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A New York Times article from this past Friday highlights the 'problem' that Nintendo is facing: more people want to give them money than they can handle. Analysts quoted in the story discussing Nintendo's unique Wii shortage problem indicate that the company could be selling twice the 1.8 million consoles a month it ships. All told, these same individuals believe the company could be leaving as much as $1 billion on the table this holiday season. "'We don't feel like we've made any mistakes,' said George Harrison, senior vice president for marketing at Nintendo of America. He said there was a shortage because the company must plan its production schedule five months ahead, and projecting future demand is difficult. He added that there had been a worldwide shortage of disk drives that had hurt Nintendo as well as makers of many other devices. 'It's a good problem to have,' Mr. Harrison said of the demand, but he acknowledged that there could be a downside. 'We do worry about not satisfying consumers and that they will drift to a competitor's system.'"

Due to the lack of product on store shelves and overwhelming demand, Nintendo is considering plans to pull marketing campaigns for the Wii during the holiday season. "The company recently dismissed suggestions that it intentionally engineered shortages to build up hype for the Wii. It claims to be producing 1.8 million of the consoles each month at full capacity. 'The issue of supply management has to be questioned, not least because 2008 is going to be the crunch year for the Wii. It's then that we'll discover whether it's a fad or something with legs,' Screen Digest analyst Piers Harding-Rolls told The Times."

1sockchuck alerts us to an article in Data Center Knowledge that explores ramifications from the FCC's decision a couple of months back to require backup power for cell sites and other parts of the telecom infrastructure. The new rule was prompted by wireless outages during Hurricane Katrina. There are more than 210,000 cell towers in the US, as well as 20,000 telecom central offices that will also need generators or batteries. Municipalities are bracing for disputes as carriers try to add generators or batteries to cell sites on rooftops or water towers. The rules will further boost demand in the market for generators, where there are already lengthy delivery backlogs for some models.

WirePosted writes "Santa is in trouble, it looks like supplying the Christmas need for a Nintendo Wii game console is in jeopardy as stocks wither under constant and heavy demand. Conspiracy believers suggest this is an orchestrated move on behalf of Nintendo." Since this happens to be what I want for Christmas, I hope they work it out, or my loving wife has already found one.

Ponca City, We Love You writes "A New Jersey blogger is fighting for his right to blog anonymously and the Electronic Frontier Foundation (EFF) has asked a Superior Court judge in New Jersey to preserve the blogger's free speech rights as he faces legal threats from local government officials. On June 13, 2007, the New Jersey Township of Manalapan filed a malpractice suit against its former attorney Stuart Moskovitz, alleging misconduct regarding the Township's purchase of polluted land in 2005. The decision to file suit was met by a lively debate in the regional press and among local bloggers. One blogger who was particularly critical of the Township was datruthsquad. Attorneys for the Township issued a subpoena to Google demanding that the identity of this anonymous critic be turned over, along with datruthsquad's contact information, blog drafts, e-mails, and 'any and all information related to the blog.' Despite repeated requests from EFF to explain how this could be anything other than an attempt to out a vocal critic, attorneys for the Township have refused to withdraw the subpoena and informed EFF that it can go to court to object to the subpoena. In a motion to quash the subpoena, EFF has asked the court to block the township [PDF] in its attempt to uncover the identity of 'daTruthSquad' and allow the blogger to continue to write about this or any other issue without being forced to identity him or herself."

jessekeys writes "Two days ago an article on TechCrunch about IRSeeK revealed to the community that a service logs conversations of public IRC channels and put them into a public searchable database. What is especially shocking for the community is that the logging bots are very hard to identify. They have human-like nicks, connect via anonymous Tor nodes and authenticate as mIRC clients. IRSeeK never asked for permission and violates the privacy terms of networks and users. A lot of chatters were deeply disturbed finding themselves on the search engine in logs which could date back to 2005. As a result, Freenode, the largest FOSS IRC network in existence, immediately banned all tor connections while the community gathered and set up a public wiki page to share knowledge and news about IRSeeK. The demands are clear: remove all existing logs and stop covert operations in our channels and networks. Right now, the IRSeeK search is unavailable as there are talks talking place with Freenode Staff."

