Showing posts with label and. Show all posts
Showing posts with label and. Show all posts

Tuesday, May 30, 2017

Gigabit Era for Mobile Telefónica and Telia Make Strides

Gigabit Era for Mobile Telefónica and Telia Make Strides


The gigabit era for mobile Internet access is coming faster than many believe.

New improvements in 4G platforms will boost 4G network speeds to a gigabit per second on Telefónica networks in Spain, while Telia plans to launch 5G in 2018, supplying gigabit speeds--and possibly multi-gigabit speeds--as well.

Telia plans to launch commercial 5G services in Sweden and Estonia in 2018, and recently demonstrated 5G operating in a real world environment over a live network.

The system used 800 MHz of spectrum in the 15 GHz band and achieved peak rates of 15 gigabits per user, and a latency below three milliseconds.

Separately, Telefónica, Nokia, and Qualcomm Technologies, Inc. have demonstrated download speeds of up to 800 Mbps on Telefónica’s Long Term Evolution 4G mobile network. That is part of work the company is taking to boost peak speeds on its 4G network to a gigabit per second over the next few years.

The test used Nokia radio network equipment and a test terminal equipped with the Qualcomm Snapdragon X16 LTE modem.

To achieve the new throughput, two radio carriers were used, allowing mobile terminals to simultaneously download data from two frequency bands.  MIMO 4x4 technology (Multiple-input Multiple-output) also was used, multiplying the number of data flows that a mobile terminal can use with a given cell.

Also, the new 256QAM modulation (Quadrature Amplitude Modulation) also was employed. Taken together. All of these technologies will be introduced into the Telefónica Spain radio network.

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Sunday, May 28, 2017

How to jailbreak iOS 8 1 1 and iOS 8 1 2 with TaiG

How to jailbreak iOS 8 1 1 and iOS 8 1 2 with TaiG


How to jailbreak iOS 8.1.1 and iOS 8.1.2 with TaiG [Guide] 

Taig-1.2.0-for-iOS-8.1.2-jailbreak
How to jailbreak iOS 8.1.1 and iOS 8.1.2 with TaiG 
TaiG team updated their jailbreak to support iOS 8.1.2, which was released by Apple to fix some bugs and address a problem where ringtone purchased through iTunes Store may have been removed form your device..
Here’s how to jailbreak your device running on iOS 8.1.2 using TaiG jailbreak.
Some important points before you proceed:
TaiG jailbreak supports following iOS 8.1.1 and iOS 8.1.2 devices:
  • iPhone 6, iPhone 6 Plus, iPhone 5s, iPhone 5c, iPhone 5, iPhone 4S
  • iPad Air 2, iPad Air, iPad 4, iPad 3, iPad 2
  • iPad mini 3, iPad mini 2, iPad mini
  • iPod touch 5G
TaiG jailbreak is currently available only for Windows. For now, Mac users will have to run Windows in a virtual machine to use the TaiG jailbreak. The jailbreak has been reported to be working in most cases, but on the off chance something goes wrong, it’s a good idea to have an escape plan. Disable any Anti-virus programs or firewalls that could prevent TaiG from connecting to the internet.
GUIDE:
Follow these instructions to jailbreak iOS 8.1.2 using TaiG jailbreak.
Step 1: Download the latest version of TaiG jailbreak from this link on your computer, and unzip the zip file.
TAIG 1.2 Jailbreak
Step 2: Connect your device to your computer using the USB cable.
Step 3: Disable Passcode from Settings > Touch ID & Passcode.
Step 4: Also turn off Find my iPhone from Settings > iCloud > Find my iPhone.
Step 5: Launch the application as an Administrator. Right click on the TaiG exe and select the “Run as Administrator” option.
Step 6: TaiG will take some time to detect your device. Once you confirm that it is showing the correct firmware version, deselect the TaiG App Store (the one in Chinese), just below Cydia 1.1.16.
Step 7: Click on the green jailbreak button to proceed. You will see the circular progress bar.
Step 8: After the jailbreak is complete, your device will reboot automatically, and you should should see the Cydia icon on the Home screen.
Enjoy new iDevice with a lot of customization and free paid apps! ;)

