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Google has reached an agreement with the Authors Guild and the Association of American Publishers (AAP), which represented a broad class of authors and publishers to expand online access to in-copyright books and other written materials in the U.S. The publications will come from the library collections participating in Google Book Search.

The agreement was reached after two years of negotiations. The deal includes Google dishing out $125 million to establish the Book Rights Registry, which would resolve an existing class action lawsuit brought by the groups.

If the court approves, the agreement allows:

• More Access to Out-of-Print Books — Generating greater
  exposure for millions of in-copyright works, including hard-to-find
  out-of-print books, by enabling readers in the U.S. to search these
  works and preview them online
• Additional Ways to Purchase Copyrighted Books — Building off publishers’ and authors’ current efforts and further expanding the
  electronic market for copyrighted books in the U.S., by offering users the ability to purchase online access to many in-copyright books
• Institutional Subscriptions to Millions of Books Online –Offering a means for U.S. colleges, universities and other organizations to obtain subscriptions for online access to collections from some of
  the world’s most renowned libraries
• Free Access From U.S. Libraries — Providing free, full-text, online viewing of millions of out-of-print books at designated computers
  in U.S. public and university libraries
• Compensation to Authors and Publishers and Control Over Access to Their Works — Distributing payments earned from online access provided by Google and, prospectively, from similar programs that may be established by other providers, through a newly created independent, not-for-profit Book Rights Registry that will also locate rightsholders, collect and maintain accurate rightsholder information, and provide a way for rightsholders to request inclusion in or exclusion from the project.

“Google’s mission is to organize the world’s information and make it universally accessible and useful. Today, together with the authors, publishers, and libraries, we have been able to make a great leap in this endeavor,” said Sergey Brin, co-founder & president of technology at Google. “While this agreement is a real win-win for all of us, the real victors are all the readers. The tremendous wealth of knowledge that lies within the books of the world will now be at their
fingertips.”

What do you think about the agreement? Let us know your thoughts in the comments.

Related Reading:
Google SERPs Promoting Google Book Links
Google Courts Book Publishers, Librarians

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Microsoft announced its earnings for the fiscal quarter ending September 30, 2008. For them, it’s the first quarter of their fiscal year, while other companies go with the traditional calendar and call it their third quarter.

Their net income increased by 2%. This was due largely in part to XBox360, a gaming console which recently received a price slash.

It has been widely noted that Microsoft has a bunch of cash on hand, especially since they didn’t end up acquiring Yahoo after all (yet). MSFT was up .28 at the time of this post. Though with the markets as volatile as they are, that could change at any minute.

Here’s the press release:

Microsoft Reports Record First-Quarter Revenue
Thursday October 23, 4:10 pm ET
Revenue surpasses $15 billion with healthy sales of enterprise software and Xbox 360 consoles

REDMOND, Wash., Oct. 23 /PRNewswire-FirstCall/ — Microsoft Corp. today announced revenue of $15.06 billion for the fiscal quarter ended Sept. 30, 2008, a 9% increase over the same period of the prior year. Operating income, net income and diluted earnings per share for the quarter were $6.00 billion, $4.37 billion and $0.48, respectively.

Microsoft showed particular strength in multiyear annuity sales, which grew more than 20% during the quarter from the combined businesses of Client, Microsoft Business Division and Server and Tools.

“Our customers are asking how they can save money and do more with less,” said Kevin Turner, chief operating officer at Microsoft. “Microsoft is uniquely positioned to help our customers save money through supplier consolidation, increased productivity, and a low total cost of ownership through the depth and breadth of our product portfolio and solutions.”

Microsoft continued to add to its product and services portfolio with innovative offerings such as Microsoft SQL Server 2008, Microsoft Hyper-V Server 2008 and the first service update to Microsoft Dynamics CRM Online.

“In a challenging economic environment, the first-quarter results exhibit the strength and diversity of our business model,” said Chris Liddell, chief financial officer of Microsoft.

Business Outlook

Microsoft’s business outlook reflects a balance of risks and the likelihood of a continued economic slowdown. The trends seen late in the first-quarter are now forecasted to continue, whereas previous expectations were for the economy to improve in the second half of the fiscal year. In this economic environment, the company is focused on three main actions; working with customers to provide high value products at the lowest total overall cost of ownership, increasing focus on expense management and targeting investment into the highest priority strategic opportunities.

