Mobile-Controlled Camera Stand Swivl Returns, With Two New Products On Kickstarter

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Around this time last year, the Swivl iPhone dock launched, allowing users to record videos of themselves with a motion-tracking camera stand. The device, which was created by a startup called Satarii and originally backed through a crowdfunding campaign on Indiegogo, is now getting an upgrade. There are now two new versions of the Swivl available for users to check out.

We at TechCrunch TV got a chance to hang out with the Satarii guys and see what they’ve cooked up. The new Swivl devices are designed to work with tablets like the iPad, as well as DSLRs that can be rested on top of the device. And users will get a lot more control, as there will be a Swivl app to enable users to control the platform from other mobile devices.

The two versions of the Swivl will retail for $149 and $229, although the startup has a Kickstarter campaign going now that provides discounts for early adopters of the devices. The white plastic version ($149) comes with a removable cable interface for audio and camera data, Bluetooth & WiFi control, ability to pan 360 degrees and tilt 20 degrees, as well as a mounting kit for iPad or DSLR. The more expensive silver version of the device has all that plus the ability to automatically follow you wherever you go, remote control inputs, and a wireless mic and speaker setup for video conferencing and other tools.

The Satarii team doesn’t believe that it’ll be able to come up with all the interesting applications that the Swivl can be used for, and so they’re offering up an SDK for the device to allow third-party developers to create their own. Check out the video above to learn more about what they’re working on.

Movie Purchasing And Renting Come To 42 New Regional iTunes Stores As Apple Presses Its Media Advantage

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Apple has opened up movie purchase and rental options in a number of stores today, including a large number of countries in the EMEA region, as well as in Asia and Latin America. The new movie availability covers 42 new localized stores in total, smaller than the 56 markets where it officially opened new stores on Dec. 4, but nonetheless an impressive push to bring its media marketplace to new regions, which is a key element of its continued success in mobile.

Often, Apple’s international media ecosystem advantage is cited as a key benefit to the iOS platform over Android and other alternatives. In a detailed piece updated just after Apple announced its iTunes music store expansion earlier this month, MacStories takes a detailed look at the comparative state of media sales availability among the top tech companies, including Apple, Google, Microsoft and Amazon. Apple now reaches 60.96 percent of the world population through its music stores, well ahead of Microsoft’s next closest 16 percent and well beyond Google’s meagre 4.47 percent. For movies, Apple reached 50.67 percent of the world’s populations via 66 countries before today’s expanded rollout, so it’s now even further ahead of Microsoft (14.29 percent) and Google (10.73 percent) and it leaves Amazon in the dust (5.35 percent).

Amazon has a clear and commanding lead in ebooks, and Apple is tied with Microsoft in terms of TV offerings, but it continues to dominate music and movies by a very wide margin. The new rollout today has some limitations depending on which store you’re shopping from, including limited libraries (many only include movies from Disney, Sony and the subsidiaries of both companies) and some stores that don’t allow rentals or HD content. Typically when Apple has introduced limited service to a particular market, it has worked to roll out more complete service via staged introductions down the line, however, so watch for more full-featured stores to hit some of those areas in the future as well.

There are a lot of reasons for consumers to look at Apple’s competitors when considering a new mobile device choice, but Apple is aggressively pushing its advantage in terms of its media ecosystem. The company has a number of advantages in this regard, including being early to the space, but it clearly wants to solidify its place at the head of the class when it comes to music and movie content selection.

Yahoo! Makes Its Second Major Upgrade In Two Days: Flickr For iOS Overhauled, Major Update For Web

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As soon as Marissa Mayer was named Yahoo’s CEO, people were extremely loud about “saving” Flickr. What’s left of the passionate photo community have been waiting for innovation, something that they can get behind and feel good about when they’re spending their time using the site. Today, the company has released a completely overhauled version of Flickr for iOS, its first update since Dec 21, 2011. You read that right, the app hasn’t had an update since last December.

For some of us, we’ve moved on to other photo hosting and sharing services, and companies like Facebook and Google have taken a major bite out of Flickr’s powerful photographic stronghold. I’ve personally let my Flickr Pro account lapse, because there just wasn’t enough value in continuing to go back to it. That being said, Flickr still has an incredible number of photos on its service – Yahoo announced today that over 8 billion photos have been uploaded to date.

The site itself felt outdated, the features just weren’t up to par with other services, and there was a bit of uneasiness on what the direction of Flickr was. The company hopes that this will change at least some of those fears. It makes sense, since the iPhone has been the most popular “camera” on Flickr for the past seven years.

Twitter Cards support? Have no fear. Nothing will be cut off, cropped or flat out not displayed. Flickr VP, Brett Wayn says:

Our view on that is simple, the creator who is creating content has clear sharing intent, that’s their decision. We want to make the photo look as good as it can to take advantage of all platforms.

Flickr, the way it should be on mobile

The one thing that’s quite obvious with Flickr’s iOS overhaul, as well as the web updates that were pushed today, the company is going for consistency, everywhere. When users are on a mobile device, they should have a comfortable and familiar experience similar to what they’ve experienced on the web, and vice versa. To date, Flickr has simply not cashed in on that promise, but today’s update certainly pushes Yahoo in that direction. It was quite clear with Mail’s upgrade yesterday that this is an important mission for Yahoo!

The new navigation on desktop, complete with focus on Groups and broken out Upload link:

Have a look at the before and after of Flickr for iOS (last year’s on the left):

Let’s be completely honest here, the app you see on the left, the one from last year, is a piece of crap. The entire community knew it once it launched, and since it was never updated after, some felt like they might never see a new version again. Yes, it was that bad. Slow, as well.

When I played with the new Flickr app on an iPhone 5 yesterday, it was ridiculously snappy, rendered photos quickly, and slid around navigation-wise with pin-point precision. This thing is well done. The photo size isn’t cropped, instead shrunk and displayed appropriately within all of the stream views. Turn your device into landscape for lightbox view. It’s a nice touch, and fast.

People took great care in building this, and the photo creators are honored and promoted all over the place, even in this video:

The photo editing, both advanced and simple, are powered by Aviary, which will be familiar to current Flickr desktop users. It’s really easy to doctor up a photo, but I still feel that Google’s Snapseed has nailed the real desired user experience for this.

Like on the Flickr website, with the new app, users can upload photos from their camera roll, add photos to Groups and Sets, tag people, and add venues via Flickr’s Foursquare integration.

The new interesting photos area rely on a slew of different algorithms, which are fascinating. We’ll have more on this later, with a thorough walkthrough and interview with Flickr’s VP, Brett Wayn. I will tell you that my first question to Wayn was “What took you so long?” and his response was:

This is a very significant update for us. The last version update has been out there for some time. The way that I think about it is we’ve finally put photos front and center, and the old version was not as rich as far as display layers.

At least the team is completely honest about the state of things, which you have to appreciate. Will this be enough to keep the community happy, as well as bring new people into the mix? We will see.

Oh yeah…there are filters.

Expect Labs Taps Nuance’s Voice Recognition Tech In A Bid For Better Conversation Analysis

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San Francisco-based Expect Labs has been keeping awfully quiet since it announced that it raised $2.4 million in funding from Google Ventures and Greylock Partners back in October, but that silent streak ends today.