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Saturday, May 27, 2017

D G Unlocker Tools Instaler Remover FRP and more functions

D G Unlocker Tools Instaler Remover FRP and more functions


D&G Unlocker Tools Instaler - Remover FRP and more functions

 


D&G Unlocker Tools Instaler - Remover FRP and more functions


Supported Models:

Samsung - Motorola - Huawei - HTC - Lenovo - Xiaomi - YOPHORIA - Deep -

Functions:

Read Info - Remover FRP - Hard Reset...

Download Here


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Thursday, May 25, 2017

How To Hack and Get Free Recharge on Android ! GUIDE

How To Hack and Get Free Recharge on Android ! GUIDE


Get Free Recharge
Hello ONHAXIERS, We are Going To Use an app named mCent For Free Recharge
What’s mCent ?
mCent is a fast and easy way to discover mobile content and get free airtime on your mobile phone. You may be awarded airtime for a number of different kinds of activities, including downloading and using apps, taking surveys, watching videos, signing up for a service, and/or participating in contests. The more you discover, the more you earn! You may also be awarded airtime for successfully referring your friends to register with and complete mCent offers. The airtime you earn is paid for by the advertisers who promote their products or services to you using mCent.
Steps To Use mCent
  1. Download and Install The APK From The Links Given Below
  2. Open App and Sign UP
  3. Complete offers to earn money
  4. Recharge Your Mobile From Earned Money
How To Hack ?
  1. Download and Install The APK From The Links Given Below
  2. Open App and Sign UP
  3. Copy Your Referral Link
  4. Download and Install Youwave From The Links Given Below
  5. Open Youwave, Login With Your Google ID in Play Store
  6. Open Your Referral Link in Youwave
  7. Now, You will be redirected to Play Store.
  8. Click Install
  9. After downloading Mcent Sign up with new number (which is not registered on Mcent before).
  10. Now download any app in offer from Mcent to get referral money.
  11. Now open your old account, you will see referral amount is credited to your account.
  12. After getting referral money, Repeat steps 5-11 after hard reset Youwave.
Screenshots


Downloads & Links

mCent App (Open in Android)

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Tuesday, May 23, 2017

Etisalat launches 4G LTE Plans and Increases Data Bundle

Etisalat launches 4G LTE Plans and Increases Data Bundle


Bismillahi

And other special about thing about it, is that, you don’t have to buy a new Sim card like MTN and
GLO . The Etisalat sims are automatically USIM(Universal Subscriber Identity Module) which doesn’t need sim upgrade before it will work on 4G. According to their twitter hashtag, #Etisalat4GNeedNoSimSwap.
Here are the price
*. 1GB for N1000
*. 1.5GB for N1200
*. 1GB + 500MB night plan for N1000
*. 2.5GB for N2000
*. 3.5GB for N2500
*. 2GB + 1.5GB night plan N2000

Well, is this a coincident or they planned it that way? After launching their long awaited 4G LTE Plan, they went ahead and increased their normal bundle plan.
Should we call this one Recession? Meanwhile, the 4G LTE is only available in Lagos for the main time but it is expected to arrived other cities within some few days or probably month.


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Tuesday, May 16, 2017

Indian start ups Leaf Wearables and ZIVEG partner to launch Ziveg Safer Smart Jewellery

Indian start ups Leaf Wearables and ZIVEG partner to launch Ziveg Safer Smart Jewellery


Safer ziveg leafwearables
Safer-Ziveg Leaf Wearables
ZIVEG, Indias largest Silver Jewellery store online and LEAF WEARABLES, India’s leading wearable technology company have partnered to introduce the first line of ZIVEG SAFER Smart Jewellery in India. In a revolution of its kind, it is an intersection of fashion and technology. SAFER by Leaf Wearables goes inside ZIVEG’s jewellery and empowers you to live a smarter, safer and bolder lifestyle. The ZIVEG SAFER Smart Jewellery is a catalog of 8 designs that accommodates the technological features of SAFER with the design engineering from ZIVEG.

