Wednesday, January 31, 2007

Opinions About Digg ... from Roughly Drafted

I sent a message to Daniel Eran of Roughly Drafted concerning Digg and linked to my article below:


Thanks for your comments. I'm not really aware of what's going on at Digg recently, but I remember Ryu's campaigns have overtaken Digg for weeks at a time, resulting in huge profits for controversial attempts to market the work of developers. I
know Gruber was critical of the Heist campaign, because he felt it was a raw deal for developers. If Digg readers are growing tired of Ryu's profiteering on Digg, it certainly isn't hard to understand why.

My criticism of Digg is simply that its too stupid, and that its content is more trivial and sensationalist than anything really
useful or interesting. At least Slashdot has some editorial control. Digg just turns the reigns over to whoever has a lot of time on their hands to manipulate what others might see.

Daniel Eran Dilger
RoughlyDrafted Magazine

Pirates Of Silicon Valley II: Casting Call?

ValleyWag posts a funny look at a potential cast for a sequel to Pirates Of Silicon Valley:

Candidates for Pirates Of Silicon Valley II

I really do wish TNT would consider making a sequel. The first movie was very well done. I'd like to see more behind The Microsoft/Netscape battle ... see Jobs at Next and see more about his return to Apple.

* Maybe I should have worded this better ... a few readers note this is satirical ... I knew that!

Digg being used by the jealous competitors?

Is Digg A Malice Machine In The Mac Community?

Read this Tubular YouTube Client Screws Preorders Over.

Make sure you read all of the comments.

The malice against Philip Ryu, including strange coincidences about Daring Fireball's reporting, is disturbing.

Daring Fireball strangely promoted TubeSock ... when Tubular (promoted by Philip Ryu) does the same thing and has been out about the same time.

Does it seem like to you that maybe Ryu's competition (not necessarily TubeSock) might be behind the "digg down" campaign that's going on behind this?

Daring Fireball's John Gruber has also attacked Philip Ryu multiple times on his participation and organization of MacHeist even when it was obvious that Ryu was doing nothing wrong and that the developers and participants involved loved the MacHeist program.

It's also obvious that Ryu has tried to extend his hand to Gruber by allowing him to be a guest judge in the MyDreamApp competition.

I'm not saying Ryu doesn't deserve critique ... but his new projects are being bashed by political machines rather than based on merit ... all seemingly due to a "you were called out by John Gruber" crowd.

The Daring Fireball clique is apparently a "you are in or you are way out" kind of thing. It's a machine. This group of cool, young, and hip Mac loving bloggers are very polarizing ... and it's turned quite political over the past few months.

My personal opinion is that the trend towards "Only if it's Dugg or on Daring Fireball is it news" is ... concerning.

Digg commenters the same as those on Slashdot? - an interesting blog entry that reaffirms my opinion that there aren't that many who actually post information to comment forums ... it's a select few that comment every where each day. (By "select few" I mean tens of thousands, but not the millions that actually surf these sites each day.)

* edited to reflect comments made by the author of TubeSock

Tuesday, January 30, 2007

Was Fake Steve Really Jack Miller Of AtAT?

Found in the comments of the retired Fake Steve Blog:

Goodbye Jack Miller!

Does this mean AtAT will rise again?

A lot of the writing had similar himor (I mean humor)... hmmmmm.

The whois information for (which redirects to reads:

Dennis Kennedy
P.C. Hooftstraat 18
Amsterdam, Noord-Holland 1071 BX

Jack Miller's whois info for As The Apple Turns:

Miller, Jack
Arlington, MA 02476
Record created on 19-Nov-1999
Database last updated on 09-Oct-2006

* Note that this domain record was updated 3 days before Jack Miller was missing in action for 1 year (now 15 months)

This legal talk blog- commenting on fake blogs - may be the answer - found by typing in "Dennis Kennedy Fake Steve" into Google.

The AppleTurns II website (which was last updated in November of 2006) is also hosted on a blogger account at - I don't think there's a connection though.

AT&T: Soon To Sell Apples, For Now; Stealing Oranges?

* credit to Gizmodo for finding this

See the video here: AT&T Oranges

The Top 7 Comments Every Popular Comment Forum Contains

You've been pwned!

I can't say that my comments have reached the popularity for any of these type of humorous comments, but none the less these are the 7 most often used humorus comments and some examples of their derivatives.

Usually you'll see these comments on the techie websites like Slashdot, Gizmodo, Engadget, or the popular movie news and review site Ain't It Cool News.

I think the majority of these can be traced back to Slashdot for their origin. They now make their way on to just about any comment board on the net with more than 100 commments.

The most common comments:

1) "First Post"

I've only seen a few humorous twists to this. Some commenters who troll sites like Slashdot just so they can post something first - post "Frost Piss" - because Slashdot and some other sites now have automatic moderation for anyone who makes "A first post" type of comment.

