2011年8月16日星期二

Grooveshark gets kicked out of the Android market

by Vlad Bobleanta on April 6, 2011 at 10:Grooveshark logo45 AM Google has removed Grooveshark from Android market. The move, there will be many months after Apple kicked music app from the App Store and has to do with (what else?) accusations from several top music labels that Grooveshark is violating copyright law.

It is unclear whether Google plans even remotely delete the app from the Android smartphones as it has already been installed, something that Google has the power to do but have only previously used to get rid of malware-are trotted apps.

Answers to questions about Groovesharks removal from Android market, a Google spokesman had only this to say: ' we remove apps from the Android market that violates our terms of service. " The spokesman did not specify the violations Grooveshark has committed in relation to the market's terms of service. Google has also understandably not said anything about this is done after pressure from the music industry--even what could have triggered this removal?

In an interesting coincidence is Google to outline efforts against piracy before the Chamber of Deputies the Judiciary Committee today. Google has been accused on many occasions that the gains from piracy by allowing "pirate" sites that post the Google ads. The company is expected to deny and issue a tougher stance on piracy in today's hearing.

When it comes to Grooveshark, it looks like it runs quickly of mobile app stores that are permitted to exist. Believes, however, that you probably will still be able to get Android app from Grooveshark directly--because (unless you have a device that at & T Android) Android allows you to install applications that do not come from the market. Tags: , android market, AndroidMarket, anti-piracy, antipiracy, apps, audio, google, Grooveshark, grooveshark for android, GroovesharkForAndroid, music, piracy


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Microsoft releases Bing app for the iPad, sexy

by Lee Mathews on 7 April 2010 at 04: 00PM it's still a bit odd that Microsoft delivers apps for Apple's mobile platform. And it is even more unusual still to see a just as sexy as the new Bing app for the iPad, which provides a slick, rich Search experience that Apple's Tablet PC.

Like a regular search for bing.com will tailor Bing app for the iPad, the results are shown on the basis of what you are looking for. There are plenty of custom views, ranging from movies, and maps to weather, and shopping. The App also offers a heads-up that appears currently traded searches, complete with accompanying images, an iPad,-exclusive feature.

Navigation is very thanks to multitouch controls, so that the user can flick or swing by results. And while the development team refers to the app as "touch and decide," Bing's voice Search is also integrated in--making it easy to start a query without using the iPad, on screen keyboard.

Bing app for the iPad, is available for download now from the App Store. Tags: apps, bing, ios, ipad,, microsoft, mobile, search, Tablet PC


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You can now rent the Adobe Photoshop for $ 35 per month, CS 5.5 available soon

by Sebastian Anthony on 11 April 2010 at 06: 00 rejoice! No longer must you fork over $ 700 for a Photoshop CS5 license! Adobe has unveiled a new subscription scheme where you can rent the entire Creative Suite or individual packages, with the month or for an entire year.

Adobe Photoshop can be yours for $ 35 per month if you agree to rent it for 12 months or $ 49 per month if you need to use their services for a shorter period. Dreamweaver can be had even cheaper, just $ 19 per month. The entire Master collection is still quite expensive, but at $ 125 per month.

Today, Adobe also launched the release of Creative Suite 5.5 and folkomr?stade at the same time its release cycle from 18 months to 24 months. This means that if you rent Photoshop for two years, it is actually the same cost as buying it directly. There is no rent to own options, but--so you don't have access to cheaper upgrade price when Creative Suite 6 rolls around next year. Still, you need access to Photoshop, After Effects or premiere for a single project, new hire scheme would be exactly what you're looking for.

In other news, Adobe has announced that it will launch three pretty exciting iPad, apps that interact with Photoshop: Eazel, hubs, and color Lava. Eazel, leather five-finger color on the iPad, and export the result to Photoshop, the hub acts as some kind of work surface, brush and menu extension and hopefully named color Lava is a paint mixing palette. Apps are expected to appear in the App Store over the next 30 days. Tags: adobe, the adobe creative suite, adobe photoshop, AdobeCreativeSuite, AdobePhotoshop, apps, color lava, ColorLava, creative suite, CreativeSuite, cs 5.5, cs5, Cs 5.5, eazel, hub, windows


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Moom for Mac streamlines the window moving and zooming

by Vlad Bobleanta on April 6, 2011 at 12: 30 PMMoom for Mac
Moom is a Mac utility that aims to simplify the task of moving and resizing windows. Moom can run in three different modes, as seen in the image above. Standard mode makes the Moom a dock icon is displayed as menu items in the menu bar. In the menu bar mode, Moom only in the menu bar, and in the faceless mode not showing any signs of its existence at all--if you hover the mouse pointer over the button green Zoom in window, such as when starting to work their magic Moom.

Moom has two ways in which it can run--by using the mouse or keyboard. Use the mouse, after action icon above the Green Zoom, Moom menu will popup window (above left). From there you can choose if you want the current window to zoom to full screen, or whether it should only occupy the left or right half of the screen and also at the top or bottom half if you feeling saucy. Icon arrow-like, you can return the window to its original position.

But wait, there's more! If you drag the width/height of a few pixels icons instead of just clicking them, they turn into yet more options so that you can zoom the current window with a (new) quarter of the screen. Exactly how does it work? In order to make the window occupies the top-left quarter, dragging the icon "left half" upwards and assign it to the lower left quarter, drag the icon "left half" downward.

Keyboard in mode, you can control the Moom with global hotkey and arrow buttons. You can set any key combination to be your global Moom hotkey and type any subsequent key press to do something that Moom can perform. Using the keyboard, also provides you the opportunity to Center a window, which has yet to be done with the mouse. Press the link for a screenshot of the entire keyboard shortcut menu configuration to admire the amazing number of ways in which you can customize your interactions with Moom. Last, but certainly not least, you can rest assured knowing that Moom supports multiple monitors.

Moom works for 100 uses in its free demo mode, after which you can buy it directly from many tricks (developers) or from the Mac App Store. The license costs $ 5.

Moom for Mac keyboard shortcut settingsTags: apps, Mac, moom, moom for mac, MoomForMac, OSX, productivity, tools, window management window move, window size, the Zoom window, WindowManagement, WindowMove, WindowSize, WindowZooming

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Angry Birds Rio for Symbian Nokia's Ovi store landing in

by Vlad Bobleanta 11 April 2011 at 45Angry Birds Rio for Symbian03: Angry Birds is a franchise that certainly gives new meaning to the word platform-independent. Angry Birds Rio, the latest game in the series bird-mudslinging from Rovio Mobile, is now available in Nokia's Ovi store, ready to fly to the device Symbian. Angry Birds Rio has been spotted on iOS, Android and webOS.

As versions for all other platforms, the Angry Birds Rio for Symbian a history which is a little different to the fans of the franchise has seen so far. The original Angry Birds is kidnapped and taken to Rio de Janeiro, where they manage to escape their captors and then set out to rescue their friends, Blu and Jewel--two parrots who also stars in the film Rio. The game is mostly unchanged though, and you get two sections right now with more episodic updates as promised, for free, in may, July, October and November.

Angry Birds Rio is available only for devices running "New Symbian", also known as Symbian ^ 3. Currently these Nokia N8, E7, C7 and C6-01.

Download Angry Birds Rio for Symbian from store Ovi Tags: , angry birds, angry birds rio, AngryBirds, AngryBirdsRio, apps, games, games, nokia, Symbian, Symbian 3, Symbian3


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2011年8月15日星期一

YouTube Live Streaming select partner now in real time

by Lee Mathews on 11 April 2010 at 08: 35 was not content with limiting its dominance in streaming uploaded videos, YouTube is now ready to take competitors like Justin TV and Ustream. The new YouTube Live service rolls to select YouTube partners and makes it possible for real-time broadcasts. In its official announcement Google says that "the goal is to provide thousands of partner capable of streaming from their channels in the coming months."

