Yahoo telecommute ban is much ado about nothing: Silicon Valley

SAN FRANCISCO (Reuters) - Yahoo Chief Executive Marissa Mayer's decision to ban telecommuting sparked outrage around the country, but left many in Silicon Valley wondering what the fuss was all about.

Working from home is common enough in the Valley, but that is in addition to - not instead of - the 40-plus hours spent working in the office. Despite the area's image as a freewheeling space that makes much of the technology that allows people to work remotely, Bay Area workers tend to head into the office, especially at start-ups.

"Every idea we have is a result of more than two people sitting in a room, riffing on or trying to think up a clever solution to a certain problem," said Sahil Lavingia, founder of payments startup Gumroad. "Things like that you can't do over any Internet protocol."

That does not mean Lavingia thinks his staff should never work from home. Just the opposite.

"Everyone should have a setup at home that makes them equally as productive, or close, as if they were in the office," he says. "Many people put in hours before and after work, and on the weekends."

The new policy at Yahoo, announced in a February 22 memo, calls for "all employees with work-from-home arrangements to work in Yahoo! offices." The change goes into effect in June.

Many of the storied trappings of startup life - the free food, the game rooms, the flip-flops - are aimed at keeping people in the office. That goes for the engineers, often young and male, just as it does for other employees in groups such as marketing and sales.

And the private, Wi-Fi-equipped buses that shuttle employees from San Francisco to Google and Facebook and other companies based in Silicon Valley are meant to make the commute more productive, lest anyone advocate eliminating them altogether.

The lack of rules is also a hallmark of startup culture, and few companies will declare a firm policy on issues like telecommuting. But the message is pretty clear.

Apple Inc cofounder Steve Jobs liked to talk about the long hours employees put in at the company's Cupertino, California, headquarters. "I've seen cars in the parking lot late at night, cots in some of the engineering offices," he said at a 2010 press conference.

Many companies hold regular meetings which all employees are strongly encouraged attend. At Twitter, they are called "tea time" meetings, but more typically Silicon Valley companies use the term "all-hands."

Cloud-content start-up Box holds an all-hands every Friday over lunch at its main office in Los Altos, California, and streams it to a satellite office in San Francisco. Box also has London offices, where a rebroadcast runs the following week.

And sometimes companies insist workers show up at the office, such as during the start-of-semester crunches at online textbook company Chegg, says CEO Dan Rosensweig.

"Everybody knows to either be in, or be available," Rosensweig says. "When you're in the rush, you can't really afford to not know where somebody is."

He believes Silicon Valley's premium on in-person collaborations comes from different teams having overlapping responsibility for products.

"Most of the companies out here, there's product, engineering, and business," he says. "There isn't necessarily one person who owns every piece of the P&L," or profit and loss statement, meaning that close communication is crucial.

David Rusenko, founder of Web-building service Weebly, says it simply becomes more efficient for everyone to sit together.

"We've tried to work with contract designers remotely, and the feedback cycle gets so long," he says. "If you're sitting with somebody two seats away, you say, 'Hey, I'm finished with this, can you take a look.'"

Teams can have as many as 10 back-and-forths a day when they are physically together, compared with maybe one working remotely, he says.

Some workers chafe at the premium that companies place on a physical presence, including Jeff Spirer, a mobile-marketing veteran. He recalls one job at which the CEO required everyone to be at the office, even though many employees had long commutes and would have been more productive staying home a couple of days a week.

"It was much easier for me to work at home, which I could only really do when he was traveling," Spirer says, referring to the CEO.

Old-guard Silicon Valley companies such as Hewlett-Packard Co and Cisco Systems Inc tend to be much more open to telecommuting.

That contrast may explain Yahoo's new policy. It is a big, mature company, but a struggling one, and people inside and outside agree it desperately needs a jolt of the all-hands-on-deck, start-up spirit.

"This isn't a broad industry view on working from home, this is about what is right for Yahoo!, right now," a Yahoo spokeswoman said.

(Reporting by Sarah McBride; Editing by Jonathan Weber, Jeffrey Benkoe and Leslie Gevirtz)

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Apple CEO says he feels shareholders' pain, urges long view

CUPERTINO, California (Reuters) - Apple Inc CEO Tim Cook acknowledged on Wednesday that his shareholders were disappointed with a five-month slide of more than 30 percent in the company's share price, but urged a focus on the longer term.

The world's most valuable technology corporation headed into its annual meeting at its Cupertino headquarters on shakier ground than it has been accustomed to in years, since the iPhone and iPad helped elevate the company to premier investment status.

Its southward-heading share price has lent weight to Wall Street's demand that it share more of its $137 billion cash and securities pile, a debate now spearheaded by outspoken hedge fund manager David Einhorn.

Einhorn was not spotted at the meeting on Wednesday. Cook repeated that the company's board remained in "very very active" discussions about options for cash sharing.

"I don't like it either. The board doesn't like it. The management team doesn't like it," Cook told investors at the company's headquarters on 1 Infinite Loop.

But by focusing on the long term, revenue and profit will follow, he said.

Cook added that the company was working on new product categories, but, as usual, would not elaborate.

Speculation is rife on Wall Street and in Silicon Valley that the iPhone maker is working on a project to revolutionize the television and TV content, or a smart "iWatch."

Apple's stock was down 1.2 percent to $443.60 in early afternoon trade. It is now down more than 35 percent from its $702.10 September peak.

Despite a slip-sliding share price, dissatisfaction on the Street over its cash allocation strategy and uncertainty over its product pipeline, shareholders re-elected the entire board on Wednesday, and Cook won more than 99 percent of the vote in preliminary results.

(Reporting by Poornima Gupta; Editing by Lisa Von Ahn and Tim Dobbyn)

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HP sells webOS operating system to LG Electronics

SAN FRANCISCO (Reuters) - Hewlett-Packard Co said on Monday it will sell the webOS operating system to South Korea's LG Electronics Inc, unloading the smartphone software it acquired through a $1.2 billion acquisition of Palm in 2010.

LG will use the operating software, used in now-defunct Palm smartphones years ago, for its "smart" or Internet-connected TVs. The Asian electronics company had worked with HP on WebOS before offering to buy it outright.

Under the terms of their agreement, LG acquires the operating software's source code, associated documentation, engineering talent, various associated websites, and licenses under HP's intellectual property including patents covering fundamental operating system and user interface technology.

HP will retain the patents and all the technology relating to the cloud service of webOS, HP Chief Operating Officer Bill Veghte said in an interview.

"As we looked at it, we saw a very compelling IP that was very unique in the marketplace," he said, adding that HP has already had a partnership with LG on webOS before the deal was announced.

"As a result of this collaboration, LG offered to acquire the webOS operating system technology," Veghte said.

Scott Ahn, President and CTO, LG Electronics, said the company will incorporate the operating system in the Smart TV line-up first "and then hopefully all the other devices in the future."

Both companies declined to reveal the terms of the deal.

LG will keep the WebOS team in Silicon Valley and, for now, will continue to be based out of HP offices, Ahn said.

HP opened its webOS mobile operating system to developers and companies in 2012 after trying to figure out how to recoup its investment in Palm, one of the pioneers of the smartphone industry.

The company had tried to build products based on webOS with the now-defunct TouchPad tablet its flagship product.

HP launched and discontinued the TouchPad in 2010, a little over a month after it hit store shelves with costly fanfare after it saw poor demand for a tablet priced on par with Apple's dominant iPad.

WebOS is widely viewed as a strong mobile platform, but has been assailed for its paucity of applications, an important consideration while choosing a mobile device.

(Additional reporting By Paul Sandle and Alistair Barr; Editing by Gerald E. McCormick, Tim Dobbyn and M.D. Golan)

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Analysis: The near impossible battle against hackers everywhere

SAN FRANCISCO (Reuters) - Dire warnings from Washington about a "cyber Pearl Harbor" envision a single surprise strike from a formidable enemy that could destroy power plants nationwide, disable the financial system or cripple the U.S. government.

But those on the front lines say it isn't all about protecting U.S. government and corporate networks from a single sudden attack. They report fending off many intrusions at once from perhaps dozens of countries, plus well-funded electronic guerrillas and skilled criminals.

