of Marissa Mayer. I would think that it would be very callous/evil to setup a person of Marissa's caliber for failure...but I wouldn't put it past corporate America.

Alright my dear readers, fire away with your comments/hate mail.

Credit to the Despair for to encapsulating this blog post with one image:

http://www.despair.com/sacrifice1.html

The customer service equation

Everyone consumes things/services, and has to deal with a wide range of customer service...ranging from the absurdly rude and disdainful, apathetic, half-assed and finally - the kind that gets my repeat business. * I must make one caveat - If you go to a Chinese restaurant and you get horrible customer service (at least in my limited experience), the food is usually pretty good...and conversely if the customer service is great...expect to go home grumbling. 

As I have gotten older and recently had a child, I have put more of a premium on my free time...for things like being with my family and friends, doing fun things and sleeping (my fellow parents know what I'm talking about). The last thing I want to do is have to spend one of those precious free moments dealing with some jackass customer service rep with a bad attitude, because whatever I purchased is broken, defective or otherwise not what I thought I was going to get (looking at you AT&T, Comcast).

I also know what it's like to be ion the flip side of the coin, and that good/responsive/competent customer service can win back lost customers - a shout out to my former employers at Silicon Mechanics for teaching me this valuable lesson.

Therefore, I have devised the the following formula: What my(your) time is worth divided by the time and energy dealing with customer service = the premium I will pay to vendors with known good customer service.

On my "sunshine and happiness" list:

Amazon - I have never had a bad experience with their customer service (web chat customer help is awesome if you work on a computer all day). They are fast, timely and will bend over backwards to make me happy - they have definitely earned my loyalty and hearty recommendation to anyone...friend or foe.

Able Planet - I purchased a pair of their noise canceling headphones that had a minor malfunction (the ear cup separated from the headphones). Their friendly and knowledgeable customer service people quickly created an RMA for me, I sent it in and a few days later I had a brand spanking new pair.

Costco - Also known as the 'rent a tv for Superbowl Sunday' warehouse...but they really are good with customers.

On my "burn in hell" list:

AT&T - I don't think I have ever had worse experience dealing with anyone than with this bunch...I wouldn't wish them on Bashar al-Assad..did I mention that they funnel all your traffic through the NSA?

Comcast - Nickle and Diming sons a bitches - I'm glad that I'm now stiffing you the $70/month I was paying you before I got my Boxee.

Most airlines in the US - often late, have horrible leg room, lose your critical baggage and make you deal with those aholes at the TSA every time you use them (although to be fair, they are only guilty by association here) - One notable exception that I have found is Alaska Airlines, but its really like winning a gold medal if your competitors are fanting goats.

To wrap up - If treat the customer with respect, empathy, promptly and have half a brain they will keep coming back...even if you mark up a bit compared to your competitors.

Review - Boxee Box

I'll keep this one short and sweet - the reason I purchased a Boxee and Boxee Live TV was to help free us of the shackles of a $150+ Comcast (aholes - will save this for another post) bill. One my ask - Gabe, what in the hell is a Boxee? To which I would reply - an Apple TV that isn't crippled...and for the reading impaired:

While it may not have the 'hockey puck' aesthetic panache of the Apple TV, or the "simple" remote (read for idiots), or walled garden content limitations...the Boxee has it's charms and has won over my cold shriveled heart of cynicism.

One might argue - Gabe, you're just pimping this product because you're out $160 plus the $50 for the Boxee Live TV dongle and you're trying to justify the cost to your pathetically limited number of blog followers (do I have your attention now?)

To which I would reply - That certainly may be the case (I'm looking at you, my lovely wife), but I would then point you, my dear reader to following review (finally, the jerk is done blabbering):

Executive summary (all you supine folks out there can read this and then skip to the summary):  The Boxee Box and Boxee Live TV is a robust, feature complete, easy to use media device that has enough content offerings/access to satisfy all the cord cutters (and potential ones) out there who want to free themselves from the bondage of Cable TV without the walled garden approach taken by Apple. It offers access to a wide variety of pay-for-play as well as subscription based content sources and presents them in a friendly and intuitive user interface that is controlled by an nimble yet simple remote.