You can check the live broadcasts on http://www.youtube.com/live, where you'll find also a schedule of upcoming episodes from beta partners like Revision3 and Destructoid. You can subscribe to YouTube Live broadcasts--which will ensure that you get a message when a new episode is coming soon.

Tags: google, justin tv, live, streaming, ustream, video, Web, youtube, youtube live, YoutubeLive

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Farewell, Internet

by Thomas Houston on April 12, 2011 at 12DownloadSquad: 00, here we are. More than four years after the launch, Switched and DownloadSquad are, unfortunately, are closed. I have been proud to work on these two sites have expanded tech coverage out of the ordinary gadgets and social networks to the cuisine, culture, design, art and more, it has been humbling to work with groups extremely committed and talented writers, and it would have been impossible to do it without them.
In the future, will you still be able to get the best tech news coverage from Engadget, HuffingtonPost Tech, Joystiq and TUAW. While we are still working out some details, will be Switched and DownloadSquad continue to live on the Web and be fully accessible via Search. Understandably, our Facebook, Twitter and Tumblr presence will be quiet, but you can still follow Switched and DownloadSquad author their personal accounts. Thanks for reading. Tags: communications, switched, top

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Google streaming i/o Conference 2011 live for those who cannot do it

by Samuel Gibbs on April 8, 2010 at 04:Google I/O 201140 AM The Google i/o Conference, a gathering of developers from around the world to San Francisco's Moscone Center, sold out in under an hour. In an attempt to cover as many people of course would like to participate in the Conference Google will streaming the keynotes, sessions, and developer sandbox, live via Google i/o Web site. This is in addition to the already planned i/o Extended viewing parties hosting Google and others around the world.

So if it was bad luck to get tickets, stuck in the home, or your desktop on the 10th May and 11th, but really want to get the Constitution IO the check out page, Google i/o, Live, where you can register your interest by showing Google I/O Live 2011 HTML5 badge on your website. Oh and check out imaginative, bouncing ball, countdown clock while you're there too. Tags: developer, Google, Google IO, Google IO 2010, Google IO, GoogleIo Live, GoogleIo2011, GoogleIoLive, Web


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CyanogenMod 7.0 now stable, released for more than 30 Android devices

by Matthew Rogers on April 11, 2011 at 4: 00 it is official, folks! CyanogenMod 7 is deemed to be sufficiently stable to well called, stable. In Rome, is now available for your pleasure of over 30 blinking devices – including some tablets. Don't worry, it does not disappoint; I've used it through the development process for months and it is well worth the wait.

If you have not followed the updates on the progress, here is a quick summary: it is based on Android gingerbread, it has 2.3.3 built-in root access with all of the command-line tool goodies, Apps2SD capacity (native), Incognito mode for Android browser, built-in CPU frequency tuning and scaling (including overclocking and the election of the Governor), loads of UI improvements and interface tweaks, OpenVPN and SIP requires inst?llningarUSB/WiFi/Bluetooth tethering, FLAC support, a FM Radio player and lots of other features and improvements.

It has also been given a one-click UI theme-switcher that T-Mobile has contributed to the development (open source, less).

Even if you are not in blinking custom CDs on your expensive new smartphone, you need to recognise that this release is a fairly big deal ... It means a fully functional version of Android 2.3.3 is running now, with plenty of bells and whistles, approximately 30 units whose manufacturers and carriers are simply too lazy to update.

Alright, blubbering enough. You can learn more about ROME on CyanogenMod.com, or jump straight to the mirror download if you already know what you're doing! Tags: , android, mobile phones, custom ROM, CustomRom, cyanogenmod, gingerbread, mobile, open source, tablets


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Google Hotpot together finally (and completely) to the sites

by Matthew Rogers on 8 April 2010 at 07 : 07 PM it's taken months of confused looks, but Google has finally seen the light. Hotpot, who has been a widely despised moniker for a service that just about everyone called locations, is now simply on lumped in with places.

The actual differences between Hotpot and places were almost non-existent, particularly as regards the mobile aspect (which was even worse, because finding and rating restaurants and other venues typically done with a smartphone, not a desktop computer). When it came to it, Hotpot was basically just the rating/review system places – so even if it probably began as a separate project, it was meant to be gobbled up by the larger app from the get go.

So, now that the gruesome named over done with, places can go to gain popularity with his elder siblings, Latitude--and we can definitely expect both to get a big boost now to check-in offers have been brought into the mix. Tags: mobile phones, google, hyperlocal, local, mobile, score, restaurants, stadiums, social


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Opera 11.10, HTML5 file API support, IMAP improvements

by Lee Mathews on 6 April 2011 at 01opera 11.10: 30 PM the crew in Oslo agree connect on Opera 11.10 and the latest snapshot build includes a number of improvements to Opera's built-in e-mail client--and HTML5-related extensions.

The IMAP framsidan, Opera now supports special folders such as sent, spam, and trash. It also supports better duplicate in Gmail--as those that appear in all e-mail and according to your own custom labels.

Opera now supports partial 11.10 HTML5 file API, which means that your favorite Web apps (like Gmail) could soon start adding Opera in the list of compatible browsers.

You can download the latest Opera 11.10 snapshot for Windows, Mac or Linux from the official release post.

Update: The Opera 11.10 RC is now available, as pointed out by SlashZaku in the comments. Thank You! Tags: apps, browser, browser, email, file api, FileApi, gmail, html5, imap, linux, mac, mail, opera, opera (10), Opera (10), snapshot, web, windows


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2011年8月14日星期日

Check-in, Google latitude is now available across the United States

by Lee Mathews on 8 April 2011 at 1808: recently, Google has been busy played the Latitude to make it more competitive with other location apps--and more fun to use. Location history has been added recently, iOS users can post checkins via latitude and now Google has begun rolling out a location-based deals which are connected to the service.

If you are in the United States, you can now score local savings at participating dealers by checking in with Latitude. Google will also offer ' status deals, "which users can unlock by visiting a certain merchant regularly. Mashable notes three Status levels: regular, VIP, and guru--but the partner can obviously adapt these titles if they choose.

Currently offers from merchants like American Eagle Outfitters, Arby 's, finish line, Macy 's, AJ and RadioShack. Tags: apps, checkin, checking in, deal, deals, facebook deals, FacebookDeals, google, google latitude, GoogleLatitude, groupon, hyperlocal, local, location, latitude,


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Angry Birds Rio catapults in the webOS App catalog

by Vlad Bobleanta on April 8, 2011 at 9: 40 AMAngry Birds Rio webOS
After being available for iOS and Android for around a couple of weeks, Angry Birds Rio, the latest edition of the casual gaming megahit, at last reached the webOS, too.

Angry Birds Rio has two sections containing over 60 new levels for the time being, but episodic updates are promised to arrive this year. Let us not forget that Angry Birds Rio for the biggest change to the franchise yet--you will no longer be geared for little green pigs. This time actually directed your anger against monkeys who is to blame for the hostage other hens in cages.

