Back in April 2009 — before the incredible rise of Android had really picked up steam — Google’s mobile operating system faced a challenger that had almost nothing to do with cell phones. Erich Specht, a man who ran a data company called Android Data from 1998 through 2002, came forward to say that Google was infringing on his trademark by using the name ‘Android’, and he wanted a payout of $94 million from Google, Android Inc, and the Open Handset Alliance.

Last week, Google got some good news: a judge granted Google’s Motion for Summary Judgment to throw out the case. The judge has also canceled Specht’s original trademark, on the grounds that it could result in confusion with Google’s mark, and because Specht has already used it “as a sword” against Google.:

Yesterday morning, Foursquare pushed out a big update to their iPhone app that included the ability to add pictures to check-ins for the first time. This functionality matches the one that rival Gowalla has had for some time now — 9 months, actually. And today, Gowalla hit a milestone with pictures: 1 million. But signs point to Foursquare closing in on that number quickly. Very quickly.

Foursquare co-founder Dennis Crowley told Business Insider yesterday that they were already approaching one photo per second. I checked back with Crowley today and he says they’re still not there quite yet but to ask him again “in a few days”. And when they hit that rate, that means it will take them about 11 and a half days to hit a million photos. In other words, in two weeks, Foursquare could have a million photos as well.

Motorola is close to acquiring Zecter, the Y Combinator-backed developer of cloud storage and streaming applications ZumoDrive and ZumoCast, according to sources familiar with the matter. We hear that the deal will close this year and will likely be the last acquisition before Motorola Mobility, which is comprised of Motorola’s Mobile Devices and Home businesses, and Motorola splits into two divisions in January. According to sources, Motorola Mobility will be the entity that will be absorbing Zecter.

So why would Motorola want Zecter? The startup has a number of compelling cloud storage products that have steadily gained traction amongst users. Zecter’s ZumoDrive offers a simple cloud storage and syncing service with a slight twist. Similar to other storage services, Zumodrive creates a drive on your device that is synced to the cloud. But service includes a slightly different twist-ZumoDrive tricks the file system into thinking those cloud-stored files are local, and streams them from the cloud when you open or access them.

In a 3-2 vote split down party lines the FCC approved the first “enforceable” net neutrality regulations this morning. These rules face opposition from all sides, with some holding that FCC has overstepped its boundaries and others saying that the still unpublished framework does not offer enough protection.

“Given the importance of an open Internet to our economic future…it is essential that the FCC fulfill its historic role as a cop on the beat to ensure the vitality of our communications networks and to empower and protect consumers of those networks,” FCC commissioner Julian Genachowski said at the meeting.

We heard earlier today that Y Combinator-funded Etacts shut down its CRM-like email contact manager after less than a year in service. We subsequently learned that Salesforce has bought Etacts, and have confirmed the acquisition with Salesforce. Financial terms of the deal have not been disclosed.

Etacts, which launched in February of this year, connects with your Gmail account (using oAuth), and integrates with your inbox to build out your list of contacts. The service also allows you to connect your mobile phone will track who you talk to frequently over the phone or SMS. Etacts will then rank contacts by how often you communicate with them, the total number of communications, how long it’s been since you’ve corresponded with contacts and will send you reminders of when you should reach out to contacts, and prioritize messages.

People already ask a lot of questions on Twitter, but it is not designed as a structured social Q&A site like Quora. But that may change judging by a talent acquisition of the team at Fluther, a social Q&A service founded in 2007 that raised $600,000 from Ron Conway, Marc Andreessen, Ben Horowitz, and Naval Ravikant. Terms of the deal were not disclosed, but Twitter did not buy the Fluther product or shares of the company. Rather it entered into an agreement with the five-person team to join Twitter in return for some sort of compensation to Fluther’s shareholders.

I reached CEO and founder Ben Finkel on the phone a few minutes ago. He couldn’t get into details of the deal and isn’t even sure what his new title is going to be or where exactly inside Twitter his team will land. “It is too early to say,” he tells me. What he will say about how the deal is this: “We were basically planning to raise another round, then people started to talk to us about an acquisition. Once we thought about it, given where we were, it made a lot of sense.” Fluther offers a crowd-sourced Q&A service along the lines of Aardvark, Quora, and even Yahoo Answers. What distinguished Fluther is how it tries to deliver an answer in realtime and distributes questions to people based on what they know.

