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Aug 10, 2011

Techcompany: The legal traps of leaping into the cloud, The tech bubble that never was, Are we searching ourselves into recession?



Thursday, August 11th 2011




In this week’s edition of TechCompany we delve into the dark side of cloud computing. SMEs are now moving into the cloud more than ever, but a panel of legal and tech experts have warned TechCompany readers to beware of the legal traps that exist for those who don’t read the fine print. And don’t miss our trip around the best tech stories from the web, where we discuss the recent concept of a tech bubble in light of recent market turmoil. And as usual, our bloggers have some essential lessons in tech, especially Chris Thomas, who asks whether we’re actually searching ourselves into a recession.




Patrick Stafford
Editor, TechCompany



BEST OF THE WEB: The tech bubble that never happened 
A large portion of the tech industry has been speculating on whether a bubble is about to pop. Read more



FIVE BYTES: Don’t forget the web laggards in your web strategy 
This week demographer Bernard Salt came up with an interesting theory that consumers in Australia are divided into two groups: the internet-savvy edgy and connected and the conservatives. Here's why you can't ignore either. Read more



FEATURE: The legal traps of cloud computing 
SMEs are setting themselves up for disaster by ignoring their legal obligations in the cloud. Read more



GADGET WATCH: Samsung Galaxy 10.1 
While critics say the Samsung Galaxy 10.1 is a rip-off of the iPad, others say it’s just as powerful and even better to use. So is the 10.1 for you? Read more



MY BEST TECH: Tristan White 
Physio Co founder Tristan White reveals how he keeps on top of his fitness schedule with this favourite iPhone app. Read more



Online Sales – Chris Thomas  
Are we searching ourselves into a recession? 
After all the recent sharemarket hoo haa I thought I’d check to see whether searches for “recession” were on the rise... and the short answer is yes. Read more



IT Systems – David Markus 
How can we get IT to drive profit? 
If your business model is sound, and you’ve developed the business and management to reach a point of profit, you already know that good systems add value. Read more



Internet Secrets – Craig Reardon 
Eight ways traditional retailers have it over their online competitors 
Most retailers have assets that online retailers may never be able to achieve. Read more



Facebook Know How – Lara Solomon 
Are you reaching friends of your page “Likers”? 
Every time a Liker interacts with your page it appears in their personal newsfeed where their friends can see it – so make your posts engaging! Read more



Business Tech Talk – Paul Wallbank 
Struggling with choices 
Making today's tough decisions is nothing compared to a century ago. Read more

The Australian Capital Circle: Carbon Debate Fires Up As Abbott Returns

Capital Circle Newsletter


Carbon debate fires up as Abbott returns
TONY Abbott is back from holidays and set to resume his campaign against the Gillard government's carbon tax.

Julia Gillard is in Esperance, Western Australia. She'll attend a community forum tonight on the carbon price, organised by the West Australian newspaper and Sky News. Earlier, she'll be talking about the government's support for a national disabilities insurance scheme. Her first event of the day will be mid-morning, WA time.
The Opposition Leader is refreshed and raring to go after a week-long family holiday in France and the UK. He's in Perth today, visiting a local manufacturer of environmentally-friendly products "that will be adversely affected by the carbon tax".
Hostilities resume: With Tony Abbott back in the country, the debate will shift once more to the government's carbon tax. The PM did well from the climate brawl suspension, chalking up some major policy announcements on health, aged care and disabilities. But there's only one issue the Opposition Leader wants to talk about.
Lifeline: Papua New Guinea has handed the Gillard government a second offshore processing option as its Malaysian Solution flounders in the High Court. A spokesman for new PNG PM Peter O'Neill said the time frame for the reopening was "Australia's call".
Blue line: The Department of Immigration and Citizenship is drawing up a memorandum of understanding with state and federal police forces that would see local police become involved in security at detention centres. The recent Villawood riots convinced authorities that changes to security arrangements were necessary, with clear lines of responsibility between the department, police and detention centre operator Serco.
No surrender: Civilian workers at the Department of Defence have voted to take industrial action for the first time in 20 years. They're among 75,000 APS employees who've rejected pay offers in the latest bargaining round. CPSU secretary Nadine Flood said industrial action would commence if there was no progress in pay talks this week.
Read more...
Mumble
Peter Brent
Peter Brent
Events, dear boy
You might have missed it, but a Newspoll came out yesterday. A standard one with no extras, and the numbers were pretty much a carbon…
More Peter Brent