The Good:

- The user interface is simple, clean and responsive

- The remote is simple, yet flexible enough for more demanding users. It has one touch navigation on the front and a full(ish) keyboard on the back.
- It has a web browser with flash...'nuff said
- It allows access to local media sources (even items purchased in iTunes - Gasp!)
- It has a wide variety of apps that you can download and install
- If you are technically inclined there are a ton of mods to suit any geek's need
- It has access to basic cable via the Boxee Live TV (this is a game changer) - pair this with a SimpleTV (DVR for the Boxee) and it's even better

The Bad

- The audio (if not connected to an amp/sound system) can be very soft and then obnoxiously loud without warning
- The Boxee can become unresponsive if it's been asleep for too long, or is trying to chug through a very large local media file (read blu-ray rip)
- Software updates - I have owned it for several months and have yet to see a software update...this could cause concern about the future of the device
- Remote can be confusing for some and has a moderate learning curve

Why should I buy a Boxee?

- If you are a casual TV watcher - Ditch the cable tv and get the Boxee + Boxee Live TV  and you'll probably save yourself $20-50 a month (depending on cable package)
- If you have a ton of local content on say a NAS, SAN or home theater PC.
- It offers more content access than an Apple TV, Roku, et al... - this is of course unscientific but I am right
- It has a damn web browser with Flash (the web is going HTML 5 so this is moot in a year...but I digress)
- Because I said so

To wrap up - The Boxee Box and Boxee Live TV combine to make a great media device that is flexible (looking at you Apple), nimble and offers a small fighting chance of making cable tv providers think long and hard about lowering their prices and offering better content  as the threat of cable cutters looms large on the horizon with the emergence of a tech savvy, cost conscious, impatient and increasingly mobile oriented generation.

One last thing - Bleep you Comcast, and that's from the heart.

Burn patent trolls, burn!

Open up any news related site and the odds of reading about another frivolous ass lawsuit are about the same as looking outside and spotting several idiots (especially if you're near a Best Buy). This is a common in regards to insanely stupid civil affairs at is with the technology sector.

Let's be brutally honest though, the only reason why this crap happens is only because the legal infrastructure in this country is hopelessly (and I hope not on purpose) out of touch and out of date. The USPTO is about as sophisticated and up to speed with the pace of technological advancement as the Amish are with the latest developments in transportation. In the end, we only have ourselves to blame here, because the USPTO and the legal infrastructure are a reflection of us. By this I mean the consumers that purchase goods/services, our elected officials that write the legislation, the court system that upholds or strikes down said legislation, the media that informs the citizenry and the corporations that abide by the legislation and media scrutiny.

The problems with the system (if one can call it that) are staggering in scope and complexity, so for the sake of brevity let's focus on a few things:

1) The USPTO Does not have the bandwidth or expertise to evaluate the flood of soft/hardware patent applications.
2) Cost of Patent Trolls on the US Economy - $29 Billion dollars and growing
3) Excessive patent suits stifle innovation - see reason #2

Poor, Poor USPTO

For a little perspective on the sheer number of patent applications that come into the USPTO, the total number of Domestic/Foreign applications for patents has grown from 164,306 in 1991 to 503,582 in 2011 or roughly a tripling of applications in 20 years.

To make matters worse, the rapid pace of technological advancement also dramatically adds to the complex nature of the patents that the poor USPTO employees have to evaluate and approve or deny.

The backlog in the patent approval process typically has a larger impact on smaller firms: if a small start-up can't get a patent to protect their intellectual property in a timely fashion, a larger company came come along and use said IP and make a killing due to the fact that it hasn't had to invest in R&D and can use economies of scale to profit at a greater pace than said start-up. 

To sum up, the USPTO is being outgunned by the volume/complexity of the patent applications that are submitted...if we are going to start anywhere in addressing this problem, we need to give the front line troops in this war some bigger guns and not set them up to get crushed.

Here's what I think the USPTO needs (figuratively):

Die Trolls Die!

Personally I think patent trolls are a leach on society and the owners of said companies should be shunned and exiled to the deserts of Australia. Now that I've regained my composure somewhat, let's talk about patent trolls in a well, more subdued fashion.

In short a patent troll is a company that in it's first definition is a company that aggressively enforces it's patents through the legal system...but has evolved (need proof of evolution? see the behavior of patent trolls) into an entity that stockpiles patents for defensive and offensive purposes. Lately, and more insidiously they have exhibited the following behaviors: suing to ban/halt the sale of a particular product (Apple, you bastards...the Galaxy Tab looks nothing like the iPad), purchasing patents from bankrupt (in the process of becoming bankrupt - looking at you RIM/Kodak) companies to stockpile for defensive and offensive purposes, and this is the real soul crusher - following start-ups, waiting for them to get VC funding and then pursuing legal action...like I said, real AHOLES.