2) "In Soviet Russia ... The Comments Own You"

This is usually a derivative and every now and then a comment like this will be hillarious. Here's a recent example from Slashdot:

Outdated Domains To Meet Their End

"The little used .um internet domain is no more. The domain was used, or rather unused, for US minor outlying islands and the University of Southern California's Information Sciences Institute had grown tired of maintaining it. This announcement comes as last month ICANN began taking comments on deletion of outdated suffixes. Among the top of the list? .su, the internet domain of the Soviet Union. The Soviet Union's .su may prove harder to remove however, as Google still lists 3 million .su sites."

One comment to this newsbyte was:

"In Soviet Russia . . . The Domain expires you . . ."

3) "I, for one welcome our new robot overlords"

If I'm not mistaken ... this may have its origins with a Late Night With Conan O' Brien sketch. Stephen Colbert often uses this pop culture comment as a reference on the Colbert Report. This comment usually comes with a story about a cool new robot or cool new technology.

4) "I hate that [Apple] fanboys get all the press"

I've never understood this type of comment. What is it's purpose and what kind of person makes this kind of comment? It's not funny and I've never seen a funny derivative. It's almost as if this type of comment is being planted into forums by Linux or Microsoft fanboys. This also applies to other types of "fanboys", but I most commonly see it with posts about Apple on sites like Slashdot & Digg.

The term "fanboy" originated from people who were obsessed with comic books.

5) In just about any forum regarding a trademark, copyright, or patent issue this comment or something like it is posted:

Someone should register a trademark like the phrase "Registered Trademark." Hilarity will ensue!

I can't say it was funny the first time I saw this comment, now it's just annoying because usually when a commenter posts it he thinks he's doing it for the first time and that anyone reading it must be laughing their heads off.

6) "You've been pwned"

* Changed from owned

It is generally accepted that the term "pwned" originated because of fast typing and text messaging with the "o" and "p" keys being next to each other and being a difficult "pinky key" to touch.

7) The last most common comment found on message boards is: " Go to WWW.[whatever-the-subject-of-this-article-is]SUCKS.COM for the real truth"

The most annoying thing about this kind of comment is that people (including the poster) don't realize that usually the www.[this-sucks].com websites are run by the competition - much as I found out with

Are there any other common comments in forums you've found ... I may have missed a few, but these are certainly the most common. Post yours in the comments here.

Other websites turning on comment moderation

As I have been perusing the various Mac websites since the beginning of this month ... I've noticed a number of sites have turned to moderating their comments.

MACALOPE being one of them.

It's become necessary as more and more people are commenting about Mac News. The Apple news trolls are starting to come out of the woodwork.

I personally like it because I can also correct any of my commenters grammar mistakes if I can catch them.

Digg commenters the same as those on Slashdot? - an interesting blog entry that reaffirms my opinion that there aren't that many who actually post information to comment forums ... it's a select few that comment everywhere each day.

Nominate Fix Your Thinking for: The Best Tech Writing Of 2006

Steven Levy Will Be Editor For Best Technology Writing (2006)

Best Technology Writing is an annual compendium of the top journalism in the field, published by the University of Michigan Press.

Best Technology Writing is also called “Digital Culture.”

The University of Michigan Press is collecting nominees for the best writing on tech subjects in the year just passed. This includes magazine, newspaper, or online articles and columns (including blog posts).

Steven Levy:

Don’t think of “tech” too narrowly– I won’t! Ideally, though, the choices will be grokable by a general audience, and no longer than 5000 words. So please rack your brains and scan your memory circuits to recall the best stuff you saw–or maybe even wrote yourself.

... be sure to fill out the nomination form. The nomination deadline is February 11. To get the best book possible I’d like to cast a net as wide as, well, the net. It would be great if you bloggers who read this would get your readers in on the hunt, and perhaps have some fun discussing some of the tech writing in 2006 that changed your thinking, told a great story, or simply was great journalism or commentary.

You can nominate this site or any site you wish at this link. Make sure you link to specific articles for your nominee and not just a website.

Here is Fix Your Thinking's Feature Story page. Make sure that the article you nominate from this site was written in 2006.

Here are some suggestions for nominations:

You Gotta Be Berserk To Use An eBay Listing Company (I am currently involved in litigation over this article, currently in appeal by the Plaintiff. It has received a lot of national blogger law attention because of the implications concerning blogger rights.)

The Worst Date Ever For An Apple Tech (I have been begged by all of my friends for years to publish this story. I finally did in March 2006. If you've had a more dramatic date, I'll give you $100 - through Paypal)

I Hate Children And Their Little Laptops Too! (A satirical title for an unbelievable new program that has "international scandal" written all over it. This is where I raised the question about the powering of these laptops (which is by hand crank) for all of the 3rd world's children; "If these are powered by hand cranking, then how many calories does that burn, and how much more in food aid will the G6 have to send to compensate? It has also come out that each of the $100 laptops costs roughly $970 each - an assertion I made from the beginning.)

