Wednesday, March 30, 2005




This is from a reader email I received today:

I was reading your site for the first time today, and noticed this picture:

[This UPC code from the picture in your article] looked a little odd, so I checked it out. The first six digits of a UPC code make up the manufacturer’s code, the next five digits are the product code or SKU, and the last digit is used to verify accurate code entry. The manufacturer’s code is assigned at a hefty cost by the UCC ( I apologize if this explanation is redundant for you.

I plugged the number into and they don’t have it on file, which isn’t surprising since its a user-contributed database like CDDB or FreeDB. But the manufacturer’s code is known:


The original jingle for Campbell's Soup was " MMMMMM .... MMMMMM ... GOOD!"

You know, I always thought a great use for the icemate was to cap unused soup in can ....

Here is a picture I took of a Campbell's Soup On The Go can that would confirm the email assertion:

Jack has responded in the comments to this post. See them by clicking on the word; "comments" below.

When reading his reply, note the spin on licensing barcodes - also note that it is inaccurate. Barcodes for retail distribution are ALL licensed. If his barcodes were for inventory management then he is right, they do not have to be licensed.


Monday, March 28, 2005

iPod Ad CopyCat

I'm a little late in posting this, but I haven't seen any other Mac site talk about it.

A common theme here at Jackwhispers is exposing copycats.

Here is a snap from an ad for Rooms To Go that is made to look like a music video. The ad doesn't show any furniture .. it only has voices in the background singing, "No No No No No No No"

It means, "No interest, No Down payment, No payments for 1 year" It really means Rooms To Go has, "No creativity, No dignity, and no furniture even worthy of showing in a TV ad"

I've been told that the iPod ad was inspired by camera experiments from the 70's ... I once saw this experiment on the internet, but can't seem to locate it.


Sunday, March 27, 2005

A Criminal Past Can't Overlook The Criminal Present


A poster in the Macrumors forums made a very keen observation:

Steve Jobs used to sell a device that let people steal long distance phone calls? Imagine if those companies had done to him what he's now doing to these people. And that was worse since Jobs was actually profiting from his illegal activity. What if someone were to do that to Apple today?

I don't exactly know how disseminating pre-builds of Tiger constitutes trade secret infringement when Apple themselves are giving builds away to anyone willing to pony up the money. This is more about money than about trade secrets.

Picture of jobs and wozniak w/ blue boxes frm

Jackwhispers reply:

Both Steve Jobs and Steve Wozniak participated in what was termed as "phreaking" or phone hacking. You used to be able to exploit dial tones and access long distance carriers switches for free. They made these devices and sold them near the Berkely College Campus.

There is a difference between what they did and what these people (Tiger leak and trade secret solicitation/publishing) - they weren't caught!!!

What they did was illegal ... but they were never caught. In the case of this Tiger Leak, this was a simple slap on the wrist, but a lesson learned for the boy who did it. In the case of Think Secret, they are blatantly and obtusively breaking the law and intentionally out to hurt Apple and their reputation. They have been caught, and recognized by the courts, for breaking several laws - solicitation for breach of contract (NDA) and the Uniform Trade Secret Act for publishing the information, I suppose before all of it is over we will see Collusion, Breach Of Trust, and Libel thrown in to the mix.

For more information on the blue box ... see this link


Friday, March 25, 2005

(Updated) Notes to Jackwhispers Readers Concerning Terry Schiavo


Since I stopped posting around the internet a few months back, in order to make more time for this BLOG, I haven't had much that I thought I would need to discuss outside the Mac Business community.

I feel as if it is my duty to discuss the Terri Schiavo situation and ask for your support and insight into the matter.

I am really tired of all the helpless, invalid pictures I have seen circulating of Terri Schiavo ... this is her (disabled and in the same state she remains today) just a few years ago.

The story has been updated for grammar errors and with a few more points. If interested go back and read again. I will continue to update the story as the weekend progresses ... let me know if you find any errors. See the comments section for someone who takes exception to Terri's right to life.

