Friday, January 18, 2013

Lands' End, software vendor at contract impasse after 20-year relationship


Lands' End is at legal loggerheads with its longtime payroll software vendor over how much longer the clothier can lawfully use the application, with US$1 million in potential fees hanging in the balance.
Lands' End signed a 20-year contract with Genesys Software Systems in January 1993, but the software didn't go live until Oct. 28 of that year, according to its complaint filed this week in U.S. District Court for the Western District of Wisconsin. Genesys was acquired by PeopleStrategy in 2010.
Now Lands' End is moving to another software vendor, and in August "reached out to Genesys to attempt to clarify and, if necessary, extend the license to cover the expected transition period."
Early discussions were "productive" but Genesys later broke off talks, according to the complaint. On Jan. 9, the two companies held a conference call during which Genesys officials said that Lands' End's license would be terminated on Jan. 19.
In addition, "reneging on previous offers, informed Lands' End that it only would extend the license if Lands' End paid Genesys approximately $1 million," according to the complaint.
That was apparently because Genesys' licensing policy had changed sometime during the companies' 20-year relationship.
"We no longer offer term licenses, but our perpetual license is currently priced at $999,950," wrote Colin Macdonald, director of finance at PeopleStrategy, in an email to Lands' End dated Jan. 9. Lands' End included the email in its court filing.
Genesys attorneys sent Lands' End a letter on Jan. 14, demanding that it uninstall the software and "send written certification of these activities" by the end of Jan. 19, the complaint adds. Genesys also "threatened to seek a temporary restraining order and all fees in connection with such action if Lands' End does not comply with these demands."
Lands' End, however, is maintaining that it has the right to keep using Genesys' software until Oct. 28 of this year, which would be 20 years after the go-live date, not the effective date of the agreement. "The License Agreement provides for twenty years of 'use' of the Genesys Software," the complaint states.
"For Lands' End to prematurely cease using the Genesys software and to expedite its transition to a new software vendor would cause Lands' End considerable and unnecessary damage and expense," it adds. Lands' End is asking the court for a declaratory judgment stating that it has the right to continue using the software and that the license term doesn't expire until Oct. 28.
PeopleStrategy didn't immediately respond to a request for comment Friday. As of Friday, it had not filed a response to Lands' End's complaint.
"I would love to hear the story from the Genesys side," said analyst Frank Scavo, president of the consulting firm Strativa. "Unless there are mitigating factors not mentioned in this lawsuit, it would appear that Genesys has a gun pointed to the head of Lands' End. If this was standard language in Genesys' contract 20 years ago, I have to wonder if other customers have run up against this problem and how they have resolved it."
Whatever the outcome of the case, there's a lesson to be learned for all software customers, according to Scavo.
"Twenty years may seem like a long time when you are signing a software agreement, but when you are signing a software agreement, you need to assume you will reach the end of any license period," he said.
"I would advise buyers to negotiate a perpetual license agreement whenever possible," Scavo added. "I would advise buyers to avoid limited term licenses to avoid situations like the one that Lands' End now appears to be in. If the vendor insists on a limited license period, buyers should at least negotiate the terms of extending the license agreement beyond the termination period."
Chris Kanaracus covers enterprise software and general technology breaking news for The IDG News Service. Chris' email address is Chris_Kanaracus@idg.com

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CA upgrades workload automation software