Buy Angry Birds Rio for webOS for $ 1.99 from webOS App catalog Tags: , angry birds, angry birds rio, AngryBirds, AngryBirdsRio, apps, games, gaming, webos


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LinkedIn app for Android now available

by Vlad Bobleanta 7 April 2011 at 02LinkedIn for AndroidLinkedIn: 00, the "professional" social network, has finally launched an Android app, App has previously been available in beta for a while. The final version includes support for messaging, as well as a new Reconnect button, suggesting people as you may know based on your profile and your current connections. LinkedIn for Android has, of course, all the features you'd expect, making it easy to connect with other LinkedIn users from your smartphone.

The App lets you post status updates, see updates from your contacts, view the profile of your contacts, add new contacts, find LinkedIn users (this can either be limited to your contacts, or it can go through the whole user base), and respond to invitations.

LinkedIn expects to improve its Android app in future versions by adding a few features that "has strongly requested during the public beta".

Download LinkedIn for Android free from Android market, from LinkedIn directly, or just point your Android smartphone at m.linkedin.com/android Tags: android, apps, business, linkedin, linkedin for android, LinkedinForAndroid, social networking, SocialNetworking


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Banshee music player now works in Windows, supports Amazon MP3 downloads

by Sebastian Anthony on April 6, 2011 at 11: 35 a few moments ago, version 2 of the Banshee music player for Linux was released, bringing with them a whole slew of new features and additions of an official--but alpha-quality--Windows build. Mac OS X build version 2 will later today.

The most notable new feature is support for store, Amazon MP3-you can buy and download music from within Banshee--but unfortunately it is only available on Linux build now (OS X and Windows support is planned, however). There have also been some significant improvements to the artist, album and gender interactions--and Yes, you can finally Right-click on a track, album or artist, and select ' play once ' to insert it into the queue.

In addition to the actual playback, the user interface has been cleaned — now seems much smarter--and the Ubuntu one Music Store and SoundMenu add-in has been made official. For a complete list of changes, additions and bug fixes, check in the change log.

When Windows support was from the beginning of February, we found the rough around the edges and filled with stability problems. With version 2, Banshee for Windows is still a bit unstable, but it is shaping up to be a good alternative to Winamp, iTunes, or what other music library manager you are using. It is almost as attractive as his brother, even GNOMEish!

Download Banshee 2 for Linux and Windows (Mac OS X coming soon) Tags: apps, banshee, banshee 2, Banshee2, cross platform, cross-platform, CrossPlatform, gnome, linux, mac, mac os x, Mac OS X, music, music player, MusicPlayer, osx, ubuntu, windows


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Add a Windows 8 user tile on the taskbar, Windows 7

by Lee Mathews on 6 April 2011 at 02: 30 PM now when Windows 8 pictures have begun to leak out, it's just a matter of time until developers start releasing mods for Windows 7 which depicts the coming features. Over at the Windows, they have discovered such courage already.

In the early Windows 8 images we saw Windows Live integration on the taskbar. Far to the right, there is a user box is displayed. If you would like to do the same on Windows 7, Download taskbar user box from DeviantArt user AngelWZR.

After you have installed will be your current image displayed on the taskbar. Click it and a menu appears that allows you to log off, switch user and access the control panel. Right now, the Ministry of defence works only if the taskbar appears at the bottom of the Windows desktop. Tags: apps, mod, modding, superbar, taskbar, user tile, UserTile, win7, win8, windows, windows 7, windows 7, Windows7, Windows8


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Yigg news now to start as HTML5 Web app, now accepting beta testers

by Lee Mathews on 6 April 2011 at 03: 30 PM when Yigg news now landed in the Chrome Web store, it seemed that an indication that it can eventually be developed into a pure HTML5 Web app, now it seems that it is exactly what should happen, with Yigg news now announcing that is a new, not-just-for-Chrome Web client ready for beta testing.

It is a natural evolution for Yigg news now, especially since its original Adobe Air app is virtually all Web code. Yigg news now Web will sport a feature set is almost identical to the Chrome app, with the exception of the stream of Twitter.

Yigg news now initially targeted Firefox 4 and 3.6, Google Chrome, and Safari. Opera and Internet Explorer 9, will be invited not to dance until later.

If you want to get on the Yigg news now Web beta, head on over and register--or log in with your existing Yigg news now account. Tags: activity streams, ActivityStreams, apps, social, socialnetworking, streams, yigg news now, twitter, web, web apps, WebApps


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2011年8月13日星期六

AVG releases LiveKive cloud sync and backup tool

by Lee Mathews on April 7, 2011 at 10:avg livekive dropbox42 AM a while back, we reported on AVGS new LiveKive service, a new synchronization and backup cloud tool which seems to have been named after a VAT in which the mash is made during the beer. But enough about AVGS odd choice of monikers--LiveKive has launched and is now ready to receive your files to AVG cloud.

LiveKive takes aim at services like dropbox, SugarSync, but right now it is lagging behind in terms of features. In its current form, is LiveKive compatible only with Windows and OS x. There are no mobile clients yet, but with the AVGS strong presence on Android we would not be surprised to see an app that will in the near future.

The company offers a heck of a deal right now though. If you sign up for a paid account during the launch, you can get unlimited storage for $ 80 for a whole year. You cannot even score 50 GB per year at that price from dropbox, so if the cost and space is more important to you than cross-platform availability, LiveKive may be worth checking out.

If you are interested in ponying up all the money right now, you can still get a 5 GB account for free. Just head on over, and create an account for LiveKive. Tags: apps, avg, backup, cloud, dropbox, livekive, mac, os x, OsX, storage, sugarsync, sync, windows


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Zoho Docs 2.0 adds iPad, support

by Lee Mathews on April 6, 2011 at 10:zoho docs ipadPM Zoho has offered an iOS app for awhile now--at least for iPhone and iPod touch. Those of you who have to use Zoho app on your iPad, was of good luck, but that is no longer the case.

Zoho Docs 2.0 has landed in App Store, and the most notable change is that now is a universal app, now you can take advantage of the app's mobile productivity powers in greater iOS device. Retina monitors has also been added, which is document sharing options--you can use in modes viewer and collaboration.

Just as service basic Zoho app is available for free. Paid subscription, you get additional storage space and start at $ 3 per month for professional use. Tags: , ios, ipad, apps, mobile, office, productivity, retina display, RetinaDisplay, universal app, UniversalApp, zoho, zoho docs, ZohoDocs


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Kindlebility sending webpages from your computer to your Kindle

by Vlad Bobleanta 11 April 2010 at 02KindlebilityKindlebility: 40 is a bookmarklet that can send a Web page that you are viewing to your Kindle. Kindlebility will format Web sites in order to see them on the Kindle is not a pain. After you create it (more on that shortly), Kindlebility requires only one click to use--and the sides arrive to your Kindle in seconds.

Before you use Kindlebility for the first time, you need to quickly set up the. This only needs to be done once, and requires that you go to the Kindlebility site and enter your email address in the Kindle (something @ free.kindle.com or @ kindle.com). Bookmarklet are then generated, and you can drag it to your bookmarks bar. But can not use it yet. You need to go to Amazon, please enter your account page, and find e-mail whitelist settings manage my Kindle . Then kindle@darkhelmetlive.com just add to the whitelist.

It is true. When you surf the Web on your computer and find an interesting page that you want to read on your Kindle, just click on the Kindlebility-bookmarklet. A quick demo video that shows how to set Kindlebility is after the break.

Tags: Amazon KINDLE, AmazonKindle, bookmarklet, E-readers, Internet, Kindle, kindlebility, utilities, Web

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1.2.1 Ultrasn0w carrier unlock now available for jailbroken iPhone running iOS 4.3.1

by Samuel Gibbs on April 11, 2011 atultrasn0w 1.2.1, 5: 00 am, all based on a carrier unlock for using their iPhone on another GSM carrier, can now take iOS 4.3.1 dip thanks to ultrasn0w 1.2.1. IPhone Dev-Team has been working its magic to make ultrasn0w functional again for the iPhone 4 (GSM), 3GS and 3 G, and to correct for any signal bar problems maintaining an older baseband but not using an unlock.

