Friday, January 28, 2005

Now this is what rumors are all about

...

The site Macrumors - "does rumors right" - in my opinion.

Here' is the latest:

"According to the news site, the following url reference appeared on Apple's Powerbook pages:

http://switch.atdmt.com/action/apple_g5_powerbook
The reference was in an IMG tag, speculated to be a counter for Apple's various individual web pages. The reference was changed to apple_g4_powerbook shortly after the publishing of the story."


Now, they didn't steal, they didn't coerce, they didn't solicit with a phone number for people to break Non Disclosure agreements. Plain and Simple - they are speculating because of some HTML code euncovered on Apple's website.

Macrumors also often posts patent information found at the USPTO.COM website ... again - great rumormongering.

...

Thursday, January 27, 2005

Powerpage has lost power (updated)

...

I used to love the Powerpage. Back in 1998, I would have to say it's where I really got my start on the internet. I advertised my book in it's forums. I bought from the people that listed in the for sale forums. I really enjoyed the articles - mainly because they were quick and fresh.

I can't recall the exact timeframe, but I'm going to estimate it was in early 2000 ... the PowerPage went through a major overhaul. The new design was gorgeous. The reason I say "gorgeous" is because it was similar to my original design of my adzoox.com domain. :-) The forums worked great. The stories were still fresh.

I contributed to several stories there.

Then, in 2003, I was contacted by Jason O' Grady through email and told I was copying the artwork on the mainpage with a logo that looked like this:



And here is my original logo:



Within a month or two of this email the Powerpage went down often, new designs started popping up and then would be taken down.

Here is one of those redesigns:



Then, out of the blue, the current design hit:



What happened?

Along with this design (that has been in place for over a year now) came forum problems. Many posts to the comments and forums sections would show up randomly. Many others were deleted. Many sections were deleted. The Powerpage's news became recycled or old hat. Most of the reviews started to be of products that had been out for MONTHS. Each page focused more on annoying flashing gif animation ads than content. As of a few days ago - comments have been eliminated completely.

Take this current story in the picture above. The iPod Shuffle "take apart" was floating around just about every major website on Monday jan 17 ... this story was posted Saturday jan 22

The website tries to steal elements from slashdot using the "from the ________ dept"

The current logo and design is horriffic.

The main reviews are of PowerBook totes and carriers.

Most of the user submitted reviews or stories are filled with incorrect instructions or specifications.

Look how [the new logo] says the "8th Anniversay" - yet the copyright says 1995 - 2004

Add in this year - Isn't that 10 years? Wouldn't you celebrate a 10 year (decade) anniversary over an 8 year??

There are common errors such as the ones circled.

Now, let me back up and say ... I realize I have grammar mistakes -lots of them - all over Jackwhispers. But, and here's the big B-U-T, I don't have the sponsors that The Powerpage seems to have. It is shameful to have such a site and garner ANY sponsorship. The companies that advertise on the Powerpage should be infuriated.

The Powerpage also bothers me a little - now that I have found a connection between Jason O Grady and Think Secret's Nick Ciarelli (see below).

I have despised the Powerpage over the last two years as well for making up rumors or posting rumors just to get hit totals up. The Powerpage sponsors should also be suspicious of this as well.

Frequently, the Powerpage is criticized for it's story content by forum posters on Macrumors.com.

...

Monday, January 24, 2005

Evidence of Think Secret's loss

...

'California law prohibits the publishing of information that the publisher knows to be a trade secret"

AND

Please reconsider my point about freedom of speech:

From the actual constitutional 1st ammendment in the Bill Of Rights:

Congress shall make no law .... abridging the freedom of speech or of the press.

Where does it say that business plans are not property and where does it say that business plans are speech? In fact, where does it even say, even if you don't know what you are reporting is illegal - you have the right to report it?

...

Sunday, January 23, 2005

Thank You!



Thank You!


Thank you for ordering your T-Shirt to help support this site and keeping my bills paid! I sincerely appreciate your reading and wearing Fix Your Thinking.

You can expect to receive your T-Shirt within 15 days of your order. If you do not receive your T (and iPod Skin) - leave a message on this or any other page and I will look into it.

Philip
www.fixyourthinking.com

Saturday, January 22, 2005

JackWords Archive



Each time, Jackwhispers brings you JackWords, you will see one Apple computer related term and one "vocabulary building" word.

Jackwhispers will explain, through editorial and laymen exposition; each term.

This page will be a repository for the JackWhispers Feature JackWords:

Vitriolic & AppleCare
Reciprocity & Kernel
Pedagogy & Apple Certified Technician

Friday, January 21, 2005

Save Nick vs Save Apple

...

