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Picture it, it’s nearing October and the Red Sox and Yankees are meeting at Fenway for a final showdown.  The pennant is potentially on the line (or at least a playoff appearance).  Tensions are high.  Mariano Rivera is on the mound.  David Ortiz is at the plate. Tie game. Bottom of the 9th.  Bases loaded.  Full count. Two outs.   Rivera just got off the disabled list and his shoulder may be troubled.  Ortiz has had his number all season but he’s been slumping lately too; fatigued from the season and a lingering wrist injury.  One pitch will set the teams fates.  Win or lose.  Here it comes.

Now adjust your screen. The same scenario is actually playing out in a video game on your PS3 or Xbox 360.  The video game is mirroring reality.  You’re playing a friend for bragging rights and beer.  Same playoff race. Same scenario, right down to the injuries and fatigue.  

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The gloves came off today in Electronic Arts protracted hostile takeover effort to acquire Take Two but in a surprise twist, it wasn’t an escalation but rather a move toward a possible handshake and reconciliation.

EA announced they will allow their Tender Offer to expire tonight at midnight as planned.  Take Two, in turn, will include EA in their discussions about “Strategic Alternatives.”    As part of that dialogue, Take Two will provide EA with a formal presentation that includes non public product pipeline and financial projections.

The two companies talking amicably opens the door to the prospect of a possible friendly acquisition.

Timing is everything.

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When Google’s first cell phone ambitions started to fuel public conversation, the mysterious G-phone was a myth as exotic as an udumbara flower and as circulated as a chain email.  In November 2007, Google settled the mystery by revealing their plans for Android, a linux based, open-source mobile O.S. platform.  Now, there’s a tentative debut deadline for the first Android enabled phone.  It will be here by November 10th at the latest, possibly earlier.

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Summer is a time for BBQ’s and beaches.  The weather is good and people tend to enjoy it.  Not surprisingly, as a result, it’s a slower period for indoor entertainment products like video games.  Still, “slower” is a relative term.  According to newly released NPD sales data for July, even in a month of measured expectations, the industry delivered double digit year over year growth.

For the month of July,  the US gaming industry rose 28% over last year in total sales with revenue of $1.19b for the month.  Software was up the most with a 41% year over year gain.  Hardware and accessories were up 17%  and 19% respectively.

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Yahoo today confirmed the appointment of two board members to fill the seats pledged in the settlement of their proxy fight with Carl Icahn.  With front runner Jonathan Miller sidelined due to a non-compete agreement with his former employer, Yahoo named Frank Biondi and John Chapple to their board.  Each of the new appointees will bring different credentials to the table. More on each:

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The merits of unconditional giving aside, if you build something and decide to give it away, decide to put it into the public domain, can you attach strings to the gift? Can you set rules that stick with your invention and continually govern how it will be used from owner to owner to owner?   And  if those rules aren’t’ followed is the violation copyright infringement?   In a ruling deciding a case addressing the enforceability of open-source software licenses, Wednesday the US Court of Appeals for the Federal Circuit said yes.  The decision reversed a San Francisco Federal Court ruling.

To many, the news may seem like an insignificant, or esoteric, legal discussion.  The Open-Source community, which was rallying for the result, would argue otherwise. Click to Read More

Apple and retailer Best Buy got cozy with a “store within a store” pilot project a couple years ago.  After a successful test, the pilot became a full-fledged roll out.  Last week,  Best Buy finished another project: a long effort to upgrade its cell phone sales department. (Best Buy Mobile shops are a a joint venture with Britain’s Carphone Warehouse). Putting the Apple and Phone upgrades together, Best Buy selling the iPhone would seem a natural fit.  That’s exactly what was announced Wednesday.

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