Cisco Shares jumped 36%. After-hours Market Trading: MarketWatch | After - Hours Market Trading


By Benjamin Pimentel, MarketWatch 


SAN FRANCISCO (MarketWatch) — Shares of Cisco Systems Inc. jumped in after-hours trading on Wednesday after the tech giant reported slightly better-than-expected results despite posting a 36% drop in profit.
Cisco CSCO +7.02%  shares rose 10% in after-hours trading as the company’s fiscal fourth-quarter financials exceeded Wall Street’s projections. 
 
The real numbers behind Groupon Groupon may be the fastest-growing company in the history of mankind. But is some air coming out of the Groupon balloon? 

Chief Executive John Chambers touted the company’s bid to become a more competitive and agile competitor. But he also underscored the ongoing weakness in the public sector market.
The company reported a profit of $1.2 billion, or 22 cents a share, compared with a profit of $1.9 billion, or 33 cents a share, for the year-earlier period. Revenue rose slightly to $11.2 billion, from $10.8 billion. Adjusted income was 40 cents a share.
The company’s results included pretax charges of $772 million and $923 million, respectively, related to restructuring and other charges.
Analysts had expected the San Jose, Calif.-based networking gear company to post earnings of 38 cents a share, on revenue of $11 billion, according to a consensus survey by FactSet Research.
“As we start our next fiscal year, you will see a very focused, agile, lean and aggressive company, that is laser focused on helping our customers use intelligent networks to transform their businesses,” Chambers said in a statement.
Ticonderoga Securities analyst Brian White said in a note that “Overall, the print looks clean and reflects solid execution by the company in a challenging market environment.” 

Benjamin Pimentel is a MarketWatch reporter based in San Francisco.

The Economist | Selected new Articles: Buttonwood (looking for the bottom of the Market) / Blighty (London Burns) / Schumpeter ( Apple World's Biggest Public Company)... and More



Buttonwood: Looking for the bottom of the market

Blighty: London burns

Schumpeter: Apple becomes, briefly, the world's biggest public company

Democracy in America: Bachmann and the good book

Banyan: North Korean computer hackers

Johnson: The family tree of a mongrel language

Daily chart: How much of an iPhone is a Samsung?

Online debate: Is immigration bad for Europe?

Reuters - Daily Investor Update: Banks drag Wall Street lower as fear returns



News
LATEST NEWS
Banks drag Wall Street lower as fear returns
NEW YORK (Reuters) - Fear returned to Wall Street on Wednesday, sending the S&P 500 to another 4 percent decline, triggered by worries that Europe's debt crisis could engulf French banks and spill onto the U.S. financial sector. | Full Article

Most Americans say U.S. on wrong track: poll
August 10, 2011 04:21 PM ET
WASHINGTON (Reuters) - Economic fears are weighing heavily on Americans, with a large majority saying the United States is on the wrong track and nearly half believing the worst is yet to come, a Reuters/Ipsos poll said on Wednesday. | Full Article
Cisco's fourth quarter revenue beats view, shares firm
August 10, 2011 04:23 PM ET
SAN FRANCISCO (Reuters) - Cisco Systems Inc's quarterly revenue edged past Wall Street's expectations in a sign that IT spending held up despite warnings of a severe pullback, buoying its shares in extended trading. | Full Article
News Corp profit down as movies offset cable
August 10, 2011 04:27 PM ET
NEW YORK (Reuters) - News Corp reported a lower quarterly profit on Wednesday as weaker box office and DVD sales offset a strong performance by its cable and television business. | Full Article
Mutual fund outflows biggest since March 2009: ICI
August 10, 2011 04:33 PM ET
NEW YORK (Reuters) - Investors pulled the most money out of U.S. mutual funds in the week ended August 3 since the depths of the stock market collapse in March 2009, with net redemptions of $16.9 billion, data from the Investment Company Institute showed on Wednesday. | Full Article