The petition online site says:

"These petitions are simply that - petitions. It is possible to manipulate the results. We feel that the overwheming majority that sign an online petition agree with the premise, however we cannot warranty the authenticity of any who signs it."

A little journalistic digging uncovered an interesting detail.

The Powerpage - which briefly became www.go2mac.com is considered a business venture/client of The Deplume Organization. In other words - Jason O' Grady of the Powerpage (whose site has gone down the toilet in the past year) is somehow related to all of this. The Powerpage WAS issued a subpoena for involvement in the "dispensing of trade secrets" as well - it was just Think Secret that is being sued though.



I find it very interesting how The PowerPage and Cnet (a ZDnet property) seem to pick up and "give credibilty" to anything that comes up on Think Secret.

Here is a history found within a Google search [ bold is Jackwhispers emphasis ]:

...with a bit of backing from upstart media firm Perial Media, Think Secret went live at thinksecret.com, bringing the site to thousands of visitors.


What's changed since day one? A lot.


Think Secret has since transformed from a small fan-style website to a viable and profitable business, and the dePlume Organization LLC was founded around it, managing the sales and marketing end of the site. Our staff has grown from a single webmaster (myself) at the beginning to several regular contributing editors, along with an uncountable amount of occasional contributors. Several other staffers have also been added to the business side of things, assisting in advertising sales and corporate strategy. Pageviews have gone up, and are continuing to increase. In addition to new visitors from links on other websites, we have a solid and steadily increasing regular readership - people who bookmark Think Secret and check out each and every update.

[ Jackwhispers note: Either this KID is lying or something fishy is going on here - this history was placed on the internet by Nick Ciarelli WHEN HE WAS 15!!! ]


Think Secret has also had a variety of business relationships. Originally backed by Perial Media, it was a member of Perial's experimental MacLoop Network for several months. In December of 1999 the site officially became a complete property of the dePlume Organization LLC, and under our supervision, the site became a premiere member of MacOS daily's International Network, in April 2000.




In January of 2000, Think Secret finally got a real design, thanks to David Portela and WebDawn MultiMedia. Up until then, the design had been variations and minor improvements upon the same uninspiring theme that the site had launched with, edited with mediocre WYSIWYG editors (anyone remember Netscape Composer?). In March of 2000, Think Secret launched the Infinite Loop, an email discussion list for Mac pros to discuss Apple rumors and news.


First and foremost, I have to thank Think Secret's readership, who have supported us for one full year. Also, kudos to all of the sites that have linked to Think Secret or referenced our articles - both recently and in the past. Many sites have done this, but I'd like to particularly thank Phil Pearson, Ladd Morse, and Ruben Cervantes at MacSurfer's Headline News for their continued support. And as always, the site could not survive without our past and current lineup of sponsors,: infiniMedia, MacGurus, PepeSearch, Fantom Drives, MacRewards.com, The MacSmith, RedLightRunner.com, PowerMax, and Galleon Software. Finally, thank-yous to: the gang at the MTK board, |trev, Matthew Rothenberg, Kevin Gaussoin, Carson Baker, Mac the Knife, John Majhor, David Nelson, Ji-Shim, Robert Morgan, Kunoh, CHON, Aaron Swartz, Gando1f, MacLiving Magazine, MacDirectory, and David Portela, and to Adam Denker and the entire MacOS daily iNet, Charles "Option8" Mangin, Chris Freemott, Jade Hansen, Calvin Bluestone, the staff at the dePlume Organization LLC, and an uncountable number of anonymous behind-the-scenes characters. And to everyone whom I've forgotten to mention - you all know who you are.


As always, there are a few more surprises for the future here at Think Secret. Stay tuned.


-Nick dePlume
Publisher and Editor in Chief, Think Secret


>>>>>>>>> A FEW NOTES ABOUT SOME OF THE ORIGINAL SPONSORS <<<<<<<<<<


• macrewards.com - no longer in business - was a lottery drawing scam site
• Perial Media - forced out of business for questionable content/low performance stock
• fantom drives - WORST customer support I have EVER dealt with - cost a customer of mine $1000's of dollars
• Mac Living Magazine - no longer published
• Pepe Search - a known distributor of spyware for PCs
• Most of the names mentioned are THE VERY people who distastefully argue against me in forums around the internet on this issue and have sent me nasty emails
• Some of these people work for Apple developers and distributors and are OBVIOUSLY some of the sources giving this information away like free pens at a BIC convention.


..................................................................................

Interesting stuff uncovered about Nick's new legal representation, Terry Gross of Gross & Belsky LLP:

Question asked in the Macrumors forum:

So is he paying this attorney or is the lawyer doing it pro bono

Most likely the lawyer will try to do this for notariety. That said, his choice of lawyer was very poor because it's the same lawyer that defends downhillbattle.org who runs these two websites

http://www.downhillbattle.org/itunes/

http://itunesperipod.com/

And downhillbattle.org also ran a bogus contest to collect pepsi caps during last year's super bowl promotion.