It has been estimated that patent troll companies are causing a $29 Billion dollars in damage to the US economy alone. To put that in perspective: that is more than the total GDP of Jordan/Bahrain, would pay for 193 F-25 Raptor fight jets, or pay for a couples schools...but you get the picture.

Stop twisting the knife!

Aside from the monetary damages that are afflicted on the economy by our broken patent system (if you can call it a system), there are many intangibles: damage done to corporate reputation by banning a product due to lawsuit, the MADesque stockpiling of patents, bankrupting of companies due to exorbitantly large judgments (especially for small/mid-size companies), taxes on existing products due to threat of lawsuit (Microsoft and the Android license extortion), and the list goes on and on ad infinitum.

In the end, all of these things have two end results: 1) The cost of litigation is passed on to the consumer via higher prices for products/services, and innovation is choked. So in a few words: big boys win, small guys get screwed.

So, what can we do to solve the problems with the current patent situation?

1) Nilay Patel (from The Verge)and to some extent Paul Graham (YCombinator) argue that we should allow inventors to charge whatever they want for a limited time, and then set a compulsory rate after a certain period of time.
2) Give the USPTO more resources: a larger and better educated workforce to sift through the dross and approve the legitimate
3) Appoint more tech savvy judges to the bench (see Judge Posner - you're my new hero) to again, sift through the dross and allow the legitimate

Ok, I'm done - peace out.

Credit where credit is due:

http://www.uspto.gov/web/offices/ac/ido/oeip/taf/us_stat.htm - Patent Statistics
https://www.cia.gov/library/publications/the-world-factbook/fields/2195.html - GDP Statistics
http://online.wsj.com/article/SB10001424052702303292204577514782932390996.html# - Troll Tactics
http://www.journalgazette.net/article/20120709/BIZ07/307099933/1031/BIZ - USPTO backlog
http://sacramento.cbslocal.com/2012/07/02/california-to-get-patent-office-to-help-with-federal-backlog/
http://www.cbsnews.com/2100-18563_162-6755116.html - USPTO backlog
http://www.electronista.com/articles/12/07/05/judge.tossed.apple.patent.case.against.motorola/ - Jude Posner
http://www.paulgraham.com/softwarepatents.html
http://www.theverge.com/2011/08/11/broken-patent-system/

Think your phone/service is awesome? Nope

If you're feeling good about rocking the new Galaxy S III, iPhone 4s, Blackberry nobody cares or Windows bladdy bladdy blah....you might want to sit down and reach for the nearest box of Kleenex, because I'm about to make your cry a river of sadness because you spent $200 on shit.

I present to you the Softbank 102SH and the Aquos Phone Zeta - Highlights of both include: Dust/water proofing, mobile wallet (pay for anything/anywhere - want to buy a beer from a vending machine with your phone? no problem!), Mobile HDTV, control other gadgets with an IR controller and do global roaming with GSM, CDMA and get speeds up to 75 Mbps down. If that's not enough to send you into a rage spiral, how would you like to get 110 Mbps down and 10 Mbps up? With the Huawei 102HW Ultra WiFi hotspot you can :-)

I bet that if you went to Japan, bragged about your awesome new AT&T wtf ever phone...any typical Japanese would pat you on the head like a retard and say "well isn't that cute"?

So...now that you've read this are you feeling like running down to your local carrier of your choice and go postal on their asses for charging you out the wazoo for a stone age phone/service? Here are your two options:

or my personal preference 

My First Review - Samsung Galaxy S II Skyrocket

If I was forced to describe the Samsung Galaxy S II Skyrocket in one word, it would be - competent. The design isn't anything to write home about, but it gets the job done and it isn't terribly flashy or pretentious. 

I will be focusing this review on 4 main areas of interest: Look and Feel, Hardware, Software and Why would anyone buy this phone?

Look and Feel 

1) Build Quality - In a word, this phone feels solid. It feels comfortable in my hand (I don't have bear claws, but neither do I have petite hands), and is easily worked with one hand for simple tasks. It feels less fragile than it's older brother, the original Samsung Galaxy S II (I constantly felt like I was going to break that one). 

2) Form Factor - I enjoy that fact that the form factor is larger than an iPhone but smaller than the comically gigantic Samsung Galaxy Note, it strikes a good balance between the two. When I help my wife or mother-in-law with an issue on their iPhones, I feel cramped and hampered by the smaller size. I have tried out a Samsung Galaxy Note in an AT&T store...and let's just say it's plain silly big.