CBS News | Hotsheet Top Stories: GOP reveals picks for debt "super committee"

The CBS News Political Hotsheet newsletter


CBS POLITICAL HOTSHEET TOP STORIES


   



   
Liberal groups say Congress members on the new deficit reduction committee should stop fundraising, but the White House says it expects members to responsibly serve their constituents
Read full story
WH: No need for super committee to stop fundraising

Poll shows tight race to fill Weiner's seat Despite heavily Democratic nature of Weiner's old district, new poll shows close contest between Democrat David Weprin and Republican Bob Turner

Huckabee on performance duty at Iowa straw poll Former Arkansas governor will perform at the tents of Herman Cain, Rick Santorum and Tim Pawlenty at this weekend's Ames straw poll

GOP reveals picks for debt Boehner names Reps. Hensarling, Camp and Upton; McConnell picks Sens. Kyl, Toomey and Portman

Both sides claim victory after Wisconsin recall Dems failed to win control of the state Senate but won two seats, as both sides say the results have implications for future elections

Stock investors hit sell; Dow closes down 520 pts: MarketWatch | U.S. Stock Market at Close - Market Pulse


By Laura Mandaro

SAN FRANCISCO (MarketWatch) -- U.S. stocks shuddered again Wednesday as concerns about France's credit outlook added to a lengthening list of reasons investors used to sell stocks. The Dow Jones Industrial Average DJIA -4.62% dropped 519.83 points, or 4.6%, to 10,719.94, near its lows of the session, after a late-day spiral. After Tuesday's 430-point gain, and Monday's 635-point loss, it was the third straight session of swings topping 400 points. The last such streak was in late November 2008. The S&P 500 SPX -4.42% fell 51.77 points, or 4.4%, to 1,120.76. The Nasdaq Composite COMP -4.09% fell 101.47 points, or 4.1%, to 2,831.05.

MarketWatch Personal Finance Daily: The Second Side of the Financial Storm

MarketWatch
Personal Finance Daily
AUGUST 10, 2011

Retailers are waging a back-to-school price war

By MarketWatch



Don't miss these top stories:

Blame it on cotton. Many apparel retailers are. Costs for the essential commodity were spiking back when most retailers ordered their back-to-school stock. Now this important selling season is upon us and retailers are calculating what to do if expectations for lower spending on clothes and school supplies pan out. Andria Cheng today details some retailers' battle plans to win over back-to-school shoppers, including Gap Inc., Walmart and JCPenney.

The U.S. markets have broken down technically over the past three sessions, Michael Ashbaugh writes today in a free edition of The Technical Indicator. He says that while a corrective bounce is overdue — and currently underway — serious technical repairs will be needed before the next sustainable market upturn. Looking ahead, he says, a close atop 1,200 for the S&P 500 would mark a first step toward stabilization, though a sustained break atop 1,250 would more firmly neutralize this month's breakdown. Check out his fascinating technical analysis of the current market activity.

— Anne Stanley, Managing Editor, Personal Finance

Retailers wage back-to-school price war

With costs rising for everything from apparel to food, retailers are waging a price war this back-to-school shopping season.
Read more: Retailers wage back-to-school price war.


U.S. markets traverse less-charted territory

The U.S. markets have broken down technically over the past three sessions, Michael Ashbaugh writes today in a free edition of The Technical Indicator.
Read more: U.S. markets traverse less-charted territory.