Security officers and their consultants say they are overwhelmed. The attacks are not only from China, which Washington has long accused of spying on U.S. companies, many emanate from Russia, Eastern Europe, the Middle East, and Western countries. Perpetrators range from elite military units to organized criminal rings to activist teenagers.

"They outspend us and they outman us in almost every way," said Dell Inc's chief security officer, John McClurg. "I don't recall, in my adult life, a more challenging time."

The big fear is that one day a major company or government agency will face a severe and very costly disruption to their business when hackers steal or damage critical data, sabotage infrastructure or destroy consumers' confidence in the safety of their information.

Elite security firm Mandiant Corp on Monday published a 74-page report that accused a unit of the Chinese army of stealing data from more than 100 companies. While China immediately denied the allegations, Mandiant and other security experts say the hacker group is just one of more than 20 with origins in China.

Chinese hackers tend to take aim at the largest corporations and most innovative technology companies, using trick emails that appear to come from trusted colleagues but bear attachments tainted with viruses, spyware and other malicious software, according to Western cyber investigators.

Eastern European criminal rings, meanwhile, use "drive-by downloads" to corrupt popular websites, such as NBC.com last week, to infect visitors. Though the malicious programs vary, they often include software for recording keystrokes as computer users enter financial account passwords.

Others getting into the game include activists in the style of the loosely associated group known as Anonymous, who favor denial-of-service attacks that temporarily block websites from view and automated searches for common vulnerabilities that give them a way in to access to corporate information.

An increasing number of countries are sponsoring cyber weapons and electronic spying programs, law enforcement officials said. The reported involvement of the United States in the production of electronic worms including Stuxnet, which hurt Iran's uranium enrichment program, is viewed as among the most successful.

Iran has also been blamed for a series of unusually effective denial-of-service attacks against major U.S. banks in the past six months that blocked their online banking sites. Iran is suspected of penetrating at least one U.S. oil company, two people familiar with the ongoing investigation told Reuters.

"There is a battle looming in any direction you look," said Jeff Moss, the chief information security officer of ICANN, a group that manages some of the Internet's key infrastructure.

"Everybody's personal objectives go by the wayside when there is just fire after fire," said Moss, who also advises the U.S. Department of Homeland Security.

HUNDREDS OF CASES UNREPORTED

Industry veterans say the growth in the number of hackers, the software tools available to them, and the thriving economic underground serving them have made any computer network connected to the Internet impossible to defend flawlessly.

"Your average operational security engineer feels somewhat under siege," said Bruce Murphy, a Deloitte & Touche LLP principal who studies the security workforce. "It feels like Sisyphus rolling a rock up the hill, and the hill keeps getting steeper."

In the same month that President Barack Obama decried enemies "seeking the ability to sabotage our power grids, our financial institutions, our air traffic control systems," cyber attacks on some prominent U.S. companies were reported.

Three leading U.S. newspapers, Apple Inc, Facebook Inc, Twitter and Microsoft Corp all admitted in February they had been hacked. The malicious software inserted on employee computers at the technology companies has been detected at hundreds of other firms that have chosen to keep silent about the incidents, two people familiar with the case told Reuters.

"I don't remember a time when so many companies have been so visibly 'owned' and were so ill-equipped," said Adam O'Donnell, an executive at security firm Sourcefire Inc, using the hacker slang for unauthorized control.

Far from being hyped, cyber intrusions remain so under-disclosed — for fear leaks about the attacks will spook investors — that the new head of the FBI's cyber crime effort, Executive Assistant Director Richard McFeely, said the secrecy has become a major challenge.

"Our biggest issue right now is getting the private sector to a comfort level where they can report anomalies, malware, incidences within their networks," McFeely said. "It has been very difficult with a lot of major companies to get them to cooperate fully."

McFeely said the FBI plans to open a repository of malicious software to encourage information sharing among companies in the same industry. Obama also recently issued an executive order on cyber security that encourages cooperation.

The former head of the National Security Agency, Michael Hayden, supports the use of trade and diplomatic channels to pressure hacking nations, as called for under a new White House strategy that was announced on Wednesday.

"The Chinese, with some legitimacy, will say 'You spy on us.' And as former director of the NSA I'll say, 'Yeah, and we're better at it than you are," said Hayden, now a principal at security consultant Chertoff Group.

He said what worries him the most is Chinese presence on networks that have no espionage value, such as systems that run infrastructure like energy and water plants. "There's no intellectual property to be pilfered there, no trade secrets, no negotiating positions. So that makes you frightened because it seems to be attack preparation," Hayden said.

Amid the rising angst, many of the top professionals in the field will convene in San Francisco on Monday for the best-known U.S. security industry conference, named after host company and EMC Corp unit RSA.

Several experts said they were convinced that companies are spending money on the wrong stuff, such as antivirus subscriptions that cannot recognize new or targeted attacks.

RSA Executive Chairman Art Coviello and Francis deSouza, head of products at top vendor Symantec Corp, both said they will give keynote speeches calling for a focus on more sophisticated analytical tools that look for unusual behavior on the network — which sounds expensive.

Others urge a more basic approach of limiting users' computer privileges, rapidly installing software updates, and allowing only trusted programs to function.

Some security companies are starting over with new designs, such as forcing all of their customers' programs to run on walled-off virtual machines.

With such divergent views, so much money at stake, and so many problems, there are perhaps just two areas of agreement.

Most people in the industry and government believe things will get worse. Coviello, for his part, predicted that a first-of-its kind - but relatively simple - virus that deleted all data on tens of thousands of PCs at Saudi Arabia's national oil company last year is a harbinger of what will come.

And most say that the increased mainstream attention on cyber security, even if it fixes uncomfortably on the industry's failings and tenacious adversaries, will help drive a desperately needed debate about what do to internationally and at home.

(Reporting by Joseph Menn in San Francisco; Additional reporting by Jim Finkle in Boston and Deborah Charles in Washington; Editing by Tiffany Wu and Jackie Frank)

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Einhorn scores legal victory versus Apple in cash scuffle

NEW YORK (Reuters) - A U.S. judge handed outspoken hedge fund manager David Einhorn a victory in his battle with Apple Inc on Friday, blocking the iPhone maker from moving forward with a shareholder vote on a controversial proposal to limit the company's ability to issue preferred stock.

U.S. District Judge Richard Sullivan in Manhattan granted a motion by Einhorn's Greenlight Capital for a preliminary injunction stopping a vote on that proposal, scheduled for the company's February 27 stockholders' meeting.

The decision could hand Einhorn more leverage as he pursues his pitch for Apple to issue what he has called the "iPref": preferred stock with a perpetual dividend that he contends would reward investors and help boost the company's share price.

Greenlight sued Apple on February 7 as part of a broader pitch to unlock more of its $137 billion in cash. The hedge fund manager has lobbied Apple to issue preferred stock with a perpetual 4 percent dividend, and on Thursday made a direct appeal to shareholders on a teleconference.

Apple Chief Executive Tim Cook last week dismissed the lawsuit as a "silly sideshow."

The lawsuit itself challenged a measure called Proposal No. 2 that Apple put forward, which would eliminate its power to issue preferred shares without a shareholder vote.

At issue is Apple's "bundling" of that measure with two other unrelated matters into a single proxy proposal.

Greenlight said it supported two of the proposed amendments, but not the one on preferred shares.

In his ruling, Sullivan said Greenlight and another investor who also sued Apple "are likely to succeed on the merits and face irreparable harm if the vote on Proposal No. 2 is permitted to proceed."

"We are disappointed with the court's ruling. Proposal No. 2 is part of our efforts to further enhance corporate governance and serve our shareholders' best interests," Apple spokesman Steve Dowling said. "Unfortunately, due to today's decision, shareholders will not be able to vote on Proposal No. 2 at our annual meeting next week."

A spokesman for Greenlight called the ruling a "significant win for all Apple shareholders and for good corporate governance."

But not all shareholders were happy. California pension fund Calpers, a major Apple investor and public supporter of Apple's proposal, said implementation of "majority voting and shareholder approval for the issuance of new stock - preferred or otherwise - is worth waiting for."

"We encourage Apple to reintroduce these measures as soon as is practical so that all investors can be heard," Anne Simpson, Calpers' director of global governance, said in a statement.