This same lawyer defends the illegal file sharing sites like SuperNova.

[ Note: I do not think ALL p2p is illegal ]

As for whether he could afford it or not and whether Nick Ciarelli is playing to our heartstrings. How many Harvard kids do you know come from poor families? (there are some I know)

And, either he's lying here or he making pretty good money:

"Think Secret has since transformed from a small fan-style website to a viable and profitable business, and the dePlume Organization LLC was founded around it, managing the sales and marketing end of the site. Our staff has grown from a single webmaster (myself) at the beginning to several regulars...

Again, I just want readers to note the theme of the people that are being dealt with here. Terry Gross represents a website and SEVERAL other entities that HATE APPLE!!! This lawyer despises the iTunes Music Store.

..

Tuesday, January 18, 2005

When you don't get your friend's support

...

When last I read - Steve Jobs and larry Ellison were really good friends, then what's up with this comment?


From: The IT Journal
By: Chris Preimesberger

An Interview with Larry Ellison of Oracle

Q: In your opinion, is there a major corporation today showing the kind of innovation that IBM had in its glory days?

Ellison: No. One of the great disappointments in Microsoft is that they have all this money, and they've had this tremendous success selling Windows, selling Office ... but just try to list the innovations from Microsoft. I'll take IBM over Microsoft. Although I think Microsoft does some things brilliantly. The way they destroyed Netscape was illegal but brilliant. Microsoft's policy has been the destruction of innovation. Netscape was the most innovative software company around, certainly during the 1990s. These were the people who really popularized the internet, through the outgrowth of the Mosaic browser. And Microsoft said the reward for innovation should be oblivion.


A quick Google search turned up this interview with Larry Ellison as well:

"Steve Jobs is my best friend, and I love him dearly, and he's one of the most remarkable people on this planet. You watch him create Apple, then in one of the worst human-resources mistakes in the history of Silicon Valley -- the only thing worse was when the French fired Napoleon -- they fire Steve Jobs and Apple almost completely disintegrates. Then he comes back and he saves a company that was on life support."

Monday, January 17, 2005

The Apple Please Pursue Litigation Against Think Secret Petition

...


I am starting a petition to pursue the lawsuit for several reasons:

1) This costs you and I in higher prices due to attorney costs - HP, Dell do not have much of a trade secret protection legal team

2) Every time around Macworld; stockholders suffer and Apple sales plummet (temporarily) due to rumors. This can sometimes skew sales projections. (Admittedly this time, it might be different - but Apple is still riding the iPod wave - so it's hard to tell)

3) Think Secret is different than other rumor websites. It specifically solicits insider information with a phone number.



4) With the amount of accurate information - the sources used HAVE to be known NDA breaches. (As many have compared - this is similar to accessory to crime and to receiving stolen property)

5) Think Secret has a certain tone about it that is negative. Nick Ciarelli seems too intimate with the bogus reseller lawsuit. ( which I'm actually thinking could be someone fronting for the real writer - I notice recent postings on the site have been by someone named Ryan and not Nick dePlume (ciarelli's alias) )

http://www.PetitionOnline.com/0515opts/petition.html

To:  Apple Computer

The following represent the level headed Mac faithful who do not appreciate Nick Ciarelli of Think Secret. We understand, by definition, that Nick was outside the bounds of the constitution and outside the limits of journalism. Rumormongering such as Think Secret publishes is harmful to Apple. We understand that "Trade Secret" is important to Apple's business model. We would like Apple to pursue this litigation to send a message to any developer, Apple employee, or industry insider, or beta tester that breach of contract [by breaking your Non Disclosure Agreement] is very serious. We also represent potential customers - we feel such litigation may ease future need for litigation against others who try to take advantage of Apple at our expense (by higher prices). Further, we represent Apple shareholders. As shareholders we believe Think Secret sets financial expectations too high by mixing credible and ficticious rumors, that stock market analysts and major news sources, quote and misquote. This is often detrimental to Apple's stock and quarterly forecasts.


A comment from insanelygreat.com:

"As an Apple stockholder I do not want anyone releasing detailed information about the company's products until they are ready for market and any new innovations have patents applied for. If Apple didn't sue this individual they would be negligent and subject to lawsuit by investors."

most rumors sites are just that - speculators/prognosticators - manufacturers of stories. THIS - I do not see as harmful - and occasionally they are right. Other sites do rumor source by patent application.