What I don't understand ... why there is any one who is FIGHTING for or giving fodder to the notion ... "Terry should die"!

I am not placing this story in to the FixYourThinking story archives ... so I am pasting the original story here:

I realize this is a major departure from normal content circulating the Mac News web. I'm not writing this story for attention to this site. I feel as if the Mac Community is betraying Terri Schiavo, in some aspects. With the Mac Community's ability to spread information and assistance quickly, why has no one prominent in our community, or even the technology sector, said something about this?

I will update this story with more eloquence, as I have the time, over the weekend. Please feel free to go to the comments section and give your thoughts about this situation ... maybe I can integrate them into the full, finished story.

Bullet points for us to consider:

• Terry Schiavo's parents could be Mac owners ... if we mobilized to help. I don't know what they use now. Our compassion could be an opportunity and certainly as much good publicity as the Tsunami Relief Effort. (Apple was recognized as being a ringleader in online charity fundraising)

• Instead of providing your opinion for what you think should happen ... what is your opinion on what you would do if this were your daughter or your wife?

• If she were a Catholic (which the parents are devout), asking to be put to death by her husband, if in this state, would go against her religion. The Catholic church could not absolve her. I do not believe this way, but Catholics are pretty clear about the consequences of suicide and assisted suicide.

• If we go by law ... she had no power of attorney in Micheal Schiavo as he was in breach of the contract of marraige (which is a legally binding attainment)

He has two children by another woman = adultery

- He is living in the other woman's house while still legally married to Terri = adultery

- He is common law married to a second woman = polygamy (illegal in Florida)

- He has revoked his rights to carry out any ORAL agreement he may have had with Terri.

• Why hasn't anyone thought of arresting Terri Schiavo? It is illegal to commit suicide, because it is attempted murder. If she told her husband to disconnect her without writing it into a living will ... then it is suicide, possibly even homocide on Mr. Schiavo's part. To make a such a form of death legal ... it MUST BE WRITTEN DOWN and signed by the Power of Attorney related to your estate. A friend of mine works at the local hospital. She says, that after failed suicide attempts complete counseling, therapy, and a hospital stay ... they must appear in front of a judge. Unlike, homicides you are not given a court hearing and arraignment on charges, but you are CONVICTED and it IS placed on your criminal record.

• Some people are saying she is brain dead and can't feel anything ... I find it hard to believe that ANY brain doesn't know it's hungry for sustainance. After all, she saw the feeding tube removed. I have seen recent video where she was brought balloons ... her eyes tracked the balloons and a vague smile went across her face. This says to me; she is aware.

• Some people are also making the argument that we are prolonging her misery by keeping her alive. Wait, if she can't feel anything from the feeding tube being removed, how is she then in misery from being alive.

• If her parents are willing to take care of her and Mr. Schiavo can valiantly say he tried to live out her wishes .. why does he persist? Bill O'Reilly has made this point on his website and other media outlets. I believe this is now just being done out of hate for Terry's parents.

• If scientists found something as alive as Terri Schiavo on Mars we would spend billions, if not trillions to bring it back to earth to study it and keep it alive. Look at all the billions that is flowing in to Mars research since scientists found out what they thought might be a single cell organism's remains.

• Concerning judges ... for those that are ON the side of Think Secret, and disagree with the judge's decision that The Powerpage and AppleInsider must reveal the sources of the "Asteroid" leak ... aren't you tired of judges around the country making law? Judges don't make laws ... they are to enforce them. They don't interpret the law; they are to enforce the law. The people vote ... state & federal CONGRESS make laws; not judges.

• Some people argue this falls under the Bill Of Attainder in Artcle I Section 9 of the Constitution.
Bill of Attainder

Definition: A legislative act that singles out an individual or group for punishment without a trial.

There is no punishment, there is no trial involved here.

A law could be made as a result of an individual so that the precedent is set and the problem/burden of the justice system; does not persist.