The team has just shed a little more light on how its vaunted Anticipatory Computing Engine will work — Expect Labs has tapped Nuance and its impressive voice recognition technology to help them in their mission to analyze your conversations and surface relevant information in real-time.

While CEO/co-founder Tim Tuttle and his colleagues hope that the ACE will eventually find its way into a number of apps and services (thanks to a Developer Platform that was hinted at when news of its funding round broke), what really helped to spark people’s imagination was the impressive MindMeld iPad app demoed at TechCrunch Disrupt SF 2012. Though you’d be forgiven for thinking it to be a simple voice/video chat service at first glance, that’s only half of the equation here — MindMeld provides a running stream of information relevant to the conversation at hand by monitoring a user’s physical location and online social activity, as well as quietly listening to the goings-on.

If that sounds tough, well, you don’t know that half of it. The work begins well before Nuance’s voice recognition tech enters the picture — Expect Labs’s system works by continually listening to a conversation in progress and analyzing the raw sound data and segmenting it into little chunks. Those sound chunks that the system believes contains relevant information are then passed along to Nuance, which converts the input into text to be used as search queries.

It’s worth noting that the MindMeld iPad app still hasn’t been released yet, though I’m told the Nuance partnership had little bearing on that. According to Tuttle, the original plan was to release a lean version of the MindMeld app shortly after its TechCrunch Disrupt debut and to rapidly iterate after that. That all changed after a deluge of positive press forced the team to consider “new feedback” from outside sources and rethink that initial plan.

“We wanted to make the product a little bit better to make sure that it disappointed people less,” Tuttle told me.

Fair enough, Tim, but please hurry — I (and more than a few others, naturally) want to start playing with this as soon as humanly possible.



Koozoo Raises $2.5M Seed Round Led By NEA And Tugboat To Cover The World With 24-Hour Mobile Video

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San Francisco-based Koozoo today announced a seed funding round of $2.5 million, led by New Enterprise Associates and Tugboat Ventures. The round also includes Salesforce co-founder Dave Moellenhoff and TMG Partners CEO Michael Covarrubias, and will be used to help Koozoo hire engineers to build out its vision of a world where crowdsourced, 24-hour mobile video provides a window on the world to anyone who wants to watch.

If that sounds a little creepy, that’s because the pitch does sort of sound that way initially: Koozoo is a platform that asks its users to set up old smartphones in windows in their apartments or at their business, for instance, to record public spaces and push that video out to its network. But co-founder Koozoo founder and CEO Drew Sechrist explained in an interview that Koozoo has rules in place to minimize the creep factor and maximize the value for users.

“Koozoo is for public places only, so private spaces or inappropriate content will be curated out of the system,” he said. “And we have a curation system that handles that. That’s the quick and dirty answer to it, the longer answer is that there will be grey areas of what’s appropriate content and what’s not, and we are building an advisory board of some of the world’s leading experts at the intersection of privacy and computer science, and we’ll be looking to those guys to advise us on those grey areas.”

So long as they can navigate those hurdles, Koodoo stands to build a powerful network with a variety of impressive potential uses. Live views of neighborhoods, streets and pubic venues would give Koozoo users access to a wealth of real-time information, including what the actual weather is like on the street, what the situation is like on the ground in a country experiencing political unrest, or how long they can expect to wait at that new restaurant nearby that doesn’t accept reservations.

“People want immediate access to what’s happening right now in the world, and this is a really interesting, innovative, important way that we can help people get that,” Sechrist said. “If you go back a few years, I remember how difficult it was to reconnect with old high school friends before Facebook, or to find factoids before Google, but those are a really simple matter now. The static information of the world has been indexed and served up to us in seconds, but I still can’t know what the line-up is like at the coffee shop around the corner.”

As a resource for live local information, Koozoo competes somewhat with Localmind, which provides Q&A with live local experts. Applications of Koozoo go beyond the more mundane task of asking for travel advice, however. Other potential uses include as a reporting tool for media who want eyes on the ground but can’t actually be there, much like Banjo provides but with live video. Should it succeed in scaling, it could provide mobile eyes on essentially the entire world, meaning endless possibilities for potential applications of its tech.

For now, Koozoo is focused on the San Francisco market in closed beta. It hopes to launch publicly in SF in early 2013, and then expand to other geographies from there. The startup faces a significant challenge in terms of getting people on board who have spare smartphones and are willing to set them up in windows for 24 hour video feeds, but Sechrist explained that the company plans to also tap other sources and provide other ways for members to contribute feeds in the future. Sci-fi movies often envisioned a future where much of the public world is monitored on video, but Koozoo offers up the possibility that individuals and their devices fuel that future, rather than governments.

The Android Ecosystem Is Two-Faced: YotaPhone Has LCD On One Side, Electronic Paper Display On The Other

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Fragmentation in the Android ecosystem can be a nightmare for developers – but despite all the variations between devices and operating system versions, it can remain a struggle for handset makers to produce smartphones that look distinctive from the rest of the pack. Now an enterprising Russian hardware maker is hoping its newest creation will be original and appealing enough to make some headway in the market. Yota Devices, a part of the same company that owns Russian LTE carrier Yota Mobile, has launched YotaPhone, a new Android handset that combines a full-colour touchscreen on one side, with an e-reader-style black-and-white electronic paper display on the other.

The two-faced device was formally unveiled today. In an interview earlier, Vladislav Martynov, CEO of Yota Devices, told TechCrunch that prototypes, which only arrived with Yota a few days ago, are now being sent out for testing with operators in Europe, Asia and North America, with the first deployments scheduled for Q3 of 2012.

Martynov will not say which carriers are evaluating it, as they are under NDA, but notes, “We know the operators pretty well because we sell modems, routers and other devices to them.” That has included 1 million LTE modems sold into the “top 10 mobile carriers in the world,” plus all of Russia’s major carriers, so this could be a steer on who is getting look in on the YotaPhone first.

As a case in point, Martynov and others at Yota are making a trip to London on Thursday, with the prototype, so it may be that they are meeting with some of those carriers this very week. (Reminder: Orange/France Telecom; Vodafone and Telefonica’s O2 all have their HQs here in London.) “The operators have been very excited” with what they’ve seen so far, he says.

The company will also be touting the YotaPhone even more widely at the upcoming trade shows, CES in Vegas and the Mobile World Congress in Barcelona.

Some of the specifics of what the YotaPhobe will feature include two 4.3-inch screens; “extended touch areas”; HD resolution; Gorilla Glass on both sides of the device; and multi-band, LTE-capable reception “that will work anywhere in the world.” In addition to coming loaded with the latest Android OS, it will be build on the Qualcomm Snapdragon MSM 8960 system on a single chip.

Yota has been developing the YotaPhone for the past two years — it has patented several technologies related to how the information can be passed from one screen to the other, with further patents on the device’s design.

Yota is one of a growing group of hardware makers that have made some devices for the Russian domestic market, but have ambitions to make a bigger impact on the global smartphone stage. The rise of open-source platforms like Android, and the path laid ahead by manufacturers of both high and low end smartphones from countries like China, both show the opportunities and challenges of competing in this already crowded market.