BUNDLES

The ruling could be a warning for other companies when issuing proxy proposals, said James Cox, a professor at Duke University School of Law.

"It's going to make managers reluctant to bundle things together, because you're never going to know when you send them out if there's an Einhorn out there," he said.

The lawsuit was centered on a narrow issue of whether Apple violated U.S. Securities and Exchange Commission rules by "bundling" the preferred shares item with two other unrelated matters into one proxy proposal.

Greenlight's lawyers contended the SEC rules were intended to protect shareholders from being forced to vote for a proxy proposal involving materially different issues that the investors might not entirely support.

Apple had argued Proposal No. 2, which only dealt with amendments to its charter, constitute a single matter and wasn't bundled. Sullivan called the company's arguments "unavailing."

"Given the language and purpose of the rules, it is plain to the Court that Proposal No. 2 impermissibly bundles 'separate matters' for shareholder consideration," Sullivan wrote.

Judge Sullivan also found that Greenlight would be irreparably harmed without the injunction, since it would be forced to vote against its own interests. Denying Greenlight's motion would prevent it and other investors from exercising their rights to a fair vote, Sullivan said.

Sullivan separately declined to block a vote from going forward on a separate proxy proposal, Proposal No. 4, which sought an advisory "say on pay" vote on Apple executives' compensation.

The proposal had been challenged by investor Brian Gralnick of Pennsylvania, who contends Apple did not disclose enough details about how it made its compensation decisions.

Sullivan rejected that argument, saying Apple's disclosures were "plainly sufficient under SEC rules."

Arnold Gershon, a lawyer for Gralnick at Barrack, Rodos & Bacine, said he was "very pleased" with Sullivan's decision to the extent it enjoined the Proposal No. 2 vote, though said he would have to decide what to do next with regard to the say-on-pay proposal.

Sullivan directed the parties to submit a joint letter by March 1 outlining the next contemplated steps in this case.

Apple shares closed up 1.1 percent at $450.81 on Friday.

The case is Greenlight Capital LP, et al., v. Apple Inc., U.S. District Court, Southern District of New York, 13-900.

(Reporting by Nate Raymond in New York; Additional reporting by Poornima Gupta in San Francisco; Editing by Martha Graybow, Gary Hill, Leslie Adler, Carol Bishopric and Lisa Shumaker)

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Hackers circulate tainted version of China cyber security report

BOSTON (Reuters) - Unknown hackers are trying to infect computers by capitalizing on strong interest in a recent report by a security firm that accuses the Chinese military of supporting widespread cyber attacks on U.S. companies.

Tainted digital versions of the report from cyber forensics firm Mandiant infect PCs with computer viruses that allow hackers to gain remote control of computers after users attempt to read those documents, according to security researchers.

Anti-virus software maker Symantec Corp said on its blog that some of those tainted documents were attached to Japanese-language emails purporting to be from someone recommending the report.

Security engineer Brandon Dixon said on his blog that he had identified a similar document on the Internet, which appeared to have originated in India.

"It was only a matter of time," Mandiant said on its blog, adding that its own network had not been compromised. "Reports downloaded, previously and currently from our website, do not contain exploits."

The report, which is available from Mandiant at http://intelreport.mandiant.com/ charges that a secretive Chinese military unit is behind a series of hacking attacks. It prompted a strong denial from Beijing and accusations that China was in fact the victim of U.S. hacking.

(Reporting By Jim Finkle; editing by Andrew Hay)

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Sony seeks head start over Microsoft with new PlayStation

NEW YORK (Reuters) - Sony Corp said it will launch its next-generation PlayStation this year, hoping its first video game console in seven years will give it a much-needed head start over the next version of Microsoft's Xbox and help revive its stumbling electronics business.

The new console will have a revamped interface, let users stream and play video games hosted on servers, and allow users to play while downloading titles as well as share videos with friends. Its new controller, dubbed DualShock 4, will have a touchpad and a camera that can sense the depth of the environment in front of it.

Sony, which only displayed the controller but not the console, said on Wednesday the PlayStation 4 would be available for the year-end holiday season and flagged games from the likes of Ubisoft Entertainment SA and Activision Blizzard Inc, whose top executives also attended the glitzy launch event.

It did not disclose pricing or an exact launch date.

Sony's announcement comes amid industry speculation that Microsoft Corp is set to unveil the successor to its Xbox 360 later this summer. The current Xbox 360 beats the seven-year-old PlayStation 3's online network with features such as voice commands on interactive gaming and better connectivity to smartphones and tablets.

But all video game console makers are grappling with the onslaught of mobile devices into their turf.

Tablets and smartphones built by rivals such as Apple Inc and Samsung Electronics Co Ltd already account for around 10 percent of the $80 billion gaming market. Those mobile devices, analysts predict, will within a few years be as powerful as the current slew of game-only consoles.

"It looks good and had a lot of great games but the industry is different now," Billy Pidgeon, an analyst at Inside Network Research, said of the new PlayStation.

"It'll be a slow burn and not heavy uptake right away."

MIGRATION TO MOBILE

Console makers will also have to tackle flagging video game hardware and software sales, which research firm NPD group says have dropped consistently every month over the last year as users migrate to free game content on mobile devices.

PlayStation 4 will have an app on Android and Apple mobile devices that connects to console games and can act as a second screen, Jack Tretton, President and CEO of Sony Computer Entertainment of America, said in an interview.

"Playstation 4 ... really connects every device in the office and the smartphone and the tablet out there in the world," Tretton said.

The console, which has been in development for the last five years, will have 8 GB of memory and will instantly stream game content from the console to Sony's handheld PlayStation Vita through a feature called "Remote Play," the company said.

"What Sony is banking on is the ease of the use of this system," Greg Miller, PlayStation executive editor at video game site IGN.com, said.

After six years, Sony PlayStation sales are just shy of Xbox's 67 million installed base and well behind the 100 million Wii consoles sold by Nintendo Co Ltd, according to analysts.

Tretton said it would be a big undertaking to manufacture and distribute the console in Sony's four major markets by the end of the year, adding that it would be a "phased rollout" that starts before the end of the year.

Sterne Agee analyst Arvind Bhatia predicted Sony would probably get a couple of million units of the PlayStation 4 out by the 2013 holiday season and 7 million or 8 million out a year later.

Sony also announced a strategic partnership with video game publisher Activision Blizzard to take its Diablo III game to the PlayStation 4 and PlayStation 3 consoles.

Activision's upcoming sci-fi shooter game "Destiny" in development by its Bungie Studio will also be available on PlayStation consoles.

(Editing by Gary Hill, Bernard Orr and Edwina Gibbs)

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Sony set to make pre-emptive strike on Microsoft with PS4

TOKYO (Reuters) - Sony Corp is expected to showcase a new PlayStation console on Wednesday in a pre-emptive strike against Microsoft Corp's bid to make its Xbox the world's leading hub for household entertainment.

The rare PlayStation event in New York comes amid industry speculation that Microsoft is set to unveil the successor to its Xbox 360, which beats the seven-year-old PlayStation 3's online network with features such as voice commands on interactive gaming and superior connectivity to smartphones and tablets.

"Their focus is on establishing a beachhead for the next generation of consoles, and that's what February 20 is all about," said P.J. McNealy, CEO and founder of Digital World Research. "The reality is they have been playing catch-up."

Pushing ahead of Microsoft's Xbox and Nintendo Co Ltd's new Wii U could help Sony revive an electronics business hurt by a dearth of hit gadgets, a collapse in TV sales and the convergence of consumer interest around tablets and smartphones built by rivals Apple Inc and Samsung Electronics Co Ltd.

Tablets and smartphones already account for around 10 percent of the $80 billion gaming market. Those mobile devices, analysts predict, will within a few years be as powerful as the current slew of game-only consoles.

After six years, Sony PlayStation sales are just shy of Xbox's 67 million installed base and well behind the 100-million selling Wii, analysts said.

A lackluster launch in November of the Wii successor, the Wii U, gives Sony a chance to focus on toppling Microsoft as all three battle the encroachment of casual gaming on tablets and smartphones. Nintendo cut its sales target to 4 million machines from 5.5 million for the year ending March 31.