• Recently, a convicted murderer was taken off death row just hours before his execution. The reasoning was; that at the time of his sentencing, he wasn't capable of understanding that he would die. Terri Schiavo has committed no crime, yet we are letting Mr. Schiavo and activist judges sentence her to death? And not to mention, without putting her to sleep ... just starving her?

• Some in favor of keeping Terri alive say that, "... there is always the possibility she will recover if cared for properly and was under the right supervision." Does that statement remind you of a company we all know and love?

• If one positive thing has come out of this; it is to make sure you have a concise will and testament that includes a living will. It is very important.

Another point to ponder (a little bit of a stretch):

Even a plant will indicate it is in trauma if not fed correctly. Rose bushes will even bend in real time, towards water, if in need. I have watered roses that had not been watered, in a hot dry summer for days, and actually seen them bend completely away from the sun, in real time. They even shook like they were blowing in the wind ... even though the wind was calm. Roses are not considered intelligent beings, but they have immense impact on human emotions at Valentine's Day, they are a part of ecosystems that help us breathe, and they provide purpose. Terri hasn't doesnt provide any purpose?

Is Terri not at the very least; living as rose? Metaphor intended.

Are we so desensitized to the beauty and purpose of life that it takes 100's of thousands to die, such as in the recent tsunami, for us to care? One life isn't just as important as many?

Quoting the Declaration of Independence...

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.

You do not have the right to die ... you do not have the right to kill yourself or take your life. You do not have the right to kill someone or even assist them them to die, even if it is their own choosing.

The reasoning behind this is ... you were born in this country to provide purpose and continuity. You break that covenant by killing someone (or yourself). You also cost our justice system in man power, time, and resources. I'd also point out the unnecessary weight on human hearts; a death has.

Why have no women's rights groups come forward? Why has no corporation with a conscious come forward? Why has NO wealthy doctor, that might want to try an experimental therapy on her, come forward?

FixYourThinking readers, please call your state representatives and tell them you are upset and want Terri to live or at the very least be put to sleep humanely. She isn't even being given the respect of an animal shelter dog at this point.

Thursday, March 24, 2005

Apple Understands Leadership IS Discipline

The best way to raise a child is through prompt and proper discipline. The best way to lead is to punish harshly but fairly.

There are guidelines that all of us in the Mac Business Community must follow.

From MacMinute:

Apple settles lawsuit with student over Tiger leak

Apple has settled its lawsuit with one of three men it sued for distributing beta versions of Mac OS X 10.4 Tiger. "Apple said it had settled the case it brought against Doug Steigerwald, who was a student, in late December," reports Reuters. "As a member of the Apple Developer Connection, Steigerwald was given early test copies of the next version of the operating system, code-named Tiger. Apple has said Tiger will be available by this June. 'While Apple will always protect its innovations, it is not our desire to send students to jail,' said Apple spokesman Steve Dowling. 'We are pleased that Mr. Steigerwald has taken responsibility for his actions and that we can put this lawsuit behind us.'" Twenty-two year old Steigerwald said he would pay an undisclosed sum to Apple.

Apple Settles Lawsuit With Tiger Leak


Apple Pushes Forward With Trade Secret Leak Websites

(The link above is for linkage only - it is unnerving that they chose to call Think Secret and The Powerpage fan sites)

Doug Steigerwald & Nick Ciarelli (of Think Secret) are 22 and 19 respectively.

There's a lot of perspective to gain from these two decisions by Apple. If Apple thought the case against Think Secret wasn't strong and that Think Secret was run by an innocent little boy trying to make a buck, then they would settle out of court as they did with the OS 10.4 leak. From personal experience, I know, that Apple legal can be heavy handed, but are very tolerant AND forgiving.