CA Technologies has released the latest update to its Workload Automation software (WLA) featuring more powerful analytics tools, a streamlined user interface and expanded functionality for managing business processes throughout the enterprise.
CA competes with IBM, BMC and others on workload automation. The newest release expands support for SQL Server and has enhancements to the variety of job types that can be managed with the system. New reporting capabilities allow IT managers to centrally track business processes, too.
"WLA is one of our largest product lines because of its ability to orchestrate business services in production environments to deliver value across the spectrum of IT services," says Mark Combs, distinguished senior vice president for CA's mainframe business.
Torsten Volk, a senior analyst at Enterprise Management Associates, says CA, as well as other competitors, are increasingly attempting to expand workload automation to be more tightly integrated with business requirements. The hope is to create systems management solutions that can automate and orchestrate entire business processes. Workload automation tools integrate with other enterprise software, such resource planning (ERP), customer relationship management (CRM) and content management systems (CMS). "Workload automation ties all of those things together to ensure they all deliver the right information to the right place at the right time," Volk explains.
Take an example such as a supermarket chain: A cash register system may be connected to an inventory management system, which would be connected to a product ordering system to ensure the shelves are appropriately stocked.
As organizations continue to look to cloud computing models, this process becomes more complex, and the business process awareness of tools such as CA's WLA becomes essential. "Automation and orchestration is the backbone of cloud," Volk says.
CA has competition in the WLA market, though. Volk says IT shops that have existing relations with CA are most likely to stick with CA, and the company has made that easy to do. Graceful upgrades allow IT managers to pick and choose which portions of the WLA package are upgraded at any given time, so previous versions of WLA will work with the new one.
In addition to the SQL Server compatibility, the newest release also includes other new features such as a remote execution agent, which allows up to six remote systems to be handled under a single license. Improvements were also made to further support Oracle and PeopleSoft.
Network World staff writer Brandon Butler covers cloud computing and social collaboration. He can be reached at BButler@nww.com and found on Twitter at @BButlerNWW.
Read more about software in Network World's Software section.

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Violin Memory buys Gridiron for fast flash storage access


Flash storage vendor Violin Memory has acquired Gridiron Systems for an undisclosed sum and plans to use the company's application acceleration smarts with its flash arrays.
Gridiron's operations units have already been integrated into Violin. The two companies are set to formally announce the deal on Monday. Both companies are privately held.
Gridiron sells an appliance that slots in between an enterprise's storage and servers and speeds up access to data in existing storage arrays. It uses flash, memory, software and proprietary hardware and can make databases and applications run 10 times faster, according to Gridiron's website.
Violin plans to use Gridiron's algorithms, which learn about I/O traffic patterns and cache the active dataset of an application, in its flash storage arrays. Gridiron's technology is well-suited to online transaction processing, data warehouses, virtualization and big-data analytics, according to Violin.
Violin also plans to continue selling Gridiron's appliances, eventually making merged products, said Ashish Gupta, Violin's director of product marketing.
Gridiron is based in Sunnyvale, California, while Violin is located in nearby Mountain View.
Stephen Lawson covers mobile, storage and networking technologies for The IDG News Service. Follow Stephen on Twitter at @sdlawsonmedia. Stephen's e-mail address is stephen_lawson@idg.com

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Jobs' house burglar gets seven-year sentence


The man who broke into the Palo Alto, California, home of late Apple CEO Steve Jobs and stole laptops, iPads and other possessions has been sentenced to seven years in a California state prison.
Kariem McFarlin, 35, was arrested in August last year by officers from the Rapid Enforcement Allied Computer Team, a Silicon Valley-based high-tech crime unit formed by local, state and federal law enforcement agencies.
REACT officers found McFarlin with help from Apple security, which tracked where the stolen devices were being used by matching their serial numbers with connections to Apple iTunes servers. The IP address in use matched a line in McFarlin's apartment in nearby Alameda that was also being used by an Apple device registered to a member of his family, according to a police report.
The burglary happened between the evening of July 16 and morning of July 17 last year while renovation work was being carried out on the Jobs house, which is now occupied by Jobs' wife.
McFarlin jumped over a construction fence and entered the house through its garage. Once inside, he stole two iMacs, three iPads, three iPods, one Apple TV box, a diamond necklace and earrings, and several other items.
McFarlin admitted to the burglary under questioning by Palo Alto police and said he had stolen from other homes in the San Francisco Bay Area, including two homes in Marin County, four homes in San Francisco County and one home in Alameda County.
He admitted keeping hundreds of thousands of dollars' worth of property from those burglaries at his home and at a storage locker. The property included computers, jewelry, furniture and a solid silver bar, according to the Santa Clara District Attorney's office.
At the time of his arrest, he apologized for his crimes and said he had taken to crime because he had money problems and was desperate.
He didn't dispute the charges in court. He was also ordered to pay restitution to the victims of his crimes.
Martyn Williams covers mobile telecoms, Silicon Valley and general technology breaking news for The IDG News Service. Follow Martyn on Twitter at @martyn_williams. Martyn's e-mail address ismartyn_williams@idg.com

