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10 Dogs That Are Better at Winter Than You

Written By Bersemangat on Kamis, 24 Januari 2013 | 17.56

Winter is the worst. The nippy temperatures, leg-breaking ice patches and booger icicles -- no matter how many layers of fleece you pile on, you can't escape Jack Frost's favorite season.

As humans grumble and shiver through January and February, our best furry friends delight in winter's chilly offerings. Be it snow or ice, dogs find a way to have fun and make winter look easy.

[More from Mashable: Inauguration Interview Fail Will Leave You With No Hope]

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[More from Mashable: Twitter Has Meltdown Over Beyonce's Lip Syncing Scandal]

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BONUS: Woof! These 15 Slush Puppies Are Crazy About Snow

Click here to view the gallery: Snow Dogs

Image courtesy of Flickr, brucemckay

This story originally published on Mashable here.


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Me-no-w! New Zealand Man Wants to Ban Cats

From Instagram star Snoopy to Facebook personality Colonel Meow, the Interwebz loves its felines.

One man in New Zealand clearly doesn't share the sentiment, since he's putting out a nationwide call to eradicate cats. Maybe he's just never had his heart melt at the sight of Maru in a box.

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Why would anyone wish such a horrible thing? According to Gareth Morgan, a New Zealand businessman, a cat-free country would bring bird songs back to cities and improve native bird life. Check out his infographic below explaining why they're so awful (complete with a cartoon cat that says, "I Love to Kill!").

[More from Mashable: 9 Funniest People on the White House Tour]

On Twitter, Morgan created #catstogo to spread the campaign, but parody account @NotGarethMorgan provides hilarious insight into what might really be going on in Morgan's head.

New Zealand has the most cat owners in the world with 1.419 million Kiwi kitties, says a study by the country's Companion Animal Council. As a result of the large numbers, the cats pose a threat to native birds and have already contributed to the extinction of nine species on the island.

Aside from getting a bell for your pet, neutering it and keeping it inside, Morgan encourages people to "make this cat your last."

What would Grumpy Cat say?

Learn more about the damage cats do to our wildlife in New Zealand

BONUS: Awww, 6 Kids Who Will Grow Up to Be Cat Lovers

Click here to view the gallery: Cat, Baby Cuddles

Photo courtesy of Flickr, studio-d

This story originally published on Mashable here.


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ITC to review Apple patent complaint against Samsung

WASHINGTON (Reuters) - A U.S. trade panel that specializes in patent disputes will review a potentially key decision in the patent fight between Samsung Electronics and Apple Inc over smartphones and tablets.

The panel, the International Trade Commission, also sent part of the dispute back to judge, who ruled in October that Samsung, the world's top maker of smartphones, infringed four Apple patents but did not violate two others.

The full commission said on Wednesday it would review the judge's decision, and asked the agency judge to take a second look at portions of two patents where he had found that Samsung infringed.

One of the patents in question allows the use of a headset with the smartphone while the other allows the device to show an image on a screen with a second, translucent image over it.

Apple had filed a complaint in mid-2011, accusing Samsung of infringing its patents in making its Captivate, Transform and Fascinate smartphones, as well as the Galaxy Tablet.

Apple is waging war on several fronts against Google, whose Android software powers many of Samsung's devices. The battles between Apple and Samsung have taken place in some 10 countries as they vie for market share in the booming mobile industry.

The case at the International Trade Commission is No. 337-796.

(Reporting By Diane Bartz; Editing by Bernard Orr and Steve Orlofsky)


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Netflix in surprise holiday-driven profit, shares jump 35 percent

(Reuters) - Netflix Inc surprised Wall Street on Wednesday with a quarterly profit after the video subscription service added nearly 4 million customers in the United States and abroad, sending its shares 35 percent higher in after-hours trading.

The dominant U.S. video rental and streaming company had warned three months ago a letter to investors that it was likely to see a loss for the October to December period, attributing it to startup costs for its expansion into Scandinavia.

But Netflix underestimated the impact of the busy holiday season, when sales of tablets, phones and Internet-connected TVs helped boost subscriptions even as the company faced competition from companies such as Hulu and Amazon.com Inc.

Netflix reported $8 million in net income for the fourth quarter, or 13 cents per share. Revenue rose 8 percent to $945 million from the same quarter a year earlier.