Back in August we reported that Elevation Partners had signed a letter of intent to buy secondary shares in Pandora, the long-suffering, now-hot online radio station. I wondered what ever happened to that deal, so I started digging. As it turned out, shares were sold but Elevation didn’t get them.

Here’s what we’ve been able to piece together, from several sources on different sides of the negotiating table.

Y Combinator-funded startup Etacts, which provides users with a comprehensive contact management app, appears to be shutting down less than a year after launching. We’ve confirmed that Etacts will be shutting down; however, there are rumors that the company was acquired. Etacts declined to comment on these rumors.

Etacts, which launched in February of this year, is sort of like a CRM for your email contacts. The service connects with your Gmail account (using oAuth), and integrates with your inbox to build out your list of contacts. The service also allows you to connect your mobile phone will track who you talk to frequently over the phone or SMS.

Berlin-based startup SoundCloud, which is slowly moving from a music focused site to one where anyone can record and share audio, launched its iPhone app recently. It’s now dropped the Android version and it’s available in the Android Market now, for free. There is no significant difference with the iPhone app which we reviewed here.

Elevance Renewable Sciences— a Chicago area company that uses soybean-, corn- and sunflower oils, poultry fat and other feedstock from renewables to make jet fuel, diesel and specialty chemicals— has raised $100 million series C investment.

Luxembourg-based Naxos Capital Partners led the $100 million investment, joined by Total Energy Ventures (an investment arm of the French oil and gas company Total) along with TPG Biotech and TPG Growth of San Francisco…

A security scanning company called Sucuri.net has made us aware of a new exploit that adds a unique module to many Apache web servers that will, under the right circumstances, return spam links to Google and certain browsers. This is, in short, one of the first targeted, Apache-based spam systems I’ve seen in the wild.

How does it work? The hackers use an SSH or CMS exploit to gain root access and then install a small module that watches the web server’s traffic over time. When you visit the site normally you’ll see absolutely nothing amiss, even in the source code. For example, the University of the West’s website returns a regular web page and shows no problems in the source. However, when you do a web search for uwest.edu and viagra, you see the infected pages. This indelibly links the potentially popular and trustworthy uwest.edu with the spammer’s URLs.

Hot on the heels of bringing Instant Personalization to Clicker last week, today Facebook is announcing the latest addition to the program: TripAdvisor. The popular travel site, which includes user reviews of hotels, restaurants, and other venues along with tools for booking a trip, will use your Facebook data to more prominently feature friends’ reviews. You’ll also be able to see where your friends have traveled, so you can know who to ask for advice.

As we’ve discussed before, Instant Personalization is one of Facebook’s more controversial programs (at least, it was when it was announced earlier this year at f8). Through the program, Facebook allows select third-party sites to access any of your public Facebook data as soon as you hit the site, with no logging in required. Sometimes it’s serendipitous, sometimes it’s sort of jarring, but it looks like most people like it (or at least, don’t hate it enough to quit Facebook). The program launched on Pandora, Docs.com, and Yelp last April, and has since expanded to Scribd, Bing, RottenTomatoes, and Clicker.

There are plenty of iPhone apps out there which let you play different instruments, and some bands like Atomic Tom have even made some great videos of themselves jamming on these instruments. The band Gorillaz is set to release an entire album recorded on the iPad on Christmas.

Getting in on the trend is a couple Israeli musicians, Ilan & Sipo. They recorded a cover of the song “Blanket” by Urban Species using 24 instruments and sounds from 17 iPhone and iPad apps. The video above is the first 30 seconds or so of the song, and you can hear the full song below. I wouldn’t know this was recorded using iPhone apps if they hadn’t told me. But I do have one suggestion: lose the hat.

After picking up local product inventory and shopping site Milo.com for $75 million, eBay has been fairly quick to start integrating the startup’s technology into its products. With the holiday shopping seasonin full swing, eBay added Milo’s local results in its barcode scanning apps, RedLaser for iPhone and Android, as a comparison shopping tool. Today, eBay is debuting its most significant Milo integration thus far—local shopping tool GiftsNearby.