STREAMING

Microsoft's answer to the casual gaming threat has been software that gives users extra content and allows them to surf the Internet from their mobile devices. The Xbox already streams Netflix and ESPN and links to tablets and smartphones using Windows or Apple's iOS and Google Inc's Android. Sony's PS3 online network has lagged.

"For Sony, they have to come out and make this PlayStation event the definitive statement of why gamers need to adopt the PlayStation 4 or PlayStation Orbis or whatever they end up calling it," said Greg Miller, PlayStation executive editor at video game site IGN.com.

Sony's purchase in July of U.S. cloud-based gaming company Gaikai for $380 million hints that the Japanese company will pursue a similar streaming strategy to Microsoft. Sony, industry watchers say, may also offer an expanded range of free games to counter the threat from casual gaming.

Sony, which under its CEO Kazuo Hirai is focusing on gaming, mobile devices and cameras, needs a hit product. But by betting on a PS3 successor, Hirai, whose most profitable business is life insurance, risks deepening consumer electronic losses as he will have to sell consoles at below the manufacturing cost to gain market traction.

That choice is made harder because the other two pillars of Hirai's new Sony - cameras and mobile - are losing money.

Sony expects to post a $1.4 billion operating profit in the current fiscal year. Yet, much of that rebound is gains from offloading real estate, including $1.1 billion for its New York headquarters.

The PlayStation event in New York starts at 2300 GMT (1800 EST).

($1 = 93.5200 Japanese yen)

(Additional reporting by Reiji Murai; Editing by Ryan Woo)

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Apple, Mac computers hit by hackers who targeted Facebook

BOSTON/SAN FRANCISCO (Reuters) - Apple Inc was recently attacked by hackers who infected the Macintosh computers of some employees, the company said on Tuesday in an unprecedented disclosure that described the widest known cyber attacks against Apple-made computers to date.

Unknown hackers infected the computers of some Apple workers when they visited a website for software developers that had been infected with malicious software. The malware had been designed to attack Mac computers, the company said in a statement provided to Reuters.

The same software, which infected Macs by exploiting a flaw in a version of Oracle Corp's Java software used as a plug-in on Web browsers, was used to launch attacks against Facebook, which the social network disclosed on Friday.

The malware was also employed in attacks against Mac computers used by "other companies," Apple said, without elaborating on the scale of the assault.

But a person briefed on the investigation into the attacks said that hundreds of companies, including defense contractors, had been infected with the same malicious software, or malware.

The attacks mark the highest-profile cyber attacks to date on businesses running Mac computers. Hackers have traditionally focused on attacking machines running the Windows operating system, though they have gradually turned their attention to Apple products over the past couple of years as the company gained market share over Microsoft Corp.

"This is the first really big attack on Macs," said the source, who declined to be identified because the person was not authorized to discuss the matter publicly. "Apple has more on its hands than the attack on itself."

NATIONAL SECURITY

Cyber-security attacks have been on the rise. In last week's State of the Union address, U.S. President Barack Obama issued an executive order seeking better protection of the country's critical infrastructure from cyber attacks.

Over the weekend, cyber-security specialists Mandiant reported that a secretive Chinese military unit was believed to have orchestrated a series of attacks on U.S. companies, which Beijing has strongly denied.

White House spokesman Jay Carney told reporters on Tuesday that the Obama administration has repeatedly taken up its concerns about Chinese cyber-theft with Beijing, including the country's military. There was no indication as to whether the group described by Mandiant was involved in the attacks described by Apple and Facebook.

An Apple spokesman declined to specify how many companies had been breached in the campaign targeting Macs, saying he could not elaborate further on the statement it provided.

"Apple has identified malware which infected a limited number of Mac systems through a vulnerability in the Java plug-in for browsers. The malware was employed in an attack against Apple and other companies, and was spread through a website for software developers," the statement said.

"We identified a small number of systems within Apple that were infected and isolated them from our network. There is no evidence that any data left Apple," it continued.

The statement said Apple was working closely with law enforcement to find the culprits, but the spokesman would not elaborate. The Federal Bureau of Investigation declined to comment.

Apple said it plans to release a piece of software on Tuesday, which it said customers can use to identify and repair Macs infected with the malware used in the attacks.

(Editing by Andre Grenon, Edwin Chan and Richard Chang)

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Huawei denies work in field linked to U.S. death in Singapore

SINGAPORE (Reuters) - Chinese telecommunications company Huawei said on Monday it had not worked with an institute in Singapore on any projects in the specialist field of an American engineer who died mysteriously last year shortly after leaving the institute.

Britain's Financial Times said on Saturday that Shane Todd had been working on "what was apparently a joint project" between Singapore's Institute of Microelectronics, or IME, and Huawei shortly before he died last June.

His parents have said he was murdered because of his involvement in the project, which they say involved exporting sensitive military technology to China.

IME declined immediate comment.

Singapore police said they were still investigating the death of Todd, 31, and would submit their evidence to a coroner. Singaporean pathologists concluded in an autopsy last June that he died by hanging in his Singapore flat.

"IME approached Huawei on one occasion to cooperate with them in the GaN field, but we decided not to accept, and consequently do not have any cooperation with IME related to GaN," Huawei said in a statement.

Todd's area of expertise was Gallium Nitride (GaN), an advanced semiconductor material which has both commercial and military purposes. It is used in things from blue-ray disc players to military radars.

Huawei said that the development of GaN technology was commonplace across the telecommunications industry.

Reuters reviewed evidence the family presented supporting its theory a few weeks after his death, including emails, other documents and photographs.

Interviews with the family, colleagues and friends revealed conflicting views on Todd's state of mind before his death, the nature of his work and how he died.

Colleagues said that he was increasingly depressed in his last few months, but said that his concerns appeared to centre on a sense of failure about his work, and an ambivalence about returning to the United States.

Researchers in unrelated fields have also questioned how, if his work was so sensitive, he was able to take home computer files from his office. His family retrieved a hard drive which included work files in his flat.

IME is part of a network of research institutes managed by government-run Agency for Science, Technology and Research, or A*Star.

A former A*Star researcher now working in the United States pointed out that IME and other A*Star institutes were not military research organizations.

"AFRAID"

At the heart of the family's theory is that Todd was concerned for his safety because of a project with a Chinese company. They believed, through information from his colleagues and from his computer files, that the company was Huawei.

Reuters can't independently corroborate their views about the role of Huawei or the circumstances of Todd's death.

Huawei is one of the world's largest telecommunication equipment companies, but has been blocked from some projects in Australia and deemed a security risk by the U.S. congress on the grounds that its equipment could be used for spying.

Huawei has routinely denied such accusations and has said it is not linked to the Chinese government.

Todd's parents said in interviews in July that Singapore police and IME had failed to properly investigate his death after his body was found hanging from a door in his Singapore apartment on the evening of June 24, two days after he quit IME.

Singapore police say they have handled the case as they have handled other cases, and their procedures follow high international standards. They said in such cases of unnatural death, "no prior assumptions" were made about the cause.

The parents did not immediately respond to emails requesting comment on the Financial Times report but Todd's mother, Mary, said in a telephone interview with Reuters last July that he had been scared.

"I had been talking to him for months for at least an hour every week and he told us he was afraid of being murdered because of his contacts with the Chinese government," she said.

"He quit his job because of it."

Huawei declined to say whether they had been working on other projects with IME. Colleagues said shortly after Todd's death that he had told them at one point he had been working on a project with Huawei but that it was not sensitive or high-level in nature.

One described it as carrying out "measurement test reports" of semiconductors.

The Financial Times said that Todd had been involved in proposing a joint project with Huawei. While it did not say whether the project was approved, it quoted his parents as saying that subsequently he complained to them of being asked to do things with a Chinese company he did not identify that made him uncomfortable.

(Additional reporting by Kevin Lim; Editing by Robert Birsel)

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Intel Israel more than doubles exports, mulls new investment

TEL AVIV (Reuters) - Intel's Israeli subsidiary more than doubled its exports in 2012 to $4.6 billion and is seeking to bring manufacturing of the company's next generation of chips to Israel.

Intel's exports, which rose 109 percent from $2.2 billion in 2011, were boosted by the start of production of chips using 22 nanometer technology at its Kiryat Gat plant in southern Israel, which is now operating at full capacity.