"We just saw tremendous growth over the holidays," Netflix CEO Reed Hastings said in an interview.

The company also forecast it will add 1.7 million members in the first three months of 2013, though it predicts net income will be "relatively flat" due to declining DVD profits and higher global operating costs.

Shares of the company surged 35 percent to $139.80 in after-hours trading. They closed at $103.26, up nearly 6 percent before its earnings announcement.

"They did surprisingly well with subscriber growth and profitability," Lazard Capital Markets analyst Barton Crockett said. "It was a very good quarter."

Wall Street analysts on average had expected Netflix to report a quarterly loss of 13 cents per share, according to Thomson Reuters I/B/E/S. A year ago, Netflix had earnings of $41 million, or 73 cents per share, on revenue of $876 million.

Activist investor Carl Icahn, who holds an almost 10 percent stake in Netflix and who has said that he felt the company was an attractive takeover target, has seen the value of his shares increase by $445.3 million to $768.9 million since he started buying them in September.

"We have no further news about his intentions, but have had constructive conversations with him about building a more valuable company," Hastings and CFO David Wells said in a quarterly letter to investors.

Netflix reported full-year net income of $17 million in 2012, a 92 percent decrease from a year earlier as the company's costs increased, on revenue of $3.6 billion.

SEEKING ORIGINAL CONTENT

Skeptics have questioned Netflix's ability to keep writing large checks to Hollywood TV and movie studios for the rights to their content. In addition to Amazon and Hulu, competitors also include Redbox Instant by Verizon, a joint venture between Coinstar Inc's Redbox and Verizon, plus video-on-demand offerings from cable TV providers.

But the Los Gatos-based company said it added 2.1 million customers during the fourth quarter to its U.S. streaming business, its largest segment, for a total of 27.2 million at the end of 2012. In international markets, the company signed up 1.8 million new customers.

Netflix said it expects more U.S. streaming growth in the first three months of 2013 compared with a year ago. The company next week will release the first 13 episodes of its political drama "House of Cards" starring Kevin Spacey, part of its push into exclusive original series that it hopes will bring in new customers.

"The fact that our growth remains this strong despite intensifying competition, and our already substantial U.S. market penetration, underlines the large opportunity ahead," the letter said.

In December, Netflix signed a deal for exclusive rights to new Walt Disney Co movies starting in 2016. Hastings said he would like to strike the same type of arrangement to stream movies from Sony Corp's movie studio, though he added that "there's no specific piece of content we must have."

With Sony, "our appetite's just like it was for Disney. It's strong. We're interested," he said.

The U.S. DVD-by-mail service, which Netflix is moving away from, shrunk by 380,000 customers in the fourth quarter to 8.2 million.

(Reporting by Lisa Richwine in Los Angeles and Sinead Carew in New York; Editing by Phil Berlowitz and Edwina Gibbs)


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Apple's iPhone disappointment fans doubt on growth

SAN FRANCISCO (Reuters) - Apple Inc missed Wall Street's revenue forecast for the third straight quarter after iPhone sales came in below expectations, fanning fears that its dominance of consumer electronics is slipping.

Shares of the world's largest tech company fell 10 percent to $463 in after-hours trade, wiping out some $50 billion of its market value - nearly equivalent to that of Hewlett-Packard and Dell combined.

On Wednesday, Apple said it shipped a record 47.8 million iPhones in the December quarter, up 29 percent from a year earlier. But that lagged the 50 million that analysts on average had projected.

Expectations heading into the results had been subdued by news of possible production cutbacks by some component suppliers in Asia, triggering fears that demand for the iPhone, which accounts for half of Apple's revenue, and the iPad could be slowing.

But some investors clung to hopes for a repeat of years of historical outperformance, analysts said.

"It's going to call into question Apple's dominance in the space. It's still one of the strong players, the others being Samsung and Google. It's still a two-horse race, but Android continues to grow rapidly," said Sterne Agee analyst Shaw Wu.

"If you step back a bit, it's clear they shipped a lot of phones. But the problem is the high expectations that investors have. Apple's conservative guidance highlights the concerns over production cuts coming out of Asia recently."

Apple is forecasting revenue of $41 billion to $43 billion in the current, second fiscal quarter, lagging the average Wall Street forecast of more than $45 billion.