Do You Love Movies But Hate Watching Them? (This article got the attention (after being prompted by yours truly) of Regal Cinemas who realized that movie attendance is down because of the experience at the movie theater, not Hollwood's lackluster offerings.)

The 5 Things Steve Jobs Has Misled Us About In The Last 30 Years (This story grabbed over 4 million hits for this website; giving me my 15 minutes of fame ... it remains my most commented on, most linked, and most hit page. The article was also published on several "How To Write a Great Blog" tip sites.

How To Get Out Of A Cellular Contact, So You Can Get An iPhone (This article was published on Wikihow and remains one of it's most hit "how to articles". I originally published it 7 weeks before the iPhone's actual announcement.)

May I also suggest:

The Curious Case Of The Supposed MacBook Wi-Fi Hack (This is from John Gruber's Daring Fireball website. It was by far the best series of blog posts I read on the web in 2006. Gruber's knowledge made this issue easy to understand as he sorted through the lies and the multiple people making the cover up of inarguably the biggest piece of FUD to hit the Mac Web in years.)

The Zune Digg Fraud Campaign" (This is from Daniel Eran's excellent Roughly Drafted Blog. This particular article really opened my eyes to Digg. At the beginning of the year, Digg was a great place to get your article noticed, now it's just a place for the big news outlets (and businesses) and the popular diggers (read as staff and staff friends) to get an agenda across by manipulating the number of diggs a story has.)

If you think there are other articles I should promote for this list ... please feel free to leave a comment.

The 5GB Rainbow Shuffle?

I noticed a couple of funny comments about this picture in the MacRumors forums:

Just how many ears does the person in that picture have?

He's wearing a shuffle for each genre of music

A pink one .... that's gonna be attached to a few Valentines

I could see the orange and blue Shuffles being given away at a lot of sporting events ... like the orange Shuffle at Clemson or Tennessee basketball and football games.

I still maintain that Apple seems to be picturing androgeny with the NEW iPod Shuffle.

* Apple released new colors in the iPod Shuffle line today

Apple Pays Out $700K For Blogger Defense

Apple ordered to pay $700,000 in legal fees for defense lawyers in Apple vs Bloggers case

"We are very pleased, as this will go a long way towards keeping EFF on the forefront of impact litigation defending the rights of online journalists and others," said EFF Staff Attorney Kurt Opsahl. "Bloggers break the news, just like journalists do. They must be able to promise confidentiality in order to maintain the free flow of information. Without legal protection, informants will refuse to talk to reporters, diminishing the power of the open press that is the cornerstone of a free society."

Apple declined to appeal the award ruling and paid in full. Apple lawyers also dismissed the underlying case, but did so "without prejudice"

This is mostly due to California's ANTI-SLAPP law

From Wikipedia:

The filing of an anti-SLAPP motion prevents the plaintiff from amending the complaint and stays all discovery. If the special motion is denied, the filing of an appeal immediately stays the trial court proceedings as to each challenged cause of action. Defendants prevailing on an anti-SLAPP motion (including any subsequent appeal) are entitled to a mandatory award of reasonable attorney’s fees.

Monday, January 29, 2007

Verizon Had It's Chance?

As reported by USA Today

Verizon rejected Apple iPhone deal

Verizon Wireless rejected Apple's offer to carry the iPhone exclusively due to Apple's terms.

Apparently, Apple demanded "a percentage of the monthly cellphone fees, say over how and where iPhones could be sold and control of the relationship with iPhone customers."

Part of the deal included limited distribution to Apple Retail Stores and Verizon stores only. Such a deal would leave discount retailers like Circuit City (who is Verizon Only in most locations) Wal-Mart, Best Buy, and other Verizon distributors out. The Cingular deal is exclusive to Apple Retail Stores and Cingular corporate stores leaving out independent Apple dealers and Independent Cell Phone and Service Centers - supposedly to insure contract sign up.

Apple also wanted "sole discretion over whether to replace or repair the phone" with regard to customer service.

Cingular representatives have refused to provide the details of their agreement, but according to USA Today, the exclusive Cingular deal is a 5 year contract.

Apple's entry in to the cell phone market was predicted to shake up the existing dynamics of the cell phone industry. Indeed, Apple appears to have made unique demands of cell phone carriers.

It appears that there might have been some credence to Kevin Rose's initial rumor that the iPhone would be available on multiple carriers. I can confirm as well, that some prototypes were being used on CDMA networks.

Kevin, who, to his credit, accurately predicted one of Apple's most secretive and hyped launches of 2005, the iPod nano, said the iPhone will feature the following:
January launch on "all" providers, both CDMA and GSM
Extremely small form factor
Two battery design (with single charger) -- one for playing music, the other for phone functions
Flash memory: 4GB for $249, 8GB for $449
"Slide-out keyboard"
Possibly touchscreen

~ quoted from Engadget

I think this also lends credence to the rumor/prospect that Apple was going to be an MVNO (Mobile Virtual Network Operator). I would imagine that negotiations were very difficult with all of the cell carriers. Thusly, Apple probably considered leasing time from one Operator and just handling the entire process of the iPhone on their own.