In a revolution of its kind, it is an intersection of fashion and technology. The ZIVEG SAFER Smart Jewellery is a catalog of 8 designs that accommodates the technological features of SAFER with the design engineering from ZIVEG. It comes with many captivating features for modern urban women.

ZIVEG SAFER Smart Jewellery empowers you with the features listed below-
SOS: Press Twice To Send An Alert With Location To Your Guardians
SaferWalk: Nominate Your Guardians To Monitor Your Movement While Travelling
Notifications: A Gentle Beep Tells You To Check Your Phone For An Important Notification
Selfies: Click Your Safer Once To Take Perfect Selfies


Ziveg Safer Smart jewellery

ZIVEG SAFER Smart Jewellery allows you to take control over your look. The seamless design engineering allows you to change the color of your jewellery everyday. With high-quality material and fabrics, the product ensures maximum durability and is lightweight.

ZIVEG SAFER SMART JEWELLERY is available in two irresistible collections:
The Voyage speaks the very nature of the technology. It is fearless, advent and travel focused for girls who want to taste adventure and make a statement with every move.
The Illuminati is the subtle yet strong for ambitious girls. It camouflages SAFER in incredibly elegant, minimalistic and corporate designs.

Price Range: INR 3,499 - INR 4,999 
Styles: Bracelet, Cuff, Pendant, Waistbelt 
Availability: The products are available on www.leafwearables.com and www.ziveg.com



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Monday, May 15, 2017

Innjoo X2 Full Specification And Price In Nigeria

Innjoo X2 Full Specification And Price In Nigeria


 Injoo mobile has decided to add another member to their list of Smartphones with a new device which they call the Innjoo X2.
The injoo X2 which features a 5.5inch IPS display is with a resolution of 1280 X runs on android version 6.0 Marshmallow. It is powered by Mediatek MT 6592M octa-core processor. It has a 1gb RAM and a 16gb ROM which can be further expanded with up to 16gb sdcard.
You can check out the Full Specification below.

Image result for Innjoo X2.

Key Features Of Innjoo X2 

>>Android 6.0 (Marshmallow)

>>5.5-inch (1280 x 720 pixels) HD IPS display

>>1GB RAM + 16GB internal storage, expandable memory up to 128GB with microSD

>>Hybrid Dual SIM (micro + nano / microSD)

>>Octa-CoreMediatek MT 6592M processor, Mli 400 GPU

>>13MP rear camera with AF, dual LED Flash, f/2.0 aperture, 1080p video recording

>>5MP front-facing camera

>>Dimensions: 5.77mm

>>Colors: grey, and Gold colors

>>3G , Wi-Fi 802.11 b/g/n, Bluetooth 4.0, GPS

>>3600mAh battery


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All Internet of Things Forecasts Slope Up and to the Right

All Internet of Things Forecasts Slope Up and to the Right


It is impossible to find any Internet of Things forecasts, for any segment of the market, that fail to show an”upward sloping to the right” growth curve. In other words, virtually every forecast predicts significant to strong growth.

That seems to be true whether one looks at single-country or global forecasts. Of course, as always, global forecasts can obscure as much as they illuminate. Most of the near-term deployment of IoT will happen in a relative handful of countries.

So far, by some forecasts, North America represents as much as 45 percent of the global total, Asia perhaps 30 percent, Europe perhaps 20 percent.

source: Business Insider

source: marketsandmarkets

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Saturday, May 13, 2017

Apple Records Highest Ever Market Share in Japan and S Korea

Apple Records Highest Ever Market Share in Japan and S Korea


iPhone Sale Boost in Korea and Japan
Apples iPhone is having some fantastic luck in various vital Asian markets, as per another report from Counterpoint Research (cap tip to the Wall Street Journal for detecting this).