Intel, the world's No. 1 chipmaker, will build chips over the next two to three years with features measuring just 14 nm in Ireland and the United States but the company is already thinking about where it will produce 10 nm chips. The narrower the features, the more transistors can fit on a single chip, improving performance.

Intel Israel executives said they would like to see 10 nm production in Israel.

"The average life of a technology is two to six years so we need to be busy to get the next technology, 10 nanometer," Maxine Fassberg, general manager of Intel Israel, told a news conference on Sunday. "We need to get a decision far enough in advance to be able to upgrade the plant. So for 10 nanometer, decisions will need to be made this year."

Fassberg said upgrading the existing Fab 28 plant in Israel would require a lower investment than building a new plant but would still involve several billion dollars.

Intel Israel has in the past received government grants to help with the costs of its investments and Fassberg told Reuters the company was "constantly in talks with the government".

Intel has invested $10.5 billion in Israel in the past decade, including $1.1 billion in 2012, and has received $1.3 billion in government grants.

The company accounted for 20 percent of Israel's high-tech exports last year and 10 percent of its industrial exports, excluding diamonds.

"If Intel had not increased its exports, Israel's high-tech exports would have shrunk by 10 percent," Intel Israel President Mooly Eden said.

Most of Intel Israel's exports - $3.5 billion - came from its chip manufacturing activities.

Intel is Israel's largest private employer, with 8,542 workers, up 10 percent from 2011. The company has two plants - in Jerusalem and Kiryat Gat - as well as four research and development centers.

Eden said Intel was also committed to investing in start-ups, having invested in 64 Israeli companies since 1996. In July its global investment arm Intel Capital said it would expand its operations in Israel.

(Reporting by Tova Cohen; Editing by Helen Massy-Beresford)

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Facebook hacked, social media company says

(Reuters) - Facebook said on Friday that it been the target of a series of attacks by an unidentified hacker group, but it had found no evidence that user data was compromised.

"Last month, Facebook security discovered that our systems had been targeted in a sophisticated attack," the company said in a blog post. "The attack occurred when a handful of employees visited a mobile developer website that was compromised."

The social network, which says it has more than one billion active users worldwide, added: "Facebook was not alone in this attack. It is clear that others were attacked and infiltrated recently as well."

Facebook's announcement follows recent cyber attacks on other prominent websites. Twitter, the microblogging social network, said this month that it had been hacked, and that approximately 250,000 user accounts were potentially compromised, with attackers gaining access to information including user names and email addresses.

Newspaper websites including The New York Times, The Washington Post, and The Wall Street Journal have also been infiltrated, according to the news organizations. Those attacks were attributed by the news organizations to Chinese hackers targeting their coverage of China.

(Reporting By Tim Reid; Editing by Gary Hill)

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Big hedge funds fueled fourth-quarter dive in Apple shares

BOSTON (Reuters) - Some of the biggest hedge funds that helped make Apple Inc a stock market darling lost faith and dumped their stakes in the fourth quarter, fueling the massive drop in the iPhone maker's share price.

Noted stock pickers including Leon Cooperman, Eric Mindich and Thomas Steyer unloaded billions of dollars of Apple shares between September 30 and December 31, according to disclosure documents filed on Thursday.

Shares of Apple rose to an all-time high of $705.07 on September 21 but ended 2012 down more than 24 percent from that peak as investors worried about increasing competition and declining profit margins.

The shares also may have dropped because their price rose too much, too fast.

"The stock just went up so much in early 2012 and then was coming back to earth," said Justin Walters, co-founder of Wall Street research firm Bespoke Investment Group. "Three months from now, we'll be seeing a lot of the people who sold starting to pick it up again."

The fourth-quarter sellers avoided even deeper losses. Apple's shares have lost 12 percent so far this year. The shares lost 42 cents, or 0.1 percent, to close at $466.59 on the Nasdaq on Thursday.

Cooperman's Omega Advisors fund dumped its entire stake of more than 266,000 shares during the fourth quarter, according to its required quarterly disclosure form filed with the Securities and Exchange Commission.

Mindich, named the youngest partner ever at Goldman Sachs before starting his Eton Park Capital Management fund in 2004, got out of Apple entirely in the fourth quarter after making big sales in the third quarter as well. Eton owned 600,000 shares at the beginning of 2012.

Farallon Capital, the hedge fund founded by Steyer, sold 137,000 shares. Steyer, who once worked on the Goldman Sachs risk arbitrage desk under Robert Rubin, stepped down at the end of the year from the firm, which he founded in 1986. Rubin served as U.S. Treasury secretary from 1995 to 1999.

Jana Partners, an activist fund run by Barry Rosenstein, also unloaded its entire Apple stake of more than 143,000 shares. Other notable sellers included Third Point LLC, which had owned 710,000 shares, Viking Global Investors, which dumped 1.1 million shares and Lone Pine Capital, which sold over 800,000 shares.

A much smaller line up of funds bought shares amid the stock's crash. David Tepper's Appaloosa Management nearly doubled its stake during the quarter to about 913,000 shares. George Soros more than doubled his stake to about 184,000 shares. And David Einhorn, who last week sued Apple in a bid for higher dividends, added 20 percent to his holdings to end the quarter with 1.3 million shares.

PROFITABLE TRADES

Despite the plunge in Apple's stock price, most of the managers likely exited their positions with substantial profits because they bought years earlier.

Rosenstein and Cooperman, for example, both started gathering their stakes in the middle of 2010, when Apple shares traded below $300.

At the time, the company's iPhone 4 was beset by alleged faulty reception, a problem that became known as "antennagate." Apple's then-chief executive, the late Steve Jobs, famously dismissed the issue, saying "we don't think we have a problem." But Apple offered customers a free bumper case that was supposed to minimize any issues.

Customers did not seem to care, snapping up millions of iPhones and sending Apple's share price up almost 50 percent over the next year.

Apple came under further scrutiny last week from Greenlight's Einhorn. Einhorn filed a lawsuit to block changes in Apple's policy for issuing preferred stock. Instead, Apple should issue a new class of preferred stock to share more of its $137 billion cash hoard with shareholders, Einhorn said.

Apple Chief Executive Tim Cook dismissed the moves as a "silly sideshow" on Tuesday.

SOME TRIMMED

Not all well-known hedge fund fans of Apple cut ties in the fourth quarter. Some only trimmed their holdings.

Philippe Laffont, who worked under famed hedge fund manager Julian Robertson before striking out on his own at Coatue Management, sold about 18 percent of his Apple shares. Coatue ended the year with a still sizable 643,000 shares.

Chase Coleman, another manager who worked for Robertson, reduced the Apple stake at his Tiger Global Management fund by 19 percent to just over 1 million shares.

Robertson's own Tiger Management LLC fund trimmed its Apple stake by 28 percent to about 42,000 shares.

Large hedge funds are required to disclose their U.S. stock holdings within 45 days after the end of each quarter.

But the filings may not give a complete picture of each fund's moves, since only U.S.-listed shares and options must be revealed. Bonds, foreign shares and derivatives are not included, and short positions, or bets that a stock will fall in price, are not listed.

(Reporting by Aaron Pressman; Additional reporting by Katya Wachtel, Svea Herbst, Sam Forgione and Jennifer Ablan in New York; Editing by Steve Orlofsky and David Gregorio)

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Egyptian regulator appeals against court's YouTube ban

CAIRO (Reuters) - Egyptian authorities appealed on Thursday against a court order banning the video file-sharing site YouTube for a month over an amateur video that denigrates the Prophet Mohammad, saying the ruling was unenforceable.

"The National Telecommunication Regulatory Authority has presented an appeal to halt implementation of the verdict," said a statement from the Ministry of Communications and Information Technology.

Egypt's administrative court ordered the ministries of communication and investment to block YouTube, owned by Google, inside the country because it had carried the film "Innocence of Muslims", said the state news agency MENA.

The low-budget 13-minute video, billed as a film trailer and made in California with private funding, provoked a wave of anti-American unrest in Egypt, Libya and dozens of other Muslim countries in September.

The video depicts the Prophet as a fool and a sexual deviant. For most Muslims, any portrayal of the Prophet is considered blasphemous.

A statement issued after talks between ministry officials and the telecoms regulator said it was technically impossible to shut down YouTube in Egypt without affecting Google's Internet search engine, incurring potentially huge costs and job losses.