Sunday, January 28, 2007

So, I thought the rule in intelligent thinking is: Using curse words is not something an intelligent thinker does!

I'm sure some of you seem to think that I dislike John Gruber ... in reality it's just the opposite. I respect him immensely. I think he has single handedly made blogs in the Mac World more relevant to the understanding of Tech news in general. He brings a lot of insight and well thought out argument to us all.

Sometimes though it seems like he purposely points out four letter words or their derivatives and he certainly thinks that cursing adds some kind of "coolness" or "personal touch" to his blog.

Take the most recent example which Gruber points out as a news item for his readers:

Microsoft Emails Reveal Envy Over Mac OS X Tiger Features ★
The hits just keep coming from the internal Microsoft emails that are being released as evidence in the anti-trust suit in Iowa. This one is a thread of comments in the wake of Mac OS X Tiger’s unveiling at WWDC 2004. Lenn Pryor, former Director of Platform Evangelism, wrote:

Tonight I got on corpnet, hooked up to my Exchange server and then downloaded all of my mail into the local file store. I did system wide queries against docs, contacts, apps, photos, music, and … my Microsoft email on a Mac. It was fucking amazing. It is like I just got a free pass to Longhorn land today.

I find the subject interesting ... and we are all adults. (But teens read his site too!) I'm not saying that cursing is all wrong all the time ... I just think he points out cursing and uses curse words so much that it's like recess children making "fart jokes".

Did Apple Try To Patent A Phone In 1985? Why yes they did CISCO!

Courtesy of Gizmodo:


Saturday, January 27, 2007

Wikipedia Glitch?

As I was looking up "hafnium" on Wikipedia, I noticed some interesting words just randomly inserted in to the first paragraph:


I tried to edit the page to take it out, but "I like cheese" can't be found anywhere on the edit page.

I wonder if this is glitch or a hack.

Hafnum (element 72 in the periodic table) is the new substance being used in soon to be released Intel chips - taking the place of silicon to allow chips to run cooler and faster. Apparently Intel claims it's the biggest breakthrough in 40 years for chip technology.

Intel To Use Hafnium In New Chips

* The entry has since been corrected

Wednesday, January 24, 2007

Tuesday, January 23, 2007

Apple Sued For What They Usually Sue For

As reported by Electronics Weekly:

Southampton-based touch sensor chip firm Quantum Research Group is taking legal action against Apple over the capacitive sensing technology used in iPod Click Wheels.

“We are suing Apple over charge-transfer technology in iPods,” Quantum’s CEO Hal Philipp told EW. “Some are based on Cypress’ PSoC chip and used in a way we believe infringes our patent.”

The legal action against Apple was initiated in December 2005 but all concerned have been keeping quiet about it until now.

Apple recently revealed that it filed an answer “denying all material allegations and asserting numerous affirmative defences”. It also filed “counterclaims for non-infringement and invalidity”, in July.

“There are settlement discussions going on but I believe it will go to trial later this year,” said Quantum’s Philipp. “I am hoping iPhone does not contain Quantum-patented charge-transfer technology.”

This suit will be added to the "Your Rights, The Law, & Litigation" Reference Section in the right side bar.

Monday, January 22, 2007

3 Cool Tricks Your iPhone Will Be Able To Do

Here are three cool tricks that I've learned to do with cellphones over the years. These can be used with pretty much any digital network cellphone. (Sound clarity is very important for all of these tips to work flawlessly.)

I've NEVER, in my adult life, had a landline phone. I was within the first 10,000 customers to have a BellSouth Mobility cellphone (Now Cingular/AT&T).I've been with BellSouth Mobility/Cingular/AT&T for 16+ years. Because of this, I was able to learn these two tricks with cellphones.

The first trick (or hack if you want to call it that) involves getting into gated communities such as apartment complexes, condominiums, and gated neighborhoods. Typically gated neighborhoods have a system that allows for calling from a "call box". These call boxes have a directory. You find the name on the directory and press buttons on the "call box" that correspond to a resident's address and phone number.

If you live in the community you should place your "call box" number as your cellphone number. By doing so, you can get into your gated community even if you don't have your remote unlocker or you can let a friend in even if you aren't at your home or are outside of the range of your "home telephone". For instance, you could let visitors to your home in the gates before arriving yourself.

The way this works:

The "call box" calls you and you press the number "9" on your phone. The tone opens the gate for your visitor. This comes in handy when you've forgotten or lost your remote, the batteries are dead, or your RF signal pass card isn't working.

When I lived in a gated community a few years back I actually turned both of my "gate remotes" in and got a $20 deposit back. I just let myself in with my cellphone if I wasn't able to get in through the gates.