It remains to be seen whether the market treats this as a hardware gimmick, or something truly useful. In one vote for the latter, the device it was borne out of what Martynov says he and others at Yota saw as shortcomings with smartphones on the market at the moment.

“We don’t like the way certain things happen with smartphones today,” he said. One of those things, he said, has to do with battery life: many times we’re often caught short by it.

One thing that the YotaPhone will offer is the ability to shift some information to the black-and-white screen, such as ticketing information for a plane journey, which can be held there while you use the color screen for other services. That information will continue to remain on there even with the color screen runs down the battery.

The more eye-friendly black and white screen, also, can be used for extended reading, again helping to conserve the main battery. He notes that it can also be used for further “customizing” the phone with different graphical designs. This helps solve the issue of how “all Android phones look the same,” says Martynov.

Yota itself has developed technology to enable information to pass from one screen to the other; and it will also release APIs to developers to make use of it in specific ways in their apps.

Pricing for the device has not yet been revealed, but it will be on par with other premium Android devices, the company tells me.

Costanoa Venture Capital: A $100M Fund For Startups That Develop Cloud Services For Business And Consumer Markets

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Sutter Hill Ventures Greg Sands has left the firm to launch a $100 million fund to invest in early stage, cloud services for businesses and consumers that leverage data and analytics. Costanoa Venture Capital is launching with ten initial investments. Overall,  investments in portfolio companies will range from $500,000 to $3 million.

The mission is to help provide early stage entrepreneurs with a combination of “right-­sized” amounts of capital and support that entrepreneurs can’t get from angel investors and venture capitalists. Angel investors often invest less than $250,000. They often have little or no role to play in the company’s development. The larger venture capital firms have to be careful what role they play in a company’s long-term strategy in consideration that they may not participate in a follow-on round.

Sands spent 13 years at Sutter Hill. Investments he participated included Merced Systems; QuinStreet; Feedburner; AllBusiness; Return Path, and Youku. Prior to Sutter Hill, Sands was the first hire at Netscape Communications after its founding engineering team.  He was the company’s first product manager, wrote the initial business plan and can claim the fame of coming up with the Netscape name.

Costanoa will look for investments that have use data to create high-value applications. The fund also sees the opportunity to create consumer style user interfaces that use the cloud to deliver business or consumer services.  The need for better apps that help marketers manage big data will also get attention from Costanoa.

Costanoa has to date invested in Datalogix; DemandBase; Guardian Analytics; Inflection; Intacct; iSocket; Lex Machina; LinkSmart; Return Path, and Risk I/O.

Sands sees an opportunity to play a larger but not too obtrusive role with the companies Costanoa funds.  Its mission fits with the need for more services that better leverage data that can be aggregated and analyzed on the fly.

But it’s a funny time to launch a fund. The enterprise is confused about the cloud.  Using data effectively requires customers to take a look at their overall infrastructures. The market is not quite ready for that shift. Companies are struggling with virtualization and how to manage the consolidation of its data centers. Innovation is the name of the game in the startup world but customers are still sorting through how to balance its legacy infrastructure and what innovation to embrace. What results is an over-supply of services and questionable demand on the part of customers.

Pope Takes First Cautious Step On Twitter — Sends ‘Hello World’ Tweet (From An iPad)

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The Pope has sent his first ever tweet, after joining the social network earlier this month. The tweet references the connectedness offered by social media — noting that he is “pleased to get in touch” and thanking his (Twitter) followers for their “generous response” — presumably to his arrival (as @Pontifex) on the social network.

Here’s his first tweet in full

The Pope’s first tweet is a watershed moment for social media — as the old top-down ways of communicating, that are still all too often favoured by establishment institutions such as the Catholic Church, are shown again and again to be unworkable in a hyper connected age. Ignoring the place where people are choosing to communicate — and also to criticise — is no longer a viable option. Shunning social media means appearing not just out of touch — but irrelevant to a modern, digitally connected audience.

The Pope is not the only high profile individual who recently sent a first tweet. U.K. Prime Minister David Cameron signed up for a personal Twitter account in 2010 but only started tweeting from it in October — promising he would refrain from sending “too many tweets”.

Update: Now he’s started tweeting, the Pope is apparently in no hurry to stop — he’s just sent a couple more tweets. His second tweet is a question about how to “celebrate the Year of Faith better”, while the third tweet apparently answers the second

It is probably too much to hope the Pope engages with his Twitter follows in a proper back-and-forth conversation, rather than using the service as another pulpit to broadcast from. Judging by this pair of tweets (and the fact he only follows his seven other @Pontifex language feeds), the Pope is more keen on conversing with himself — than with his 672,445 followers — which is really missing the point of social media.

If you want to see the Pope in inaugural Twitter action, this Catholic blog has a video of the moment the Pope sent his first tweet — which, in case you were wondering, was sent from an iPad

Half A Million People Voted Against Facebook’s Governance Changes, But Not Enough As Polls Close Tomorrow

Facebook Vote Sunday Results Done Final

619,000 people have cast their ballot in Facebook’s vote on site governance and policy, and 87% want to block the changes. But unless 299.4 million more people vote by tomorrow morning, Facebook users will lose the ability to vote on future changes, and their data will be intermingled with Instagram. Enough votes won’t be cast, so Facebook’s experiment with “democracy” will be coming to a close.

Some think Facebook was never a democracy even with the voting structure since the system made it almost impossible for the results to be binding. This is the third, and likely final Facebook site governance vote, and it may end up drawing the highest turn out ever. It follows one in April 2009 when 665,000 people voted, and another last June where about 342,000 cast their ballots. Facebook got far more than the 7,000 necessary comments on this proposal to trigger the vote. As of now, 544,642 have voted against changes and 75,539 have voted for them.

Unless we see some miracle of digi-civic engagement by tomorrow at noon pacific when the voting period ends, the overwhelming sentiment against the proposed changes will just be taken “under advisory” and Facebook is free to enact the changes. Only if over 30% of all Facebook users vote would their majority decision be binding and could block the new versions of Facebook’s Statement Of Rights and Responsibilities and Data Use Policy.

To Facebook’s credit, it gave this vote a fair chance. It emailed all its users about the proposal, let people share the fact that they voted or the current results with friends, and showed those posts prominently in the news feed. Facebook could have minimized visibility of the vote with fewer sharing features and less feed presence,, but didn’t.

The impact of the governance change will be subtle but important. Facebook will now operate like most other companies. It will listen to its users, but they won’t have a direct channel for affecting site policy. In the end, it’s the public market that will decide if Facebook treats its supporters right. Even if the voting system was largely a farce, without it, Facebook’s one billion users might feel a little less connected to the network that’s supposed to connect them.

You can vote here for either the existing site governance documents or the new proposed changes that remove the vote and permit the combination of Facebook and Instagram data.

Five Years In And Profitable, Gilt Refocuses On New Leadership, An IPO In 2013 And More

Meet The Founders

Alexandra Wilkis Wilson walked into famed celebrity designer Zac Posen’s showroom in November 2007 prepared to give the pitch of her life. The Gilt co-founder was attempting to sell Posen and his team on putting some of the designer’s excess inventory on the yet-to-be-launched flash sales e-commerce platform. At the time, the flash sales industry was nascent, so many, including the fashion industry, had no idea what a flash sale was.