The iPhone hit a record high sales market share in South Korea, representing 33 percent of month to month sales in the country in November. The stronger shipments of the iPhone in South Korea appear to have agreed with a huge slip for Samsung:

iPhone hits record sales market share in South Korea, grows to 51% in Japan


Tom Kang, Counterpoints research executive in South Korea, says that Apple has figured out how to pass a notable development. "No foreign brand has gone past the 20 percent market share stamp in the history of Koreas smartphone industry. It has dependably been ruled by the worldwide smartphone player, Samsung. Anyhow iPhone 6 and 6 Plus have had any kind of effect here, marking the oppositions phablet sales. Korea being the worlds most astounding entered phablet market (handsets with 5" above screens) truly required a huge screen iPhone for very much a period and now this thirst has been extinguished."
Apple iPhone Sales in South Korea

Kang clarifies that if Apples supplies werent so compelled directly after the iPhone 6 dispatch in September, its numbers mightve been ever stronger in South Korea – it "could have moved to the 40 percent level," he includes.

Japan Boost

Apple iPhone Sales boost in Japan


In Japan, the same report saw the iPhone sale increased to 51 percent market share in November. That was the most elevated figure all year, demonstrating that the colossal swarms queueing for the iPhone 6 and 6 Plus in September interpreted into a sales bonanza.

Rival brands like Sharp and Fujitsu confronted slow decreases for the vast majority of 2014.

The 51 percent figure isnt a record high for the iPhone in Japan. That was likely attained to promptly after Docomo began to offer iPhones, following quite a while of reckoning. The repressed interest saw the iPhone hit 69 percent share of sales towards the end of 2013, as indicated by information refered to by Apple CFO Peter Oppenheimer.

NOTE: The information originates from Counterpoint Researchs Monthly Market Pulse report. It checks month to month sales figures. It doesnt reflect market share of dynamic telephone clients. 


Source: WSJ , Counterpoint Research

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Thursday, May 11, 2017

HP’s New Desktop PC Sprout Works Without A Mouse And Keyboard Looks Amazing!

HP’s New Desktop PC Sprout Works Without A Mouse And Keyboard Looks Amazing!


HP unveiled new desktop computer called Sprout. This is really a ultra modern and futuristic computer. You don’t need a mouse and keyboard to operate this. Check out the video to see all the features.


This will be really useful for artists, designers, kids, architects, and more. Share it with your friends if you like it.



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Tuesday, May 9, 2017

Introducing Twitter Offers Share Coupons Deals and Discount in Tweets

Introducing Twitter Offers Share Coupons Deals and Discount in Tweets


Twitter Offers
Twitter is presenting another service called Twitter Offers, which will allow companies to share in-store and online deals/coupons and discounts right from a tweet. The deals will show up in advanced tweets, and anybody on Twitter will simply need to click a button to claim them. The service will begin in US, and if the Visa is now stored on Twitter, the deal will get connected with the card and will naturally be recovered once its utilized to purchase.

The new service is an approach to offer deals, which will help different companies. The ones that depend on in-store traffic will have the capacity to offer deals on Twitter and let individuals effortlessly claim them for later use in stores. The employments of these deals will be tracked, which implies companies will know whether theyre effective or not. Furthermore in the event that they are effective then this could turn into a solid notice offering for Twitter on its proceeded with way towards profits.according to organizations blog entry, they will with modest bunch of brands to at first test this new peculiarity amid the holidays in United States.

Be that as it may, the drawback of these offers is that they arent initiated promptly upon purchase. Twitter says that the discounts will be connected to a card statement a few days after the purchase is made, which may make purchasers a bit vigilant as they hold up to see whether the offer was effectively recovered or not.

This is the most recent way that twitter is bringing commerce to its stage. Back in later past, Twitter allowed companies to place purchase buttons within tweets so that individuals could purchase straight from their food.