The second trick involves opening your car remotely. This only works if you have a remote keyless entry/lock installed in your car.

1) Give a keyless entry remote for your car to a trusted friend that is readily available.

2) Show them this video: Unlock your car with your cellphone

The next time you're in a bind because you've locked your keys in your car, can't find your keys, or just want to impress a friend with your iPhone, call your "trusted friend" to have them point and click the remote into their phone, hold your cellphone close to the locked car door ... and voila ... unlock your car.

And last, but not least; a security tip.

Does a certain dog bother you? Record the inaudible (to human ears) dog tone. You can record one yourself by getting a dog whistle. Just record "the whistle" for a good minute. Have it "ready to play" when you know you might be near an aggressive dog. When the dog starts barking or *gasp* comes off his leash ... play the "whistle". He will heel or turn away.

All of these tips are meant to be used out of necessity and not for illegal purposes. Please use this information for your own purposes. DO NOT under any circumstance tease an animal with "inaudible tones" ...

* Inaudible tones may not work on all dogs ... and may work with other animals.

* A regular reader pointed out that opening a car door via cellphone is largely an urban myth although I can confirm that it does work on some cars.

Friday, January 19, 2007

Wel-come to the social: Only 50 to 60% of you can party!

As reported by Engadget

Universal and Sony Prohibit Zune Sharing for Certain Artists

In a non-scientific sampling of popular artists by Zunerama and Zune Thoughts, it looks like it’s roughly 40-50 percent of artists that fall under this prohibited banner, and the worst news is that there’s no warning that a song might be unsharable until you actually try to send it and fail.

Wel-come to the social. Indeed!
Microsoft CEO Ballmer laughs at Apple iPhone

This is nothing short of weird. You can tell Ballmer actually believes what he's saying. There's a great Zune sales spin at the end (20% of the market) ... but listen at how it's worded. In the $249 price range the Zune had 20% ~ says Ballmer. I don't see any where that figure holds up.

* Note I actually posted this from YouTube at 7:30 EST AM - it took over 12 hours to post to the blog ... I imagine it's because of it's popularity.

Is Linksys/Cisco Trying To Advertise The iPhone But Capitalize On Apple's

I saw this on my own Google ADSENSE ads this morning:

These links link to the linksys website (try saying that 5 times fast) for what they are calling their "iPhone" - so they are using the word "iPhone" as a keyword to buy advertisements ... would they have to surrender any profits from any linked sales they get if it's found the trademark IS invalid?

I would be curious to see what adwords Linksys/Cisco purchased ... whether it is just for the word "iPhone" or whether it specifically targets the word "Apple" too.

Overheard ...

That sign doesn't say "Road Closed" me it says "Jeeps only!"

Follow Up: Was MACRUMORS.COM mistreated by IDG at MacWorld Expo?

I received this reply from Arnold Kim (owner of MACRUMORS.COM) this morning:

Hey Philip,

... I replied in the thread that I got an unqualified media pass which let me into everything BUT the Keynote.

I'm going to email about the media pass for next year's expo soon.


An unqualified media pass is the equivalent of $20 (a free exhibit hall pass) which you can actually get [FOR FREE] from several sources prior to the show. This is a shame and an injustice to ARN and the hard work he puts into delivering excellent news and news commentary on his blog. He was also one of the FEW who were interviewed on INTERNATIONAL TELEVISION ... not once but TWICE!

See also: mistreated by IDG at Macworld Expo?

Doing MacWorld Expo RV Style

In this post, which was a response to a great article by Paul Kafasis of Rogue Amoeba (a Mac software developer) about the costs of exhibiting at MacWorld Expo; I suggested using an RV to save money and make for a great sales gimmick and get free advertising.

I did a little research into the possibility. Here is a response from Confidence Bay (a business who actually did exhibit with an RV at MacWorld)

Hi Philip,
Normally booth space runs $50 per square foot, which is pretty expensive considering the large size of an RV. Because we were working for MacWorld producing content, we worked out a trade and were able to negotiate a better price.

Our RV is a customized vehicle with two edit suites built in along with a viewing area so clients can view the daily footage either inside the RV or broadcast onto a custom window for viewing outside the vehicle. So more than just exhibiting inside an RV, we were actually exhibiting the RV itself.

Laura Weis, P.E.
Confidence Bay Inc.
Austin, TX

From my previous post:

One thing that I can add, as a cost saver, and unique experience for you and your employees is to travel via a Winnebago ... eat, sleep, and store your stuff for your exhibit in it. I'm not sure if MacWorld would allow a Winnebago on the show floor, but if they do it would make a great booth and allow employees a resting place even during the expo. Plus, a benefit to buying a wrapped Van or Winnebago serves as advertising on your road trip and local advertsising and other exhibition opportunities. You may even be able to get other businesses to help sponsor you by adding their advertising to "your travel". It would be a big upfront cost, but would be a great long term investment in my opinion.