"The government cannot carry out the contents of the verdict within Egypt's borders," the statement said. The only step the authorities could take was to block the offending film within Egypt, which had already been done.

Only the United States had the capability to shut down YouTube, it said.

"Blocking YouTube would affect the search engine of Google, of which Egypt is the second biggest user in the Middle East," the statement said. This would cause losses to the economy of up to hundreds of millions of Egyptian pounds (tens of millions of dollars) and affect thousands of jobs, it added.

In a statement, Google said it had created a simple mechanism for legal authorities to request the blocking of content viewed as illegal.

(Reporting by Tom Perry; Writing by Paul Taylor; Editing by Kevin Liffey)

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High stakes if Apple e-books antitrust case goes to trial

NEW YORK (Reuters) - As the only remaining defendant in the U.S. government's e-books antitrust case, Apple Inc appears headed for a high-stakes trial that could significantly increase the personal computer company's liability in related litigation.

Apple faces a June 3 trial date over civil allegations by the U.S. Department of Justice that it conspired with five publishers to raise the price of e-books and to fight the dominance of Amazon.com Inc.

On Friday, Macmillan became the fifth and final publisher to settle with the government. The Justice Department alleges that Apple came to agreements with each of the publishers meant to ensure that e-book prices at its iBookstore and other retailers would remain higher than those offered by Amazon.com.

At the Apple trial, to be overseen by U.S. District Judge Denise Cote in Manhattan, the Justice Department will seek not monetary damages but a judicial decree that Apple violated antitrust law, court papers said.

Among other things, government lawyers want the judge to issue an order enjoining Apple from engaging in any conduct similar to that alleged in the case. Such a judgment could make Apple vulnerable to steep damages in related litigation.

Apple and the publishers also face a class-action suit filed on behalf of consumers and a similar suit filed by dozens of state attorneys general. Neither suit puts a figure on the exact amount of damages sought.

The Consumer Federation of America estimated in a letter last year to the Senate antitrust subcommittee that e-book price fixing would likely cost consumers more than $200 million in 2012. State and federal antitrust laws allow plaintiffs to recover triple the amount of actual damages established at trial.

If Apple loses against the Justice Department, those plaintiffs would be in a "powerful position" to win their cases, according to Harry First, a professor at New York University School of Law specializing in antitrust.

Under the Clayton Act, an antitrust statute, plaintiffs can use judgments obtained by the U.S. government as evidence against defendants.

If Apple loses, it is unclear whether both the states and the private plaintiffs will be able to seek and recover damages for the same conduct.

By contrast, if Apple were to prevail, it would cause "a lot more trouble" for the plaintiffs in the other cases, First said.

Apple declined to comment. It still may settle with the U.S. government.

In December, Apple and four publishers came to an agreement with European Union regulators over their antitrust probe into e-books. The fifth publisher, Pearson Plc's Penguin group, also under investigation, was not part of the European deal announced in December.

LITTLE TO GAIN

Apple may have little to gain by going to trial in the United States, according to some legal experts.

Under settlements with the Justice Department, the five publishers were required to terminate or not renew deals with Apple and other retailers that the government claimed were anti-competitive.

Apple and the government have less to argue over since those deals have been undone, Daniel Crane, a law professor at the University of Michigan Law School, said.

"What are they fighting over?" he said.

Crane added that Apple may be interested in going to trial to establish an antitrust principle that might help other aspects of its business such as content deals with entertainment companies.

The trial would be a big test for the Justice Department's Antitrust Division, which has sought to enhance its reputation for its trial capabilities under the Obama administration.

The government has been represented by Mark Ryan, who is director of litigation, a new position in the Antitrust Division. Ryan, who began in January 2012, was hired by Joseph Wayland, the former acting assistant attorney general for the Antitrust Division.

Last year Wayland cited Ryan in a speech about the Antitrust Division's focus on enhancing its litigation capabilities. Under the Obama administration, the Antitrust Division has scored a number of high-profile trial victories, including a criminal price-fixing case against Taiwan-based AU Optronics Corp last year and a successful challenge of H&R Block Inc's acquisition of 2SS Holdings Inc, developer of the TaxACT digital tax preparation business, in 2011.

Apple is represented by lawyers at Gibson, Dunn & Crutcher. One of the law firm's attorneys who recently made an appearance in the case, Orin Snyder, won a favorable settlement last year for Voom HD Holdings, once a unit of Cablevision, following a trial against Dish Network.

Voom sued Dish for $2.4 billion alleging it violated a 15-year contract to carry a suite of high-definition channels, including those devoted to Kung Fu and video games. Under the settlement, Dish agreed to pay $700 million to Cablevision and AMC Networks, which Cablevision spun off last year.

The case is United States v. Apple Inc et al, U.S. District Court, Southern District of New York, No. 12-02826.

(Reporting by Andrew Longstreth; Editing by Howard Goller and Eric Beech)

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Apple CEO calls Einhorn lawsuit a "sideshow"

SAN FRANCISCO (Reuters) - Apple Inc Chief Executive Tim Cook called David Einhorn's lawsuit against his company a "silly sideshow" but said the board is carefully considering the star hedge fund manager's proposal to issue preferred stock, calling it "creative."

Waving aside Einhorn's assertion that Apple is clinging to a "Depression-era" mentality, Cook said on Tuesday the board is in "very active discussions" on how to share more of its $137 billion hoard of cash and marketable securities.

Einhorn is suing Apple as part of a wider effort to get the iPhone maker to share more of its cash pile, one of the largest in the technology industry. Einhorn wants the company to issue perpetual preferred shares that pay dividends to existing shareholders, arguing that such a vehicle would be superior to dividends or share buybacks.

His clash with Apple centers on a proposed change to its charter that would eliminate the company's ability to issue "blank check" preferred stock at its discretion. Apple, which said the change would not preclude future issuance of preferred shares, is recommending shareholders vote in favor at its annual meeting on February 27.

The lawsuit, filed in the U.S. district court in Manhattan, challenges the bundling of the charter change with two other corporate governance-related proposals in "Proposal 2," in the proxy document for the annual meeting.

Cook gave Einhorn credit for the idea, but the usually calm chief executive turned slightly impatient when discussing the topic. He was dismissive of Einhorn's media and legal blitz - which included the lawsuit as well as multiple television and media interviews - terming it "bizarre."

Cook, who traded in his usual casual jeans attire for a suit jacket, said the more serious issue here was finding ways to return cash.

"This is a waste of shareholder money and a distraction and not a seminal issue for Apple. That said, I support Prop 2. I am personally going to vote for it," Cook told investors at Goldman Sachs' annual technology industry conference in San Francisco.

"My preference would be that everyone on both sides of the issue would take the money they are spending on this and donate it to a worthy cause," he said at the start of an hour-long, on-stage interview conducted by the investment bank.

The conflict over Prop 2 "is a silly sideshow," he added. Cook said he thought it "bizarre that we would find ourselves being sued for doing something good for shareholders."

Apple's share price has tumbled in recent months from a high of just over $700 last September. In early afternoon trade on Tuesday, the shares were down around 1.2 percent at $474.24.

DIMINISHING CLOUT

Apple stock is a mainstay of many fund managers' portfolios, with research firm eVestment estimating that 75 percent of U.S. large-cap growth managers had invested more than 5 percent of their portfolios in Apple as of the end of the third quarter of 2012.

But that also increases the pressure on Apple to give away a bigger portion of its cash hoard, which is rising as the share price declines and its outlook grows murkier.

Cook touched on Apple's acquisition strategy, saying that the company has looked at more than one large acquisition but that none passed the company's internal test.

But Apple could do one in the future, if the technology fits, he said.

"We have the management talent and depth to do it," he said. "We don't feel the pressure to go out and acquire revenue."

Cook, introduced briefly by Goldman Sachs CEO Lloyd Blankfein, disputed a popular view that the smartphone market in developed markets may be saturated.

"On a longer-term basis, all phones will be smartphones and there's a lot more people in the world than 1.4 billion, and people love to upgrade their phones very regularly," he said.

The company is also trying to appeal to cost-conscious customers. Apple has moved to make the iPhone more affordable without introducing a specific cheaper phone, by cutting prices of older models.