How Twitter Offers works - DP2Web

In an alternate late news, Twitter is demonstrating analytics inside your tweets, so you can see whether your tweets are great or acclaimed. According to the news from The Verge, those included in the trial see a perspective analytics subtle elements button inside tweets on the portable application. At the point when tapped, youre demonstrated aggregate impressions, engagement rate and thats only the tip of the iceberg.

Initially accessible to promoting accomplices, Twitter Analytics stage is currently open to people in general also. "View Analytics Details," which shows up underneath individual tweets, opens a view that reveals to you impressions and engagement rates regarding what number of individuals have seen and clicked the tweet, fundamentally.

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Monday, May 8, 2017

Report Social and Mobile Marketing Are on the Rise

Report Social and Mobile Marketing Are on the Rise


Salesforce releases its 2015 State of Marketing report, and the outcomes are exceptionally fascinating for online marketers, enrollment specialists, and marking experts. As Salesforce put it: "Marketers are moving consideration from customary metrics like change rates to metrics that better reflect customer satisfaction." More entrancing discoveries are beneath. 

Salesforce studied a large number of marketers around the globe and found that the top metric for computerized marketing success was "rate of return" at 32% — however took after not far behind by "customer satisfaction" at 30%. "Customer retention" was generally as critical as "customer procurement," with both evaluated at 23%. 

Top 5 Digital Marketing Metrics

Marketers arent simply captivating online; theyre tuning in, as well

A portion of the ways that organizations are looking for customer-arranged success emerge to me. 44% are utilizing online networking engagement, which Salesforce isolates from online networking listening at 37%. Only a couple spaces down, 38% of marketers utilization blogging as a system, 37% utilization videos, 31% utilization substance marketing, and 15% utilization podcasts, for goodness sake. This demonstrates that there are various convincing, imaginative, and outright fun methods for coming to your audience on the web. I likewise think that it intriguing that online networking listening evaluated an "exceptionally powerful or viable" rate of 68%, the most elevated on the rundown, tied with email marketing. It is safe to say that you are utilizing online networking listening programming as a part of your marketing or enrolling endeavors? 

The significance of social marketing

Comprehensively, the estimation of online networking marketing is turning out to be all the more clear. 66% of marketers now accept social marketing is center to their business, and the same parcel now have a committed group dealing with their online networking endeavors. Maybe most altogether, the quantity of marketers who sort social as an essential revenue source has multiplied since a year ago. 

Top used website 2015What channels are brand utilizing? The main five are Facebook (80%), Twitter (70%), LinkedIn (62%), Google Plus and YouTube (both at 56%). However, the Salesforce report found a scope of new or corner channels, including Line (11%), MySpace (17%), Flickr (20%), and Snapchat (13%). With respect to the best social marketing, one and only site beat out just "videos" at 81% — a site called Tagged, "the informal community for meeting new individuals" (86%). 

This demonstrates not just that your association should be on the "huge five," however that you ought to search for different locales that better mirrors your image or identifies with your audience. Alongside content posts and site articles, consider photographs, videos, infographics, podcasts, and particular substance for destinations like Vine, Line, and SlideShare. 


Mobile at last makes a major sprinkle

Salesforces feature is "The Year of Mobile Has Arrived — For Real This Time," and the numbers back that up. In 2014, just 23% of marketers were utilizing some type of mobile marketing (like applications, SMS, or location-based capacities). In 2015, that number has multiplied to 46%. 58% of organizations (and 73% of US organizations) have a devoted group for mobile marketing — which implies that more than 50% of all brands have particular partners for both social and mobile, an insane idea five years prior. In the event that your marketing division is too little, it might be time to acquire an organization accomplice to oversee no less than one of these vital activities. 

I additionally think that it fascinating that 35% of marketers consider simply "mark mindfulness" a metric for success. That implies that even non-profits or B2B brands without a retail store can in any case influence mobile to extend your customer base and build revenue. 
Mobile Marketing return on Investment


Looking ahead to 2016

The expense of inaction in social and mobile marketing hopes to move higher. Three of the main five zones of expanded spending for American organizations are in social networking; another is in location-based mobile following. At the point when asked which advances are "most basic to making a binding customer excursion," 52% of marketers named mobile applications. Furthermore, since responsive design can prompt a 130% increment in snaps for emails read on a mobile gadget, 68% of marketers say responsive design is "completely basic" or "critical" to their email marketing battles. Another 46% dependably or regularly incorporate responsive design into their site landing pages. In this manner, even "old" marketing systems like email and websites are being influenced by social networking and mobile devices. 