Microsoft management offers the following guidance for the quarter ending
Dec. 31, 2008:
— Revenue is expected to be in the range of $17.3 billion to
$17.8 billion.
— Operating income is expected to be in the range of $6.1 billion to
$6.4 billion.
— Diluted earnings per share are expected to be in the range of $0.51 to
$0.53.

Management offers the following guidance for the full fiscal year ending
June 30, 2009:
— Revenue is expected to be in the range of $64.9 billion to
$66.4 billion.
— Operating income is expected to be in the range of $24.4 billion to
$25.5 billion.
— Diluted earnings per share are expected to be in the range of $2.00 to
$2.10.

Liddell noted that “we feel extremely good about our relative competitive position and our ability to continue outgrowing IT spend. We believe our exceptionally strong cash flow, product pipeline and financial strength will allow us to weather economic conditions well.”

Webcast Details

Microsoft will hold an audio webcast at 2:30 p.m. PDT (5:30 p.m. EDT) today with Chris Liddell, senior vice president and chief financial officer, Frank Brod, corporate vice president and chief accounting officer, and Bill Koefoed, general manager of Investor Relations, to discuss details of the company’s performance for the quarter and certain forward-looking information. The webcast will be available for replay through the close of business on Oct. 23, 2009.

About Microsoft

Founded in 1975, Microsoft (Nasdaq: MSFT - News) is the worldwide leader in software, services and solutions that help people and businesses realize their full potential.

Forward-Looking Statements

Statements in this release that are “forward-looking statements” are based on current expectations and assumptions that are subject to risks and uncertainties. Actual results could differ materially because of factors such as:

— challenges to Microsoft’s business model;
— intense competition in all of Microsoft’s markets;
— Microsoft’s continued ability to protect its intellectual property
rights;
— claims that Microsoft has infringed the intellectual property rights
of others;
— the possibility of unauthorized disclosure of significant portions of
Microsoft’s source code;
— actual or perceived security vulnerabilities in Microsoft products
that could reduce revenue or lead to liability;
— government litigation and regulation affecting how Microsoft designs
and markets its products;
— Microsoft’s ability to attract and retain talented employees;
— delays in product development and related product release schedules;
— significant business investments that may not gain customer acceptance
and produce offsetting increases in revenue;
— changes in general economic conditions that affect our investment
portfolio or demand for computer hardware or software;
— adverse results in legal disputes;
— unanticipated tax liabilities;
— quality or supply problems in Microsoft’s consumer hardware or other
vertically integrated hardware and software products;
— impairment of goodwill or amortizable intangible assets causing a
charge to earnings;
— exposure to increased economic and regulatory uncertainties from
operating a global business;
— geopolitical conditions, natural disaster, cyberattack or other
catastrophic events disrupting Microsoft’s business;
— acquisitions and joint ventures that adversely affect the business;
— improper disclosure of personal data could result in liability and
harm to Microsoft’s reputation;
— outages and disruptions of online services if Microsoft fails to
maintain an adequate operations infrastructure;
— sales channel disruption, such as the bankruptcy of a major
distributor; and
— Microsoft’s ability to implement operating cost structures that align
with revenue growth.

For further information regarding risks and uncertainties associated with Microsoft’s business, please refer to the “Management’s Discussion and Analysis of Financial Condition and Results of Operations” and “Risk Factors” sections of Microsoft’s SEC filings, including, but not limited to, its annual report on Form 10-K and quarterly reports on Form 10-Q, copies of which may be obtained by contacting Microsoft’s Investor Relations department at (800) 285-7772 or at Microsoft’s Investor Relations Web site at http://www.microsoft.com/msft.

All information in this release is as of Oct. 23, 2008. The company undertakes no duty to update any forward-looking statement to conform the statement to actual results or changes in the company’s expectations.

Microsoft Corporation
Income Statements
(In millions, except per share amounts) (Unaudited)

Three Months Ended
September 30,
2008 2007

Revenue $15,061 $13,762
Operating expenses:
Cost of revenue 2,848 2,675
Research and development 2,283 1,837
Sales and marketing 3,044 2,683
General and administrative 887 718
Total operating expenses 9,062 7,913
Operating income 5,999 5,849
Other income (expense) (8) 367
Income before income taxes 5,991 6,216
Provision for income taxes 1,618 1,927
Net income $4,373 $4,289

Earnings per share:
Basic $0.48 $0.46
Diluted $0.48 $0.45

Weighted average shares outstanding:
Basic 9,084 9,380
Diluted 9,183 9,513

Cash dividends declared per common share $0.13 $0.11

Microsoft Corporation
Balance Sheets
(In millions)