Nintendo is making Wii consoles at a record pace, some 1.8 million a month. Last week they sold 350,000 units. Yes, just last week. And yet, still, it's going to be almost impossible to find a Wii in a store this Christmas. Wired reports that the problem actually began back in August. Summer being the traditional 'dry' season in gaming usually leads to hardware surpluses, but not with Nintendo's console. The result is a holiday season that Nintendo essentially couldn't prepare for. "Demand for Wii is so high, says analyst Michael Pachter, because of all the different types of consumers competing for the units ... it's not just kids who crave Wii. [It's] an especially big hit at retirement homes ... Hard-core gamers, who initially spurned the Wii's lower graphic power compared to the Xbox and PlayStation 3, have changed their tune on the console, thanks to brilliant software like the first-person shooter Metroid Prime 3. And eBay scalpers? They really want Wii." In fact, the only reliable way to get your hands on a Wii is to go that most dubious of routes. Ebay Wii sales are very brisk indeed this week.

netbuzz alerts us to a ruling in federal court that has just been made public. US Magistrate Judge Stephen Crocker told the Feds to lay off Amazon in denying prosecutors' requests for records of who bought what books at the online retailer. The judge wrote, "The [subpoena's] chilling effect on expressive e-commerce would frost keyboards across America." Prosecutors had demanded 24,000 transaction records from Amazon, all in service of convicting a city official on charges of fraud and tax evasion. In the end they found customer information on the official's PC, where they should have looked in the first place.

A number of readers are letting us know about Verizon's plans, announced today, to open their nationwide wireless network to devices that they don't sell. A NYTimes blog posting puts VZW's announcement in industry context. From the press release: "In early 2008, the company will publish the technical standards the development community will need to design products to interface with the Verizon Wireless network. Any device that meets the minimum technical standard will be activated on the network. Devices will be tested and approved in a $20 million state-of-the-art testing lab which received an additional investment this year to gear up for the anticipated new demand. Any application the customer chooses will be allowed on these devices."

The ongoing Writer's Guild strike may soon impact even the games industry. While most of the copy writers working on games are not a part of the guild, via Eurogamer comes a Variety article about a possible Hollywood writer's migration to other media. "While the WGA has made no secret that it would like to eventually cover vidgame writing, it hasn't pushed the issue yet and is allowing members to work on games during the strike. 'It has been an interesting shift," says one tenpercenter who focuses on vidgames. "The literary agents are now saying, 'Why don't we get our clients over there during the strike?' even though in the past they thought the money wasn't good enough or the work is too demanding.'"

An anonymous reader writes "Mark Wilson of Gizmodo.com reports that IBM is applying for a patent for DVDs that contain or download 'on demand' commercials that cannot be skipped. Consumers would be able to purchase these DVDs at a lower price than regular DVDs and pay extra to enjoy their purchase ad-free without having to buy a second DVD. Perhaps this is part of the massive shift in advertising that IBM predicts."

gregsim writes "The Wall Street Journal today reports that the new XO laptop, centerpiece of the One Laptop Per Child project, is stimulating an active response from both Intel and Microsoft. The companies evidently feel threatened by the little upstart, intended to help third-world children. (The XO runs Linux and uses AMD chips.) Microsoft has cut their software to $3 each and Intel has designed their own laptop called the Classmate to sell between $230 and $300, nearly double the XO's price. Rather than defend the relative merits of his creation, professor Negroponte is crying foul and (if the article is to be believed) not even arguing the technical merits. The initial demand for the XO has fallen well below Mr. Negroponte's projections as Intel and Microsoft have successfully argued that their entries are superior. 45,000 have been ordered through the Give One, Get One campaign. I am happy that I ordered mine — it will be a landmark model in any case."

necro81 writes "As reported on Engadget, Amazon's Kindle e-book reader has sold out. Charlie Rose's interview with Jeff Bezos reveals that the Kindle sold out within just 5-1/2 hours of going on sale. Amazon hasn't revealed how many it had in stock at launch, so it may just be that they didn't anticipate early demand. A check of the Kindle's product page shows that more will be rolling out starting December 3rd." Wired also has a brief head-to-head of the more prominent ebook readers and PCWorld has a review of the new gadget from Amazon.