Top 10 real-estate markets in U.S. college towns

Is it time to invest in college-town real estate? Housing demand is usually high in such places, vacancy rates are low and rental prices are on the rise, according to Move Inc. Here are 10 college towns where it could pay off to invest in a rental property.
Read more: Top 10 real-estate markets in U.S. college towns.


Make this estate-planning move now

With the current $5 million federal estate tax exemption, you may not be thinking much about estate planning. After all, there's no way your estate would owe the tax if you happen to die between now and 2013. So no worries, right? Wrong.
Read more: Make this estate-planning move now.


ECONOMY AND POLITICS

U.S. moves to sell, rent 92,000 foreclosed homes

Struggling to clear its inventory of foreclosed properties, the Obama administration said Wednesday it's considering converting over 90,000 foreclosed properties owned by the U.S. government into rental units, in a sign of the depths to which the U.S. housing market has sunk.
Read more: U.S. moves to sell, rent 92,000 foreclosed homes.


Fed isn't done, experts say

A day after the Fed's historic pledge to keep rates near zero for the next two years, experts said they expect more moves from the central bank in coming months.
Read more: Fed isn't done, experts say.


Will Australia hike rates or cut them?

As the Federal Reserve pledges an interest rates pause for a least two years, speculation is mounting that its Australian counterpart will soon begin cutting rates, as global economic uncertainty drains consumer and business confidence in the nation.
Read more: Will Australia hike rates or cut them?


China's trade surplus widens more than forecast

Chinese trade surplus widens sharply in July, boosted by above-forecast export growth and offering an upbeat sign for the country's economy.
Read more: China's trade surplus widens more than forecast.


INVESTING

Money managers called the summer market plunge

A few people predicted the market crash. Columnist Al Lewis tells us the story of two money managers who got it right.
Read more: Money managers called the summer market plunge.


Betting on Bank of America over Apple

Apple's stock is on an unbelievable tear, while Bank of America is off nearly 50% from its 52-week high. Yet Rob Arnott, founder of Research Affiliates, makes a strong case that Bank of America is the better bet.
Read more: Betting on Bank of America over Apple.


The second side of the financial storm

If our past was focused on wealth, accumulation and consumption, the next few years will witness a migration toward something altogether more austere, if not more sensible, writes Todd Harrison.
Read more: The second side of the financial storm


The euro: How Europe's grand dream went sour

In excerpts from his definitive history of the euro, MarketWatch columnist David Marsh chronicles the European monetary union's rise and fall, and asks: Where now for the euro?
Read more: The euro: How Europe's grand dream went sour.

S&P lobbies U.S. while rating its credit: The Washington Post | Politics Afternoon Edition

The Washington Post

Politics Afternoon Edition

HEADLINES

  1. 'Supercommittee' picks draw mixed reviews

    Eight of the nine members announced so far voted "yes" on last week's debt-ceiling deal.
    » Read full article
  2. GOP smells blood in 2012 race

    Fewer Republicans want a primary challenge to Obama in 2012. That means they think they can beat him.
    » Read full article
  3. Wisconsin recalls and the GOP

    Republicans held onto the state Senate but didn't exactly earn a mandate for reining in unions.
    » Read full article
  4. Lugar gets hit from both sides

    Some see an echo of Sen. John McCain in his comments on the economy.
    » Read full article
  5. S&P lobbies U.S. while rating its credit

    Credit rating agency Standard & Poor's also seeks to influence the government in a more traditional way.
    » Read full article

CMI | NY Trading - Spot Price at Close

CMI - Gold & Silver
Spot Prices as of the close of trading in New York
As of: Wednesday August 10, 2011

  Today Change Week Ago Month Ago Year Ago
Gold $1,784.70 +$43.60 $1,662.30 $1,542.25 $1,197.00
Silver $39.40 +$1.49 $41.82 $36.57 $18.19
Platinum $1,774.80 +$16.80 1,786.10 $1,736.40 $1,536.90
Palladium $730.30 -$7.70 $798.75 $778.50 $471.15