September 30, June 30,
2008 2008 (1)
(Unaudited)
Assets
Current assets:
Cash and cash equivalents $9,004 $10,339
Short-term investments (including
securities pledged as
collateral of $1,011 and $2,491) 11,718 13,323
Total cash, cash equivalents, and
short-term investments 20,722 23,662
Accounts receivable, net of
allowance for doubtful accounts of
$168 and $153 9,535 13,589
Inventories 1,640 985
Deferred income taxes 1,974 2,017
Other 3,331 2,989
Total current assets 37,202 43,242
Property and equipment, net of
accumulated depreciation of $6,622
and $6,302 6,552 6,242
Equity and other investments 4,381 6,588
Goodwill 12,291 12,108
Intangible assets, net 1,899 1,973
Deferred income taxes 1,041 949
Other long-term assets 1,751 1,691
Total assets $65,117 $72,793

Liabilities and stockholders’ equity
Current liabilities:
Accounts payable $3,351 $4,034
Short-term debt 1,975 -
Accrued compensation 2,138 2,934
Income taxes 514 3,248
Short-term unearned revenue 11,815 13,397
Securities lending payable 1,070 2,614
Other 3,520 3,659
Total current liabilities 24,383 29,886
Long-term unearned revenue 1,662 1,900
Other long-term liabilities 5,478 4,721
Commitments and contingencies
Stockholders’ equity:
Common stock and paid-in capital -
shares authorized 24,000;
outstanding 8,977 and 9,151 61,655 62,849
Retained deficit, including
accumulated other comprehensive
income of $877 and $1,140 (28,061) (26,563)
Total stockholders’ equity 33,594 36,286
Total liabilities and
stockholders’ equity $65,117 $72,793

(1) Derived from audited financial statements

Microsoft Corporation
Cash Flows Statements
(In millions) (Unaudited)

Three Months Ended
September 30,
2008 2007
Operations
Net income $4,373 $4,289
Depreciation, amortization, and
other noncash items 585 435
Stock-based compensation expense 443 333
Net recognized losses (gains) on
investments and derivatives 36 (187)
Excess tax benefits from stock-
based payment arrangements (44) (69)
Deferred income taxes 376 357
Unearned revenue 4,186 3,821
Recognition of unearned revenue (6,044) (4,965)
Accounts receivable 3,985 2,806
Other current assets (558) (235)
Other long-term assets (116) (11)
Other current liabilities (4,552) (1,189)
Other long-term liabilities 700 493
Net cash from operations 3,370 5,878
Financing
Proceeds from short-term debt 1,975 -
Common stock issued 228 646
Common stock repurchased (6,493) (2,930)
Common stock cash dividends (998) (938)
Excess tax benefits from stock-
based payment arrangements 44 69
Net cash used in financing (5,244) (3,153)
Investing
Additions to property and
equipment (778) (510)
Acquisition of companies, net of
cash acquired (377) (5,396)
Purchases of investments (4,246) (5,997)
Maturities of investments 464 330
Sales of investments 7,075 9,120
Securities lending payable (1,543) 196
Net cash from (used in) investing 595 (2,257)
Effect of exchange rates on cash and
cash equivalents (56) 58
Net change in cash and cash
equivalents (1,335) 526
Cash and cash equivalents, beginning
of period 10,339 6,111
Cash and cash equivalents, end of
period $9,004 $6,637

Microsoft Corporation
Segment Revenue and Operating Income (Loss)
(In millions) (Unaudited)

Three Months Ended
September 30,
2008 2007
Revenue
Client $4,218 $4,139
Server and Tools 3,406 2,900
Online Services Business 770 671
Microsoft Business Division 4,949 4,117
Entertainment and Devices Division 1,814 1,929
Unallocated and other (96) 6
Consolidated $15,061 $13,762

Operating Income (Loss)
Client $3,267 $3,388
Server and Tools 1,151 959
Online Services Business (480) (267)
Microsoft Business Division 3,311 2,700
Entertainment and Devices Division 178 167
Corporate-level activity (1,428) (1,098)
Consolidated $5,999 $5,849

Source: Microsoft Corp.

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The new AdWords Editor Version 6.5 has been released and it includes the following updates:

• A new Keyword Opportunities tool
• Horizontal scrolling in the data view
• Auto-sizing columns
• The column chooser stays open until you click away or hit the Escape key
• A calendar added to date picker
• Improved HTML export

Existing AdWords Editor users will be prompted to upgrade, while new users will automatically get the new version.