It is important to note that this is not a new carrier unlock and still requires an older baseband. Therefore, if you intend to upgrade to iOS 4.3.1 make sure use approximately the Pwnage Tool to keep your existing baseband and not , just upgrade with iTunes, hoping to use redsn0w to jailbreak, which will result in ultrasn0w is locked out.

Once jailbroken your iPhone using Pwnage Tool, fire-up Cydia and search for ultrasn0w to obtain your operator unlock installed you should reboot the phone only. Voila! Carrier unlocked. Tags: apps, carrier unlock, CarrierUnlock, mobile phones, iOS, iPhone, iPhone dev team, ultrasn0w, IphoneDevTeam, tools


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Auslogics Disk Defrag 3 become smarter, faster

by Lee Mathews on April 11, 2011 at 11auslogics defrag: 00 AM Auslogics Disk Defrag has been part of my system maintenance toolkit for quite some time. With the release of version 3.2, it is now even better able to clean and optimize your computer's hard disks. In addition to offering a cleaner and easier to use interface, Disk Defrag 3.2 enhanced single file and folder defragging, better processing of multiple disks, a simplified scheduling screen and more informative ToolTips. Auslogics has also refined the defragmentation and file consolidation algorithms.

For laptop users, there is a new option to lock automatically if your computer is running on battery power--as scheduled operations not kick and drain your power source at an inappropriate time. If you happen to have a SSD installed in your computer, you can go to Disk Defrag options and exclude it from scanning (many think defragmenting a SSD is a very bad idea).

Auslogics Disk Defrag is free and works with most versions of Windows.

Tags: apps, auslogics defrag, defraggler, defragmenting, disk defrag DiskDefrag, hard drive, hard drive, optimize, utilities, windows

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Telus recruits Leonard Nimoy to know your Facebook status updates

by Samuel Gibbs on April 8, 2010 at 03What Would Leonard Nimoy Say: 40 AM-have you ever thought your Facebook status updates lacked finesse? Regretted ever say that the whole Facebook for about 30 seconds after hitting send? Have you ever wished you had your own personal Leonard Nimoy to proof read your mind-dump before you make yourself? Yes, me too, and now you can!

Brought to you by Telus, is what would Leonard Nimoy saying (WWLNS) a Facebook app, which you can run your status updates past the legendary sci-fi actor before slapping them up on Facebook. If you want to use the app, you need to "do" it and sacrifice your https connection if you happen to have it turned on, but that is the price you pay to Spock proof read your inane musings.

Check out the Telus on Facebook to take the app for a again, and jump on over to Engadget to see more Nimoy-Telus combination. Tags: apps, Facebook, Leonard Nimoy, LeonardNimoy, social networking, SocialNetworking, Telus, Web, WWLNS


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2011年8月12日星期五

Windows 8 App Store pictures leaked?

by Lee Mathews on April 11, 2011 at 10:windows 8 app storeWindows 8 00 pictures continues to leak on the Internet, despite the fact that Microsoft's wallpaper-based grounds to those who have access to the early versions. Today's installment courtesy CNBeta shows upcoming Windows App Store, which will likely use prominently in Windows 8.

We have our doubts about the authenticity of the image. In addition to showing more of the built-in games which already come with Windows, Opera, see--and a competing browser seems an odd integration this early on. Of course, with browser ballot continued for some time in the EU, Microsoft would probably need to include rivals as Opera and Firefox to stay out of trouble. We are also unsure why Clickgamer appears under angry birds instead of Rovio--the game's actual publisher.

Of course, it is still early, so it is quite possible that Windows App Store image is genuine, but only with placeholders for images and text for now. Anyone else thinking about Windows Marketplace can be a more logical name? You know, to keep things consistent with the Windows phone and keep Apple a mural in the bay. Tags: apps, leakage, marketplace, Milestone 3, Milestone3, win8, windows, windows 8, windows app store, Windows8, WindowsAppStore


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Microsoft Office 2011 SP1 for Mac arrives next week with Outlook improvements

by Samuel Gibbs on April 7, 2010 at 03:Microsoft Office 2011 for Mac SP145 AM Microsoft Business Unit, Mac software arm Redmond-based software giant, is set to release their first Service Pack for Office 2011 for Mac. Like most updates of this nature will SP1 to address a myriad of bugs and role in most of the hotfixes that preceded it into a single, easy to install package.

SP1 will also address the Outlook syncing support, with BU add calendar support for Sync Services so you can finally sync Outlook calendars with iCal and other local calendars syncing iDevices connected via iTunes. Office 2008 learning was one of the features that have been removed in Entourage to Outlook switch, so it is nice to see it finally make an appearance in Outlook. Ironic is that Outlook will no longer be able to synchronize your MobileMe calendar when it is upgraded to the new version 5 may or before if you have jumped the gun early, as Apple has removed Sync Services support from MobileMe by turning to CalDAV. Nothing to do with Microsoft here, of course, and it should not be long before something may be developed.

Outlook has also been the best with the ability to edit the server-side Exchange rules, something that our friends at TUAW pointed out, has been missing on the Mac since the Office 2001 for Mac OS 9. E-mail redirection, and submit buttons has also made an appearance, so that you can send e-mail to the intended recipient without getting caught in the email chain for answers. Excel Download also some love from the SP1 with enhanced Solver integration support, which should be useful when trying to use formulas in Excel.

You see that the Microsoft Autoupdate update on your Mac that begins next week, or visit the Microsoft Mac update manually when it becomes available. Tags: apps, Microsoft, Office 2010, Office 2010 SP1, Office2011, Office2011Sp1, OS X, OsX, productivity, Service Pack, ServicePack


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Bing will begin the rollout of HTML5 enhanced search interface

by Sebastian Anthony on April 8, 2010 at 06Bing transitions: 30 AM Bing's new HTML5 and CSS3-extended search interface, which was shown first back in September 2010 to showcase the power of IE9, has begun to roll out.

Navigation tabs (maps, pictures, videos, etc.) and the most famous of the appendix to the new interface is smooth page transitions--fades in and out--now constantly floating at the top of the page. WinRumors reports that a function similar to the Google Instant search has been added to Bing, with page elements that smooth transition in and out as you type in your search query.

If you want to try out the new Bing UI, your best bet is to set your language to the United States-English and pray that you are part of the roll out. Alternatively, just wait a few days until the MIX 2011, Microsoft's Web Developer Conference, when the new Bing UI should be launched officially. Tags: bing, css3, html5, microsoft, microsoft bing, MicrosoftBing, Search, transitions, web, web search, WebSearch


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Apple orders iCab iOS browser to cripple Javascript modules

by Sebastian Anthony on April 8, 2010 at 07: 00 developers of iCab Mobile, a feature-rich alternative to Safari Web browser on the iPad, and iPhone, Apple has been ordered to remove their ability to download and install Javascript modules.

It is probably not the fact that iCab can execute Javascript that is causing Apple apoplectically puff and splutter, but rather the ability to download modules. Both Apple and Google frown on apps that contain market-like functionality, and someone at Apple thought enough to Icab's Javascript module looked a little too much as discreet apps.