Wednesday, January 17, 2007

iProng's Response To iLounge's Cease & Desist Letter Analyzed & Refuted

iProng's Response To iLounge's Cease & Desist Letter

I had an idea that Bill Palmer Inc was the main focus of the threatened litigation from iLounge.

iLounge Macworld Booth Will Be Filled With Lawsuits

Read also: iProng: The iLong Lie Of A Name Change At iPodGarage

I have to say, how can one possibly believe Palmer when it's obvious he lied about the name change at iPodGarage (which is now iProng) - the truth was that Apple MADE HIM CHANGE all of his websites or face litigation ... PERIOD. However, Palmer presented the name change as a "new direction and growth" statement.

Another minor issue that I would like to bring back up is the iPodGarage logo - if Bill Palmer isn't an intellectual property thief as iLounge has accused - then why did he have the Apple Patented "iPod Scroll Wheel" in his old logo?


Palmer states:

As trade shows and vendors across the iPod economy have begun to show increasingly strong interest in having iProng cover their iPod-related events and products, it would appear that your client iLounge has decided to resort to scare tactics in a rather desperate attempt to prevent an up-and-coming publication from having a fair shake at competing with them.

Up and coming? I wonder if this is the same type of claim that he was the pioneer of the iPod Loading Industry.

While I've never stolen from your client, there have been multiple instances over the past three years in which iLounge copied ideas from my publication iProng (formerly iPod Garage) to varying degrees. To cite two quick examples: in 2004 Dennis Lloyd of iLounge copied my previously published idea for an online iPod User Group and published a derivative group of his own, copycatting the details right down to a nearly identical meeting agenda. More recently, iLounge's Christina Easton copycatted iProng's ongoing series of interviewing famous musicians (a fairly out-of-the-box idea for an iPod-themed website).

This borders on laughable ... just mentioning that his site used to be called iPodGarage is enough evidence alone that he willfully steals IP. Further, iPodLounge was on the scene WAY BEFORE Palmer and the concepts of musician interviews and iPodUser groups are a given progression, not a copy.

Since I'm not an attorney like Mr. Horwitz is, I'm not quite sure of the legal term for what he's done here in his article, but it reads quite a bit like defamation to me.

While I certainly understand not being able to afford an attorney, the success of iProng here is certainly telling.

Furthermore, in the reader comments posted to Mr. Horwitz's article (comments which he later removed but which I have screen captures of), at least one reader's comment confirms that Mr. Horwitz's attempt at bait-and-switch succeeded, with the commenter stating that he believed the claims were directed at me.

Ha ... those comments were from me and I was right.

As far as your claim that I have "made false and misleading statements as well as untrue disparaging comments about iLounge," I've done no such thing. And since you've failed to provide any evidence of this behavior, or to even cite a single supposed instance of this behavior, I can only assume that you tacked this nonsense onto the end of your letter in an attempt to make it sound even scarier (I believe this may again put your client in violation of your favorite California Civil Code 17200). I have in fact noticed that iLounge's reputation appears to have fallen quite a bit over the past year, but that's not my doing or my fault. If they're looking for someone to blame, I suggest that your client take a look in the mirror.

Well Bill you just made an untrue disparaging comment and posted it on the internet. "I have in fact noticed that iLounge's reputation appears to have fallen quite a bit over the past year"

Here is iLounge's Alexa ranking page ... showing a meteoric rise in readership and reach over 2006.

Here is iProng's Alexa Rank Page showing a stagnant readership and reach.

iLounge's website rank: 9676 iProng: 261,340 This website on a good month: 250,000 (March of 2006)This website (this month): 562, 697 *see note below

If your goal was to scare me, then you've succeeded, but not for the reason you were hoping. If there were to be an actual lawsuit, the only result would be sanctions — against you — for wasting the court's time. But what does scare me is that this latest nonsense, combined with some other disturbing behavior I've seen from iLounge over the past year, makes me fear that your client is headed on a path toward self-destruction. I love the motivation that comes from competition, so I don't want to see iLounge cease to exist, I just want to see them stop being idiots. However, if iLounge is in fact bent on self-destruction, then I'll kindly ask that they stop trying to drag me and iProng into their blast radius.

Just more comments ... and more disparaging. This time he tacked on the word "idiots".

Palmer also fails to back up his statements (something he accuses iLounge of doing) - what is their "... some other disturbing behavior I've seen from iLounge over the past year"?

My only compliment here is that it was a very well formed rant, but publicly posting it was a big mistake.

* Netcraft indicates that there are 33 million active websites and 66 million domian names registered

The Costs Of MacWorld Expo?

Here is a great article by Paul Kafasis CEO of Rogue Amoeba indicating how much it costs to exhibit at MacWorld Expo. Very detailed. Even if you aren't interested in exhibiting, it's worth the read to see what your favorite Apple Third Party companies pay for.

The article is posted as Part I with Part II promised soon.