Kitco London Fix Market Report


London Fix Wed Aug 10 00:00:00 EDT 2011
Metals
Gold
Silver
Platinum
Palladium
  AM PM AM PM AM PM AM PM
USD 1753.75 1772.00   38.31 1757.00
10848.52
747.00 132110.00
UK 1082.03 1094.71   23.58 1081.55
1081.70
459.85 457.00
EURO 1219.06 1246.92   26.65 1223.95
1230.00
520.40 519.65

Money Show Traders Daily Alert: Jared Cummans, 5 ETFs for Fear-Riddled MarketsJared Cummans




Traders Daily Alert
Tips for Traders
Never Ditch a Proven Indicator, Greg Harmon

Options Idea
Historic Put/Call Action Seen This Week, Moby Waller

Charts in Play
Grabbing High Yields Overseas, Tom Aspray

Currency Corner
The Right Way to Trade EUR/USD Here, Jeremy Wagner

Trading Idea of the Day
5 ETFs for Fear-Riddled Markets, Jared Cummans

Daily Market Studies
Trading Outlook for Today: August 10, Daniel Gramza

MoneyShow.com Exclusive Interviews
A Different Look at Implied Volatility, Steve Lentz

Today's Featured Videos
Questions to Answer Before Your Trade, Brian Shannon
Weak Dollar Creates "Golden" Opportunity, Oliver Velez

French banks lead steep losses for Europe: MarketWatch | Europe - markets



By Simon Kennedy, MarketWatch 

LONDON (MarketWatch) European stock markets turned sharply lower in another volatile session Wednesday as worries over France’s credit rating sent bank stocks tumbling and as the previous session’s rebound for U.S. stocks proved short-lived. 

The Stoxx Europe 600 index XX:SXXP -2.07%  dropped 1.3% to 229.05 as Europe’s credit crisis again took center stage. The index had earlier risen as much as 2% on the heels of a sharp rebound for U.S. markets.
The Dow Jones Industrial Average DJIA -3.94%  rose 4% Tuesday after the Federal Open Market Committee pledged to keep interest rates near zero through mid 2013, but the gains couldn’t be sustained Wednesday and the index slumped around 350 points in early Wednesday trading. 

News Hub: Fed downgrades view of U.S. economy

Nomura Securities Chief Economist David Resler reacts to the Federal Reserve's pledge to hold rates near zero until mid-2013 and why he doesn't believe the U.S. economy will fall back into recession.

French banks led the fall in Europe, including an 18% slump for Societe Generale SA FR:GLE -15.70%  and an 11% drop for BNP Paribas FR:BNP -12.27% .
A London trader, who did not want to be named, said there had been rumors of a downgrade of France‘s triple-A credit rating. 

Worries over the sustainability of France‘s rating have been growing since Standard & Poor‘s downgraded the U.S., sending the cost of insuring French government debt against default to new highs. Earlier Wednesday, French President Nicolas Sarkozy held an unscheduled meeting with ministers and the governor of the Bank of France to discuss the financial situation. 

The losses for French banks pulled the CAC 40 index FR:PX1 -3.54%  down 3% to 3,080.32.
Other banks, especially those in Italy and Spain, also suffered heavy losses. UniCredit SpA IT:UCG -8.62%  and Intesa Sanpaolo IT:ISP -13.11%  dropped 8.2% and 11% respectively in Milan, once again triggering a pause in trading due to the heavy falls. Banco Santander ES:SAN -7.50%  fell 5.2% in Madrid.
“The whole issue of debt sustainability has broadened to Italy, Spain and even France. It will be something that remains a dead weight on markets for a long time,” said Mike Lenhoff, chief strategist at Brewin Dolphin.
Among other markets, Italy’s FTSE MIB index XX:FTSEMIB -5.60%  dropped 4.4% to 15,033 and Spain’s IBEX 35 index XX:IBEX -4.86%  fell 3.3% to 8,144.60.