Alexander Clauss, Icab's developer, has quite a lot to say on the subject. "Maybe if I would have called ins" smart bookmarks "and would have made installing them much more complex, Apple would never have requested to remove the ability to download them from internet. Great user experience to install modules have probably created a suspicion that these modules is more than just a piece of JavaScript code. From a purely technical point of view, if Apple does not allow for the downloading modules (JavaScript code), Apple would also need to Allow to load Web pages in General, since these also contain JavaScript code. "

In summary, in order to circumvent Apple's draconian decrees, delivered iCab Mobile now simply with some 20 JavaScript modules. The ability to download modules made by third-party developers have been disabled, but--but even then Clauss says that you can easily contact him and ask for your module to be associated with the next release of iCab.

Download iCab Mobile for iPhone, iPad, and iPod touch ($ 1.99) Tags: app store, apple, apps, app store, icab, icab mobile, IcabMobile, ios, ipad, iphone, ipod touch, IpodTouch, JavaScript, JavaScript modules, JavascriptModules, mobile, modules, web


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Windows 8 with Adaptive Aero colours, download it now on Windows 7

by Lee Mathews on 7 April 2010 (UTC)windows 8 aero colorization aura07: 40, while we still have yet to see anything truly earth-shattering, tandem Rafael Rivera and Paul Thurrott continues to churn out insights on interesting new features that they have discovered in the Windows 7 milestone 3. Recent discovery is Aero in Windows 7 that automatically adjust to match your current background image. It is a little like what Windows 7 already do with your taskbar icons: If a warning message if the application requires your attention, the icon will glow with the dominant color (e.g. Firefox should warm orange).

And Yes, you can already Windows 7 behaves this way if you want. Over at CodePlex is a small program called Aura that Parks itself in the system tray and automatically adjusts the window borders to congratulate your background images. The effect is pretty nice, and you can try it out by minimizing your windows and go through your theme wallpaper (right click the desktop and select Next desktop background). Tags: aero, aura, codeplex, color, desktop, glass, interfaces, Milestone 3, Milestone3, ui, win8, windows, windows 8, Windows8


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New software uses facial recognition to defend against prying eyes

by Lee Mathews on April 7, 2011 at 1001: having the right software and hardware to keep information on your screen safe from prying eyes is never a bad idea, and new software from Oculis Labs offers a very interesting take on how to do just that. It's called PrivateEye, and it uses facial recognition to automatically Pixelate content on the screen when you look away.

If you step away from your system, and someone else decides to sit down and Poke, PrivateEye to present a confusing jumble of garbled text. It will also notify you if someone tries to peek over the shoulder--and show a picture of your peeping Tom, throw an alert or assign an alarm.

Check out the video embedded after the break and share your thoughts in the comments! Tags: apps, facial recognition, FacialRecognition, oculis, peeping tom, PeepingTom, privacy, privatreeye, security, windows


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2011年8月11日星期四

SeaMonkey, Mozilla's all-in-one Internet suite, releases new beta

by Vlad Bobleanta on April 8, 2011 at 10SeaMonkey 2.1 Beta 3: 30 AM The SeaMonkey Project has released SeaMonkey 2.1 Beta 3, a version which makes a wide range of new features available to a wide audience for the first time. Lots of things have been added and v?lkommern since the SeaMonkey 2.1 Beta 2 hit the streets back in February, and we are now one step closer to final release of version 2.1 of integrated Internet app suite.

SeaMonkey 2.1 Beta 3, you can enter safe mode on the Help menu, and you can permanently apply some of the settings as safe mode if you so wish. When a plugin crashes, you are now immediately display options, such as reloading of the page. Built-in extensions like ChatZilla, JavaScript debugger, DOM inspector, and DebugQA is now installed by default. SeaMonkey Sync has gotten an easier installation process and Windows 7 jump lists are now supported. Also added detection of obsolete plug-ins, WebGL support, an optional search bar (including the proposal for the search engines that support them.), engine manager for OpenSearch, and plug-ins are now working on feeds appear in MailNews windows.

ChatZilla works again, which is the JavaScript Debugger Venkman, and Download progress is displayed in the taskbar in Windows 7. Restoring large browser sessions has been improved and you can also switch tabs by using the mouse scroll.

This is a beta, the obvious warnings apply: stuff can break, bugs can show up everywhere and generally speaking, you probably should not use this version on which the driver daily--at least not from the get-go, without having tried it for a while first.

Download SeaMonkey 2.1 Beta 3 Tags: apps, beta, browser, free, Internet, Linux, Mac OSX, productivity, seamonkey, SeaMonkey 2.1, seamonkey 2.1 beta 3, Seamonkey 2.0, Seamonkey 2.1 Beta3, utilities, windows


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Adblock Plus developer work hole in Mozilla's new addition performance tests

by Sebastian Anthony on April 8, 2010 at 05:pm Enigmail, developer of the most popular extension in the world, Adblock Plus, is also an active participant for the Planet Mozilla blog community. The last few days, in response to Mozilla's new name and shame list plus the slow has Sirota investigating whether Mozilla's test methods are actually real.

Rather surprisingly it turns out that Mozilla's number can be significantly wrong--and if they are wrong, the factors that Mozilla uses to tabulate a miscellaneous end result definitely should be made more transparent.

In the first set of tests show Mcdonald the FlashGot position in the top 10 is probably due to a bug in Mozilla's testing Setup, and that completion can perform very differently depending on which operating systems are tested on. In the second analysis can reveal an irregularity which Li does not seem to have an obvious cause--but it might be an i/o bottleneck on Mozilla's test computers. Basically, although performance testing on Read it later disabled due to a bug, still (slightly!) manages to record a 14% decline in Windows 7.

Li sum up both the analysis of public scolding Mozilla with performance data before its test methods was confirmed exactly. It seems definite that Mozilla has been more than a bit reckless, considering the importance of Firefox Add-on ecosystem. Tags: adblock plus, AdblockPlus, add-ins, extensions, addon, addons, apps, browser, extension, extensions, firefox, firefox 4, Firefox4, mozilla, performance, speed, testing, web, sailfish, WladimirPalant


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Skype 5.3 for Windows released, improves mobile video call quality

by Sebastian Anthony on April 7, 2011 at 12:PM Version 5.3 of Skype for Windows has just been released, with the emphasis on the new release improves call quality and quality of the video, obtained from mobile Skype users. You'll probably also have a party of video calls using Skype for Windows 5.3, however.

In addition to improved quality, have not much changed. Now you can see your friends ' presence icons when the contact card, the section Edit button compressed and is always visible in the conversation header. For a complete list of changes, beat up Skype Garage blog.

Download Skype 5.3 for Windows

Tags: apps, mobile, mobile video calls, MobileVideoCalling, skype, skype, Skype 5.3 5.3, video calls, Video Calling, voip, web, windows

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New Firefox Nightly and Aurora logos dug up and how to enable channel switching

by Sebastian Anthony on 11 April 2010 at 07Firefox Nightly and Aurora logos: 35 later today, Firefox will undergo its biggest developmental upheaval ever. Mozilla-central, the source of nightly builds, will be renumbered to version 5--and finally, after years of cowardly around version 1, Mozilla's rendering and layout engine, Gecko, the version number must also be updated to match Firefox.

Shortly thereafter, the new channel Firefoxs systems to be implemented. Firefox 5a2 will be introduced as the first Aurora building, and we should also see a Firefox 6 Nightly build. While we are not safe where they came from, S?ren Hentzschel seems to have dug up the new nightly and Aurora logos (see above), along with new if Firefox dialogs (after the break).

In other news, if you want to take a sneak peek at the new "channel switching" technology, which will be introduced in upcoming Firefox builds, head of the about: config and create a new string that app.update.desiredChannel named-value doesn't matter. Then open help > if Firefox and you will be able to switch the channel, but it doesn't do anything yet (image after the break). This hope that Firefox channel switching is smoother than Chrome.