As indicated by the report, the third-biggest challenge for all marketers around the globe is "staying cutting-edge with current marketing technology and trends. 

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Sunday, May 7, 2017

Auslogics BoostSpeed Serial Keys and Keygen Full download

Auslogics BoostSpeed Serial Keys and Keygen Full download


Auslogics BoostSpeed Serial Keys and Keygen Full download
Auslogics BoostSpeed
Auslogics BoostSpeed is the ideal solution to keep your PC running faster, cleaner and error-free. This powerful optimization suite will boost Internet connections, tweak Windows to its peak performance, clean registry and block annoying ads. It’s a great way to keep your computer clean and optimized.Modify Windows settings, file system and services to greatly increase system performance. BoostSpeed will keep monitoring your system for possible optimizations and let you know if such optimizations are possible. You can also run the System Optimization Wizard to periodically optimize your PC.
Features
  • Be notified when your system can be optimized.
  • Improve Internet connection performance with Internet Optimization Wizard.
  • Tweak every aspect of your Internet connection manually.
  • View connections statistics, bytes sent/received and traffic by graph.
  • Optimize Internet Explorer, Mozilla, Opera browser.
  • Increase your Windows performance, optimize system memory.
  • Optimize Microsoft Office components.
  • Stop banner ads with Banner Killer.
  • Check your system for possible optimizations in one go.
How To Activate?
Serial Keys
  1. Download & Install the latest version.
  2. Register using any Given Key.
  3. Enjoy!:)
Keygen
  1. Download & Install the latest version.
  2. Download & Open the keygen.
  3. Click on generate.
  4. Register Using The Generated Key.
  5. Enjoy!:)
Screenshots

Important
If after sometime any of the serial key stops working use another serial key or generate another key using keygen.
When none of the keys are working comment below, they will be updated.:)
Downloads & Links
Working Serial Keys(Any Version).txt
Auslogics BoostSpeed Latest Official Setup(18.48Mb)
Auslogics BoostSpeed Any Version Keygen(257Kb)

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Tuesday, May 2, 2017

Indian Girls And Boys Whatsapp Chat Number

Indian Girls And Boys Whatsapp Chat Number


Online Indian Girls And Boys Whatsapp Chat Number

Indian Girls Whatsapp Numnbers,Indian girls imo Numbers,Imo Girls, Imo Female,gay Whatsapp Numbers,Shemale Whatsapp Numbers,Facebook Girls Whatspp Numbers,

Indian Girls And Boys Whatsapp Chat Number



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Hi friends i m sushama from up kya koi hai jo mera mobail recharge kara dega. I m outofstation .but i have not mony.pls 100 ka recharge kara do. Iske badle me aap jo kahege vo me karungi.

rpita Michelle wrote .
+919410974592 only for good and loving pics not any kind of vulgarity and text also otherwise I will block you.

Hi only educated girls whatsapp me for good friendship and good chat my no 097O220O801 I am from mumbai .

Hi
koi girl, bhabi , women hai jo raat ka mza lena chahti ho phone ka call me anytime
ya whts app p msg kre pura maza mmilega Waiting.

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Monday, May 1, 2017

Snapchat and Square Partner Up for Snapcash Money Transfer

Snapchat and Square Partner Up for Snapcash Money Transfer


Snapchat Square launches Snapcash
Short messaging app Snapchat has banded together with mobile payment company Square to launch another payment service Snapcash.

The recently launched service permits Snapchat users to connection their debit cards to their account and send money to a contact by beginning a chat on cell phone, writing the dollar sign, entering a sum, and hitting the green catch, Snapchat wrote in its official Blog Post. The same is indicated in the feature below.