"We didn't have enough supply of iPhone 4 after we cut the price," he said. "It surprised us, the level of demand for it."

The chief executive, who departed for Washington, D.C after the conference to join U.S. first lady Michelle Obama at the President's State of the Union address later on Tuesday, otherwise stuck pretty much to his regular script - with a sprinkling of lighter, more personal moments.

He grew animated when praising Apple employees or talking about the company's efforts to improve labor conditions across its sprawling supply chain, and touted the Apple store concept for its uplifting ability.

Cook said that when he is down, he just visits an Apple retail store. "It's like Prozac. It's a feeling like no other."

(Additional reporting by Jennifer Saba in New York; Editing by Gerald E. McCormick, Claudia Parsons and Steve Orlofsky)

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Australia to grill Apple, others on pricing

CANBERRA (Reuters) - Apple Inc has been ordered to appear before Australia's parliament with fellow technology giants Microsoft Inc and Adobe Systems Inc to explain why local consumers pay so much for their products, despite the strong Aussie dollar.

Broadening a row between the world's most valuable company and Australian lawmakers over corporate taxes paid on Apple's operations, Apple executives were formally summonsed on Monday to front a parliamentary committee in Canberra on March 22.

"In what's probably the first time anywhere in the world, these IT firms are now being summoned by the Australian parliament to explain why they price their products so much higher in Australia compared to the United States," said ruling Labor government MP Ed Husic, who helped set up the committee.

High local prices and soaring cost-of-living bills for basic services are hurting the popularity of the minority Labor government ahead of a September 14 election it is widely tipped to lose, giving political momentum to the inquiry.

All three companies have so far declined to appear before the special committee set up in May last year to investigate possible price gouging on Australian hardware and software buyers, despite the Australian dollar hovering near record highs above the U.S. currency around A$1.03.

A 16GB WiFi iPad produced by Apple with Retina display sells in Australia for A$539, $40 above the price in the U.S., despite the stronger local currency. Microsoft's latest versions of office 365 home premium cost A$119 in Australia versus $99.99 in the United States.

IT firms and other multinationals have blamed high operating costs in Australia including high local wages and conditions, as well as import costs and the relatively small size of the retail market in the $1.5 trillion economy.

Failure to appear before the committee as ordered could leave all three firms open to contempt of parliament charges, fines or even jail terms.

"For some time consumers and businesses have been trying to work out why they are paying so much more, particularly for software, where if it's downloaded there is no shipping or handling, or much of a labor cost," Husic told Reuters.

Adobe and Microsoft have previously provided separate written statements and submissions to the inquiry. But executives have been reluctant to explain their pricing before a public inquiry.

Apple executives in Australia declined to comment when contacted by Reuters.

"The companies have blamed each other for not appearing. One will say 'we're not going to appear if the other is not going to appear'. So we've cut straight to the chase and said we'll just summons you," Husic said.

Price gouging in IT for hardware and software, Husic said, could be costing Australia's more than 2 million small and medium businesses as much as $10 billion extra.

Husic took aim at Apple last week over local taxes paid by the company, telling parliament that Apple generated A$6 billion in revenue in Australia in 2011, but paid only A$40 million in tax - less than one percent of turnover.

"While they generated A$6 billion in revenue, they apparently racked up from what I understand A$5.5 billion in costs. How?" Husic said. "They do not manufacture here. They have no factories here."

He accused Apple executives of maintaining a "cloak of invisibility", while dodging scrutiny of operations. Apple has been criticized elsewhere for its zealous secrecy.

"Ask anyone who has sought answers from them about their Australian operations and you will hear a common theme. They will not talk," he said.

(Editing by Shri Navaratnam)

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Insight: Apple and Samsung, frenemies for life

SAN FRANCISCO/SEOUL (Reuters) - It was the late Steve Jobs' worst nightmare.

A powerful Asian manufacturer, Samsung Electronics Co Ltd, uses Google Inc's Android software to create smartphones and tablets that closely resemble the iPhone and the iPad. Samsung starts gaining market share, hurting Apple Inc's margins and stock price and threatening its reign as the king of cool in consumer electronics.

Jobs, of course, had an answer to all this: a "thermo-nuclear" legal war that would keep clones off the market. Yet nearly two years after Apple first filed a patent-infringement lawsuit against Samsung, and six months after it won a huge legal victory over its South Korean rival, Apple's chances of blocking the sale of Samsung products are growing dimmer by the day.

Indeed, a series of recent court rulings suggests that the smartphone patent wars are now grinding toward a stalemate, with Apple unable to show that its sales have been seriously damaged when rivals, notably Samsung, imitated its products.

That, in turn, may usher in a new phase in the complex relationship between the two dominant companies in the growing mobile computing business.

Tim Cook, Jobs' successor as Apple chief executive, was opposed to suing Samsung in the first place, according to people with knowledge of the matter, largely because of that company's critical role as a supplier of components for the iPhone and the iPad. Apple bought some $8 billion worth of parts from Samsung last year, analysts estimate.

Samsung, meanwhile, has benefited immensely from the market insight it gained from the Apple relationship, and from producing smartphones and tablets that closely resemble Apple's.

While the two companies compete fiercely in the high-end smartphone business - where together they control half the sales and virtually all of the profits - their strengths and weaknesses are in many ways complementary. Apple's operations chief, Jeff Williams, told Reuters last month that Samsung was an important partner and they had a strong relationship on the supply side, but declined to elaborate.

As their legal war winds down, it is increasingly clear that Apple and Samsung have plenty of common interests as they work to beat back other potential challengers, such as BlackBerry or Microsoft.

The contrast with other historic tech industry rivalries is stark. When Apple accused Microsoft in the 1980s of ripping off the Macintosh to create the Windows operating system, Apple's very existence was at stake. Apple lost, the Mac became a niche product, and the company came close to extinction before Jobs returned to Apple in late 1996 and saved it with the iPod and the iPhone. Jobs died in October 2011.

Similarly, the Internet browser wars of the late 1990s that pitted Microsoft against Netscape ended with Netscape being sold for scrap and its flagship product abandoned.

Apple and Samsung, on the other hand, are not engaged in a corporate death match so much as a multi-layered rivalry that is by turns both friendly and hard-edged. For competitors like Nokia, BlackBerry, Sony, HTC and even Google - whose Motorola unit is expected to launch new smartphones later this year - they are a formidable duo.

THE WAY THEY WERE

The partnership piece of the Apple-Samsung relationship dates to 2005, when the Cupertino, California-based giant was looking for a stable supplier of flash memory. Apple had decided to jettison the hard disc drive in creating the iPod shuffle, iPod nano and then-upcoming iPhone, and it needed huge volumes of flash memory chips to provide storage for the devices.

The memory market in 2005 was extremely unstable, and Apple wanted to lock in a supplier that was rock-solid financially, people familiar with the relationship said. Samsung held about 50 percent of the NAND flash memory market at that time.

"Whoever controls flash is going to control this space in consumer electronics," Jobs said at the time, according to a source familiar with the discussions.

The success of that deal led to Samsung supplying the crucial application processors for the iPhone and iPad. Initially, the two companies jointly developed the processors based on a design from ARM Holdings Plc, but Apple gradually took full control over development of the chip. Now Samsung merely builds the components at a Texas factory.

The companies built a close relationship that extended to the very top: in 2005, Jay Y. Lee, whose grandfather founded the Samsung Group, visited Jobs' home in Palo Alto, California, after the two signed the flash memory deal.

The partnership gave Apple and Samsung insight into each other's strategies and operations. In particular, Samsung's position as the sole supplier of iPhone processors gave it valuable data on just how big Apple thought the smartphone market was going to be.

"Having a relationship with Apple as a supplier, I am sure, helped the whole group see where the puck was going," said Horace Dediu, a former analyst at Nokia who now works as a consultant and runs an influential blog. "It's a very important advantage in this business if you know where to commit capital."

Samsung declined to comment on its relationship with a specific customer.

As for Apple, it reaped the benefit of Samsung's heavy investments in research and development, tooling equipment and production facilities. Samsung spent $21 billion (23 trillion won) on capital expenditures in 2012 alone, and plans to spend a similar amount this year.

By comparison, Intel Corp spent around $11 billion in 2012, and Taiwan Semiconductor Manufacturing Co Ltd (TSMC) expects to spend $9 billion in 2013.