Wednesday, March 23, 2005

AppleInsider & O'Grady's PowerPage charge YOU 10 cents more for MacMinis


As reported by MacMinute:

Mac sites file appeal in Apple trade secrets suit

Two Mac sites accused of publishing Apple trade secrets filed an appeal Tuesday in their case with the company. "The California courts have a long history of supporting and protecting the freedom of the press," said attorney Kurt Opsahl of the Electronic Frontier Foundation, which represents the journalists. "The Court of Appeal will now get the opportunity to correct a ruling that endangers all journalists." A California judge ruled March 11 that the owners of the sites may have to provide the identities of their confidential sources.

Jackwhispers note:

Every delay, appeal, and court proceeding adds cost to an Apple product. THIS IS the intent of all of this. As Jackwhispers has stated before .... this is a conspiracy with the resellers at TELLONAPPLE.ORG


Sunday, March 20, 2005

1 article with 2 bad examples


Apple ruling puts all of us in danger

This was an editorial written for the the San Jose Mercury News. It is one of the most ill informed and poorly researched articles on this topic that I have read yet.

First ... the article starts out with this scenario...

Consider the following scenario. A drug company's research determines that one of its drugs already on the market is dangerous. The company decides the research results are proprietary trade secrets and bottles them up.

Errrr ...... ummmm ... what is in the public health interest of knowing an Apple product?

Second ... the article makes this preposterous assertion ...

... the media have long been protected when releasing leaked trade secrets, such as internal tobacco company documents.

Again, where is the health risk in released information that COMPETITORS can use against Apple? There's no government investigation of Apple. There's no organization out there saying Apple computers are a health risk and backing it up with solid factual evidence. Apple computers don't cause birth defects and impair driving.

I do understand that the article is trying to make the jump to precedent here ... but in my opinion ... the only precedent is the Uniform Trade Secret Act and the pawn shop example I pointed out previously.

Let me go out on a limb here and say ... that these anonymous editorials that pop up around the internet about this topic are becoming VERY suspicious to me ... it's almost as if they are being written by Nick Ciarelli, Jason O' Grady, their sleezy EFF attorney ... or gasp ... the two kids parents!

None of them have any new examples and legal justification argument ... they are simply a scratched record .... that keeps ... skip [crackle] skip [crackle] skipping [crackle]


Friday, March 18, 2005

The Applause Sign Is Blinking

You know, Fix Your Thinking gets a bum rap as being a critical site. Eventhough fan email outnumbers complaints & critics 4 to 1.

I think creative people should be rewarded with recognition...

1) PodBrix .... this is an artist that has decided to do limited edition lego dioramas of famous Apple people, events, and products. It is one of the most creative ventures I have seen in years.

2) Centerstage - this is an open source collaborative project aimed at bringing an interface for home theatre televisions and to organize and control media (video or audio) on a Mac - this effort was inspired by the Mac Mini and it's value as a home theatre component.

Loud cheers for these two products and patronage for their creativity would be a wise move on any Mac Head's "things to do" list.


Thursday, March 17, 2005

Last week Super Shuffle ... This week IPod Mini


Orient Expert Technology - a Korean Manufacturer of electronic devices obviously doesn't care that Apple has an iPod Mini.

The most interesting thing is, it is said that the Creative CEO is losing his mind due to the competitive advantage (9 to1) that the iPod has. Maybe he should just call the entire Zen & Muvo Line; iPod Move Over


Does everybody have to copy Apple? UPDATED


Well, this time it looks like Google is joining the bandwagon of copying Apple.


UPDATE: Found this page for posterity:

Earlier yesterday, Google released a beta of a new mainpage that featured prettier icons that magnified when you moved over them with the mouse ... much like the dock in OSX.

Google even had a poem to accompany:

"Roses are red. Violets are blue. OS X rocks. Homage to you."

Obviously, Apple made a fuss about it. The page is no longer accessible and has been removed from the Googlelabs page where it appeared.

It was really neat to use and I actually liked it ... maybe Apple can "discuss terms"


Happy St. Patrick's Day


Recently ... one of my most interesting experiences was calling the Apple help line to alter an order I had placed with the Apple Store. I managed to speak with a great customer service person who made my experience quite enjoyable.