Henkel, Standard Life rise

The sharp downturn for banking stocks weighed on all markets, though well-received earnings news helped boost several stocks.
Among them, shares in Germany‘s Henkel AG DE:HEN3 +3.26%  rose 3.6% after the household products group lifted its sales forecast to the top end of its previous range and said its second-quarter profit jumped 34%.
The stock was the top performer on Germany’s DAX 30 index DX:DAX -2.83%  , which dropped 1.6% to 5,824.40 as financial and industrial stocks turned lower.
Shares in electricity utility E.On AG DE:EOAN -11.53%  also dropped 4.5% in Frankfurt after the company cut its forecasts and dividend payout due to Germany’s plan to shut down all its nuclear power stations. The group said up to 11,000 jobs may be lost. 

In the U.K., life insurance and investments firm Standard Life PLC UK:SL +7.35%  rallied 9.2% after it reported a 44% rise in first-half operating profit that comfortably beat market expectations.
The stock was the top performer on the FTSE 100 index UK:UKX -2.81% , which dropped 0.9% to 5,117.14. 

The biggest faller was Essar Energy PLC UK:ESSR -12.20% , which fell 7.8% after Goldman Sachs removed the stock from its conviction buy list, saying there are better opportunities elsewhere in the sector.
Simon Kennedy is the City correspondent for MarketWatch in London.
 

Reuters Deals Today




News
Groupon trimmed marketing costs in the second-quarter but its loss more than doubled as it hired new employees, the Internet daily deals company said in an update filing for its IPO.

Global brewer SABMiller is set to renew its assault on Australian bid target Foster's later this month with a slightly higher offer likely to succeed after rival bidders fail to appear, bankers and investors told Reuters.

HSBC is selling its U.S. credit card arm to Capital One Financial Corp in a $32.7 billion deal as Europe's top bank streamlines its mammoth operations. Capital One said it was paying a $2.6 billion premium over the value of the loans.

The NYT's Steven M. Davidoff looks into General Maritime's $200 million loan from Oaktree Capital Management. "When you play with the big boys, you sometimes get hurt," reports Davidofff.

"AT&T, looking to win approval for its proposed $39 billion acquisition of T-Mobile, is facing a challenge in California where regulators have raised questions about the deal’s effect on consumers and corporate customers," Bloomberg reports.


LATEST NEWS
Exclusive: SABMiller preparing new assault on Foster's
LONDON/MELBOURNE (Reuters) - Global brewer SABMiller is set to renew its assault on Australian bid target Foster's later this month with a slightly higher offer likely to succeed after rival bidders fail to appear, bankers and investors told Reuters. | Full Article

Icahn raises Forest Labs stake in board battle
August 10, 2011 09:44 AM ET
NEW YORK (Reuters) - Billionaire investor Carl Icahn increased his stake in Forest Laboratories Inc to 9.2 percent, ratcheting up the pressure in his proxy battle with the U.S. drugmaker. | Full Article
GDF-Suez outlines China alliance, shares rise
August 10, 2011 08:13 AM ET
PARIS (Reuters) - GDF Suez and China Investment Corp are in exclusive talks to seal a $4 billion alliance that will help the French utility fund its expansion in booming Asia and offer Beijing access to new energy resources. | Full Article
Carlyle, Unison selling Japan wafer stake to Sino
August 10, 2011 06:17 AM ET
TOKYO/TAIPEI (Reuters) - Leading private equity firms Carlyle and Unison Capital will sell part of their Japanese investment in a wafer business as they seek to return cash to their investors. | Full Article
Japan's Asahi in talks to buy Independent Liquor
August 10, 2011 07:53 AM ET
SYDNEY/TOKYO (Reuters) - Japan's Asahi Group Holdings is in the final stage of negotiations to buy New Zealand beverages group Independent Liquor from private equity firms Unitas and Pacific Equity Partners (PEP), two sources said on Wednesday. | Full Article