Fiscal first-quarter revenue rose 18 percent to $54.5 billion, below the average analyst estimate of $54.73 billion, though earnings per share of $13.81 beat the Street forecast of $13.47, according to Thomson Reuters I/B/E/S.

Apple also undershot revenue targets in the previous two quarters, and these results will prompt more questions on what Apple has in its product pipeline, and what it can do to attract new sales and maintain its growth trajectory, analysts said.

Net income of $13.07 billion was virtually flat with $13.06 billion a year earlier on higher manufacturing costs. The year-ago quarter also had an extra week compared to this year.

Gross margins consequently slid to 38.6 percent, from 44.7 percent previously.

"You can't just keep rolling out iPhones and iPads and think that everybody needs a new one," said Jeffrey Gundlach, who runs DoubleLine Capital LP, the $53 billion bond firm. "The mini? What is that all about? It is a slightly smaller iPad — so what? So that is our new definition of innovation?"

"There are plenty of competitors like Samsung and other legitimate competitors like them," added Gundlach, one of the highest-profile Apple bears. He maintains a $425 price target.

Taking into account the drop in shares in Wednesday's after-hours trading, Apple's stock is now down 34 percent from its September record high and the company has lost about $227 billion in market value.

Shares of several of Apple's suppliers crumbled. Chip suppliers Skyworks and Cirrus Logic both fell more than 6 percent. Qualcomm Inc slipped 1.8 percent.

CHINA IS NEXT BIG GROWTH DRIVER

Intense competition from Samsung's cheaper phones - powered by Google's Android software - and signs that the premium smartphone market may be close to saturation in developed markets have also caused a lot of investor anxiety.

Meanwhile, sales of the iPad came in at 22.9 million in the fiscal first quarter, roughly in line with forecasts.

On the brighter side, Chief Financial Officer Peter Oppenheimer told Reuters that iPhone sales more than doubled in greater China - a region that Apple Chief Executive Tim Cook has vowed to focus on as its next big growth driver.

The company will begin detailing results from that country going forward. Revenue from the region totaled $7.3 billion, up 60 percent from the year-ago December quarter.

"These results were OK, but they definitely raised a few questions," said Shannon Cross, analyst with Cross Research. "Gross margin trajectory looks fine so that's a positive and cash continues to grow. But I think investors are going to want to know what Apple plans to do with growing cash balance."

"And other questions are going to be around innovation and where the next products are coming from and what does Tim Cook see in the next 12 to 18 months."

ADDRESSING PRODUCTION RUMORS

In an unusual move for Apple, which typically does not respond to speculation, Cook addressed the production cutback rumors at length on the conference call and questioned the accuracy of rumors about its plans.

Media reports earlier this month said the company is slashing orders for iPhone 5 and iPad screens and other components from its Asian suppliers.

"Even if a particular data point were factual, it would be impossible to accurately interpret the data point as to what it meant for our overall business, because the supply chain is very complex," he said, adding that Apple has multiple sources for components.

"Yields might vary. Supplier performance can vary. The beginning inventory positions can vary. There's just an inordinately long list of things that would make any single data point not a great proxy for what's going on," he said.

Apple's initial iPhone and iPad mini sales were hurt by supply constraints, but Cook expects supply to balance demand for the iPad mini this quarter. He also acknowledged that iPad was cannibalizing its high-margin Macintosh computers, but said it was a huge opportunity for the company.

"On iPad in particular, we have the mother of all opportunities here, because the Windows market is much, much larger than the Mac market is," he said. "And I think it is clear that it's already cannibalizing some."

In another departure from tradition, Apple intends to tweak the way it both reports results and publishes forecasts.

Apart from breaking out results from China, the company also will no longer provide a single revenue or gross margin outlook. From Wednesday, it began providing the range it expects to hit, rather than the often-ludicrously conservative estimates that Apple was once notorious for.

The new policy took many by surprise.

"Before people could always ignore the guidance," said Dan Niles, Chief Investment Officer of AlphaOne Capital Partners, LLC. "Apple is telling investors that they need to pay attention to the guidance and you can't ignore it, which is basically what we all did in the past."

(Additional reporting by Alistair Barr and Alexei Oreskovic in San Francisco and Jennifer Ablan in New York; Editing by Bernard Orr, Edwin Chan and Ryan Woo)


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Inauguration Interview Fail Will Leave You With No Hope

Written By Bersemangat on Rabu, 23 Januari 2013 | 17.56

Did you see that Beyonce concert on TV yesterday afternoon? Her opening act was some guy named Barack Obama.