I like the fact that Apple's customer service center is based out of Cork Ireland. You can understand their voice and they speak English natively. You can tell they don't run by scripts and they understand customer needs. The Irish accent added liveliness to the conversation.

I can't stand talking to customer service reps from India that man other computer help desks.

So, a tip o' the hat to the Apple Customer Service Reps in Cork Ireland and Happy St. Patrick's Day to readers.


Wednesday, March 16, 2005

CompUSA told to start rebating USA

CompUSA lost litiagtion filed against it on behalf of the public at large by the FTC. The suit demanded that CompUSA honor it's rebates. (They are notoriusly bad for taking 3-5 months to never)

CompUSA loses rebate battle

CompUSA often offers hard drives, memory, and wireless deals that are Mac compatible.

The average CompUSA rebate takes about 16-18 weeks. The average is 6-8 weeks for other stores.

See FixYourThinking previous article about rebates titled: Should It Be Spelled Rebate or Rebait?

Jackwhispers reference section updated


Your Rights, The Law, & Litigation section was updated with 3 lawsuits:

Apple wins domain name squatting lawsuit over domain


Former Apple employee sues for wrongful termination


Hong Kong company sues Apple over iTunes store purchase verification

Make sure you dig deep into the Jackwhispers website - there are many helpful resources and collections like no other on the web.


Tuesday, March 15, 2005

Precedents Think Secret has to deal with


I hope readers don't feel I talk too much about the Think Secret case, but it is truly one of the most misunderstood and controversial things to ever hit the Mac Community.

Here is another example I was able to come up with:

Two years back I bought a Newton 2100 from a Pawn Shop. Two days later, I was called and told I had to surrender it or reveal the new owner if I didn't have it. Pawn Shops are responsible for their items and the purchaser agrees to surrender the item if SUBSTANTIAL evidence can be provided that it was stolen or someone else's property.

In my case, I bought it within hours of it coming out. Someone else had seen it and notified the original owner that one was in a pawn shop.

There are many precendent laws that Think Secret has to deal with.


Monday, March 14, 2005

Irony Dawns On Me


I just had the funniest thought ...

Think Secret is most notably defying the UTSA (Uniform Trade Secrets Act). This law - that is on the books in 42 states - defined trade secrets as business plans - and therefore - property.

In a BLOG around the internet, just now, I accidentally called Think Secret - Trade Secret. Ironic, no?



Here is a series of posts I responded to on

Originally Posted by iGary:

...this is nothing more than simple reporting, and is protected free speech. Apple has to prove damages in order to trump the free speech card.

Originally Posted by macnulty:

The judge is accurate in his interpretation of the law. Trade secrets are not public domain and are not protected free speech. There is a right to privacy.

Business plans, schematics, CAD drawings, financial/part detail contracts are NOT speech, they are physical property.

Speech is ONLY speech if it is used to deliver publicly viewable/audible information.

Many have made this point in other discussions about this topic:

Your credit card information is written down - potentially I could get a neighbor of yours to retrieve a credit card statement from your mailbox. So, if I received this information from your neighbor - am I able to publish this information freely on


Friday, March 11, 2005

Apple 2 / Nick 0


As reported by MacMinute:

A California judge ruled Friday that Apple has the right to subpoena the electronic records of a Mac site that published details on an unreleased product. "The judge said that Apple can go ahead and obtain records from Nfox, the e-mail service provider to Mac enthusiast site PowerPage," reports CNET "In the ruling, Santa Clara County Superior Court Judge James P. Kleinberg ruled that Apple's interests in protecting its trade secrets outweighed the public interest in the information. Apple has been seeking the right to subpoena the Mac sites to learn the identities of the worker or workers who leaked information about Asteroid, an unreleased music product. In the case, filed late last year, Apple is not suing the Mac sites themselves, but rather those who leaked the information."