NO OTHER rumor site solicits information by a phone number and regularly quotes sources as "deep with inside Apple"

NO OTHER website reports (firsthand) about the reseller lawsuit and knows the intimate details such as Think Secret

Plain and simple. Information about Apple products acquired on the Apple campus is Apple's property. You take Steve Jobs stapler from the Apple campus and tell a friend they can have it and they obviously can see you stole it or you say, "Yeah, I swiped it when he wasn't looking" - you are in receipt of stolen property. You are an accessory to a crime.

If you solicit and receive information that is a trade secret - that information belongs to Apple - if you choose to capitalise on that information you are an accessory to the process of theft.

It is NO different.

And I really wish everyone would stop saying rumormongering is journalism. Do you all have the same opinion of The Enquirer or The Weekly World? Is that journalism?

Further, understand that this ALL hurts Apple's relations with developers. I doubt seriously if I would want to be involved with Apple if I had something they wanted or wanted me to cooperate with them on. It's too much drama.


...

Recycling that's bad for your environment

...

I enjoyed this story mainly because I got an email exchange from the "people at downhillbattle.org".

This was one of the 1st times I went against the grain and I actually figured out a potential conspiracy plot.

If downhillbattle.org got a 1200 cap sample that would be enough codes to put into a number generator and get free iTunes songs by generating your own codes.

...

Go to Dell.com rhymes with Go to hell.com

...

I can't believe competition would sink this low ...

As reported by MacMinute:


Dell CEO Kevin Rollins says that Apple isn't "in the same league" as Dell, and that he isn't worried about the iPod and Mac mini. "It's interesting the iPod has been out for three years and it's only this past year it's become a raging success. Well those things that become fads rage and then they drop off. When I was growing up there was a product made by Sony called the Sony Walkman--a rage, everyone had to have one," he said. "Well you don't hear about the Walkman anymore. I believe that one product wonders come and go." Rollins is also not impressed with Apple's Mac mini. "It might take some here and there, but Apple's market share in the global computer business has really shrunk pretty far," he said. "Where they've been making success recently is not in the computer business, but in the iPod music business. So this might be an interesting new product but I'm not really believing this is going to turn the industry upside down."

...

Have an All In One Mac or has your motherboard ethernet gone out? Head over to ADZOOX.COM for an EXCLUSIVE solution!

USB to ethernet adapters only $25 shipped! (for Macs or PCs)

10/100 ethernet PCI cards only $10 shipped! (for Macs or PCs)

...

Saturday, January 15, 2005

There won't be a JPod but there will be an Hpod & iPod

...


AppleInsider is reporting that HP may not be carrying iPods any longer.

Here is a regurgitation from Engadget:

"The end of the HP iPod?"

"We know, we know, besides a little engraved logo on the back there’s not really any difference between HP’s version of the iPod and the original, so it’s not like this news is going to ruin anybody’s day or anything, but AppleInsider says that HP has stopped placing orders for the iPod after a dispute with Apple over price protection policies. (HP currently offers their own versions of the 20GB and 40GB 4G iPods and is supposed to offer an HP iPod photo at some future point.) Basically HP wants a guarantee that Apple won’t cut the price of the iPod, they’re worried they’d have to match any price cuts and take a loss on the players (or at least see some serious hurting of their profit margins). They’ll probably figure something out, but we’re guessing that Apple (and probably the rest of the world) could take it or leave it—only 7% of iPods sold last quarter sported an HP logo on them."



One reader comment:

"In general, I always thought this was about as dorky as you can get for HP. Did anybody REALLY think HP added any value to this relationship? It comes off like a pity move . . . like Mercedes Benz allowing Nissan to put their nameplate on a C-class in the hopes that people will think it's a really nice Altima."

Jackwhispers Comments:

HP brought a LOT to the table. The iPod tattoos is one element. Direct from iPod printing to most of their newest printers is another. Also, and this is a BIG also: HP brought even MORE distribution channels! Try 7700 Radio Shack stores!

Part of the iPods popularity is that you cannot avoid it. It's being force fed to everyone!

Also, HP has a much better marketing and PR department than Apple. I have done several demo days for the HP iPod myself. They make a big impact. I was able to upsell anyone who was looking for ANY type of audio device at the Circuit City where I did my demos.


To top it off Apple is able to have iTunes installed on PCs. It's not just for iTunes. It also means Quicktime is installed by default. Audio and Video apps open by default in these two programs.


AppleInsider has no idea what they are talking about - it's most likely just a contract renegotiation. Carly Fiorina said she was VERY happy with the results so far.


(But I'd like to know where the figures are coming from, because Fiorina's keynote put it at 11%)

...

Friday, January 14, 2005

The iMovie Store???

...