Wilson and her CTO at the time, Mike Bryzek, stepped into the meeting armed with a demo, a bunch of mockups, and information (all of which were online). However, they quickly realized that Posen’s office didn’t have Wi-Fi. So Wilson, thinking on her feet, just took a pen and paper and started sketching the idea out. Posen’s team liked what they saw and became the first designer to sell their items in Gilt in late 2007.

Gilt has evolved from a fledgling e-commerce startup trying out a new model to a full-sized company with multiple verticals, $240 million in funding, and over $600 million in gross yearly revenue. Valued at over $1 billion, Gilt just celebrated its fifth anniversary and is about to embark on a pivotal year. Gilt turned profitable on EBITDA basis in October for the first month, and last week the company announced that former Travelocity CEO and Citigroup Exec Michelle Peluso will be taking over the CEO role early next year from current CEO and co-founder Kevin Ryan. And there’s the definite possibility that Gilt will become a public company by the end of 2013.

From Idea To Implementation

Back in 2007, the flash sales model wasn’t necessarily new. European site Vente-Privee was seeing success with buying old inventory from designers and turning it around for consumers to purchase at a discount. Ryan, a serial entrepreneur who was formerly the CEO of DoubleClick (which was eventually acquired by Google for $3 billion), had heard about the European e-commerce site from his wife who was enthusiastically raving about the discounts. His first thought was, why can’t we bring this to the U.S.

“The model created urgency and scarcity, and this seemed like a good business idea,” he explains. “E-commerce can be a tough business, with the challenge of marketing spend, getting people on the site and turning inventory. This model flipped all of that around.” So in April 2007, Ryan, who already had an umbrella corporation called AlleyCorp, decided he was going to start his sixth business, a flash sales site, and hired his technical team, Mike Bryzek and Phong Nguyen. On the fashion side, Ryan recruited Alexis Maybank a few months later, and then brought on merchandiser (and Maybank’s close friend from Harvard Business School) Alexandra Wilkis Wilson. It was a dream team of sorts, with the balance of engineers and product marketing (Maybank had extensive experience at eBay), as well as fashion merchandising (Wilson had worked for LVMH and a number of other well-known design houses).

Maybank recalls hearing about the idea and completely relating to it because it basically put a favorite pastime of hers and Wilson’s — the designer sample sale — online. Traditionally, designers would sell excess inventory from past seasons in huge, sometimes very private sample sales in warehouses in Manhattan (I’ve been to a few myself). For many high-end brands like Gucci and Prada, these invitations were highly coveted.

Vente-Privee was being valued at $1 billion at the time, and the clock was ticking on who was going to be able to bring this to the U.S., says Maybank. “And from our standpoint, missing the holidays would be a big mistake.”

Ryan knew he had to act quickly, and from April onwards set out to build the site, start developing relationships in the fashion world (Via Wilson), and try to get an initial userbase. He says by the time Gilt launched in November 2007, Ideeli had already launched, HauteLook had debuted, and RueLaLa was scheduled to launch.

But early on, Ryan knew that in order to differentiate Gilt from the many competitors that were soon to come, he would have to create a distinctive brand. For Gilt, that was luxury at affordable prices. “It’s easier to move way down than to move up in fashion. And this was a good place to be, because we had higher price margins. But we had to be selective about brands on the site, and the photography and design had to match what our brand was going to be,” he says.

So when Wilson suggested Zac Posen, who is a celebrity favorite, the group thought it would be a great fit as the first designer on the site. Wilson had actually worked with Posen’s team on a project previously so already had an existing relationship with the design house. As mentioned above, Wilson and her team met initially with Posen’s team and managed to succeed in the pitch, but it was generally a challenge to get designers to see the importance of e-commerce, as many high-end designers did not have online retail sites.

“I had many doors closed in my face. The answers were usually no, but sometimes I could get a maybe or ‘come back to me in six months,” she explained. “But I love a challenge and I knew what we were trying to do was revolutionary for the fashion world. Eventually high-end fashion brands would get it.”

Convincing them to sell their luxury goods at a discount was also difficult. However, as Maybank explains, at the time, many of these designers wanted to engage a younger, 20-something audience who were not coming into stores anymore.

As Wilson was shoring up designers and clothing to sell, Maybank was shoring up the actual site for launch in the fall and focused on getting members to sign up prior to launch in early November. Maybank recalls the night the team (which was now up to eight employees) sent out the initial member invites on October 31, 2007. Gilt was then based in the AlleyCorp offices in Chelsea, and Maybank says the team sat in the office until 5 a.m. watching people sign up as the Halloween Parade was going full blast outside of the office.

It’s important to note that this was just the beginning of email-based, e-commerce initiatives. Groupon, Fab, and many others who rely upon email to push deals and sales did not yet exist. Gilt was treading on uncharted territory when it came to the email-push model and attempted to make signups go viral by offering coupons as an incentive to spread the word.

Via Maybank, Wilson, and other founders’ friends and family, Gilt managed to sign up 15,000 initial members prior to the site’s launch in early November.

A few weeks later (and many all nighters under Ryan, Maybank, Wilson and the team’s belts), Gilt launched to the public featuring a sale on Zac Posen apparel. The sale sold out completely. Wilson says that the company made around $13,000 from the sale, which was small, but at the time, seemed large.

In the early days of Gilt, the site featured one sale a week, but was quickly able to scale to three a week, then four a week and so on. Now, Gilt has dozens of sales in a given day across its verticals.

Maybank says that Gilt was able to benefit from a halo effect of selling high-end designers. While Gilt was not a known brand, when designers like Posen bet on the site, it attracted other designers. Word of mouth brought a well-known diamond and jewelry designer, as well as Valentino, to Wilson, and a month in, she got a call from a high-end shoe brand, Stuart Weitzman, who wanted to sell on the site and basically said “what’s it going to take to get on Gilt.” That was a wow moment for the startup, as many in the design and fashion community quickly went from shunning the idea to actually pitching Gilt.

Another factor in Gilt’s favor was the start of the downturn in the economy. She explains that many brands had more excess inventory than they expected and were looking for ways to offload this. While skeptical at first, designers saw that Gilt was getting traction early on, and some decided to take a risk.

Ron Berk, the CEO of jewelry company Judith Ripka, was one of the first jewelry companies to sell on Gilt. He recalls Wilson pitching him on the idea, and Berk said she was convincing — enough so that Berk realized he wanted to be ahead of the curve and not behind it. He adds that the timing was right for Gilt, as every fashion and jewelry designer was facing overstock issues and looking for ways to get rid of inventory in a smart way. Gilt was not only a vehicle to sell these products, but it still had the luxury brand and promised a younger audience.

One of Wilson’s huge coups in the fashion world was getting famed shoe designer Christian Louboutin to sell his designs on the site. Wilson had been trying to get the shoe designer to sell on the site for nearly a year, and then one day in the fall of 2008, the designer finally agreed. Wilson says they took every pair of shoes Louboutin was willing to give them, and within minutes the sale was completely sold out, unfortunately taking the site down as well with all of the traffic. “It was such a big deal in the fashion world, but we didn’t expect that level of excitement,” she says.