GiftsNearby essentially shows shoppers gift options available for pick up at local retailers in their neighborhood. From electronics to home appliances to toys, shoppers can access products that are available at local retailers nearby their zipcode. GiftsNearby shows local retail prices for each item, directions to the closest store with inventory availability, and an option to browse eBay for the gift. And eBay assures that GiftsNearby will only show items that are actually in-stock and using Milo’s existing partnerships, shows products from 25 national retailers including Target, RadioShack, Toys R Us, and Sears.

Been looking onto this whole OnLive gaming thing with a bit of curiosity? Well then, let the us here at CrunchGear play the part of Santa and put one under your Christmas tree this year. We’re giving away three OnLive gaming systems today and just like our other contests, a simple comment is all it takes to enter. Oh and we’ll take peanut butter chocolate chunk for the customary Santa Clause offering. Click through for the rules and instructions.

We’ve been having an excellent little conversation around the Notion Ink tablet – and tablets in general – over at CrunchGear these past few weeks and I thought it might be interesting to address some of the magical thinking that poisons tech, especially hardware, discussion. Because you and I are reading tech blogs and because tech blogs, primarily, cater to early adopters, there is a consistent and constant litany of specs, speeds, feeds, and quite a bit of “wishful” maundering by fans and anti-fans alike describing this future feature or that future devices from certain manufacturers. “The new Motorola tablet will kill all the rest of the tablets,” we cry, sure and right! “Android is better than Windows Phone 7 forever,” we scream! And then someone replies with an opposing opinion and it’s on like Donkey Kong. Case in point: today I was encouraged to take my own life for my admittedly negative opinion of a particular device. Thank god this isn’t a political blog or I’d be bashed dead in a ravine somewhere.

Let me address my first and most important point: 99% of the earth’s population cares not a whit about Android, iOS, OS X, Windows, Honeycomb, Tegra 2, Sand Hill, or SSDs. They want to turn on their computers, tap out an email to a friend, and turn it off. They want to get orders through their Blackberry, email their employees, and go back to their job as florists, carpenters, and bank tellers. To paraphrase Louis CK, they own a landscaping business, they’re respectable, why do they need the “hot” device? They sure as heck don’t have time to meander through spec sheets let alone give a damn what those spec sheets say.

Comcast this morning announced that it has doubled the amount of movies available on demand that were released the same day as the DVD in 2010, offering customers more than 200 “same-date movies” this year alone.

The company also revealed that its On Demand service reached a total of 18 billion views, this year (that is: the total number of views since the service was launched with a few hundred choices back in 2003).

StudioEX, a Los Angeles-based online game developer, has raised $1.9 million in funding from private investors from around the world (or rather, its parent Camelot Media Investments Media Group did).

StudioEX recently launched the beta version of its first game – a social, turn-based ballistic action game dubbed Galaxy X – on Facebook.

We haven’t covered file storage and synchronization service Egnyte before, but it’s been around since 2008, and is now syncing roughly 5 billion files with more than 500,000 user licenses. In other words, there are quite a few people using it.

Egnyte can best be described as a Dropbox-like service that focuses primarily on helping small and medium-sized businesses sync their files. But it isn’t entirely cloud-based. Instead, it’s using a so-called hybrid solution, where businesses keep a Network-Attached Storage device linked up to their office’s computers, which serves as a ‘local cloud’ — all files are synced and backed up on this local, network connected hardware. Because these files are available on-site, Internet access isn’t required to access them, and latency is minimized. These Local Clouds can consist of Netgear ReadyNAS devices, or VMware-based virtual appliances.

But this same, ‘local cloud’ NAS is also hooked up to Egnyte’s servers, and any changes made between the client computers and the files on the NAS are also synced up to the web for remote access. Once these files are in the cloud, company admins can enable file sharing between employees and also to business partners, who can be given restricted access to specific files.

Achim Berg, Microsoft’s VP of business and marketing for Windows Phones has revealed in a faux-interview with Microsoft News Center that partner phone manufacturers have sold over 1.5 million Windows 7 Phone devices to carriers and retailers in its first six weeks on the market.

Windows Phone 7 launched in Europe and the Asia Pacific region on October 21 and in the United States and Canada on November 8.