Does this mean The iMovie Store?

http://www.helixent.com/iflicks/download/notice.html

...

Applitisation of the world!

...

Apple needs to capitalise on the Mac Mini by more than just tossing it out there for the wolves to feed on.

This is one of the greatest oppotunities Apple has ever undertaken.

...

Jack Classics Archive

This page is a repository for older feature stories. Check back often as these stories are updated regularly.

* added by popular request * The Worst Date Ever For An Apple Tech

* awarded Best Writing by Digital Culture

* Worst Date Ever Followup* The Best Date Ever

How To Avoid An Auction Scam Without Really Trying

Mac Fanatics Cause iVirus

Rumor Has It: Apple Doesn't Like Rumor Sites

Should It Be Spelled Rebate or ReBait?

Paypal Ain't My Buddy

Blaming It On PeePee in Coke

Scamming Scammers & The Scheming Scammers Who Scam Them Back

Is It A Sin To Buy A Mac?

You Got To Be Real!

The Lame Game Of Using The Same Name

Why The Cherry Or The Pear May Be Apple's Next Lemon

The Headless Horseman's Identity Revealed

Audion Is Now AudiOff

Websites That Help: Yeah, Help Void Your Warranty

The Absolute Cheapest Way To Get An iPod This Christmas

Another Day, Another iPod Scam: About iPodmyphoto.com

Save Nick vs Save Apple: Followup to Think Secret Litigation

The PowerPage Has Lost Power

Your iSkin Color DOES Make A Difference

A Jacked Up Virus: Unintentionally Ruining The Mac Forever

Death & Macses: Tax Time Notes To Mac Users

Are You Calling Me A Dummy?

Tiger Direct Is Just A Pole Cat

No Support From The Mac Support Store

DLO Says DL NO to DVForge

Kill Bill Pt III: The True Story Of BillPalmer & LoadPod

The Other Side Of OtherWorld Computing: The True Story of OWC and CEO Larry O'Conner

I've Got 2 Other 4 Letter Words For The Kids @ SMASHMYIPOD.COM: WASH & SOAP

I Hate Children & Their Little Laptops Too

You Gotta Be Berserk To Use An eBay Listing Company

BS Follows BR: About Bleu Rose Software Leaving The Mac Market

5 Things Steve Jobs Has Misled Us About In The Last 30 Years

Do you have a Mac? No! Then Never Mind! What's up with this (916) 399-7992 number claiming to be Apple?

Do You Love Movies, But Hate Watching Them?

The Continuing Saga Of As the Apple Turns: Where Is Jack Miller?

Kim Is Dim When It Comes To The Mac: All About Radio Talk Show Host Kim Komando

An iLoad of Drama: All About Wingspan Investment Partners and Their CD To iPod Device

Jim Louderback: The Louder Mouth On The Today Show

Apple AMD ARM ATi & why it could all be a Pain in the "A"

A 3rd Party To BS About Apple Security

Be Careful, He Sells Snake Oil In His Other Job

Apple Naming Policy

The 7 Goons Of The Mac World

"No, It's Not About That At All ... BusinessWeek & Other Tech Analysts Just Can't Seem To Understand Apple's Success. It's Pop Culture. That's It!"

How To Get Out Of A Cellular Contract So You Can Get An iPhone

Is Digg A Malice Machine In The Mac Community?

Doing Disney! The Ultimate Review & Tip Guide To All Things Disney World! Part I: Tickets!

Doing Disney! The Ultimate Review & Tip Guide To All Things Disney World! Part II: Budgeting Your Time, Money, & Psyche!

Doing Disney! The Ultimate Review & Tip Guide To All Things Disney World! Part III: Observations.

Use Your Blog To Make A Business Expense Out Of Your Vacation

An F With 2 Lines Through It Is An A+

Universal Aims To Make A Profitless iTunes Music Store

The Untruthful Truth: A Little Opinion About Al Gore's Nobel Peace Prize

5 Odd Ways The iPhone Has Saved Or Made Me Money

Bidzirk vs Smith archive

Bidzirk vs Smith Summary

Kevin Elwell: This Is An Apology? This Is An Outrage! Bidzirk Attorney Makes Outrageous, Untruthful, & Insincere Blog Post!

How To Get 3G On The Apple iPhone With No Hacking Or Dissassembly

Apple: The Only Company Capable Of Revolutionizing The Car Industry

Content on FixYourThinking should be considered CopyLeft© 2003-2008. You are free to link to the content, and use any of the site's content without permission, as long as you cite www.fixyourthinking.com as the source of the material copied. All trademarks & copyrights mentioned or depicted on this site hold their own perspective on the stories reported herein. ™ and © are owned by the respective holders of those rights. Pictures on FixYourThinking may or may not be properly foot noted ... if you are the owner of any content please feel free to email for properly footnoted credit of your work.