This move is in accordance with Snapchats extension plans which esteemed at USD 10 billion in its late raising support. As per a late report by comscore, Snapchat is presently the third most prevalent app among millennials (18-34 year olds). The app is more famous than Twitter, Pinterest, Vine, Google+ or Tumblr inside millennials demographic.

"We set out to make payments speedier and more fun, yet we additionally realize that security is key when youre managing money" the company included.

Until further notice, Snapcash is accessible in the United States for users who have a debit card and are 18 or more established. Also, the Snapchat said that debit card data will be safely put away by Square, who will quickly transform the payment and send money straightforwardly to user companions bank account.

This gimmick will be constrained by Squares penetration universally, and Snapchat will need to tie up with diverse nation particular shippers to abstain from getting into issues with government dominant voices in the separate nations. Despite the fact that US could be a guinea pig for this peculiarity, since doing fiscal exchanges over a cool messaging app may not draw in all the users. Also after the late news of Snapchat pictures being spilled on the net the security is still an issue.

Snapchat likewise advertised on Monday that it will bann  all third party apps access to its apps to improve user privacy and security, however this still may not relieve the suspicious ones.





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Saturday, April 29, 2017

The Commissions DSMS and CJEU case law what relationship

The Commissions DSMS and CJEU case law what relationship


The proposal
(for a directive on copyright
in the Digital Single Market)
As reported by this blog, on 14 September last the EU Commission unveiled its second copyright package, ie a new set of proposals [the first being the proposed regulation on cross-border content portability in December 2015] aimed at improving the existing EU copyright framework as part of its Digital Single Market Strategy (DSMS).


Among the contents of the package, so far what has attracted the greatest degree of attention is the Commissions proposal for a directive on copyright in the Digital Single Market (DSM Directive). 


Much has been said on the ambitiousness (or lack thereof) and merits (or demerits, depending on ones own perspective) of relevant provisions, notably those regarding new mandatory exceptions [Articles 3 to 6], a new related right in press publications [Article 11], and the so called value gap [Article 13].


Discussion has been focusing on the relationship between the new proposed directive and the existing body of legislation [for instance: is Article 13 compatible with the Ecommerce Directive? The DSM Directive is silent as regards how it relates to this piece of EU legislation] and the economic/legal rationale of the various initiatives [do we really need a new related right for press publishers, and will it change anything?].


The DSM Directive and the CJEU: why asking?


What however appears to have been left partly out of the debate is what relationship the DSM Directive has and will have with the existing body of case law of the Court of Justice of the European Union (CJEU).


The question is worth addressing for two main reasons, I think.


First, because the DSM Directive itself attempts a codification of CJEU case law. Examples are Recital 38 [with regard to the 2009 decision in LOréal, noted here] and Recital 36 [with regard to the 2015 decision in Reprobel, noted here].


Secondly, because the DSM refers to key concepts but fails to define them. This is particularly the case of communication to the public. For instance, from Recital 38 it is apparent that an obligation for hosting providers that "store and provide access to the public to copyright protected works or other subject-matter uploaded by their users" to conclude licensing agreements with rightholders arises when they perform an act of communication to the public. Similarly, with regard to the press publishers right, Recital 33 clarifies (?) that this new related right would not go as far as including "acts of hyperlinking which do not constitute communication to the public" within its scope.


Does the proposed directive
re-write certain CJEU case law?
(1) A "codification" of existing CJEU case law: a good attempt?


Starting from the first question, while in principle it is laudable that policy action considers and addresses the implications of judicial decisions, in the case of the DSM Directive this attempt may prove controversial.


Recital 38 states that "[i]n respect of Article 14 [of the Ecommerce Directive], it is necessary to verify whether the service provider plays an active role, including by optimising the presentation of the uploaded works or subject-matter or promoting them, irrespective of the nature of the means used therefor." 