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5 PC industry omens hidden in Intel's financial statements


Multiply the joy of watching paint dry by the sheer pleasure of watching grass grow, and you'll get a decent idea of how exciting it is to parse the average corporate earnings report.
But everything changes when those numbers come from Intel. Don't get me wrong: Intel's Thursday afternoon earning's call was still soul-suckingly boring. But as one of the cornerstones of the old Wintel homogeny, Intel's yearly results and estimates serve as an unofficial barometer for the PC industry as a whole. As Intel goes, so goes the entire desktop ecosystem, and hidden deep in the company's newly released financial statements are five portents for the PC industry of 2013--and beyond.
1. The PC is not dead
This one's easy: Next time a pundit tells you the PC is going the way of the dodo, tell him to stuff it. Sure, general PC sales were down slightly in 2012--3 percent in the case of Intel's PC Clients Group, and an estimated 3 to 5 percent for the industry overall--but desktops and laptops still do tremendous business.
"If you're looking at 350 million units (shipped in 2012), that is not a dead market," says Patrick Moorhead, founder and principal analyst at Moor Insights and Strategy. "The PC industry may be slowing, but it's certainly not dead."
As a whole, Intel managed to snag $53.3 billion--yes, billion with a "B"--in revenue in 2012. That's more than $1 billion week in and week out. Oh, and while Intel's PC revenues were down 3 percent in 2012, actual unit volume was only down 1 percent. Dead? Hah.
2. ...but the focus is changing
No, the consumer PC hasn't given up the ghost, but its days of epic growth have definitely stalled. Intel only expects sales revenues to increase in the single digits in 2013 after the down year of 2012.
Intel sees the writing on the wall and is working hard to diversify its lineup to match industry trends--starting, of course, with those pesky tablets. During his intro to Intel's earnings conference, CFO Stacy Smith spent as much time waxing poetic about the company's 2013 mobile initiatives as he did talking up Ultrabooks and desktop processors. That itself follows a new trend for the company: At CES, Intel's Bay Trail tablet processors and Lexington smartphone processors enjoyed just as much limelight as the upcoming Haswell CPUs.
The company is also placing a bigger focus on business customers, and, yes, the now-ubiquitous cloud. Intel's server-focused Data Center Group was the only division that saw revenues increase in 2012, and Intel expects DCG's revenues to grow in double digits this year. The new focus on servers and mobile technology give Intel a unique chance to double-dip the market.
"Data center and cloud are Intel," Moorhead says. "Their big boosts in sales were driven by that. Every handset and tablet that gets sold connects to the cloud, and Intel is providing the cloud. People forget that their hardware is driving the cloud right now."
ARM, the 800-pound gorilla in the mobile world, is also turning its attention to the cloud, with 64-bit ARM processors expected to hit server racks in 2014. In fact, the entire PC industry has shifted a lot of focus to the business arena, emphasized by Dell and HP's attempted reinventions as enterprise-focused companies.
3. Blurring lines and blending uses
The future, to hear Intel CEO Paul Otellini tell it to investors, lies in hybrids. (That shouldn't come as a surprise if you've been paying attention thus far.)
The first round of Windows 8 hybrids hasn't exactly taken the world by storm, but Otellini expects mobile technology to split into two distinct camps going forward: tablets and phablets in the 5- to 7-inch range, and larger 10-inch-plus offerings. Otellini expects those larger hybrids to offer PC-like performance in a slim, tablet-like form factor thanks to power improvements found in the Haswell and Broadwell processors slated to launch over the next two years. Patrick Moorhead agrees.
"All points converge on 2014," Moorhead says. "In 2014, you'll be able to have a very high performance, 9mm thin, fanless, low-cost tablet based on Haswell technology. At 10 inches and above, you'll be able to slide it right into a keyboard dock. Why on earth would you buy a separate tablet? Because you're not compromising as a notebook, and you're not compromising as a tablet, there really won't be a market for stand-alone 10-inch tablets." That doesn't sound good for Windows RT--or for notebooks, really.