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If you shook your head at any time while reading the last two sentences, then stretch your neck before pushing play on the video above. You might just shake your head right into a neck brace.

SEE ALSO: 'So Help Me Internet': Funniest Inauguration GIFs and Pics

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Chicago station WGN conducted a facepalm-worthy interview with enthusiastic Obama supporter, Melanie. The flag-wielding inauguration attendee shared her wise observations from the festivities -- just don't ask her about what Obama actually spoke about.

BONUS: 12 Weirdest Things That Look Like U.S. Presidents

Click here to view the gallery: Weird Things That Look Like Presidents

Image courtesy of Flickr, White House/Pete Souza

This story originally published on Mashable here.


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Everything You Need to Know About Kim Dotcom's Mega

Click here to view the gallery: Hands On With Mega

Mega -- the long-anticipated file sharing and cloud storage site from Kim Dotcom -- is now open to the public.

[More from Mashable: Google Glasses Spotted and Two Other Stories You Need to Know]

Thanks to its association with the now-defunct Megaupload -- and the legal issues facing its founder Kim Dotcom -- the amount of press, user interest and hype surrounding Mega is greater than any file hosting/cloud storage launch in recent memory.

According to Dotcom, more than 1 million users signed up for Mega in the first 24 hours. On Twitter, the larger-than-life entrepreneur has continued to share usage stats and traffic graphs that compare Mega with perennial cloud favorite, Dropbox.

[More from Mashable: 9 Fresh YouTube Shows You'll Love]

If you're curious about the inner workings of Mega, how it works and how it handles security, we've got you covered.

The Phoenix of Megaupload

Mega is the spiritual successor to Kim Dotcom's last business, the insanely popular file-hosting service Megaupload. Last year, the U.S. Department of Justice shut down Megaupload and pursued criminal charges against Dotcom. Dotcom, a New Zealand citizen, is actively fighting U.S. extradition orders.

Megaupload was targeted by the DoJ because of its role in illegally distributing copyright material -- including digital copies of movies, TV shows, books, music and software.

Rather than try to start a new service eschewing the potential for copyright material to be uploaded and shared, Dotcom is positioning Mega as a service that cares about and protects its user's privacy. In fact, Mega's tagline is "the privacy company."

How It Works

On the surface, Mega is a bare-bones cloud storage host. After signing up for accounts, users can upload files and folders of all types to the service. Those files can then be shared with others.

The free plan gives users 50GB of file storage. There are no hard limits on file size, meaning users can use Mega as a way to back up photos, documents and other data. Obviously, this means users can use Mega as a way to store media content -- video files, music, DVD images -- as well.

For now, Mega is optimized to work on desktop web browsers. Mega strongly encourages users to use Google Chrome. And while Mega has big plans for developers and client-side apps, for now, the only way to access files is via the web browser.

Files can be uploaded to the service using drag and drop or a file-upload menu. Users can create folders in the file manager.

Uploads and downloads take place in parallel. If you upload a large number of files at once, each file uploads one at a time. In the future, Mega says users will be able to change the upload order. If you need to upload or download multiple files at once, simply open a new Mega tab in your browser and select that file.

You can upgrade to a higher-tiered storage plan from within your account. Mega doesn't sell these plans itself; instead it has resellers who sell vouchers for a service. A 500GB storage plan with 1TB of enhanced bandwidth is 9.99 euros a month or 99 euros a year (a little over $110 U.S. dollars). That's cheaper than most of its competitors.

The Importance of Passwords

It's very important to remember the password you select when setting up your Mega account. The password is a big part of how Mega encrypts data on both ends.

During the sign-up process, Mega uses your password to create a 2,048-bit RSA key. This is the key that tells the system you are who you say you are. If you forget your password, you're not going to be able to get into your account.

Right now, Mega doesn't even have a password reset or recovery feature. In the future, Mega says it will have a reset mechanism but it will only allow users access to files or folders they have file keys for (more on file keys below). Users won't be able to access other files until or unless they remember their password.

Because your Mega password is also your master encryption key, it's important that users choose a secure password. We recommend using a password manager and printing a copy of the password to store in a safe place.