The new if Firefox dialogs (obviously)


Channel switcher in the current Nightly build

Tags: alpha, apps, aurora, beta, browser, Channel 5, firefox, firefox, firefox 6, Firefox5, Firefox6, mozilla, nocturnal, web


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Opera 11.10 contains enhanced power management

by Lee Mathews on April 7, 2011 at 9opera 11.10 battery power: 00 recently, Opera 11.10 release candidate was made available for download. It attracted a handful of important feature additions--as HTML5 file API support and IMAP improvements--and lots of bug fixes. Nestled among the other details of the Opera team's announcement is a more interesting tidbits: Opera 11.10 offers better battery optimizations.

The timing here is really interesting, with Microsoft's latest report on how much power Web browser top five consumes. Opera 11 was quite low positions in its findings. While we have not seen any new benchmarks yet, we're curious to know whether Opera 11.10 RC offers some significant gains.

If you are running Opera 11.10 on a laptop, let us know if you see an improvement in battery life while you browse! Tags: apps, barracuda, battery, browser, browsers, efficiency, green, laptop, linux, mac, opera, opera (10), Opera (10), power savings, PowerSavings, web, windows


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2011年8月10日星期三

GNOME 3 released and caretakers in an interesting mixture of iOS and OS X

by Sebastian Anthony on April 7, 2010 at 06GNOME 3 desktop manager: 40 AM GNOME 3, after more than two years of development, has been released into the wild. GNOME 3 is not only a logical successor for GNOME 2: it is a whole new project, started from scratch, creating a "totally new, modern desktop designed for today's users and technology."

The best way to check out GNOME 3 new features--and it has plenty of new features – is to run a live version of openSUSE or Fedora, or simply go over to GNOME 3 site and look at the (quite reasonably) introductory videos. If you want a synopsis, here it is: GNOME 3 similar to Mac OS X, with a healthy vaniljsockret of iOSesqueness for good measure, but are nonetheless still somehow an underlying sense of Linux.

The overall aesthetic is very simple, very elegant, and despite the fact that one of the fashion, it is enough with rounded corners, too. The most important extension is workflow-wise, the addition of an app-launcher-cum-alt-tab screen, where you can launch apps or flip through open Windows. For a complete list of new features and changes, please check the GNOME 3 release notes.

Although GNOME 3 officially started, it is not actually all releases for existing, stable Linux Distros--it is a live CD/USB slides, or Ubuntu users must wait for the launch or 11 for a GNOME 3 PPA, but is interrupted in process. Fedora users must wait for the May 24 release of Fedora 15. If you feeling crazy, you can of course always build GNOME 3 from source. Tags: desktop manager, DesktopManager, fedora, gnome, gnome 3, Gnomeprojektet, Gnome3, GnomeProject, linux, opensuse, ubuntu, window managers, WindowManager


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Skype for Linux Gets a refresh after almost 15 months

by Vlad Bobleanta on April 7, 2011 at 3: 00 PMSkype for Linux download page
Shows how much it cares about the people who use their app on Linux, Skype, has released version 2.2 for Linux. Do not run against the champagne, as this is still a beta, and that its audit number suggests, is not the very long awaited major new version that achieve feature parity with its Windows and Mac brethren.

It has only been what, almost 15 months since the last beta version of Skype for Linux? Well, during this time has Skype's main focus clearly improved its Linux app, because the new version fixed the incredible number of 49 bugs. It also leads 23 "improvements", and that still manages to somehow still has a fair share of "known issues". Exciting, no?

What is perhaps the most important function extension this is the support for Skype Access. This allows you to easily connect to paid Wi-Fi hotspots across the world while paying for them with Skype credit. Skype for Linux has also been supported for call waiting and holding, hosting easy Conference. Audio and quality has been improved (hopefully in a way that will be felt in daily use) and some of the languages that have been updated.

Download Skype 2.2.0.25 for Linux Tags: apps, audio, call hold, call waiting, CallHolding, CallWaiting, Conference calling, ConferenceCall, Linux, skype, skype 2.2 beta, skype 2.2 for linux, skype access, skype for linux, Skype 2.2 Beta, Skype 2.2 ForLinux, SkypeAccess, SkypeForLinux, video, voip


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Microsoft Office 2011 SP1 for Mac arrives next week with Outlook improvements

by Samuel Gibbs on April 7, 2010 at 03:Microsoft Office 2011 for Mac SP145 AM Microsoft Business Unit, Mac software arm Redmond-based software giant, is set to release their first Service Pack for Office 2011 for Mac. Like most updates of this nature will SP1 to address a myriad of bugs and role in most of the hotfixes that preceded it into a single, easy to install package.

SP1 will also address the Outlook syncing support, with BU add calendar support for Sync Services so you can finally sync Outlook calendars with iCal and other local calendars syncing iDevices connected via iTunes. Office 2008 learning was one of the features that have been removed in Entourage to Outlook switch, so it is nice to see it finally make an appearance in Outlook. Ironic is that Outlook will no longer be able to synchronize your MobileMe calendar when it is upgraded to the new version 5 may or before if you have jumped the gun early, as Apple has removed Sync Services support from MobileMe by turning to CalDAV. Nothing to do with Microsoft here, of course, and it should not be long before something may be developed.

Outlook has also been the best with the ability to edit the server-side Exchange rules, something that our friends at TUAW pointed out, has been missing on the Mac since the Office 2001 for Mac OS 9. E-mail redirection, and submit buttons has also made an appearance, so that you can send e-mail to the intended recipient without getting caught in the email chain for answers. Excel Download also some love from the SP1 with enhanced Solver integration support, which should be useful when trying to use formulas in Excel.

You see that the Microsoft Autoupdate update on your Mac that begins next week, or visit the Microsoft Mac update manually when it becomes available. Tags: apps, Microsoft, Office 2010, Office 2010 SP1, Office2011, Office2011Sp1, OS X, OsX, productivity, Service Pack, ServicePack


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New software uses facial recognition to defend against prying eyes

by Lee Mathews on April 7, 2011 at 1001: having the right software and hardware to keep information on your screen safe from prying eyes is never a bad idea, and new software from Oculis Labs offers a very interesting take on how to do just that. It's called PrivateEye, and it uses facial recognition to automatically Pixelate content on the screen when you look away.

If you step away from your system, and someone else decides to sit down and Poke, PrivateEye to present a confusing jumble of garbled text. It will also notify you if someone tries to peek over the shoulder--and show a picture of your peeping Tom, throw an alert or assign an alarm.

Check out the video embedded after the break and share your thoughts in the comments! Tags: apps, facial recognition, FacialRecognition, oculis, peeping tom, PeepingTom, privacy, privatreeye, security, windows


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Save your Gmail contacts will automatically disabled as well as numerous small updates

by Samuel Gibbs on April 7, 2011 atGmail auto-contact settings04: 45 The Gmail team has been busy in the background too late to deal with a plentiful supply of little petigheterna. First up on Hewing stone, it's annoying (or amazing, depending on how you look at it) AutoSave contacts feature, which has been the bane of the n-a-contact the dinky-freak (self included) since its inception. Google has now finally to an option to turn off the auto save feature connectors. It is available on the tab ' General ' in Gmail settings go ahead and welcome all who synchronize their phone contacts with Gmail contacts.