Have you tried version 6.5? Any new features stand out to you? Let us know in the comments.

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If you are like me, then you are a master of just-in-time planning. While Search Engine Strategies Chicago 2008 won’t be held until December 8-12, if you register by tomorrow – Friday, Sept. 26 – you can take advantage of the “recession special” and save up to $600.

So, if you were already planning to attend, register now and save some dough. If you haven’t made up your mind yet, look over the conference agenda below pronto.

SES Chicago is the only major search engine marketing conference and expo in the Midwest. And, with more than 70 conference sessions, strategic development workshops, keynote presentations, Orion panels, and training workshops, I’ll bet you find plenty of content that was designed for you – whether this is your first SES conference ever or the fifth one that you’re going to attend this year.

This is especially true if you are involved in retail marketing. There is a Retailer Track on Tuesday, Dec. 9, and a Vertical & Retail Track on Wednesday, Dec. 10.

I’ve been optimizing SES schedules for clients and Search Engine Watch readers for years. And there are plenty of sessions at SES Chicago 2008 that everyone should attend, including:
• On Monday, Dec. 8, attend the Conference Welcome/Orientation and Opening Keynote from 9:00 to 10:15 a.m. and the “Orion Panel: CEO vs. SEO” from 1:45 to 2:45 p.m.;
• On Tuesday, Dec. 9, attend the Morning Keynote Presentation from 9:00 to 10:00 a.m. and the “Orion Panel: Why Does Search Get all the Credit?” from 1:00 to 2:00 p.m.; and
• On Wednesday, Dec. 10, attend the Morning Keynote from 9:00 to 10:00 a.m.

But, there are four to five concurrent tracks over the four-day conference and there are three concurrent training workshops on Friday. So, attendees of SES Chicago 2008 will need to make some choices about what to attend.

For first-time Search Engine Strategies attendees, here are the conference sessions and training workshops that I’d recommend:

• On Monday, Dec. 8, attend “Search Industry Update” from 10:30 to 11:30 a.m., “Measuring Success in a 2.0 World” from 11:45 a.m. to 12:45 p.m., and “Search and Packaged Goods” from 3:00 to 4:00 p.m., and “Landing Page Testing & Tuning” 4:30 to 5:30 p.m.
• On Tuesday, Dec. 9, attend “Introduction to Search Engine Marketing” from 10:30 to 11:45am, and “SEO Tools” from 4:15 to 5:30 p.m.
• On Wednesday, Dec. 10, attend “Search Advertising 101” from 10:30 to 11:45 a.m., “Getting Vertical Search Right” from 12:45 to 2:00 p.m., “Blogging for Business” from 2:15 to 3:30 p.m., and “In House: Lessons Learned & Victories Won” from 4:00 to 5:15 p.m.
• On Thursday, Dec. 11, attend “How to Speak Geek: Working Collaboratively With Your IT Department to Get Stuff Done” from 9:00 to 10:00 a.m., the “Ad Copy Continuity Clinic” from 10:15 to 11:15 a.m., and the “Site Clinic” from 11:30 a.m. to 12:30 p.m.
• On Friday, Dec. 12, consider attending the “Search Engine Optimization Workshop” from 8:00 a.m. to 12:00 p.m., and the “Optimizing for Universal Search” workshop from 1:00 to 5:00 p.m.

For veteran attendees responsible for pay-per-click (PPC) advertising, here are the SES conference sessions and training workshops that I’d recommend:

• On Monday, Dec. 8, attend “Search Industry Update” from 10:30 to 11:30 a.m., “Measuring Success in a 2.0 World” from 11:45 a.m. to 12:45 p.m., “Is There Life Beyond Google?” from 3:00 to 4:00 p.m., and “Landing Page Testing & Tuning” 4:30 to 5:30 p.m.
• On Tuesday, Dec. 9, attend “Advanced Keyword Research” from 10:30 to 11:45 a.m., and “Managing Automated PPC Bid Management” from 4:15 to 5:30 p.m.
• On Wednesday, Dec. 10, attend “Advanced B2B” from 10:30 to 11:45 a.m., “Search Advertising Tools” from 12:45 a.m. to 2:00 p.m., “Ads in a Quality Score World” from 2:15 to 3:30 p.m., and “Advanced Paid Search Techniques” from 12:45 to 2:00 p.m.
• On Thursday, Dec. 11, attend the “Contextual Ads & Ad Sense Clinic” from 9:00 to 10:00 a.m., the “Ad Copy Continuity Clinic” from 10:15 to 11:15 a.m., and “Brand & Reputation Management” from 11:30 a.m. to 12:30 p.m.
• On Friday, Dec. 12, consider attending the “Search & Analytics Workshop: Using Analytics to Increase Search Effectiveness” from 8:00 a.m. to 12:00 p.m., and the “Advanced AdWords” workshop from 1:00 to 5:00 p.m.