From this it could appear that: optimisation ? active role ? ineligibility for Article 14 safe harbour

But is this what the CJEU really said in LOréal [and previously, in Google France]? Didnt the Court rather state [simplifying] that: active role, eg optimisation ? knowledge/control data stored ?  ineligibility for Article 14 safe harbour

Rather than codifying LOréal - at Recital 38 the Commission has created done something different, in the sense that the knowledge/control element appears to have vanished. Does this mean that falling within Article 14 safe harbour might become increasingly difficult for hosting providers that give access to "large amounts of works"? If it was sufficient for a hosting provider to optimise results [even by means of an automated process and even without the need for any knowledge/control of relevant data] to be outside the boundaries of the safe harbour, then Article 14 would become applicable in the [very tiny, eg possibly only Dropbox-like situations] minority of cases ...


Turning to Recital 36, the Commission appears to link the introduction of a press publishers right to the outcome of the Reprobel case. But did that case [beneficiaries of private copying levies on printers sales] have to do with "press publications" or "digital uses" at all? No, so the raison dêtre of Recital 36 is a bit difficult to grasp ...


Acts of "communication to the public"
(2) Lack of definition of key concepts

Turning to the second point, the DSM Directive refers extensively to a concept that the InfoSoc Directive itself fails to define, ie "communication to the public".


It has taken the CJEU several judgments to try and make sense of the notion of "communication to the public", but as of today it is unclear whether the subjects referred to in Article 13 of the DSM Directive would be considered as making acts of communication to the public themselves. Yet, the entire Article 13 is built - and almost considers it a given - on the idea that hosting providers may be primarily liable for unauthorised acts of communication ...


In the recent GS Media decision [discussed here, here, here, here], the CJEU confirmed that if one construes communication as merely requiring the making available of a work, ie without the need for any actual transmission, then what needs to be considered is "the indispensable role played by the user and the deliberate nature of its intervention. The user makes an act of communication when it intervenes, in full knowledge of the consequences of its action, to give access to a protected work to its customers, and does so, in particular, where, in the absence of that intervention, its customers would not, in principle, be able to enjoy the ... work" [para 35]

One could wonder whether in the case of hosting platforms, it is the host or rather the user that plays such indispensable role to give access to a protected work.


As I noted here, in light of certain decisions of the CJEU and national courts alike, it may be argued that – in the case of a copyright work made available through the service of a passive online intermediary (host) – the latter would not commit an act of (unauthorised) communication to the public (potentially giving rise to primary liability for copyright infringement), because the role that is ‘indispensable’ in the whole process is the one of the third-party/uploader, rather than that of the hosting provider. 

Should anything be changed
in the proposed directive?
A similar degree of uncertainty also exists in relation to Recital 33, with the addition that in the case of the press publishers right it is not entirely clear why Article 11 refers to the making available right [ie a sub-species of the right of communication to the public, as the CJEU clarified in C More, noted here] while Recital 33 refers to the right of communication to the public ...


All in all the DSM Directive fails to define what is to be intended by "communication to the public" and the questions becomes whether this would raise uncertainties when determining when a host provider is required - as opposed to merely invited - to conclude licensing agreements.

Conclusion


Unlike legislative proposals advanced in the past, from the DSM Directive it is clear that EU legislature is to give account not only of existing legislation but also CJEU case law and its impact. 


While this demonstrates both the relevance of the CJEU in shaping the EU copyright regime and the attention that different EU institutions devote to each others activity, it also raises questions regarding the substance of such interplay and resulting power struggles.


On the one hand, the DSM Directive seems to engage in an attempt to codify or even re-write and remedy to negative [negative, but for whom?] outcomes of CJEU cases. Recital 38 and LOréal is an example but an even more bizarre one if Recital 36 and Reprobel ...


On the other hand, certain provisions in the DSM Directive [eg Article 13] are built around certain key notions, eg communication to the public, that at the legislative level are defined nowhere. The question thus becomes whether the resulting gaps should be filled by referring to relevant CJEU decisions. If this was the case than the results might not be those wished for by certain categories of stakeholders ...

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