Intel's already laying the base for the flipping, sliding, and oh-so-versatile future of laptops. At CES, the company announced that any laptops powered by Haswell processors will need to sport a touchscreen in order to also sport the Ultrabook name.
4. Racing towards the top
One thing about hybrids, though: They're more expensive than their less-flexible counterparts. Despite recent howls for cheap touchscreen notebooks to boost Windows 8 sales, we're more likely to see manufacturers futzing around in the high end rather than duking it out for low-cost supremacy.
Sales of touch-enabled Windows 8 models in the fourth quarter have convinced Otellini that "people are willing to spend a little bit more to get a more capable product. That's certainly been true in the Apple model for many, many years, and I think there is a model of getting paid for innovation." Get ready to whip out your checkbooks, folks.
NPD data from the holiday season found that the average selling price of an Apple laptop was $1,419--exactly $999 more than the $420 selling price of the average Windows notebook. Meanwhile, sales of Windows notebooks under $500 dropped 16 percent, while sales of $500-plus laptops grew by 4 percent. OEMs aren't dumb. They want in on that gravy train, and we've already seen manufacturers likeDell and Acer dump low-end products to focus on Ultrabooks and other products with higher margins, though that didn't exactly pay off in 2012's down economy.
But fear not, budget-minded PC fans: Cheap laptops aren't quite ready to doddle off into the sunset quite yet. "Intel's not saying they won't participate in the low-end market. In fact, they have parts like Atom and Pentium that prove that they will," Moorhead says. "What they're saying is that they're going to put their focus into new usage models that require higher performance and drive even better experiences."
Those better experiences, Moorhead says, will culminate in Intel's " Perceptual computing" initiative, which blends computer control with human senses. Speaking of innovation...
5. Racing towards the top, part II: Moore continues laying down the law
Consumer PC sales may be slowing, but Intel's focus on creating smaller, better, more efficient processors hasn't wavered. The company is still building towards a bright PC future, spending a whopping $18.2 billion--again, that's billion with a "B"--on R&D and acquisitions last year. That number's expected to jump to $18.9 billion in 2013.
Intel isn't just funding killer company parties with all that cash, either. The company plans to start production on the 14nm chip-making manufacturing process in 2013. "This puts us significantly ahead of the competition," CFO Smith said during the earnings conference. Intel's current Ivy Bridge chips are built using a 22nm manufacturing process, while AMD's processors have been stuck at 28nm.
Expect 14nm Haswell chips to start showing up in 2014, but that's not all Intel has up its sleeve. In 2013, the company also plans to start initial work on the 10nm manufacturing process, the 2016 die-shrink "tick" following the new Skylake "tock" architecture planned for 2015.
But while Intel's chips are getting smaller and smaller, the company's working hard to increase the size of the silicon wafers those chips are cut from. Current wafers measure 300mm, and Intel wants to move to 450mm. Bigger wafers mean lower production costs, which might--just maybe--result in lower CPU prices in the future. Although the move to larger wafers isn't expected to really start ramping up until the latter half of the decade, Intel has already begun investing in the transition process. Yep, Chipzilla thinks long-term.
A key 2012 investment could pay off for both of those initiatives. In July, Intel gave ASML Holdings $3.3 billion to stimulate the development of both 450mm wafers and extreme ultraviolet lithography, a next-gen technology candidate that could help Intel make chips using ever-smaller CMOS manufacturing processes. Intel expects the immersion lithography process used to make current day chips to become ineffective in sub-10nm chips.
Intel has said it doesn't expect the EUVL technology or 450mm wafers to be ready for the 2016 roll-out of 10nm "Skymont" chips, but Otellini declined to provide an update about 10nm chips and the possible use of EUVL when asked about it during the earnings conference.
To infinity, and beyond!
Sure, Intel's operating income may be down a bit in 2012, but taken overall, the company's earnings point to a vibrant, cutting-edge future for PCs, and hundreds of millions of PCs at that. That future might look different than the present we recognize, with more blurring of the lines and segmented niches, but the PC's outlook has never looked brighter--or more utterly transformative.