3) Screen - Samsung has done a great job with their Super AMOLED Plus displays, and the Skyrocket is no exception. While it doesn't have the crispness of the iPhone Retina Display, it looks and feels comfortable on the eyes and won't strain the eyes too much during a full day's use.

Hardware

1) Construction - The body is made of plastic, but it doesn't feel like it's put together with legos (unlike the original Motorola Atrix that I had before this). It doesn't hold a candle to the solid/metal construction of the iPhone 4/4s or the unibody build of the new HTC One X, but it's a happy medium between cheap and high end.

2) Camera/Camcorder - It takes decent pictures, but it's slow to take a picture and quite often they turn out blurry. This is one of the weakest points from a hardware perspective, and I have only used the front-facing camera few times for Skype calls...and I didn't hear any complaints from the other end of the line.

3) Horsepower - Under the hood is a Qualcomm APQ8060 S3 processor, which for the most part makes for an enjoyable Android experience with smooth App performance and navigation around Android (much better in Android 4.0.4 than it was when I started out with Android 2.3.6, but that's for later).

4) Network Performance - I'm AT&T, and I originally bought this phone in the anticipation that LTE would be available in the Seattle area...but cut to 6 months later and my dream of 15+ mpbs up and 2-3 mpbs is a dream unfulfilled. Other than having my hopes dashed by a lack of LTE in Seattle, the HSPA+ (I refuse to say 4G) is passable (when I'm not being throttled by AT&T for going over my data limit..even though I'm on an unlimited data plan...I'll save that for another post)...but it can't hold a candle to Verizon LTE.
5) Call Quality - No complaints from myself or people on the other side of the conversation and I don't believe that I've ever had a dropped call that wasn't the fault of a dead zone. 


Software - where things get tricky

1)  Android - Until I downloaded and installed a series of 'leaked' Android 4 (Ice Cream Sandwich - ICS) ROMs for my phone, well my experience was downright crap. My battery would last maybe 4 hours on a full charge with moderate use, the OS would lock up, apps would crash very often and I wouldn't get email notifications (a slightly important part of my job). AT&T customer support was at best inept and at worse downright hostile to my requests for help (see my post Know your Enemy), so I got fed up and helped myself. It only took a quick Google search to find a couple leaked ICS ROMs and I was off to the races. The first leaked build had a couple bugs (couldn't receive incoming calls), but 2 ROMs later... everything was butter. In a future post, I will discuss Android fragmentation and the abominable things that the US cell phone carriers and manufacturers do harm the overall Android experience.
2) Apps - Applications for Android are a mixed bag, for the most part the selection is pretty decent, but let's face it...iOS rules the roost when it comes to quality/quantity of apps. To make matters worse, a side-by-side comparison of the same app on an Android/iPhone will make it very plain that apps on iOS simple look and perform better. That being said, I am sufficiently happy with the selection/quality of apps, and I typically only use a core set of 10-15 apps to get the job done on a day to day basis.

Why would anyone buy this phone?


When I bought this phone 6 months ago, it was the king of the block - it was one of the first phones to bring LTE to the AT&T party, it has a decently fast dual-core proc, decent amount of RAM, a nice display and was easy on the eyes/hands. It's still a pretty decent phone and if you can find the right custom ROM (cyanogenmod et al), it's makes getting into this phone a lot easier. The going rate for this phone is $99, so if you're looking for a solid, well designed phone for half the price of current iteration Android phones on AT&T then I would be hard pressed to recommend anything else that's on the market. To sum up, I would give this phone a well deserved 'probably buy' recommendation now, but 6 months ago I was saying this:

Know Your Enemy

Cell phone carriers are shit. That's right, I said it and I make no bones about it.

They offer horrible customer service (tons of experience with that), force cell phone manufacturers to build the phones that they want, install bloatware/spyware on the phones they sell, continually raise rates/change data plans to suit their needs and continually fight for no oversight of our precious public spectrum.

1) Horrible customer service - I have AT&T (I know, I know) and I don't know if I can say enough horrible things about the level of customer service that I have received when calling into get an issue resolved. I can point to any number of surveys that, depending on the how the stars align will point to one of the bigServi 4 carriers being the best or worst.