The Return Of The Cherry OS / The Return of The Scam


FixYourThinking brought you the story Why The Cherry Or The Pear May Be Apple's Next Lemon back in the fall of 2004.

FixYourThinking had a 3 day advance scoop before many of the major Mac News, and even Tech News powerhouses like Slashdot had the story.

The essential plot of this story was that a company that was known for ripping off codecs previously in the java world - such as java based video - decided to pre announce and beta release an emulator for PCs to run the Mac OS. Problem is: a significant amount of code [read as almost all of it] was stolen from a free open source emulator called PearPC.

FixYourThinking took the analysis beyond the code copying and false claims that a G4 of 80% Pentium speed could be acheived [ie: Pentium is 2Ghz / G4 realized emulation would be 1.6Ghz]

FixYourThinkings also analyzed what a support nightmare this might be for Apple if these emulators ever DID acheive decent speed.

Well, after a 6 month hiatus, CherryOS is back - selling for $49.99 and has a trial download. The catch for the trial download is that you have to register. Would you trust someone who was caught by just about every website in the tech arena / mac web for lying and stealing - with your personal information? Your credit card number?


Your iSkin Color Does Make a Difference ...

I'm not so sure what to think of the the new SkinIt iSkins. Personally, I love them. But as a rights and intellectual property advocate, I'm not so sure if I support it.

There is a process of licensing, standardization, and distribution - be it peripherals, software, or even resale shops - that everyone must go through to develop for Apple.

My feeling is that SkinIt has none of these certifications, yet they MUST reproduce likenesses of Apple hardware (which are patented designs) and even reproduce a copyrighted/registered trademark symbol - via the Apple logo.

I love the SkinIt solution - it's very neat and doesn't require you to permanently change the iPod or MacMini like COLORWARE painted Macs do. And, it's a heckuva a lot cheaper than a colorware Mac. But, herein lay the difference - Colorware is a Authorized Apple Value Added Reseller and Developer - SkinIt is not.

Here is the message on the SkinIt site:

Note: Some of the logos included on this site are the trademarks or registered trademarks of their respective companies, and are provided as a convenience only for their lawful use. It is the expressed intent of that any unauthorized use of these items by the purchaser shall be the sole responsibility of the purchaser. The purchase of any item is not authorization for the use of any specific logo or trademark. By purchasing said logos, you are indicating that you have authority, if needed, to use the artwork.

Interesting, I hope Apple let's them be. But, just to note, if Apple wanted to they could shut em down or Colorware could complain if they saw business drop!


Thursday, March 10, 2005

They shoulda just called it the iRuffle

Boy, will this ruffle some feathers at Apple. How blatantly STUPID could you possibly be as a CEO to release this? I have to say though, I would MUCH rather have one of these than an iPod Shuffle ... and I hate myself for it.

The shuffle pro has an integrated FM Tuner.

Lux-Pro, the manufacturer, even has the audacity to call it Super Shuffle.

[UPDATE] Name changed to Super Tangent

Tuesday, March 08, 2005

The frightening possibility

Many are saying that the litigation against Think Secret is providing for a frightening possibility that online bloggers will not be considered journalists and therefore not given the protections of freedom of speech.

Listen, newspaper journalists can't libel or slander anyone. They can't break in to businesses and steal information or private documents. They also can NOT report the information if was obtained illegally.

One of the things the "court / criminal prosecution shows" like Law & Order has taught me is that information that is obtained with improper procedure is inadmissable. The lawyers do not have the freedom of speech to report to the jury - even if the facts are substantial and could win the case - they must obtain evidence by procedure and obtain it ETHICALLY. They also have to be VERY careful not to put any informants at risk.

Think Secret has put many Apple Employees/Contract Employees at risk of losing their jobs. Think Secret has ENTICED AND SOLICITED for them to divulge trade secrets - which is against the Uniform Trade Secret Act.

Whether I'm considered a journalist or not. I report.