But component expertise, cash and good market intelligence did not assure success when Samsung launched its own foray into the smartphone market. The Omnia, a Windows-based product introduced in 2009, was so reviled that some customers hammered it to bits in public displays of dissatisfaction.

Meanwhile, Samsung publicly dismissed the iPhone's success.

"The popularity of iPhone is a mere result of excitement caused by some (Apple) fanatics," Samsung's then-president, G.S. Choi, told reporters in January 2010.

Privately, though, Samsung had other plans.

"The iPhone's emergence means the time we have to change our methods has arrived," Samsung mobile business head J.K. Shin told his staff in early 2010, according to an internal email filed in U.S. court.

Later that year, Samsung launched the Galaxy S, which sported the Android operating system and a look and feel very similar to the iPhone.

STANDOFF

Jobs and Cook complained to top Samsung executives when they were visiting Cupertino. Apple expected, incorrectly, that Samsung would modify its design in response to the concerns, people familiar with the situation said.

Apple's worst fears were confirmed with the early 2011 release of the Galaxy Tab, which Jobs and others regarded as a clear rip-off of the iPad.

Cook, worried about the critical supplier relationship, was opposed to suing Samsung. But Jobs had run out of patience, suspecting that Samsung was counting on the supplier relationship to shield it from retribution.

Apple filed suit in April 2011, and the conflagration soon spread to courts in Europe, Asia and Australia. When Apple won its blockbuster billion-dollar jury verdict against Samsung last August, it appeared that it might be able to achieve an outright ban on the offending products - which would have dramatically altered the smartphone competition.

But Apple has failed to convince U.S. judges to uphold those crucial sales bans - in large part because the extraordinary profitability and market power of the iPhone made it all but impossible for Apple to show it was suffering irreparable harm.

"Samsung may have cut into Apple's customer base somewhat, but there is no suggestion that Samsung will wipe out Apple's customer base, or force Apple out of the business of making smartphones," U.S. District Judge Lucy Koh wrote. "The present case involves lost sales - not a lost ability to be a viable market participant."

Samsung, meanwhile, came under pressure from antitrust regulators and pulled back on its effort to shut down Apple sales in Europe over a related patent dispute.

A U.S. appeals court recently rejected Apple's bid to fast-track its case, meaning its hopes for a sales ban are now stuck in months-long appeals, during which time Samsung may very well release the next version of its hot-selling Galaxy phone.

THE WORLD IS OURS

The legal battles have been less poisonous to the relationship than some of the rhetoric suggests.

"People play this stuff up because it shows a kind of drama, but the business reality is that the temperature isn't that high," said one attorney who has observed executives from both companies.

Still, the hostilities appear to have put some dents in the partnership. Apple is likely to switch to TSMC for the building of application processors, according to analysts at Goldman Sachs, Sanford Bernstein and other firms. But analysts at Korea Investment & Securities and HMC Securities point out that Apple will not be able to eliminate Samsung as a flash supplier because it remains the dominant producer of the crucial chips.

Apple declined to comment on the details of its relationships with any one supplier.

Meanwhile, both companies are deploying strategies out of the other's playbook as they seek to maintain and extend their lead over the pack.

Samsung has developed a cheeky, memorable TV ad that mocks Apple customers, and dramatically ramped up spending on marketing and advertising, a cornerstone of Apple's success. U.S. ad spending on the Galaxy alone leaped to nearly $202 million in the first nine months of 2012, from $66.6 million in 2011, according to Kantar Media.

For its part, Apple is investing in manufacturing by helping its suppliers procure the machinery needed to build large-scale plants devoted exclusively to the company.

Apple spent about $10 billion in fiscal 2012 on capital expenditures, and it expects to spend a further $10 billion this year. By contrast, the company spent only $4.6 billion in fiscal 2011 and $2.6 billion in fiscal 2010.

But Apple and Samsung retain very different strategies. Apple has just one smartphone and only four product lines in total, and tries to keep variations to a bare minimum while focusing on the high end of the market.

Samsung, by contrast, has 37 phone products that are tweaked for regional tastes and run the gamut from very cheap to very expensive, according to Mirae Asset Securities. The company also makes chips, TVs, appliances and a host of other products (and its brethren in the Samsung Group sell everything from ships to insurance policies).

Apple devices are hugely popular in the United States; Samsung enjoys supremacy in developing countries like India and China. Apple keeps its core staff lean - it has only 60,000 employees worldwide - and relies on partners for manufacturing and other functions. Samsung Electronics, part of a sprawling "chaebol," or conglomerate, that includes some 80 companies employing 369,000 people worldwide, is far more vertically integrated.

It is those differences, combined with the formidable strengths that both companies bring to the market, that may render quiet cooperation a better strategy than all-out war for some time to come.

Said Brad Silverberg, a former Microsoft executive who was involved in the Mac vs. Windows wars, "Apple had learnt a lot of lessons from those days."

(Reporting by Dan Levine and Poornima Gupta in San Francisco, and Miyoung Kim in Seoul; Editing by Jonathan Weber, Tiffany Wu and Peter Cooney)

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Google's Schmidt to sell roughly 42 percent of stake

SAN FRANCISCO (Reuters) - Google Inc Executive Chairman Eric Schmidt is selling roughly 42 percent of his stake in the Internet search company, a move that could potentially net the former chief executive a $2.51 billion windfall.

Schmidt, 57, will sell 3.2 million shares of Class A common stock through a stock trading plan, Google said in a filing with the U.S. Securities and Exchange Commission on Friday.

The plan, which Google said would give Schmidt "individual asset diversification and liquidity," allows Schmidt to spread trades out over a period of one year to reduce the market impact.

Shares of Google were down $4.11 at $781.26 in after-hours trading on Friday.

A Google spokeswoman would not comment on why Schmidt is selling the shares at this time.

Wedbush Securities analyst James Dix said Schmidt's stock sales did not worry him or signal a loss of confidence in the company by Schmidt.

"I'd be more worried if the current CEO or CFO sold a lot of their stake," said Dix.

Schmidt, who served as Google's chief executive until 2011, currently owns roughly 7.6 million shares of Class A and Class B common stock. The shares represent 2.3 percent of Google's outstanding stock and roughly 8.2 percent of the voting power of Google's stock.

The fact that Schmidt will still own a significant amount of shares after the sales means he'll have a good deal of "skin in the Google game," said Needham & Co analyst Kerry Rice. But he said it could hint at Schmidt playing a less central role within the company going forward.

"My speculation is that Eric's relationship with Google is evolving," said Rice. "I would assume that as he decides he wants to diversify away from Google - both his career and financially - he's got ideas of what he would like to do with some of his funds."

Schmidt, who helped turn Google into the world's No.1 search engine during his decade as CEO, handed the reins to Google co-founder Larry Page in April 2011.

As executive chairman, Schmidt has been particularly involved in government relations, taking a leading role in the company's discussions with antitrust regulators in the United States and the European Union. The U.S. Federal Trade Commission ended its investigation into Google last month without any action. Google has offered to change some of its business practices to appease European competition regulators.

"As Google moves to maybe more tactical battles, as opposed to the strategic battles it's been waging with the government, once those are concluded, maybe his role can be lessened," said Needham & Co's Rice.

Schmidt has also made headlines apart from Google. In January, Schmidt traveled to North Korea with former New Mexico Governor Bill Richardson for a "personal" trip. The trip was criticized by the U.S. State Department as ill-timed - coming weeks after North Korea conducted a rocket launch in violation of U.N. Security Council sanctions.

Shares of Google are trading at all-time highs, finishing Friday's regular session at a record closing price of $785.37. At that price, Schmidt's share sales would be worth $2.51 billion.

Google said that Schmidt entered into the stock trading plan in November.

Schmidt was ranked 138 on the Forbes list of global billionaires with a net worth of $6.9 billion in March 2012.

Given Schmidt's changed role at the company and the amount of his wealth tied up in Google's stock, it was not unreasonable for him to diversify his holdings, said Wedbush Securities analyst Dix.

"As good as Google stock is, it isn't as good as cash if you actually want to buy something," he said.

(Reporting by Alexei Oreskovic; Editing by Tim Dobbyn and Lisa Shumaker)

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