2) Services Rendered/Cost balance tipping towards cost - Carriers are increasingly trying to nickle and dime users (most noticeably smartphone users - has anyone seen a cell phone ad that isn't for a smartphone?) using a variety of mechanisms: charging for texting (the cost per data usage for an MMS is obscene, much like the price of ink toner/liter), taking away unlimited data plans, throttling unlimited data plans, pushing horrible family data plans.

3) Force cell phone manufacturers to build the phones that they want - I get it, you own the network, you get to decide what goes on it. This forces manufacturers to cater to the carrier, which limits design/function/capabilities and in essence let's them pick the winners and losers in the handset arena. All of this stifles innovation and is very anti-free market (which 'Merica is seemingly obsessed with).


4) Installation of bloatware/spyware - Everyone who has owned a smartphone (that isn't an iPhone) will noticed pre-installed apps on their phones that come courtesy of their carrier, usually it pushes a carrier based product/service. They also install software like CarrierIQ (see link below) or something similar. The carriers will claim that said software is installed for "diagnostic" purposes to improve their network and phones...tin foil hat types like myself and others cry SPYWARE (gov't back door). I'm not sure about you, but I don't want any of this crap a phone that I use for business and more importantly personal use. 


5) Continually fight for no oversight in regards to their usage of public spectrum - Pretty much says it all...you have a limited resource and the companies that own (lease from the government) continually fight tooth and nail to make sure that the public has no clue as to how it is being managed. Result: Phones that aren't cross-compatible across carriers and spectrum hoarding which only drives up the costs for the end user.


Ok, so now that I've outlined a few of the things that are wrong with the cellular industry in America, how can I as a conscious consumer help fix things?


1) Don't buy into a contract, go pre-paid or month to month - This will help take away the leverage that carriers have over handset manufacturers and will allow you the consumer to hop from carrier to carrier with ease if you don't like their service


2) Buy an unlocked phone - (Directly from Apple/Samsung/Google/etc) Subsidies (the reason why you only pay $200 or so for a smartphone in exchange for a 2 year contract) stifle innovation in the handset market, so don't buy into it. Sure, you'll pay the full price for a smartphone, but you'll sleep soundly at night knowing that you're supporting the handset maker directly, and helping to fund the R&D that makes for better products. For those security minded folks, you'll also be happy to know that an unlocked phone will not have the carrier bloat/spyware...and in the case of buying directly from Apple/Google you'll know there isn't any handset maker BS software on your phone either


3) Write your elected officials/EFF/ACLU (other like minded organizations) to protest the use of CarrierIQ and other similar spyware applications on smartphones...while you're at it urge them to support transparent and firm oversight of the public spectrum that we all use and cherish.

Phew - Quite the lecture but the reason that prices are so high and service is so shitty in America is that the big 4 carriers have a death grip on the market and the lawmakers that supposedly oversee them. So let's get out there and kick some carrier ass!

Unlocked phones:
http://www.amazon.com/s?ie=UTF8&keywords=iPhone%20unlocked&rh=n%3A2335752011%2Ck%3AiPhone%20unlocked&page=1
http://www.google.com/nexus/#/galaxy
http://store.apple.com/us/browse/home/shop_iphone/family/iphone/iphone4/about_unlocked
Month to month/pre-paid cell phone glans - just google it

Where I get all my crazy ideas from:

http://www.theverge.com/2012/7/5/3138711/five-years-after-the-iphone-carriers-are-the-biggest-threat-to-innovation-editorial
http://www.engadget.com/2012/05/04/atandt-ceo-voices-regret-over-iphone-unlimited-data-model/
http://www.engadget.com/2007/02/21/professor-singles-out-mobile-carriers-for-stifling-cellphone-inn/
http://www.foxbusiness.com/technology/2012/05/22/are-carrier-subsidies-hurting-innovation-and-driving-up-mobile-phone-costs/
http://www.gottabemobile.com/2011/07/08/why-i-wont-sign-another-cell-phone-contract/
http://www.forbes.com/sites/andygreenberg/2011/11/30/phone-rootkit-carrier-iq-may-have-violated-wiretap-law-in-millions-of-cases/
http://gthing.net/the-true-price-of-sms-messages/

If Dr. Strangelove and Bill Cosby had a love child

I was writing about RIM earlier, but Apple seems to always pop up in my posts...so I was thinking about a quote by Steve Jobs: “I’m going to destroy Android, because it’s a stolen product. I’m willing to go thermonuclear war on this.”