Gmail will now also like to point out something incorrectly specified e-mail addresses visually as opposed to simply tell something was wrong. This will be useful for anyone to deal with e-mail to a long list of recipients, as it should be much easier to spot the typo. Some of Gmail's error messages have also migrated from pop-up window messages that allow you to measure things easier, while that is still available on the task in hand. Gmail now also sends you back to the message, look at if you want to create a filter "messages such as these," a nice tweak that should save time.

If you are in your keyboard shortcuts, Gmail has now enabled by default and it is the shortcut key for help. Hit "SHIFT" and "?" together and you'll be presented with an overlay showing all the keyboard shortcuts that are available to increase your productivity. Last but not least, is the link "update" is now a button on to match the rest of the buttons on the toolbar. Uniformity in UI is important for a decent user experience and now Gmail match only a little more.

To check out these small changes, all you have to do is head to your Gmail and look around the user interface. Many people rely on every day Gmail in your browser, and these small but important changes, can make the difference between a slick and productive experience, and a slow and frustrating one.


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Angry Birds Rio catapults in the webOS App catalog

by Vlad Bobleanta on April 8, 2011 at 9: 40 AMAngry Birds Rio webOS
After being available for iOS and Android for around a couple of weeks, Angry Birds Rio, the latest edition of the casual gaming megahit, at last reached the webOS, too.

Angry Birds Rio has two sections containing over 60 new levels for the time being, but episodic updates are promised to arrive this year. Let us not forget that Angry Birds Rio for the biggest change to the franchise yet--you will no longer be geared for little green pigs. This time actually directed your anger against monkeys who is to blame for the hostage other hens in cages.

Buy Angry Birds Rio for webOS for $ 1.99 from webOS App catalog Tags: , angry birds, angry birds rio, AngryBirds, AngryBirdsRio, apps, games, gaming, webos


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First Firefox 6 build next week, Firefox may 7, and aurora channel imposed

by Sebastian Anthony on April 7, 2010 at 05:Firefox 5, 6, 7 and release channelspm Mozilla's Engineering Project Manager, Christian Legnitto, has detailed release schedule for Firefox 5, 6 and 7. If all goes to plan, makes Firefox 6.0 a1 area next week, April 12, and Firefox 7.0 a1 in mid-May, the final build of Firefox 5 should be released on June 21, exactly three months after the release of Firefox 4.

Together with Cadence faster 6 weeks release has Firefoxs new Chrome-like release channels also forenames and anticipated update frequencies. The most notable change is the introduction of a new alpha channel--equivalent to Chrome Canary--which will be called "aurora" and will update nightly. Aurora will be there fixes and features are being tested, and either approved for the Beta, or backed up to Central. Aurora will also have a new icon.

Nightly (mozilla-central) Canal will remain unchanged in name and often, but it will have a new "nightly icon." Beta (mozilla-beta) channel remains-is, with new builds rolling out every week. Release (mozilla-release) Canal also remains-is with security and stability updates every 6-12 weeks.

It should be noted that the names (including "aurora") is not necessarily final, but it is unlikely that they will change. We also await the arrival of the new "channel switching" technology, which is scheduled to arrive in the next few days--in time for the release of Firefox 6 aurora! Tags: aurora, beta, Channel 5, firefox, firefox, firefox 3, firefox 7, Firefox5, Firefox6, Firefox7, mozilla, nocturnal, release channel, Release Channel


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2011年8月9日星期二

CRIMINAL LAW:: Evidence sufficient to sustain the conviction of murder

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Office of the Clerk
Case Topics: Criminal
Information about WV Supreme Court cases in the area of criminal law


daily link ?Friday, February 1, 2008


CRIMINAL :: Numerous errors rejected, second degree murder

STATE v. ERIC ALLEN FOSTER, No. 33323 (Per Curiam)(Benjamin, J., disqualified)(Moats, Judge, by temporary assignment)(November 19, 2007)(Rehearing denied, January 10, 2008). Affirming an order of the Circuit Court of Nicholas County imposing two consecutive forty-year sentences upon jury conviction for two counts of second degree murder. Rejecting assertions that there was insufficient evidence of intent. Further holding that certain jury instructions and selection of certain jurors did not constitute plain error, and that there was no per se ineffective assistance of counsel.

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CRIMINAL :: Negligent homicide

STATE ex rel. NELSON, Prosecuting Attorney v. FRYE, No. 33499 (Per Curiam)(November 8, 2007). Denying a writ of prohibition sought to prevent dismissal of negligent homicide charges following a logging truck accident that resulted in the death of another driver. Holding that where the evidence showed that the truck driver was in excess of the recommended speed, but not over the speed limit, there was insufficient evidence of reckless disregard to sustain the charges.

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CRIMINAL :: Incest, sexual assault, double jeopardy

STATE v. JONATHON FREEMONT RAY, No. 33324 (BENJAMIN, J.)(Starcher, J., concurring)(Albright, J., concurring)(November 8, 2007). Affirming sentences upon multiple convictions for sexual assault, incest and other sex-based offenses imposed by the Circuit Court of Preston County. Rejecting defendant's assertion that consanguinity is an element of the offense of incest, and holding that the statutory definition of incest is met where the victims were stepchildren of the defendant's biological brother. Further rejecting the assertion that double jeopardy prevents convictions for sexual assault and incest arising from the same incident. Applying the Blockburger test to determine that each offense requires a separate element to be proven.

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CRIMINAL :: Sufficient evidence to support sexual abuse by custodian

STATE v. KENNETH RAY COLLLINS, No. 33300 (Per Curiam). Affirming a conviction and sentence imposed by the Circuit Court of Mingo County upon conviction for one count of sexual abuse in the third degree and one count of sexual abuse by a parent, guardian or custodian. Holding that the record ?- including evidence that the defendant "controlled and supervised the eleven year old girl on numerous, albeit temporary, occasions when he would take her away from home to go riding on his four-wheeler" -- reveals a sufficient basis for the jury to conclude that the defendant met the statutory definition of custodian.

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CRIMINAL :: Lesser-included misdemeanor, statute of limitations defense waived

STATE v. DANIEL B. BINGMAN, No. 33299 (Per Curiam)(Starcher, J., dissenting)(Albright, J., dissenting)(October 26, 2007). Affirming a conviction and sentence imposed by the Circuit Court of Gilmer County upon conviction for one count of petit larceny in violation of W. Va. Code 61-3-13(b). The indictment for grand larceny occurred more than one year after the offense. Holding that defense counsel failed to object to jury instructions on the lesser-included offense, thereby waiving any statute of limitations defense that could be asserted, in accord with rule announced in syllabus point 3 of STATE v. BOYD, 209 W. Va. 90, 543 S.E.2d 647 (2000).

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CRIMINAL :: Assessment of jury costs on defense counsel reversed

STATE EX REL. TERRON GODFREY v. ROWE, No. 33444 (Per Curiam)(Davis, C.J., concurring in part and dissenting in part)(October 16, 2007). Granting a moulded writ of prohibition to prevent enforcement of an order imposing jury costs on defense counsel following a mistrial. Holding that the trial court properly rejected defendant's assertion that the second trial was barred by double jeopardy. Further denying as premature relief sought in relation to a motion to join counts of a subsequent indictment and directing the circuit court to address the joinder motion.

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CRIMINAL :: No prejudice in trial court amending indictment

STATE v. RICHARD ALLEN HAINES, No. 33304 (Per Curiam)(October 12, 2007). Affirming an order of the Circuit Court of Hampshire County that imposed sentence upon a jury conviction for one count of felony delivery of a Schedule II controlled substance. Rejecting appellant's contention that the trial court erred in amending the indictment, which had erroneously identified methamphetamine as a Schedule I controlled substance. Holding that the trial court properly concluded that the amendment was not substantial and did not require resubmission to the grand jury in light of the fact that the appellant was not misled, there was no additional burden of proof, and he was not prejudiced as a result of the amendment.