Thursday, January 13, 2005

Get an iHome for your home




Seems the faker ... I mean ... maker of the iHome hoax last week before the Expo has decided he would put his fake up on eBay.

Text from the auction:

Yes, this is your chance to buy the famous iHome fake! As seen on Appleinsider.com, Macosrumors.com etc etc. This dummy Mac has been lovingly created from a real cardboard iBook box. Fake product shots were painstakingly mocked up and printed out on an epson before being carefully sellotaped to the box. The whole thing took actual minutes to create and it can now be yours - a real collectors item. (please do not get wet) http://forums.appleinsider.com/showthread.php?s=00f2ef2ee0a7b308acf64c1ec583f125&threadid=49517

sold by philbott

I've added this seller to the bad ebay sellers list

Update: The auction ended with no bids.

...


Wednesday, January 12, 2005

Baby Nick??

...

What a shocker this is:

As reported by Slashdot.

"Nick dePlume has a name, after all. Apple filed a lawsuit against the pseudonymous founder and editor of Think Secret, who correctly predicted two just-announced Apple products and has been the subject of several cease-and-desist letters from Apple in the past; dePlume's identity has now been revealed. Reader willibeast writes "The Harvard Crimson reports that 'Apple Computer, Inc. is suing a Harvard undergraduate who runs a popular Mac information website for disclosing details about unreleased Apple products, including two unveiled at this week's Macworld conference. Nineteen-year-old Nicholas M. Ciarelli '08, known on the internet as Nick dePlume, has run the site, thinksecret.com, since age 13.'"

I'm a little stunned by this revelation, but here's the real issue. Someone is feeding this kid. Someone who doesn't like Apple.

All of Think Secret's commentary seems to be negative spins on Apple and Apple financials.

I would not be surprised if we find out this guy's father was a fired Apple employee or someone involved in this reseller lawsuit [thinksecret.com]. Nick DePlume just seems to know this infomation to intimately.

There has to be some sort of bribery or maliciousness here, because I would consider Macrumors more of a premeir rumor site with MUCH wider base of followers and info providers.

Harvard Law Professor Lloyd L. Weinreb, said Ciarelli might have a difficult time defending his actions.

“If that student is inviting people to give him information that was violating a trade secret he might be liable as a contributory infringer,” Weinreb said. An infringer violates the law directly, but a contributory infringer knows about the infringement and facilitates it in some way.

Milgrim agreed, saying that even if Ciarelli had not solicited trade secrets but had simply posted them, he might still be liable under California law.

“California is one of approximately 44 or 45 states that have adopted [the] Uniform Trade Secrets Act. That statute makes it wrongful to acquire or publish without authorization information you know or have a reasonable basis to know is a trade secret of another,” Milgrim said.

“Just because you receive something on the internet does not mean you have a green light to do whatever you want with it,” Milgrim added.

Here's an insightful reply from Slashdot [to the issue of Nick having constitutional right]s:

"Please show me the constitutional ammendment that protects anoymous sources.

Oh, by the way. If I publish your social security number and all your bank account numbers on a web site, is that protected free speech, too? Or an evil invasion of your privacy?"



...

G4 officially becomes G4 again

...

If any of you followed the previous Jackwhispers story about TechTV getting bought by Comcast and merging with the Comcast Channel G4 - you'll know what a disaster the network has become.



Well, in mid-February, it looks like G4TechTV will officially become G4. Removing the very last piece of what was once a VERY good cable channel and an invaluable resource.

After Comcast announced the merger and I saw G4 content - I dropped extended cable from my bill. After I found out that I could get all the channels in basic just through rabbit ears - I dropped cable altogether.

This was a ploy by Comcast to get on satellite and on Charter and Time Warner cable systems.

I have noticed (although have to admit I watch the channel maybe 15 minutes a week now) that Comcast is advertising.

Charter Communications has a large hub in my area and from what the "higher ups" have told me - they are quite angry.

I haven't understood why the former employees and show hosts don't band together for a class action lawsuit for wrongful termination.

I also don't understand why us geeks (who don't want mindless gaming shows 24/7 and miss the older content) can't ban together and find an attorney that will sue Comcast for collusion and misrepresentation.

It's obvious (especially with this move) that Comcast had NO INTENTION to keep TechTv or any of it's content.

It's a shame Leo Laporte moved to TechTV in Canada!


...

Tuesday, January 11, 2005

Proof of a Kon Man!

...

Jackwhispers brought you the story "What a Kon" about Confabulator's creator Arlo Rose blasting Apple for releasing a Konfabulator like application in the next major release of OS X.