Understanding File Security

Mega is focused on end-to-end encryption. This means that files are encrypted both on upload and on download. With most traditional file hosts or cloud storage lockers, a public link to a file also includes a file path. With Dropbox, for example, the public or shared link includes the file name.

With Mega, things are a bit different. While users can share specific files to other Mega users or via email, the URL to a file doesn't contain a file name; instead, a cryptographic key is appended to the URL. Without this key, you can't access the file. Once decrypted by the server, a user has the option to download the linked file.

Mega's promise, in other words, is that users control who has access to their files and accounts and no one else.

For important files or folders, users might want to make a note of the file key and keep it in a safe place -- if they are worried about getting locked out of their account.

How Safe Are Your Files

Since Mega is touting itself as "the privacy company," it's important to look at how the company stores files and content.

The end-to-end encryption scheme is only part of how Mega secures data. Still, some are already criticizing the service, noting that it's not as secure as it says it is. An article for Forbes cites two professionals who have problems with Mega's security.

Matthew Green, a cryptography professor at John Hopkins University, is particularly critical of the way Mega uses JavaScript to verify its encryption method telling Forbes that "it makes no sense."

Mega has responded to Green's claims on its own blog, noting that its scheme "basically enables us to host the extremely integrity-sensitive static content on a large number of geographically diverse servers without worrying about security."

Meanwhile, at Ars Technia Lee Hutchinson raises concerns about how Mega comes up with its crypto key at sign-up, as well as how the company handles deduplication, or how it eliminates duplicate copies of data.

Again, Mega has taken to its blog to attempt to clarify its policies and the way it handles data.

While Mega's crypto system certainly doesn't seem any less secure than any other file locker, we do agree with critics who note that the system might be more about giving Mega culpability against claims that it knows infringing content is on its servers, rather than about protecting that data itself.

The service is still in beta and much of its code is available via open source, so security purists might want to watch how Mega's system evolves before trusting it with important, sensitive data.

Will Mega Stick Around?

While security experts can quibble and argue over the way Mega uses cryptography and how it stores data on its array of servers, the bigger issue, for us, is long-term survival.

While I would argue that most users who actively used Megaupload were not using it as a traditional cloud service, the fact remains that when the service was shut down, user files went with it.

Already anti-piracy groups are campaigning to shut down payment processors to Mega's resellers. One of the reasons Mega isn't taking payments itself and is instead using resellers is to prevent those groups from shutting down payment processors or trying to seize funds.

This is worrisome because in addition to outside capital, Mega needs professional accounts to keep its site working.

It's too early to say if Mega will be around for the long haul or not, but our advice is not to use Mega as your only file storage solution. Keep backups of crucial files on disk or other cloud-based services.

What do you think of Mega? Let us know in the comments.

This story originally published on Mashable here.


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Google's fourth-quarter results shine after ad rate decline slows

SAN FRANCISCO (Reuters) - Revenue from Google Inc's core Internet business outpaced many analysts' expectations during the crucial holiday quarter and advertising rates fell less than in previous periods, pushing its shares up roughly 5 percent.

The world's largest Internet search company introduced new product listings during the fourth quarter - typically its strongest - and also benefited from business growth in international markets, analysts said.

Excluding traffic-acquisition costs, the business generated net revenue of $9.83 billion, up from $8.13 billion a year earlier, Google reported on Tuesday. That surpassed a $9.6 billion average forecast from six analysts polled by Reuters.

"Business looked really strong, especially from a profitability perspective. They really grew their margins in the core business," said Sameet Sinha, an analyst with B. Riley Caris. "Most of that strength seems to be coming from international markets which grew revenues quite substantially: up 23 percent year over year, versus the 15 percent growth in the third quarter."

Average cost-per-click, a critical metric that denotes the price advertisers pay Google, declined 6 percent from a year ago, the fifth consecutive quarter of decline but an improvement over the third quarter's 15 percent slide.

Google executives told analysts on a conference call that policy changes related to the quality and quantity of ads appearing on certain of its Web properties had helped shore-up click prices while lowering the overall growth rate of paid clicks in the holiday quarter.

"Click prices are still declining, but it's better than expected," said BGC Partners analyst Colin Gillis.

The decline in Google's click prices is partly a result of consumers' shift to smartphones, where Google's ad rates are lower than those on Google's standard website.