Verticals, Verticals, Verticals

By December 2007, Ryan realized that this startup idea was going to stick. The site was seeing consistent growth, and most of the sales were selling out. Until that point, he was bankrolling Gilt himself, spending around $25,000 of his money per week. It was a good point to start to take institutional investment, and in December Gilt raised $5 million in funding from Matrix Partners.

Nick Beim, then a partner for Matrix (he recently moved to Venrock) said that Ryan, a long-time friend of his, came to him to hear out the offer for investment in the promising startup. Beim wanted to meet with the team and was immediately impressed with Maybank, Wilson, and the rest of the core team members.

“Investing is a conviction sport, and I developed a strong conviction in that meeting,” he says. “I was impressed with Alexis’s knowledge of e-commerce and Alexandra’s astounding insight in the fashion space, plus they had two technical founders. It’s unusual to see a team of that breadth.”

He adds that from the technology standpoint, Gilt appeared to be a powerful business model that offered the potential for two things that VCs investing in e-commerce rarely see: rapid viral growth and high customer monetization. The Series A round, recalls Beim, was exceptionally competitive, and he felt fortunate to be chosen as an investor. He also firmly believed that Gilt would be an e-commerce powerhouse and ended up spending 40 percent of his time over the next two years helping the company hire and scale.

Armed with this new cash, Ryan, Maybank, Wilson, and the team set out to hire and venture into new verticals. “We always knew we would expand into other verticals and designed the website initially with men in mind thinking that we would attract them at some point,” explains Maybank. But it happened a lot sooner than Gilt thought and by March 2008, a little over four months after launch, the site’s email list was already 25 percent male.

Within months, the site started to expand to kids clothing and products, as well as home goods. Maybank and Wilson say that they would always test products out before launching a full-fledged vertical, and were surprised that as they continued to test out men’s clothing, kids items, and home goods, the response was overwhelming.

In the first full year of operations, Gilt had projected $5.5 million in revenue, but ended up posting $38 million, thanks to the site’s rapid expansion.

Part of this expansion meant bringing on new, experienced e-commerce and branding leadership. In the fall of 2008, Susan Lyne, previously the CEO of Martha Stewart Living Omnimedia and a former exec at ABC, joined as CEO, replacing Ryan. Conversations between Lyne and Ryan started taking place during the summer of 2008 when Lyne had left the media business but she wasn’t looking actively for a new job.

She tried Gilt for the first time, and started buying immediately — she was hooked. At one of the many lunches Ryan and Lyne shared when talking about the possibility of Lyne joining as CEO, he said “We’ll know within a year whether this will be game-changing. Will you give a year of your life to this?” Lyne saw how much she was buying as a user after joining the site only weeks earlier and realized Gilt had tremendous potential.

She says she saw the value in what Gilt was trying to do — what she calls the “second wave of e-commerce.” “This is experiential shopping that took place offline, but had not been replicated online until Gilt,” Lyne explains.

Since the day she started working at Gilt, Lyne says there hasn’t been a moment where she has doubted the model. She adds to Ryan’s belief in verticals, saying that when the company started investing in verticals, this was a key turning point for Gilt as a business.

Travel And Gilt City

Toward the end of 2008, Ryan started thinking about the opportunity to extend Gilt’s model into travel, with an emphasis on luxury hotels and experiences. He saw that there were a number of luxury brands in travel, including the Ritz-Carlton, Starwood and others, but no one had been able to monetize excess inventory from hotels. It needed a home with the right brand that didn’t distort the hotel chain’s brand.

“People thought I was crazy because no one had ever sold travel on the same site as clothing,” he explains. So he decided to start Jetsetter as a standalone brand, with a different stock option pool, brand name, etc. Jetsetter launched in 2009 led by Drew Patterson, the former Vice President of Marketing at Kayak.

Travel is a different beast, and Ryan started to see the challenges of managing a travel business. Margins are lower, cash flow dynamics are different, and dealing with hotels is a whole business in and of itself. He says that revenue has been steadily growing over the past few years, and the site now pulls in $70 million to $80 million per year in gross bookings. Today, Jetsetter is more than 30 percent of Gilt’s total business.

Along the way, Ryan decided to raise more capital to fund this expansion to verticals and add new inventory to the mix. In August 2009, Gilt raised $43 million from Matrix Partners and private equity firm General Atlantic, and did another $35 million from the same investors nine months later.

As you can see, Ryan, Maybank and the team are bullish on testing out new models and verticals. While men’s clothing, kids items, and home goods were all a success, some verticals didn’t hit the mark.

Gilt launched Fuse as a more affordable vertical for women’s clothing. Gilt saw that some of its younger audience was browsing not buying, and the startup thought that this was because there weren’t enough cheaper items on the site. It turns out, explains both Maybank and Ryan, that there were simply too many sections for women to go to within Fuse and the main women’s vertical. Another reason the vertical failed is that many of the younger visitors would actually start buying on the main site once they started getting an income.

The company also tried to get into full-priced retail with the launch of Park & Bond, a retail site for men’s clothing and accessories. Eventually sales weren’t as strong for full-priced clothes, and Gilt recently absorbed Park & Bond into its standalone men’s vertical. Ryan adds that Gilt Taste, a marketplace for artisan foods and groceries, hasn’t performed as well as expected, either, and the company has limited its investment in the vertical to only four employees.

Gilt City has met a different fate.

Around the end of 2009, Gilt started to pick up on the Groupon-opportunity of offering daily deals on local services, businesses, and more. But Gilt wanted to be thoughtful about jumping into this business while still remaining focused on its luxury brand. In April 2010, Gilt launched Gilt City in New York as a more luxury-focused Groupon. Instead of offering a deal for a local spa, Gilt offered deals for the most exclusive and luxurious spas in Manhattan at a higher price point. Gilt also purposefully didn’t push many deals at once.

Gilt City, said Ryan, steadily grew, and the company decided to invest more in the venture, adding more cities. Last year, Gilt bought BuyWithMe, a daily deals site, to add more cities and scale. “BuyWithMe had the cities that we didn’t have. The reason we bought it (the acquisition price was “a couple million dollars”) was to get access to the company’s mailing list,” he explains. Unfortunately, Ryan says he didn’t feel that expansion into other cities was the best move for Gilt City, and was forced to layoff a number of BuyWithMe employees shortly after the acquisition.

While many thought that the layoffs symbolized the greater weakness in Gilt’s daily deals site, Ryan maintains that City is Gilt’s fastest growing vertical– Q1 revenue was up 84% over Q1 2011, and Cyber Monday brought a 89% increase versus same day 2011. In the spring of this year, Wilson joined the Gilt City team, helping with recruiting the right types of deals for the site and merchandising.