Today's keynote announcement and demonstration of "Dashboard" should put any doubt to rest. This new application is very powerful and VERY different.



Description:

Dashboard - “Get in, find something, get out” Controller for iTunes, world clock, measurement converter. Dictionary and thesaurus (applause).Translation, yellow pages, weather. The keynote crowd laughed at a stock ticker showing Apple and Pixar up and Microsoft down. Widget bar is overlaid under dock. Widgets appear with a ripple effect.

eBay has developed a widget for it to track auctions

Steve Jobs was demoing controls on “back” of widgets. They flip around like the tiles in that tic tac toe beanbag toss game “Toss-across”

..

Whacko @ The Expo

...

Protestors picket Apple & at MacWorld Expo

Full story from MacMinute

Protesters demonstrate outside Apple HQ

January 11, 2005

A group of about 20 protesters picketed outside of Apple Headquarters in Cupertino, CA yesterday, complaining about the company's policies on electronic waste recycling, reports Mercury News. The organizers say they intend a larger display outside San Francisco's Moscone Center where Macworld Expo is being held this week. "Responding to years of criticism by environmental groups, Apple now offers its customers a fee-based computer take-back program," notes the report. "And last week the company joined eBay's 'Rethink Initiative,' which promotes e-waste recycling and provides consumers with information on how to dispose of junk electronic goods."

This aside, activists say Apple has "resisted the concept of producer responsibility for e-waste and lobbied against state e-waste legislation -- despite its progressive reputation." And during the protest yesterday Smith and Robin Schneider of the Texas Campaign for the Environment dropped off a letter to Steve Jobs advising him Apple has been selected as a "2005 corporate target" in the Computer Take-Back Campaign. The group's Web site says they are targeting Apple in part because "The iLife isn't quite as harmonious as it seems. Lurking underneath Apple's beautifully designed digital music players and computers are poisonous chemicals like lead and mercury that can cause birth defects and disabilities."


Would you say Apple is the LEAST polluting of all companies based on the simple fact that the majority of Apple Computers ever MADE are either still in use or busted up for parts.

The SELF RECYCLING efforts that Apple users take is unprecedented!

I will be writing a letter to Smith and Robin Schneider to ask them if they know how much extra security Apple has to hire and legal work it requires to be paid for. As a shareholder - I'm upset. As a conspiracy theorist - Think Secret put this group up to this!



While on the topic of rumors (this week has been busy) - here is a very insightful post on Daring FireBall:

The Rumour Game

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Monday, January 10, 2005

Saturday, January 08, 2005

Am I My Brother's Keeper? (updated)

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Micheal Dell has publicly had this conversation:

Interviewer: "Mr Dell, what is your research & development budget?"

Micheal Dell: "What is Apple's? Apple does everyone's R&D in the PC industry"

With comments like that and "out of no where" hits like the iPod, everyone is CLOSELY watching Apple. If competitors; like Creative, would have gotten a hold of the iPod, they most likely would have made a deal with Toshiba as well. Toshiba had EXCLUSIVE contract dealings with Apple for the hard drives in the original iPod. That carried to larger hard drives - Apple had 20 and 30GB WAY before everyone else did (in the 1.8" size)

Revealing Apple trade secrets hurt Apple. Many have said Apple should be the ones at fault here for not having a tighter lipped unsinkable ship. One of the best stories in the Bible - "Am I My Brother's Keeper?" comes to my mind. Of course this begs the answer, "yes". But truthfully, we cannot control any one. We have the responsibility to follow what is just and right.



Every Jackwhispers page contains a quote from Dr. Martin Luther King:

"Injustice anywhere is a threat to justice everywhere"


Think Secret's encouragement of injustice to Apple is a threat to innovation, capitalism, and bottom lines. Spreading gossip and rumor is not news - solely relying on this type of content is loathsome and unethical.

Think Secret's defense that The Enquirer does it - isn't even valid. People smoke marijuana too. It's legal for certain uses in certain states and legal to smoke in Amsterdam. Does this give Think Secret's Nick Deplume to smoke marijuana out in public in the US?

Rumor and gossip (read as slander, libel, manipulation, and halftruth) is NOT a protected freedom. I would equate to the most common example given for the constitutional right.

• You may speak freely out in the public. You may not speak freely inside a movie theater.

• You may shout out for emergency due to fire if the threat is real. You may not shout out "Fire" if one does not exist.

• You also may not go into a building and shout, "fire" if you have heard a fire hazard exists and you saw someone smoking!

Think Secret rarely speculates (that's what rumors are= speculations/prognostications) - they always have apparently coerced or received information from the disgruntled.