Bergkamp10 writes "Consumer and corporate use of the Internet could overload the current capacity and lead to brown-outs in two years unless backbone providers invest billions of dollars in new infrastructure, according to a new study. A flood of new video and other Web content could overwhelm the Net by 2010 unless backbone providers invest up to US $137 billion in new capacity, more than double what service providers plan to invest, according to the study by Nemertes Research Group. In North America alone, backbone investments of $42 billion to $55 billion will be needed in the next three to five years to keep up with demand, Nemertes said. Quoting from the study: 'Our findings indicate that although core fiber and switching/routing resources will scale nicely to support virtually any conceivable user demand, Internet access infrastructure, specifically in North America, will likely cease to be adequate for supporting demand within the next three to five years.' Internet users will create 161 exabytes of new data this year."

kylehase writes "The Regulation of Investigatory Powers Act (RIPA) is being used for the first time to force an animal activist to reveal encryption keys for encrypted files she claims to have no knowledge of. According to the article, she could face up to two years if she doesn't comply."

Ponca City, We Love You writes "The robot invasion may soon be coming to a warehouse near you. In a conventional warehouse, workers walk from shelf to shelf to fill orders, while in conveyor-based systems, boxes move past workers who pack them. A new warehouse design arranges rows and columns of freestanding shelves in a memory-chip-like grid serviced by robots. When a consumer submits an order, robots deliver the relevant shelving units to workers who pack the requested items in a box and ship them off allowing workers to fill orders two to three times faster than they could with conventional methods because the robots can work in parallel, allowing dozens of workers to fill dozens of orders simultaneously. The robotic system is also faster because the entire warehouse can adapt, in real time, to changes in demand by having the robots move shelves with popular items closer to the workers (pdf), where the shelves can be quickly retrieved while items that aren't selling are gradually moved farther away. Two giant warehouses have already been built for Staples and a third is being built for Walgreens where the software will also keep track of expiration dates to ensure that items that can go bad are sent out in the order that they're stocked."

Lucas123 writes "The average price of notebook hard drives tumbled to $53 in the third quarter of 2007, from $86 in the same period during the previous year, according to a survey by a market research firm. The price drop can be accredited to competition among six vendors, enormous demand for PCs and consumer electronics as well as evolving flash memory drives. 'Lower-capacity notebook drives showed smaller price drops, while newer high-capacity drives saw massive price drops ... Notebook drives with 320GB of storage will drop as a result of the addition of new features, while prices will stabilize on lower-capacity notebook storage devices like 80GB hard drives.'"

penguin_dance writes "A Texas School District is threatening to sue a parent over what it terms 'libelous material' or other 'legally offensive' postings on her web site and are demanding their removal. Web site owner Sandra Tetley says they're just opinions. The legal firm sending the demand cited 16 items, half posted by Tetley, the rest by anonymous commentators to her blog. The alleged libelous postings 'accuse Superintendent Lynne Cleveland, trustees and administrators of lying, manipulation, falsifying budget numbers, using their positions for "personal gain," violating the Open Meetings Act and spying on employees, among other things.' The problem for the district is that previous courts have ruled that governments can't sue for libel. So now, in a follow-up story, the lawyers say the firm 'would file a suit on behalf of administrators in their official capacities and individual board members. The suit, however, would be funded from the district's budget.' So far, Tetley hasn't backed down, although she said she'll 'consult with her attorneys before deciding what, if anything, to delete.'"

Panaqqa writes "On Monday, the US government appealed a September ruling striking down a controversial section of the Patriot Act as unconstitutional. The section permits the FBI to send secret demands to ISPs (called 'National Security Letters') for logs and email without first obtaining a judge's approval. The ACLU has quoted the president of the small Plaintiff ISP, identified only as John Doe because of a gag order under the law, saying that the gag provisions make it 'impossible for people... to discuss their specific concerns with the public, the press and Congress.'"

Zeddicus_Z writes to note that Sun CEO Jonathan Schwartz has outlined Sun's response to Network Appliance's recent patent infringement lawsuit over ZFS: "As a part of this suit, we are requesting a permanent injunction to remove all of their filer products from the marketplace, and are examining the original NFS license — on which Network Appliance was started. In addition... we will be going after sizable monetary damages. And I am committing that Sun will donate half of those proceeds to the leading institutions promoting free software and patent reform... [Regarding NetApp's demands in order to drop its existing case against Sun:] ...[to] unfree ZFS, to retract it from the free software community, and to limit ZFS's allowable field of use to computers — and to forbid its use in storage devices."