Ryan says that by scaling back on individual cities and just doubling down on larger cities where there is a business and demand for local luxury items and businesses, Gilt City has gone back to growth mode. Ryan even says that Gilt is actually seeing meaningful revenue from the business. Wilson tells us that 70 percent of customers who are buying from a particular brand or business are going back to engage with the same brand. And 55 percent of Gilt City customers make purchases beyond the offer. For now, Gilt City is going to continue to operate as is in seven major cities, but the company is going to revisit its strategy in six months.

To manage all these verticals is extremely complex, says Ryan. It’s an art form, he explains, to be able to run each operation. But behind the scenes, Gilt sees lower marketing costs in some situations when Gilt City helps drive sales for Gilt.

The Present And Future

In May 2011, Gilt raised a whopping $138 million in new funding, led by Softbank with Goldman Sachs, New Enterprise Associates, Draper Fisher Jurvetson Growth, Pinnacle Ventures, TriplePoint Capital, Eastward Capital, General Atlantic and Matrix Partners all participating. Pre-money, Gilt was valued at $1 billion at the time. So what was the reason for raising this war chest? Acquisitions and further expansion into new verticals, said Ryan at the time.

International is definitely a focus Ryan is considering. Gilt has a presence in Japan but has not made a decision to have a native presence in any countries outside of the U.S. He says that Gilt thought about whether to open in Brazil, with the rise in e-commerce under way, but to build this from scratch would be a $20 million to $30 million investment. This kind of capital, says Ryan, could be better used toward an acquisition in the country. “It’s possible that in two years, we could do an international rollup,” he adds.

Another opportunity for Gilt could be to help manage e-commerce operations for high-end designers and brands. Ryan says a lot of companies have approached Gilt to take over their e-commerce operations, because Gilt has all the warehousing, design, and technology infrastructure in place. He’s started to have some conversations to pursue this line of business.

It would be a more enterprise angle for Gilt, and the company would essentially manage the backend operations for designers and retailers. Gilt would put items in a warehouse, handle customer support, technology, and more. Ryan says he would charge something like 10 percent of total revenue created, which could be a huge money-maker with little investment on Gilt’s part because much of the costly infrastructure is already in place.

In terms of revenue, Ryan says Gilt is seeing over $600 million in gross revenue. In October, revenue grew almost 40 percent vs. prior year. And the company is now profitable on an EBITDA basis. Sales over Thanksgiving were up 60 percent year over year, and November brought in $70 million in gross revenue, a record-breaking month for sales. He says that when Gilt raised its last round at a $1 billion valuation last year, the company was losing around $50 million a year. Now, the company is profitable, hitting record revenue, and one could assume that valuation would be impacted by this.

A year from now, Ryan’s goal is for Gilt to be the most profitable company in terms of margin percentages.

And then there’s the question of an IPO.

What Gilt Looks Like As A Public Company

The IPO rumors are true. Gilt wants to be a public company, but Ryan is in no rush to take the company on the public markets and wants to be more thoughtful than some of the company’s contemporaries when deciding to file for an IPO. He sees a potential IPO happening at the end of 2013, but says that revenues need to be bigger, though he says that Gilt’s current revenue is four times larger than DoubleClick’s revenue when it went public in 1998. Of course, this is a different climate for tech companies. He adds that it’s not really about profitability (although the company will be profitable at the time of filing).

“It’s more than just a timing issue, it’s whether you think it’s good for the company. Do we want to spend a good part of the next nine months focusing on going public or do we want to build a business?” he says. He doesn’t see Gilt raising any more money between now and a public offering, but if Gilt wanted to make a big acquisition, he would reconsider.

Beim says that Gilt’s main challenge at the moment is “shifting from the primary emphasis on growth to focusing on profitability and predictability of financials, because that is important for a public company.” He adds that what Gilt has in its favor as a company is massive scale.

There are also Ryan’s departure from he company. Ryan spoke frankly of his involvement with Gilt, and the fact that he had always planned to move back to the chairman position (which he had when Lyne was CEO). The fact is, he explains, that Gilt needs a different kind of leader, one that can focus completely on Gilt as opposed to dividing time between many projects, as Ryan has been doing. “I’m barely able to put four days a week towards Gilt, and I’m feeling stretched.”

Ryan has also been focused on helping another one of his AlleyCorp companies, 10gen, a fast-growing enterprise database company. Most recently, 10gen was valued at $500 million.

“We needed someone who has experience with fostering a big brand and is super operational and can manage logistics and merchandising. And this exec has to be financially astute and can speak intelligently to institutional investors when talking about quarterly numbers,” he says.

Peluso, who has been a board member of Gilt for the past few years, fits all that criteria, says Ryan. From 2009 until now, Peluso was the Global Consumer Chief Marketing and Internet Officer at Citgroup. Prior to that, she was the Chief Executive Officer of Travelocity from 2003 to 2009 after serving as the company’s Chief Operating Officer and Senior Vice President of Product Strategy and Distribution. She joined Travelocity following the company’s acquisition of travel deals Site59, a travel site she created and launched in 2000. Peluso also served as a White House Fellow and Senior Advisor to Labor Secretary Alexis Herman and worked as a case leader for The Boston Consulting Group in New York and London.

She explains that very few ecommerce companies evoke emotional attachment from its users, and Gilt is one of these unique retailers. “While there are things we are pulling back on, it’s extraordinary how much success the business has,” she says. “Over the past six months, the executive team has really pulled it together to create a vision of what the company will be.”

Peluso will likely take Gilt public next year, and she’s focusing on making sure that the company is profitable and continuing to grow through the right monetization paths, and becoming efficient operationally. Ryan adds that Peluso was his ideal choice for a number of reasons, but he’s very bullish on the idea that she knows how to operate companies at scale.

Lastly, there’s the question of whether it makes sense for Jetsetter to be part of the Gilt family. Jetsetter isn’t failing like some of Gilt’s other properties that have, but rumors of turmoil at the business have been rampant. Jetsetter’s Patterson was asked to leave the CEO spot earlier this year, amidst a staff exodus.

Ryan explains that when he started Jetsetter, he knew there was a possibility of selling the travel site or finding a partner. That’s why the travel sales site was created as a separate company, with a different option plan than Gilt’s. If Ryan wanted to sell Jetsetter, he could untangle it easily. And now Gilt is looking to sell Jetsetter, for anywhere from $30 million to $50 million. “There’s no clear path to doubling or tripling revenue, and the property is worth more to someone else than to me; these assets could be much more valuable to someone else,” he says

Gilt hired an investment bank and formally put Jetsetter up on the block on September 15, and has already received a number of non-binding bids for the property. The company should be receiving binding bids as well. Ryan believes that Gilt will have a decision by January on whom to sell Jetsetter to and how the arrangement will work.

He adds that he’s not yet sure if it makes sense for Jetsetter, even if it is sold, to leave the Gilt merchandising umbrella. He feels that the cross-promotion could still be good for business development of the site.

In terms of technology, Maybank adds that Gilt is doubling down on mobile and personalization. She says that currently 35 percent of Gilt’s revenue is from mobile devices and expects this to increase. Personalization is “one of Gilt’s biggest challenges and opportunities,” she says, and the site is looking for ways to ensure that the customer doesn’t become overwhelmed with the hundred-plus sales taking place every day.