Does it not bother anyone that Think Secret knows the reseller lawsuit a little too intimately? Has anyone ever thought that Elite Computers and MacAdam could be behind a good portion of this constant "stealing thunder from Apple at the expense of Apple sales and exploiting Apple fans desire to see new products"

It has gone way beyond buzz. Reuters, CNet, & all major stock analysts are NOW PINNING Apple stock targets on a headless sub $500 iMac and a flash iPod.

Even if true, anyone who has spoken of these things have done so at the expense of our favorite company.

Apple spends a lot of it's budget on R&D and makes big deals with BIG companies.

I would expect if I was a trendsetter (which I am * wink*) - that my colleagues would have the courtesy to keep mum. I don't profit or prosper by seeming to follow the crowd. I profit by being a leader.

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Update: Rumors sites are trying to defend themselves by comparing their rumors to The Enquirer (celebrity tabloid, etc) Since when does The Enquirer talk about financial advice? (see below posted on AppleInsider) Think to yourself closely, doesn't this sound like Goldman Sach's telling investors to hold off to see if any of the rumors are true? Wait, why is Apple's stock at one year low for purchasing right now? Volume was down dratically last week!

"However, Goldman Sachs [investment firm] cautioned investors until after Macworld Expo and maintained an "in-line" rating on the company: "While we remain extremely positive about Apple's fundamentals and continue to look for entry points, we think that investors would be better served to wait until after Macworld and Apple's earnings when the stock's 2005 outlook can be judged in a more settled light."


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Last Year's Elevator = This Year's Elevator

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"Pictures" of the "headless iMac" have surfaced:

This pic is in an elevator just like the one from last year of the "new iMac".

Last years hoax in an elevator:


This years hoax in an elevator:


And look at this great detailed professional photoshop analysis:

http://simonwoodside.com/weblog/2005/01/08

I will also note that the font used is Frutiger (what Jackwhispers uses) and not Apple Myriad like Apple has been using for the past 5 years.


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Wednesday, January 05, 2005

Think Secret's Secret is out in the open (updated)

Does Think Secret try to hurt Apple intentionally?

Jackwhispers brought you this story not long ago about Mac Rumor Sites: By The Time It Got To The Other End Of The Room

I added the lawsuit from Apple against Think Secret to the Jackwhispers "Your Rights, The Law, And Litigation" section.

I knew it was only a matter of time for Apple to come down hard on this site.

I only hope they go after them for other reasons - I think Think Secret is maliciously trying to hurt Apple. I also suspect that it is fueled by former disgruntled Apple Employees and Elite Computers and MacAdam (two Apple resellers that despise Apple and have pending litigation)

Here's some insightful (short but sweet) comments I found on Slashdot:

"Apple could have absolutely no plans to market a cheapo iCrap. And some webby out their saying otherwise could actually screw with their suppliers and technology development partners who might feel blindsided."

AND

About Osbourne Rumors and Product Announcements Ruining The Company"

"The final blow occurred in 1983, when Adam Osborne boasted about an upcoming product months before it could be released, killing demand for the company's existing products. It is unclear whether this boast was about the Osborne Executive, which was released in May 1983 for $2,495 and featured a 7-inch screen and did not sell as well as its predecessor, or, more likely, the Osborne Vixen, a smaller portable that promised to offer compatibility not only with earlier Osborne models but also with MS-DOS, allowing it to run software designed for IBM and Compaq computers. Dealers rapidly started cancelling orders for the Osborne 1."

AND

I can imagine something like this.
1. Jobs tells crew to make a $500 iMac.
2. Apple personnel set out to design and produce a cheap iMac with that goal in mind
3. Rumor leaks to press
4. Everyone gets excited
5. Financial people sit down to figure out how to sell it without going bankrupt based on current costs to make it
6. Find out they can't sell it cheaper than $750 and set a price there
7. Jobs announces it at macworld, the audience boos, the press rip them a new ass, all the while missing the fact that it's a damn good computer for the price
8. Stock goes down in flames


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This followup [as reported by MacMinute]

January 6 2005   "The publisher of Think Secret, who uses the pseudonym Nick dePlume, has made his first comment on Apple's lawsuit against his rumor site. dePlume told Reuters that Think Secret was confident it was within its rights to publish the material. "We're confident that Think Secret's reporting is consistent with the right and privileges granted by the First Amendment," dePlume said. "The complaint is being reviewed, and Think Secret defers further comment until it has been analyzed." Apple said in the suit that it is not trying to step on the First Amendment. "Apple does not seek to discourage communication protected by the free-speech guarantees of the United States and California constitutions," Apple said. "These constitutionally protected freedoms, however, do not extend to defendants' unlawful practice of misappropriating and disseminating trade secrets acquired through the deliberate violation of known duties of confidentiality."