Google cited growing demand for its spectrum of online advertising services, including mobile ads, display ads, video ads and its newly-launched product listings, though the company did not provide specific financial results for the individual businesses.

"More small enterprises increasing their spending collectively on Google's various products," continues to drive Google's growth, said Pivotal Research Group Analyst Brian Wieser.

MOTOROLA MOBILITY "STILL LOSING MONEY"

Investors shrugged off another quarterly loss at the Motorola Mobility mobile phone business Google acquired last year, one of various "big bets" that Google Chief Executive Larry Page has made to better position the company for a changing technology landscape defined by mobile gadgets and social networking.

"We now live in a multi-screen world," said Page, adding that "we feel naked without our smartphone."

Page said that Google had work to do in "managing our supply better as well as building a great customer experience," but said Google remains squarely focused on opportunities around newfangled devices such as smartphones.

Asked about the potential threat from Facebook Inc's recently-launched social networking search product, Page cited Google's years of online search experience and innovations such as voice-based search.

Consolidated net income in the fourth quarter was $2.89 billion or $8.62 per share, compared with $2.71 billion, or $8.22 per share, in the year-ago period when Google had not yet acquired Motorola.

Excluding certain items, Google said it earned $10.65 per share in the fourth quarter.

"The core business is a great business and the fourth-quarter is always a time for Google to shine. However, Motorola is still losing money and click rates still declined. They only declined 6 percent, but go back four or five quarters and click prices were improving. So mobile is still pressuring click prices," Gillis said.

The company posted consolidated revenue - which includes its Motorola Mobility mobile phone business but not the television set-top box business it recently agreed to sell - off $14.42 billion on Tuesday.

Motorola Mobility had an operating loss of $353 million during the quarter.

Google Finance Chief Patrick Pichette warned of more fluctuations in Motorola's financial results in the coming quarters as Google continues to restructure that business.

And he noted that Google was working through 12 months to 18 months of product pipeline that Google inherited in the acquisition.

Google announced plans to sell the Motorola Home television set top box business to Arris Group Inc for $2.35 billion. The company also has said it is focused on developing a smaller line-up of products in the mobile phone business.

Shares of Google rose roughly 5 percent to $738.20 in after-hours trading on Tuesday.

(Reporting By Alexei Oreskovic; Editing by Bernard Orr)


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Steve Jobs threatened patent suit to enforce no-hire policy: filing

SAN FRANCISCO (Reuters) - Apple co-founder Steve Jobs threatened to file a patent lawsuit against Palm if that company's chief executive didn't agree to refrain from poaching Apple employees, according to a court filing made public on Tuesday.

The communication from Jobs surfaced in a civil lawsuit brought by five tech workers against Apple Inc, Google Inc, Intel Corp and others, alleging an illegal conspiracy to eliminate competition for each other's employees and drive down wages.

The defendant tech companies have attempted to keep a range of documents secret. However, U.S. District Judge Lucy Koh in San Jose, California rejected parts of that request, which led to details of Jobs' 2007 communications with then-Palm chief executive Edward Colligan becoming part of the public record.

Jobs proposed eliminating competition between the two companies for talent, according to a sworn statement from Colligan cited by the plaintiffs.

"Mr. Jobs also suggested that if Palm did not agree to such an arrangement, Palm could face lawsuits alleging infringement of Apple's many patents," Colligan said in the statement.

An Apple representative could not immediately be reached for comment on Tuesday. A spokesman for Hewlett-Packard Co, which acquired Palm, also could not be reached.

Colligan told Jobs that the plan was "likely illegal," and that Palm was not "intimidated" by the threat.

"If you choose the litigation route, we can respond with our own claims based on patent assets, but I don't think litigation is the answer," he said.

In 2010, Google, Apple, Adobe Systems Inc, Intel, Intuit Inc and Walt Disney Co's Pixar unit agreed to a settlement of a U.S. Justice Department probe that bars them from agreeing to refrain from poaching each other's employees.

The Justice Department and California state antitrust regulators then sued eBay Inc late last year over an alleged no-poaching deal with Intuit.

In a separate court filing on Tuesday, eBay asked a U.S. judge to dismiss the government's lawsuits, saying the company had done nothing wrong.

Antitrust law "does not exist to micromanage the interaction between the officers and directors of a public company," eBay said in its filing. A Justice Department spokesman could not immediately be reached.