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Wouldn't it be nice if you could always access your data from anywhere?


A business idea starts simply enough: You identify a need, and then you fill it. It seems that a number of innovative entrepreneurs have identified the need to access data from mobile devices no matter where it's stored, and we're seeing an explosion of solutions designed to address that need.
Where is your data? Mine is all over the place. I have data stored locally on my PCs and tablets, and data stored on external USB hard drives, and data stored across various cloud-based services including iCloud, SkyDrive, Google Drive, Box, Dropbox, and possibly others I've forgotten about. Some of the data is redundant--duplicates of data stored elsewhere--and I do my best to consolidate the data I really need in one place, but there's still an opportunity there for a provider to give me a tool that just lets me access all of it no matter what device or platform I'm using.
Box is certainly striving to achieve such a vision. It may be viewed at face value as a cloud storage service, but the underlying philosophy that drives Box is the idea that people should be able to access and share their content from anywhere. Box is arguably closer to that goal than any other--providing access to data from Windows, Mac, iOS, Android, Windows Phone, and pretty much anything or anywhere with access to the Web. Box is also one of the first big players to develop an app for Windows 8.
I'm a huge fan of Box, and I use Box on most--if not all--of the platforms it's available on. It is my primary repository for the data I need access to. However, Box is a Box-centric solution. I only have access to the data that I have stored in the appropriate folder to be automatically synced, or that I have taken the time to manually upload to the cloud. If I need a file that I saved to the desktop of my MacBook Air while I'm away from my desk, Box won't help me.
Younity recently saved me in this exact situation. Younity scans the data on your Windows and Mac OS X PCs, and makes that data seamlessly available to your iPhone and iPad via an iOS app. Younity is limited, though, in that it only scans local drives--so data on my external drives is not indexed, and the app is strictly iOS, so it won't help Android or Windows Phone users.
There are a couple new approaches in the works that promise more ubiquitous cross-platform access to data. First, there's Documents.Me. Documents.Me is also iOS-centric. It claims to provide access to data from your computer, as well as data stored in Dropbox or Google Drive, and it will scan your email, too. It has slightly broader application than Younity, but not by much.
YouSendIt has its eyes on a bigger, "cloud-nostic future" as the company has dubbed it. YouSendIt already offers a data storage and file-sharing platform a la Box, and the company recently acquired Found Software. Found develops technologies to enable users to find and discover their files and data across devices and cloud services. Blending YouSendIt with the capabilities acquired with Found could be a big step toward a more platform-agnostic approach.
In a perfect world all of your data would be available to you no matter where you stored it, and no matter what operating system or mobile device you're trying to access it from. We're not there, but it seems there are some startups that are at least trying to keep us heading in that direction.