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CRIMINAL, HABEAS CORPUS, ATTORNEYS :: Ineffective assistance of counsel in mercy phase

STATE EX REL. SHANE SHELTON v. PAINTER, Warden, No. 33322 (Per Curiam)(Maynard, J., concurring in part and dissenting in part)(Benjamin, J., concurring in part and dissenting in part)(November 21, 2007). Granting mixed relief from an order of the Circuit Court of Ohio County that denied a post-conviction habeas corpus petition after conducting an evidentiary hearing. After testifying at trial and admitting that he shot the victim, Shelton was convicted of first degree murder without mercy. Reviewing the single issue of ineffective assistance of counsel at trial, and holding that defense counsel betrayed his duty of loyalty to his client during closing argument by equivocating about whether his client deserved mercy, by failing to introduce any evidence in support of mercy, and by failing to make any meaningful plea for mercy, especially when combined with counsel's over-emphasis of his client's obvious guilt. Declining to remand for new trial on the issue of guilt, and requiring a limited new trial only on the penalty issue of whether Shelton should or should not receive mercy.

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CRIMINAL, EVIDENCE :: Improper search

STATE v. KENNETH BOOKHEIMER and STATE v. JESSICA TINGLER, Nos. 33289 and 33290 (Per Curiam)(Starcher, J., concurring)(Maynard, J., dissenting)(Albright, J., concurring)(Benjamin, J., dissenting)(November 8, 2007)(Rehearing denied, January 10, 2008). Reversing orders of the Circuit Court of Braxton County that imposed sentences on convictions of conspiracy and operating a clandestine drug laboratory. Holding that the circuit court erred by allowing introduction of evidence seized as the result of an illegal search. Holding that agitated behavior by a resident upon the officer's arrival after receipt of a call regarding a domestic dispute did not create an emergency or exigent circumstance justifying warrantless entry into the mobile home. Neither party consented, officers were asked to leave, and there was no indication that a protective sweep was warranted or justified. Remanded for a new trial.

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CRIMINAL, EVIDENCE :: 404(b) violations during cross-examination of defendant

STATE v. DAVID NELSON, No. 33188. (Per Curiam)(Maynard, J., dissenting)(Starcher, J., concurring)(October 30, 2007). Reversing jury convictions of six felony offenses related to the death of Wanda Lesher, upon which the defendant had been sentenced to two terms of life without mercy, among other sentences to be served consecutively, on the basis that the defendant was denied a fair trial. Where defendant relied upon an alibi defense and testified at trial, it was error to permit the State on cross-examination to raise alleged acts of past misconduct that were unverified, inflammatory and not subjected to the requirements of Rule 404(b). The alleged acts were also not admissible in the context of rebuttal upon the issue of character.

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CRIMINAL, JURY :: New trial awarded due to juror misconduct

STATE v. DANNY L. CECIL, No. 33298 (Per Curiam)(Maynard, J., dissenting)(November 21, 2007). Reversing an order of the Circuit Court of Putnam County imposing sentence upon jury convictions for multiple sex crimes. Rejecting several trial errors, including an assertion that the trial court improperly limited a defense expert with statistical evidence tending to undermine the veracity of assertions of sexual abuse victims. Reversing and remanding for a new trial in light of multiple instances of juror misconduct including investigation extrinsic to the deliberation process and one juror who contradicted the court's instructions on the weight to be given to testimony of witnesses. Remanded for new trial.

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CRIMINAL, JURY :: Juror who worked with law enforcement properly seated

STATE v. WILLIAM MILLS, JR., No. 33340 (Per Curiam)(October 25, 2007). Affirming an order of the Circuit Court of Kanawha County that imposed sentence upon a jury conviction for delivery of a controlled substance. Rejecting appellant's contention that the trial court erred in refusing to strike a juror for cause. The juror was in uniform as a medic for county emergency services and also served on a volunteer fire department with a potential state witness. Concluding that the appellant failed to demonstrate a disqualifying social relationship, and further failed to specifically inquire as to the nature of the juror's relationships with law enforcement officials, and that the juror was very clear about being able to remain impartial.

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HEALTH CARE :: Incest conviction precludes operating legally unlicensed health care home

PLUMLEY v. WEST VIRGINIA DEPT. of HEALTH and HUMAN RESOURCES/OFFICE of HEALTH FACILITY LICENSURE and CERTIFICATION, No. 33287 (BENJAMIN, J.)(Starcher, J., dissenting)(Maynard, J., concurring)(Albright, J., dissenting)(October 12, 2007). Reversing an order of the Circuit Court of Cabell County that reversed an administrative order requiring closure of a "legally unlicensed health care home" as defined in West Virginia Code of State Rules 64-50-2.6. Holding that a conviction for felony incest, as revealed by a CIB background check, is sufficient to trigger a regulatory bar on operating such a health care home, because the conviction constitutes a crime relevant for the provision of care to a dependent population within the scope of W. Va. C.S.R. 64-50-4.4 (1999).

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LOCAL GOVERNMENT, JAILS, PROCEDURE :: Regional jail fees

STATE EX REL. REGIONAL JAIL AND CORRECTIONAL FACILITY AUTHORITY v. COUNTY COMMISSION OF CABELL COUNTY, et al., No. 33347 (ALBRIGHT, J.)(Starcher, J., concurring)(November 21, 2007)(Rehearing denied, January 10, 2008). Granting a moulded writ of mandamus in a dispute over payments by a county commission to the regional jail authority to cover the daily cost of housing county inmates. Addressing the Court's authority to issue moulded writ relief in cases having statewide impact and affecting the public interest, and holding that the county commission is obligated to pay assessed per diem charges, but that the regional jail authority must promptly meet and formulate a proposed legislative rule as provided for by W. Va. Code 31-20-10(h), addressing issues of uniformity, calculation of the per diem rate, and further clarifying the documentation surrounding any future rate increases.

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MOTOR VEHICLES, CRIMINAL :: Post-Stump pleas of nolo contendere

STATE EX REL. BAKER v. BOLYARD, Dir. Div. Motor Vehicles, No. 33303 (BENJAMIN, J.)(Starcher, J., dissenting)(Maynard, J., concurring)(October 30, 2007). Affirming an order of the Circuit Court of Greenbrier County that affirmed an administrative decision imposing a six-month driver's license revocation on December 9, 2005, upon receipt of a notification for magistrate court that the defendant entered a nolo contendere plea to first offense DUI. The fact that the plea took place between the Court's prior decision in STATE EX REL STUMP v. JOHNSON, 217 W.Va. 733, 619 S.E.2d 246 (2005) and the May 15, 2006 amendment to W. Va. C.S.R. 91-5-14.1 means that the revocation was automatic upon notification of the nolo contendere plea.

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First seven opinions of end of September 2008

The Secretariat
Topics of criminal case:
Information about cases of WV Supreme Court in the area of criminal law


daily link ?Thursday, October 16, 2008



The items on this page are archived by day they are posted. Use the calendar to browse posts per day.
OPINION SURVEY
Full-text opinions
Research of
1991-presentCourt rules
Links to rules
Links to forms of Conference and argument
Calendar
Live Webcast LINKS TO LAST 50 posts in this category

See this page as XML [RSS 0.92]:
Click to see the XML version of this web page..

This page is based on a modified version of the theme jenett. radio. simplicity. 1.3 R to Radio Userland.

View the original article here