Koh is currently mulling whether the civil lawsuit can proceed as a class action, which would give the plaintiffs more leverage to extract a large settlement. Plaintiff attorneys have estimated that damages potentially could run into hundreds of millions of dollars.

At court hearing last week, Koh cited emails between top executives as key evidence for plaintiffs, though the judge also said plaintiffs' economic analysis had "holes."

The Tuesday court filings detail how Google developed its no-hire agreements. When Google's human resources director asked then-chief executive Eric Schmidt about sharing its no-cold call agreements with competitors, Schmidt - now the company's executive chairman - advised discretion.

"Schmidt responded that he preferred it be shared 'verbally, since I don't want to create a paper trail over which we can be sued later?'" he said, according to the court filing. The HR director agreed.

In an email on Tuesday, Google spokeswoman Niki Fenwick said Google has "always actively and aggressively recruited top talent."

Schmidt is scheduled to be questioned by plaintiff lawyers next month.

The civil case in U.S. District Court, Northern District of California is In Re: High-Tech Employee Antitrust Litigation, 11-cv-2509.

(Reporting By Dan Levine; Editing by Daniel Magnowski)


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IBM's shines with fourth quarter, 2013 outlook

(Reuters) - IBM, the world's largest technology services company, gave a better than expected 2013 outlook after a solid fourth quarter that analysts say has more to do with Big Blue's smooth execution than a vibrant tech spending environment.

Companies had been widely expected to hold back on IT purchases in December in part because of worries about the so-called U.S. fiscal cliff. Automatic tax increases and spending cuts would have been triggered had Congress not made a deal to avert the cliff and could have pushed the weak U.S. economy into recession.

But International Business Machines Corp said on Tuesday that its quarterly results beat forecasts and it plans to achieve earnings of at least $16.70 a share for the full year, above analysts' consensus forecast of $16.57.

While some analysts said IBM's earnings may be a sign of an improved tech spending environment, others said the strong results were specific to IBM's business model.

"IBM is better positioned in a tough environment than most tech companies are," said Cindy Shaw, managing director at Discern.

IBM made a bold strategic move a decade ago when it bought PriceWaterhouse's consulting business and then decided to exit the PC business, betting its future was in finding solutions to business problems with the help of software and technology.

That strategy appears to have paid off.

"What IBM does better than anyone, with the exception of Accenture, is solving problems and I am not talking about taking out some costs, but really driving revenue," Shaw said.

In addition, she said, IBM was strong in "hot growth markets" such as data analytics, cloud computing, emerging markets and what IBM calls smarter planet, which aims to improve areas such as traffic, power grids and food production.

Sterne Agee analyst Shaw Wu agreed, saying the success appeared to be more specific to IBM than the industry in general.

"The results show that the IBM advantage and business model - vertical integration of hardware and software - is difficult to replicate," he said.

"IBM has been doing this the longest and customers are very accustomed to it. They have a much stronger offering and brand name."

As a result quarterly net income rose 10 percent to $6.1 billion, or $5.39 a share from $4.71 a year earlier. Revenue dropped 1 percent to $29.3 billion due to the sale of its retail business in the third quarter.

Analysts had expected the Armonk, New York-based company to report net income of $5.95 billion, or $5.25 a share, on revenue of $29.05 billion, according to Thomson Reuters I/B/E/S.

Revenue grew in particular because of an 11 percent increase in IBM's growth markets in Brazil, India, Russia and China.

Software revenue was up 3 percent in the quarter.

Some analysts said IBM's better than expected results were a sign that tech spending might not have been as bleak as expected.

"It is better than what people had feared," said Brian Marshall, an analyst at ISI Group.

"Virtually every segment did a little bit better than people expected. It supports the fact that things are getting better out there at least from a tech industry standpoint."

Andrew Bartels, an analyst with research firm Forrester Research, said: "We were expecting a lot of companies were sitting on their wallets until it became clear what was going to become of the fiscal cliff.

"Given the fact it's Q4 with a cloud of the fiscal cliff, it's a positive indication that tech software will be doing better in the next couple of months."

IBM shares rose more than 4 percent to $204.50 after closing at $196.08 on the New York Stock Exchange.

(Additional reporting by Jennifer Saba in New York and Alistair Barr in San Francisco; Editing by Richard Chang and Andre Grenon)


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