I helped Earthlink in the late 90's at MacWorld New York. I know their costs approached $200k. This was of course when Earthlink was a 56k landline internet partner with Apple.

One thing that I can add as a cost saver and unique experience for you and your employees is to travel via a Winnebago ... eat, sleep, and store your stuff for your exhibit in it. I'm not sure if MacWorld would allow a Winnebago on the show floor, but if they do it would make a great booth and allow employees a resting place even during the expo. Plus, a benefit to buying a wrapped Van or Winnebago serves as advertising on your road trip and local advertsising and other exhibition opportunities. You may even be able to get other businesses to help sponsor you by adding their advertising to "your travel". It would be a big upfront cost, but would be a great long term investment in my opinion.

One other thing to mention (that I don't see mentioned in the article) is that typically a company doesn't exhibit at MacWorld for the money or even the recognition (as Kafasis indicates) - unless you have an incredibly newsworthy product or service release (like OtherWorld Computing had this year). I would imagine the average company goes for prestige. It's a good opportunity to be recognized amongst your peers and to attend conferences and seminars hosted by Apple (and your peers) and to be a part of the excitement that surrounds MacWorld Expo.

You could even rent an RV and get a custom cover made.

Tuesday, January 16, 2007

McIntosh Jr.

This is my most favorite Apple commercial parody (from Saturday Night Live in the mid 80's)

Has anyone else thought of this?

Cingular became "The New AT&T" on Monday.

The cellular company formerly called Cingular will almost certainly put the name AT&T" in the menu of the iPhone rather than as it currently stands as Cingular.

I just thought this was interesting ... won't AT&T kind of look like it stands for Apple Telephone and Telecom?

I tried to see if anyone else had posted something like this ... if your site or BLOG did ... then I'm certainly willing to share credit.

While on the topic of AT&T and Apple ... I wonder what will happen to this lawsuit: AT&T sues Apple for MPEG4 Patent

* AT&T stands for American Telegraph & Telephone

Where B the I's N 7?

Why was there no iWork '07 and iLife '07 announcement at MacWorld Expo?

I suspect the main reason is that the iPhone and (iTV) were made to be the stars of the show.

Steve Jobs stated at The Worldwide Developers Conference in August 2006 that Leopard would include all of Apple's built in apps (I think he meant the same apps that come with a computer, ie iLife).

The full installs of Panther came with iLife 05 ... Tiger omitted the iLife apps ... I imagine we will see the "return of iApps inclusion" with Leopard if not to make it more compelling for upgraders to purchase it and installers to have updated versions of the Apps that are compatible.

Just as 10.3 was A HUGE step from 10.2 - Leopard is A HUGE step from 10.4

My guess is that we may even see Apple do a Microsoft-esque naming scheme and call the iLife release iLife '08 and iWork '08, but release them in 2007.

Here is a link to the 2006 WWDC Keynote:

WWDC 2006 Keynote Featuring Leopard

Monday, January 15, 2007

Will Paypal Security Give Us eBay Security As Well?

* picture courtesy of Engadget

As reported by Engadget:

PayPal to offer security key fobs for additional account protection

... there's at least a couple phishing scams out there trying to jack your precious eBay or PayPal password and access your hard-earned dollars. PayPal is readying a VeriSign security key that will resemble the RSA SecureID. It will sport a monochrome LCD screen that rotates a six-digit password every 30 seconds. Clients who opt to use this device will be able to enter it along with their usual username / password credentials when logging in, which would prevent scammers from accessing their account without the key fob in hand. [PayPal] has been testing the device with employees for "several months," and plans to start trialing it with customers "within a month or so." Personal account owners in America, Germany, and Australia will eventually have the option of picking one up for a one-time fee of $5, while business accounts will receive the unit gratis, but if you're not savvy enough to pass on by those tempting scams, five bucks could be a small price to pay to keep your cash out of strangers' hands.

This is exactly what I have been hoping PayPal would release. Now if eBay would only do the same. (And offer Powersellers and "Powerbuyers" the same free key fob.) Hopefully ... because the two entities are related we'll see integration of this program with ebay & Paypal. It's long overdue ... I get nearly 10 very well crafted phishing emails a day.

Today we honor the late Dr. Martin Luther King Jr

This site was founded on this principle of the late Dr. King:

"Injustice any where is a threat to justice everywhere" ~ Dr. Martin Luther King Jr

If you notice, this message is contained within the top banner for this website. It has been a part of this site and its motto since its beginning.

Movie Prices Up/Box Office Down/Thumbs Up

I went to see the movie Night At The Museum over the weekend. It was a great movie which I plan to add to my Top 100. It reminded me a lot of what I call "The Last Great Days Of Awesome Movies" (which spanned from 1980-2000). It was a very good family movie without too much violence and with very believable and likeable bad guys. (Dick Van Dyke and Mickey Rooney who are both in their 80's). The movie, which is in it's 4th week of release was completely crowded. For the first time that I have been to a movie like this in a very long time, where there was a good cross section of age - there were no "gang disturbances", no cellphones, no crying baby, and no talkers. There was no usher walking in front of the screen with a bright orange baton.