Already, Gilt has been dabbling in using customer data to alter what sales they see first, and the order in which the sales are presented fluctuates in daily emails, as well. In fact, 3,000 iterations of the daily Gilt email goes to the site’s millions of members every day. But we’re going to see more recommendations and personalization surfacing on Gilt’s site and verticals, says Maybank.

This week, Gilt is releasing a new version its iPad app, which is the first major upgrade to Gilt’s iPad app in over two years. The goal of the redesigned app is to create a more immersive shopping experience and support the more leisurely shopping behavior of the iPad. The app features an all new look & feel, updated branding, plus all new interactions and features. Every screen in the app has been updated. Gilt City has been added to the app, and shoppers can use filters to narrow down sales to only see the sizes, brands, categories & colors desired.

Users can now also shop by category, preview all upcoming sales and set/receive calendar reminders, and access their wait listed items

——

It’s been a bumpy road but Gilt seems to be on a smoother path toward that public offering. As Lyne explains candidly, the executive team has done a lot of hard work this year to make sure people are aligned on decisions and strategy. “It’s a huge challenge to get everyone on the same page on what we are going to do and we are not going to do,” she says.

The IPO market has been rocky with some tech companies performing amazingly well and others faltering. With Gilt, the company has already been through major challenges including layoffs, leadership changes, and the folding of verticals. Despite this, Gilt has continued to grow and record record revenue and retain early employees.

The team has weathered storms, and prepared themselves methodically for the hurricane of an IPO. 2013 is sure to be a game-changing year for Gilt.

Gift Guide: Samsung Galaxy Beam

samsung-galaxy-beam-gift-guide

Short Version

The Samsung Galaxy Beam is an Android-powered smartphone that has a pico projector embedded into its top edge so you can beam on-screen content onto a wall or other large surface. As well as projecting video and photo content, the projector can be used for presentations, decorative projections to create a mood, or for augmenting the phone’s alarm clock — by, for example, beaming the day’s weather forecast and your schedule onto the ceiling so it’s the first thing you see when you wake up.

Long Version

Features:

  • Built-in 15 lumens pico projector with resolution of 640×360
  • Dedicated projector button and app — offering a variety of projecting modes
  • 4-inch touchscreen display (480×800 resolution)
  • Android 2.3 (Gingerbread)
  • Dual-core 1GHz processor
  • 2,000 mAh battery (plus a spare in the box)
  • 5 megapixel rear camera, 1.3 megapixel front camera

Info:

The Samsung Galaxy Beam is…

… a mid-range 3G, Android Gingerbread-powered smartphone that would be entirely unremarkable if it weren’t for the pico projector Samsung has embedded in the phone’s top edge. The Beam has the photon-firing power to lift your digital stuff off the phone and throw it all over your walls — albeit, in a fairly grounded nHD resolution of 640×360. Glorious HD this is not, but it’s intended as a fun feature — not a replacement for your front room home cinema. That said, it is entirely possible to watch movies using the Beam’s projector — you just need to find a dark, cosy environment where the projection isn’t competing with outside light. High-contrast content looks the best, such as cartoons and animations, more subtle shades will just look murky.

The projector can be fired up via a physical button on the side of the phone, or by tapping on a dedicated app. The app lets you choose from multiple modes: the Quick Pad presentation mode that beams out whatever’s on screen and lets you scribble over it; Ambience mode projects decorative backgrounds plus music to create your own private disco; and Torch mode projects solid blocks of colour so you can have a scary Halloween sidekick. The projector can be a little thirsty on the battery but Samsung has put a very beefy cell in the Beam — and included a spare plus a charger-cum-phone-stand in the box — so you can be charging one battery while using the other to project. Each battery is good for around three hours of projecting time — so more than enough to watch a film. And for longer projecting sessions you just need to remember to keep one battery on charge so you always have a fully charged spare to swap to.

Elsewhere the phone is a fairly standard (i.e. mid-range) Gingerbread smartphone — with a dual-core 1GHz chip, 4-inch touchscreen, and a 5-megapixel rear camera. Samsung has previously said the Beam will get an update to Ice Cream Sandwich but don’t rely on that happening. The phone dishes up adequate Internet browsing performance, and will even handle 3D games — just don’t expect it to be a powerhouse. That’s not the point of the Beam: it’s all about the projector.

Buy the Samsung Galaxy Beam for…

… bedroom-loving teenagers who are addicted to watching YouTube/music videos and want a fun gadget to impress their friends with.

Because…

… with its embedded pico-projector, the Beam has a pretty unique boast. Every smartphone under the sun can run apps and surf the web, but it’s a rare phone that can turn your bedroom into a micro cinema at the push of a button. Sure, the Beam is not a super-powered or super speedy phone, but it’s got enough power under its hood for the average user and — more importantly — it brings a little light into their life.






It Appears That Instagram Photos Aren’t Showing Up In Twitter Streams At All

insta

We’re seeing chatter on Twitter that Instagram photos are not showing up in Twitter streams anymore. This is obviously interesting considering Instagram’s recent moves to remove support for Twitter cards last week. We’ve reached out to both Facebook and Twitter for confirmation.

Basically, when users push an Instagram photo to Twitter, instead of a cropped photo, there is just a white space in the Tweet, and a link to the web-version of the photo on Instagram. Here’s another example.

Last week, Facebook-owned Instagram decided to turn off support for Twitter Card functionality for its photos. Basically, you would no longer see the full images; rather, you’d see a cropped version.

Instagram co-founder Kevin Systrom said at LeWeb that this was done to drive more traffic to the web experience for Instagram. Instagram recently revamped its entire web presence and wants to create more engagement on its web platform. Systrom also mentioned at the event that eventually, photos would be gone completely from Twitter streams, so perhaps this is the reason why users aren’t seeing their photos in Twitter anymore.

Of course, this latest issue could be some sort of temporary glitch, or an issue with Twitter Cards. On Friday, we started seeing full Instagram photos back in Twitter streams, but this was a regression. And some users are reporting the ability to see Instagram photos in Twitter streams.

As our own Michael Arrington wrote last week, the move itself is not good for users in the long run.

Adding more fuel to this fire, Twitter is reportedly planning to build Instagram-like photo filters into a new version of its mobile app.

We’ll update the post when we hear back from Facebook and Twitter.

Additional reporting from Drew Olanoff.

UPDATE: Instagram photos are no longer displayed on Twitter, as promised by Systrom, with the Cards integration, or the regressed state that came after it. We are waiting for a comment from both Facebook and Twitter to confirm that this is how things will be for users moving forward.

Upgraded the #Seahawks tickets for today. Love it. instagr.am/p/TCBsQIvMW8/


Eric Berto (@geekgiant) December 09, 2012

Photo Credit/Mike Isaac

Will Zynga Emerge As A Gaming Company Or Gambling Company?

zynga-gambling

There is more than a bit of schadenfreude among longtime insiders in the gaming industry at Zynga’s performance over the last year. The company has fallen from a private, pre-IPO valuation of around $14 billion to just $2 billion over the past year as it failed to maintain growth on the Facebook platform and didn’t transition quickly enough to compensate on Android and iOS. At a $2 billion market cap, Zynga isn’t worth that much more than the $1.6 billion in cash and marketable securities it had at the end of the last quarter.