Two things strike me as derpy about this statement:

1) It's a stolen product - That's silly, and I'm gonna go biblical on it! Ecclesiastes 1:9: "What has been will be again, what has been done will be done again; there is nothing new under the sun." I'm gonna leave this right here: http://www.allremix.ru/ ; Also, Jobs is famous for stating that the GUI for the original Apple was stolen from Xerox (see link below).

2) Going thermonuclear war on this - That's just anger talking...haven't we learned from "War Games" that the only way to win the game is to not play? Or if you're gonna be stupid and do that, at least use a neutron bomb so at least the infrastructure is still around and usable...sheesh! Or maybe a better option would be to go all "There will be blood" on Android's ass and just drink it's milkshake?

Maybe we should all just agree that progress is a logical progress of taking new ideas and incorporating new elements into them...or just simply nani gigantum humeris insidentes.

To sum up in pictures:

 

plus

Equals an angry

and for giggles

http://9to5mac.com/2011/10/20/steve-jobs-im-going-to-destroy-android-because-its-a-stolen-product-im-willing-to-go-thermonuclear-war-on-this/

http://en.wikipedia.org/wiki/History_of_the_graphical_user_interface

http://www.youtube.com/watch?v=CW0DUg63lqU

When there is blood on the streets

If Baron Rothschild were alive right now, he would be grinning from ear to ear...and the subject of his glee would be RIM.

I would launch into a Microsoft diatribe, but quite frankly I don't have the time or energy right now, so I am going to cherry pick the easiest target of the day. The situation is grim: A peak stock price of $144.56 in 2008 to a miserly $7.69 as of this writing, declining revenues and profits/income, smartphone market share plummeting from 20% in 2009 to a tad bit over 10% as of today, carriers bugging RIM to cut fees for services, and forcing their employees to cut vacations/work 6 day work weeks.

Here is a greatest hits of RIM missteps:

1) Focus on corporate users and ignore the average consumer - sure, corporate purchases is still where the money is at (for the PC market...ahem). In an era of BYOD (bring your own device), the average worker is going to most likely bring in an iPhone...and corporate IT departments are warming to the idea.

2) QWERTY keyboard - I know, I know that I'm gonna get a lot of flack for saying this...but this is for old people who don't want to acknowledge what's going on. I'll take a full touch screen and Swiftkey keyboard any day of the week (I have used a Motorola Q)...I have fat fingered on a QWERTY keyboard just as much as I have with a full touch screen. 

3) Ignoring the iPhone to it's peril - RIM CEO Jim Balsillie: “The iPhone’s impact on our business will be minimal.” I know this is Monday morning football coaching, but this smacks of the arrogance and complacency of RIM's mindset

4) The Blackberry Storm - A half ass attempt to bring a touch screen to market, turned out to be a flop and indicative of how RIM tried and failed to emulate any smartphone with a full touch screen. 

5) Co-CEO leadership - to quote Ron Swanson of Parks and Recreation: "Never half-ass two things. Full ass one thing". 'Nuff said

6) The Blackberry Playbook - See #4 and 5. They released it knowing that many of it's features were broken and half baked, but figured that their user base would accept it while they spit out updates to fix the issues...turns out RIM was wrong with this assumption. 

7) Horrific App store - Apple is the only one who has pulled it off 

8) They aren't a computer company, and smartphones aren't phones, they're computers - A brilliant dissection by daringfireball (see link below).

The new CEO claims that they aren't in a "death spiral", to which I would say fine...you still have a very large install base, decent income for your services, and you still have larger market share than Microsoft and Bada...but and that's a big but... Microsoft and Bada are kind of a joke right now in terms of the mobile space. 

I think the only relevant questions right now are: Who is going to buy RIM, for how much, and when? My guess is that it will be Microsoft, $7 Billion and maybe after 2012 Q4 earnings are released.

I'll finish with a quote by Nietzsche:  "...if you gaze into the abyss, the abyss gazes also into you."

Links/Credit:

http://daringfireball.net/2012/07/iphone_disruption_five_years_in

http://www.ubergizmo.com/2012/07/rim-ceo-says-company-isnt-death-spiral/

http://www.ubergizmo.com/2012/07/rim-cut-carrier-fees/

http://www.ottawacitizen.com/Business/orders+Ottawa+staff/6867268/story.html

http://static5.businessinsider.com/image/4ec2c5a6eab8ea105200001b/chart-of-the-day-android-share-of-smartphone-operating-system-market-nov-14-2011.jpg

http://finance.yahoo.com/q/is?s=RIMM&annual