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The Week in iOS Apps: What a Crock


What a Crock!
If you are a lover of slow-cooked foods, we have the finest-ever iOS app ever created, just for you this week.
Crock-Pot Recipes
If your household is anything like mine, you'll probably agree that the $4 Crock-Pot Recipes app for iPhone and iPad--the first official Crock-Pot cooking app!--is the finest, most-anticipated offering in the App Store's history. And every month, you can make an in-app purchase of new recipe collections, meaning this is a cookbook that never goes stale.
Digisocial
Think of the free Digisocial as a talking Instagram. You take photos, add effects, and upload them to Facebook and Twitter--but you can add voice commentary to each of your photo uploads.
Fly Delta
Delta Airlines has brought its free Fly Delta app to the iPad. The "Glass Bottom Jet" feature lets you see photos of the area you're flying over, and you can alter travel arrangements, upgrade flights, and even download the in-flight magazine.
Inaugural 2013
The free Inaugural 2013 app for iPhone is built mainly for people who will be in Washington D.C. to attend President Obama's swearing-in ceremony on Monday--it lists a schedule of events and alerts to nearby happenings. It also includes a live feed of these events as they happen, so out-of-towners can keep up.
Merge Records
ReaddleDocs has become Documents by Readdle ... Dolphin Browser for iPad now lets users clip items directly to Evernote ... Rolling Stone is finally available on the iPad.

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Google sees one password ring to rule them all


Google thinks it might have found an answer to the vexing problem of forgotten or weak passwords: "physical" passwords, which might come in the form of a piece of jewelry such as a ring.
In a research paper, two of its engineers write that current strategies to prevent the hijacking of online accounts, including the two-step identity verification system, are insufficient, partly due to the constant threat of attacks that exploit new bugs.
Google highlights phishing, in which hackers dupe account holders into revealing sensitive information by making them sign into a fake account login page, as one of the biggest security threats of today.
"It's time to give up on elaborate password rules and look for something better," the authors say. The research paper, by Google's Eric Grosse and Mayank Upadhyay, is to be published Jan. 28 in the publication IEEE Security & Privacy. It was first reported on by Wired earlier Friday.
At the core of Google's proposal is an idea it says has been used by businesses but has found little success among consumers: an encrypted USB-like device that people would use to log into password-protected websites and online accounts.
Google says it is working on an internal pilot with an experimental USB device that users first register with multiple websites where they have accounts. A compliant browser would make two new APIs (application programming interfaces) available to the website to be passed down to the attached device.
"One of these APIs is called during the registration step, causing the hardware to generate a new public-private key pair and send the public key back to the website," the paper explains. "The website calls the second API during authentication to deliver a challenge to the hardware and return the signed response."
The method wouldn't require any software to be installed, though users would need to be using a Web browser that's compliant with the effort, Google said. The registration and authentication protocols would be open and free, and the device would connect with a computer's USB without needing any special OS device drivers.
Basically, the Googlers envision a single device that people can slide into a USB slot and then use to log into any number of online accounts with a single mouse click.
Because carrying around another device may not prove popular among consumers, Google suggests the authentication device could be integrated into a smartphone or even a piece of jewelry. The device would be able to authorize a new computer for use with a single tap, even in situations in which the phone might be without cellular connectivity.
The technology aims to improve upon the company's current, optional two-step verification system. With that system, when users want to log into a Google service from a new computer, they're prompted to enter a code sent to their preregistered mobile phone, granting them access to the site.
The company says its experience with that system has been good, though it too can be abused by account hackers. After they steal a password and break into an account, they sometimes set up a two-factor authentication using their own phone number, "just to slow down account recovery by the true owner," the Google engineers wrote.
Google admits its proposed USB key approach is "speculative" and that it will need to be accepted on a wide scale. But the firm said it is eager to test the device with other websites.
"User device registration with target websites should be simple and shouldn't require a relationship with Google or any other third party," the engineers write. "The registration and authentication protocols must be open and free for anyone to implement in a browser, device, or website."
Google didn't say if or when the experimental system might make it into use. "We're focused on making authentication more secure, and yet easier to manage. We believe experiments like these can help make login systems better," a spokesman said via email.

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