But now that shares are up more than 10 percent since Zynga acknowledged that it is taking steps toward real-money gaming in the U.S., the company faces an interesting question about its identity in the long-term.

Will it be a gaming company, or a gambling company?

Zynga has a number of growth opportunities — on mobile platforms, its own destination site and in real-money gaming. But Zynga’s efforts at building its own platform have had mixed results over several years and mobile platforms haven’t lent themselves to a winner-take-all environment so far (and this applies to everyone).

So Zynga’s shares are acutely sensitive to any real-money gaming possibilities. They rose 7 percent the day after Zynga said it was making steps toward applying for a gambling license in Nevada, and they fell by 5 percent back in June when Zynga’s vice president and Zynga Casino general manager Jesse Janosov didn’t mention tangible progress on the gambling front at a big press event.

Like every newly public company, Zynga faces the question about how much it is willing to succumb to the short-term profit pressures of the public markets. And it will probably give in.

Zynga has always been more of a mercenary company than a missionary company. Many of its earliest employees didn’t have histories in the gaming world, and in many ways, that allowed them move quickly and not be too attached to any of the industry’s long-term notions of what a game should or ought to be.

Even though we’re sometimes critical of the company, Zynga has done a lot to influence the direction of the industry in popularizing the freemium business model that has long been accepted in Japan, China and South Korea. It pioneered an aggressive metrics-driven approach to gaming. It pushed many older companies to move quickly from treating games as a consumer product you buy a single time off a shelf to treating them more as a service.

But mercenary technology companies are hard to keep intact once they’re public. There are simply too many opportunity costs for the more profit-motivated talent once a slower natural growth rate settles in and the obvious upside is gone. Mercenary culture worked to Zynga’s benefit when it was smaller, but now it is its Achilles heel.

The great consumer technology companies that have lasted a decade or more have a strong overarching vision that keeps the company culture strong even through the most difficult times.  This is why Mark Zuckerberg puts propaganda-like screen prints in Facebook offices everywhere around the world about “Move Fast And Break Things” and “Done Is Better Than Perfect” and constantly re-iterates the company’s mission to “make the world more open and connected.”

Zynga’s mission has been something vaguely about “play” or bringing “play” to everyone. But it’s hard not to see that mission ring hollow sometimes when the company has generated so much ill will in the larger community over the years for pursuing what can be euphemistically called the “fast follower” strategy. A move further into gambling will certain stretch that mission of “play” if not pollute it entirely.

That said, Zynga already shares a number of characteristics in common with gambling companies. Like casinos in Vegas, it tailors every aspect of the gaming experience towards monetization. Pixels in games are arranged like drinks by the Blackjack table, enticing you to play more. There’s eye-candy at the table at real poker games and in Zynga’s virtual ones. Everything is calculated, including the whales — a term itself borrowed from the gambling industry — who are given special treatment.

Plus, Zynga is culturally already in love with gambling. The hits-driven business has had its ups and downs, and when the company does well, winning teams sometimes go to Vegas to play. Pincus himself is known in Silicon Valley circles as an able poker player.

So if they as they venture down this path in a serious way, don’t call it a pivot. And maybe it will work?

Facebook, Google, Zynga Ask Courts To Reject Patents On Abstract Ideas That Plague Tech Innovation

Tech Patents

Just because you take an abstract idea and say you do it “on a computer” or “over the Internet” doesn’t mean you deserve a patent, according to an amicus brief filed on Friday by Google, Facebook and six other tech companies. It asks the courts to reject lawsuits based on patents for vague concepts instead of specific applications because they rack up costs and retard innovation.

The amicus curiae brief lets parties outside of a case volunteer information to help a court make a decision. Also cosigned by Zynga, Dell, Intuit, Homeaway, Rackspace, and Red Hat, this brief communications information to the U.S. Court of Appeals for the Federal Circuit regarding the case CLS vs. Alice. CLS claims that Alice’s patents for the vague idea of financial intermediation implemented with a computer shouldn’t be valid. However, the courts initially ruled that Alice’s patents were eligible and could be used to counter-sue CLS for infringement.

The amici companies are trying to convince that courts that “This issue is critically important in the high-tech context” and there is grave danger to the tech industry if such lawsuits are allowed to progress. The crux of their argument is that:

“Many computer-related patent claims just describe an abstract idea at a high level of generality and say to perform it on a computer or over the  Internet. Such barebones claims grant exclusive rights over the abstract idea itself, with no limit on how the idea is implemented. Granting patent protection for such claims would impair, not promote, innovation by conferring exclusive rights on those who have not meaningfully innovated, and thereby penalizing those that do later innovate by blocking or taxing their applications of the abstract idea…The abstractness of computer-related patents bears much of the blame for the extraordinarily high litigation and settlement costs associated with such patents. It is, therefore, imperative that courts enforce  Section 101′ s “screening”  function (Mayo,  132  S.  Ct.  at  1303) early in most cases, to save defendants and the courts from the unnecessary expense of fully litigating or settling cases- like this one that should be dismissed at the outset.”

Google et al remind the court that it has previously used four guideposts to determine if a patent does not include sufficient inventiveness, and notes that Alice’s patents fail all of these tests. The brief says Alice’s patents merely

  • Add steps that are conventional or obvious
  • Add non-specific steps that don’t limit the claim’s scope
  • Limit ideas to only to a particular technological environment, like a computer
  • Add insufficient information to a claim and don’t specify a specific machine an idea is performed on

The companies claim that “abstract patents are a plague in the high tech sector” and that a “disturbing amount of patents” also fail these tests. Threatened by these lawsuits, innovators have to either gamble on litigation that could force them into huge settlements, or pay steep licensing fees for tech they already developed on their own. These impose a tax on innovation and lead to higher prices for consumers.

The last few years we’ve seen companies distracted from their roadmaps, paralyzed by lawsuits, and paying enormous sums for blocks of patents they could counter-sue with to protect themselves from lawsuits surrounding abstract ideas. It seems that the only ones really benefiting from current patent policy are the lawyers. A strong US and world economy relies on the ability for entrepreneurs to come up with specific ways to utilize ideas to generate value. Letting anyone claim ownership of broad ideas locks away this value.

The brief follows a big win for patent reformers as the famous “Steve Jobs patent” covering the basics of multi-touch interfaces was invalidated by the US Patent Office on Friday. It’s worth mentioning Apple did not co-sign this amicus brief.

It can be hazy as to where exactly “inventiveness” starts and an “abstract idea” stops, but the courts may do well to take the advice of these tech giants a strike down infringement lawsuits based on vague patents as early as possible.

The companies conclude “It is easy to think of abstract ideas about what a computer or website should do, but the difficult, valuable, and often groundbreaking part of online innovation comes next: designing, analyzing, building, and deploying the interface, software, and hardware to implement that idea in a way that is useful in daily life. Simply put, ideas are much easier to come by than working implementations.”

Here’s the full amicus brief filed friday by Google, Facebook, Zynga, Intuit, Rackspace, Homeaway, and Red Hat

[Image Credits: Android Police, CNET/ International Telecommunication Union]