Bits Blog: Tech Moves to the Background as Design Becomes Foremost

Stephen Lam/Reuters Craig Federighi, Apple’s senior vice president for software engineering, discussing the redesign of its mobile software system.

In the last few decades, the computing industry has passed through several different eras. In the ’90s, the big tech companies were in a race for faster and more powerful computers. Then in the 2000s, the industry moved to mobile in a quest for slimmer phones with brighter screens.

Now, the industry is entering the era of design.

As I noted in my column this week, Disruptions: Mobile Competition Shifts to Software Design, tech companies are looking for ways to make sure the user interfaces of their products are unique.

Design experts I spoke with noted that many of the devices we use today look almost exactly the same, which explains the emphasis on the software that goes into that interface. Battery life and processing speed are only marginally different within product categories such as smartphones. But the look and feel of the software is what allows a competitor to leap ahead of the competition.

Cesar Torres, a former Apple designer who now works for Sidecar, a ride-sharing start-up, said on Twitter: “While I don’t agree with the stylistic choices in iOS 7, it excites me that ‘design’ is a term that shows up in major news site headlines.”

Design, it seems, is becoming a mainstream topic. And for those who have lived and breathed design for decades, it’s a refreshing change.

“In the ’90s when I would meet with investors, there was no return on investment for design. Yet today, 20 years later, every project I do is because design is seen as absolutely central,” said Yves Béhar, the founder of Fuseproject, a San Francisco design agency.

Mr. Béhar said that, now, directors, chief executives and investors often sit in meetings and ask about user interface, overall experience, and the look and feel of a product. Twenty years ago, most investors wouldn’t even know what those terms meant.

What the mainstream and the financiers are now starting to realize is that design is a doorway to something much more important.

“Design, even if you’re talking about Apple and their sexy devices, is a promise of quality,” explained James Victore, an award-winning art director, designer, and author. “It’s a promise that the public is not going to be let down.”

BP Trial Opens, With Possible Deal in Background

James P. Roy, the lead lawyer of private plaintiffs, started the trial with a scathing attack on BP for ignoring multiple signs of problems on the rig and in routine maintenance of safety tests and equipment that led to the Macondo well accident.

“BP made a series of decisions to save time and money that substantially increased risk,” Mr. Roy told a packed courtroom. He said the decisions were typical of “a culture of profit and production over safety.”

In more than an hour of testimony, Mr. Roy noted that BP had decided to employ single-walled drill pipe, which provided inferior barriers to leaks, and it decided that it was not necessary to circulate drilling mud, a method designed to strengthen cement, before installing a seal on the well. He reminded the court that BP opted against conducting a cement bond test, an acoustics test that could have identified the gas that had leached into the piping during the well cementing process.

And finally, he said, using information that has previously been described in numerous government and private reports since the accident, BP ignored the results of a failed pressure test shortly before the well was sealed and blew out.

But Mr. Roy also argued that Transocean, the owner and operator of the Deepwater Horizon rig, had failed to adequately train its employees in emergency operations, and Halliburton was deficient in testing and mixing the cement to seal the well.

The first phase of the trial, which was expected to last three months under Judge Carl J. Barbier of Federal District Court in New Orleans, will determine whether BP or its contractors were “grossly negligent” in causing the accident. The private plaintiffs in the trial, including thousands of businesses and individuals, are suing for damages from all the companies.

In his opening statement, Michael Underhill, the Justice Department’s lead attorney, said the government would prove that BP was grossly negligent. “Reckless actions were tolerated by BP, sometimes encouraged by BP,” he said. “These damages were caused by actions that cannot be seen as anything but inexcusable behavior.”

He discussed a phone call between Donald Vidrine, a BP supervisor on the rig who has already been criminally charged, with Mark Hafle, an onshore engineer, in which Mr. Vidrine described problems with a critical test less than an hour before the explosion. But neither man took action to stop operations to prevent the eventual blowout.

Separately, details of a settlement offer by federal and state officials to the oil company began to emerge over the weekend. The plan, worth a total of $16 billion, would limit the fines paid by BP under the Clean Water Act to $6 billion, a proposal that could help reduce its tax liability, one person briefed on the plan said Sunday, speaking on the condition of anonymity.

BP would also pay $9 billion in penalties to cover damages to natural resources as well as the cost of restoration, that person said. The remaining $1 billion would be set aside in a fund that could be tapped if unanticipated environmental damages related to the spill developed.

No one at BP, the Justice Department or the states involved has commented on any settlement proposal, but several lawyers briefed on the negotiations said that a $16 billion proposal had been made. The affected states are Alabama, Florida, Louisiana, Mississippi and Texas, although only Alabama and Louisiana are participating in the trial.

Even if settlement talks slow or stall, the proposal represents a big breakthrough for several reasons, lawyers briefed on the talks said. For one, it represents the first time that Louisiana, which was hardest hit by the spill and would receive the largest payout of any state from a settlement, has participated in an offer.

In addition, the proposal signals the first agreement among states and the federal government on two other crucial issues: a rough plan for how the states would divide any settlement money, and how the settlement would balance fines and penalties against BP.

BP pleaded guilty last year to 14 criminal charges, including manslaughter; admitted negligence in misreading important tests before the blowout; and agreed to pay $4.5 billion in fines and other penalties. The Justice Department has also filed criminal charges against four BP employees.

Last February, a trial to resolve claims against BP by individuals and businesses affected by the spill was delayed by Judge Barbier on the eve of trial because of settlement talks. BP subsequently agreed to create a fund now valued at $8.5 billion to settle those claims. However, numerous individuals and businesses chose not to participate and are also parties to the trial that started Monday.