I report with integrity though. I do not do it at the expense of others, rather I report consumer related scams as they relate to the Mac Community. I don't solicit for trade secrets. I research by phone, email correspondence, google, online searches, library. I'm sure Think Secret researches too. Nick is a much better writer than I am, but he also has a LOT more advertisers than I do.

If I had ANY feeling this would affect ME as a webmaster and my freedom of speech I would hold my tongue.

This litigation will (hopefully) reinforce the UTSA and send a message to corporate employees that NDA's are serious and the people you reveal these "business plans" to - will be forced to divulge your identity - so don't do it!


Is a writer a journalist?


Friday, March 04, 2005

Wanna find out who's a hypochondriac?


Want to find out who's a hypochondriac, just post a weird occurrance or isolated problem and watch how many people bandwagon and say they have experienced a similar "ailment"?

I believe this to be the case with this recent post @ Om Malik On Broadband:

"Friends of mine have pinged me with news that iMac G5 machines are having a meltdown. Apparently, the machines have been a hit with corporate users who are snapping up these puppies. However, most corporate employees tend to leave their computers powered up overnight. This is resulting in overheating and resulting in power supply brownouts and fan problems. Anyone else hear this news? I wonder, the popularity of everything Apple is resulting in technical problems all the time. I had the same problems with iPods in the past."

Another comment found in the replies:

[Apple was delayed in sending me replacement parts] "That suggests that it is not an isolated occurance.”

FixYourThinking Reply:

It suggests nothing of the sort.

The iMac G5 has been out for 6+ months, and only now someone burned its voltage supply accidentally? Sounds like someone forgot to dust.

Take into account some people are completely disassembling the iMac BEFORE this happens or are adding upgraded (and hotter) components. They could have bumped something/loosened something as well. Or, does anyone ever think about Power surges? It's a REAL problem!! Very few people plug their computers into surge protectors - it's the single worst mistake you make!! Most corporate computers are plugged right into the floor or wall outlets!

Most likely this is isolated due to dust/environment or maybe just within the 98.4% quality control.

Parts stock is NO indicator of wide scale problems - it may also be a sign that Apple is selling so many - it can’t even keep up with service parts. This is how the Mac Mini currently is and how the original release of ALL major revisions of the iMac have been (initial 1997 release, 1999 slot load release, 2002 LCD release, 2004 LCD release)


Apple 1 / Nick 0


Apple won a preliminary ruling to allow subpoena of information from three Mac sites which leaked information surrounding a recently rumored audio product ("Asteroid").

In February, lawyers representing (O'Grady's PowerPage, Think Secret, & AppleInsider) challenged these subpoenas under first amendment protection.

An insightful comment from a MacRumors reader:

"I'm not surprised they won. The first amendment is about ensuring the government can't suppress criticism of it - it's not about publishing commercial in confidence information on web sites.

Historically it's very important that citizens be free to criticize the government. Trying to stretch such an important idea to cover Macintosh rumors demeans it I think.

Why they were most likely granted this ruling:

Think Secret solicits for information by phone number SPECIFICALLY for those that have information under non disclosure. This doesn't necessarily make what they publish illegal ... but the course of action it takes to get this information - is easily equatable to accessory to crime.

Apple also should (and most likely WILL) win this case, based on the fact that the UTSA was clearly broken. The Uniform Trade Secret Act says that you can not report trade secrets if you know they are such.

Lastly, they should win on copyright alone ... most everything Think Secret reports is under strict copyright/patent protection and is not given permission to reuse. (The only case this is so - is if one were to use USPTO.GOV info)

And here's a coupla comments from Slashdot I found interesting:

"Think Secret tries to inform its readers, even at Apple's expense. That this is a problem for Apple is only evidence of Apple's adversarial relationship with their users/customers."

A reply to this:

"Then why is it that Apple is consistently ranked #1, ahead of all other vendors, in customer service and support, and has been for years? I wouldn't call that an "adversarial relationship" with customers. (1 [],2 [])"