For veteran attendees responsible for search engine optimization (SEO), here are the SES conference sessions and training workshops that I’d recommend:

• On Monday, Dec. 8, attend “Universal & Blended Search” from 10:30 to 11:30 a.m., “Measuring Success in a 2.0 World” from 11:45 a.m. to 12:45 p.m., “Igniting Viral Campaigns” from 3:00 to 4:00 p.m., and “Semantic Search: How Will it Change Our Lives?” from 4:30 to 5:30 p.m.
• On Tuesday, Dec. 9, attend “Usability & SEO: Two Wins for the Price of One” from 10:30 to 11:45 a.m., and “Advanced Link Building” from 4:15 to 5:30 p.m.
• On Wednesday, Dec. 10, attend “SEO Through Blogs & Feeds” from 10:30 to 11:45 a.m., “Video Search Engine Optimization” from 12:45 to 2:00 p.m., “SEO Friendly Flash” from 2:15 to 3:30 p.m., and “The Next Wave for Online Video” from 4:00 to 5:15 p.m.
• On Thursday, Dec. 11, attend “How to Speak Geek: Working Collaboratively with Your IT Department to Get Stuff Done” from 9:00 to 10:00 a.m., “Affiliate 2.0: New Distribution Value Using Search & More” from 10:15 to 11:15 a.m., and “Black Hat, White Hat & the Best Kept Secrets to Search” from 11:30 a.m. to 12:30 p.m.
• On Friday, Dec. 12, consider attending the “Link Building Tactics, Tools & Techniques” workshop from 8:00 a.m. to 12:00 p.m., and the “Viral Marketing & Link Baiting” workshop from 1:00 to 5:00 p.m.

Of course, veteran SES conference attendees already know how to navigate the conference agenda. They may want to check out the Issues Track on Tuesday, the Social Media Track on Wednesday, and the Local Track on Thursday. The point I’m making is there are plenty of conference sessions, strategic development workshops, keynote presentations, Orion panels, and training workshops to help them take their skills to the next level.

You’ll also see a couple of sessions “reserved for late-breaking topic.” Every year that I’ve been attending Search Engine Strategies – which goes back to the spring of 2002 – there have been unexpected developments in the search industry. So, use the optimized schedule above to get the folks in finance to approve your plans to attend. But, even I expect to be “calling audibles” when I get to SES Chicago 2008.

We here at Incisive Media, home of Search Engine Watch and Search Engine Strategies (SES), are pleased to announce a few promotions within our event programming team.

First off, Stewart Quealy has been promoted to VP of content development. Stew has been programming the Search Engine Strategies events since 2001, most recently as senior conference program director. He will become the senior person responsible for creating conference program content for all events in the group and will be involved in the overall strategic development of our conference business. That includes the SES conferences, webcasts, and training courses.

Marilyn Crafts has been promoted to senior program director. She’s been programming our SES events for the past 8 years. She will continue to work closely with Stewart, Jackie Ortez, and the rest of their team in program development, speaker selection and event strategy.

“Anyone who’s spoken at or attended an SES event has seen the hard work and professionalism of Stewart, Marilyn, and the rest of their team,” said Gary Lynch, managing director of the Interactive Marketing Group in North America for Incisive Media. “We’re happy to be able to recognize and reward that hard work, and continue to produce top-quality events.”

Kevin M. Ryan, who has been serving as VP and global content director for SES, will transition to the role of chairman of the SES Advisory Board. He will continue to have an active and visible presence at our events, and to advise Stewart and his team in their programming efforts.

“A little over a year ago, Kevin took on the assignment to stabilize and build the SES brand during a critical transition phase for the business. A year later our events, including the global SES conference and expo series, are still the dominant brand in the industry with a strong global presence,” Lynch said.

Kevin plans to return to his roots on the agency side of search as CEO and founder of Motivity Marketing, a strategic consulting firm focusing on search and interactive marketing. He will also continue to write his weekly column here at SEW, “Searching For Meaning.”