I went with on a double date. It was just a really good time with lots of discussion about the movie afterward at Friday's where we shared some of the new "Fried Green Beans" (You GOTTA try these)

About the only thing that made my night less than perfect (for a brief few minutes) was that I noticed movie ticket / admission prices have gone up 6% to $9.00 in my area. (I went to the local Regal Cinemas, but confirmed other local theaters had risen in the past few weeks as well).

I thought with gas prices stabilizing and digital projection standardizing ... costs were actually lowering for theaters.

Now, I realize that this is lower than most Big Cities like New York where movie tickets are sometimes $20+ ... but $9.00 to see a movie is approaching gouging in my opinion. My first inclination is to complain from this point on if I have a bad experience in the movie theater again and get my money back. Before, I could just brush something off it weren't too bad of a problem ... but now I feel like if the movie is not 100% satisfactory ... I will complain. I also noticed that a small drink went from $3.75 to $4.75 and a small popcorn went from $4.25 to $5.25 (a 20% + increase).

It's a shame that factors like this will start to chase off potential box office dollars. I will certainly think twice before seeing movies like Star Wars Episode III 8 times in the movie theaters. (Blushing)

See also:

Zap the talker, the crying baby, or the rowdy teen!

Do you like movies, but hate watching them?

More New York Times Slackery

Randall Stross, in the Sunday New York Times:

Even if you are ready to pledge a lifetime commitment to the iPod as your only brand of portable music player or to the iPhone as your only cellphone once it is released, you may find that FairPlay copy protection will, sooner or later, cause you grief. You are always going to have to buy Apple stuff. Forever and ever. Because your iTunes will not play on anyone else’s hardware.

No. You can “pledge a lifetime commitment to the iPod” and not ever have to use/hear/download a single FairPlay-protected song or video. If you don’t like FairPlay’s digital rights restrictions .. then don’t buy songs from iTunes. Just rip your music from regular CDs or download your music in MP3 format from artist's websites and Music stores that offer content in MP3 format. MP3's play fine on my iPod.

iTunes Store music and video locks you in to the iTunes Store. iPods and Apple iPhones don't lock you in to anything.

See: Here's Some Credibility For You!

MACRUMORS .COM mistreated by IDG at MacWorld Expo?

Originally Posted by arn

"... Engadget gets media passes for the keynote, unlike MacRumors."


I asked this of Arnold Kim [site founder and lead editor]


Did you apply for a media pass and get turned down? I would take issue with that with IDG ... I didn't see any Engadget staff on TV TWICE discussing MacWorld Expo and I certainly consider this site news/news reporting. I'll bet Bill Palmer got media passes ... for iProng ... if so that's a severe injustice (vs you NOT getting one).

While I'm not a big fan of most Apple rumors site ... I really respect Arnold(arn) and the site. I certainly think they are news and should qualify as media. They regularly present balanced opinions and seem to be TRUE (and positive) Apple fanatics, unlike ThinkSecret who seems to exist solely to undermine Apple, Looprumors (who seems to be able to get lucky with regurgitation of rumors), and AppleInsider who doesn't really get anything right or wrong just rewords the best rumors and gives more details)

Macrumors had (BY FAR) the quickest updates ... while Engadget was slightly more detailed ... it was about 5 to 10 minutes behind during most of the keynote and I really really liked MacRumors auto update feature.

Macrumors honestly made one feel like you were at the keynote.

* IDG is the coordinater and marketer of MacWorld Expo

Saturday, January 13, 2007

This site is more popular than I thought?

Last week I turned moderation back on for comments made to this site due to a specific few comment trolls that seem to have been ruining a lot of the fun here over the past few months. When I clicked on a link within my email from BLOGGER called "Moderate ALL Comments" I found that apparently I had missed over 580 comments on dozens of stories. I have since started going through them slowly ... approving most. (I got quite a bit of criticism and praise on my most hit story on this site.)

I apologize for not realizing that I used to have comment moderation on and that I used to turn it on from time to time over the past 2 years I've been running this site from BLOGGER.

If you are a regular reader you may notice that some of your comments have magically appeared on older articles here.

Is Cisco About To Get Fined Over The Name iPhone?

This blog at ZDNET would indicate so.

It appears that by the claim Cisco made (which was late in it's submission and only missed a 6 month grace period of complete loss of registration by 12 days) they also FICTIONALIZED the usage of the mark to the USPTO.

Quoting Jay Behmke, a partner at Carle, Mackie, Power & Ross LLP who specializes in trademark law:

The Cisco iPhone trademark was registered 11/16/1999 (Reg. No. 2293011). In order to keep a trademark registration active, you have to file a Declaration of Use on or before the sixth anniversary of the registration date, in which you state, under penalty of perjury, that you have been using the trademark continuously during that period. The sixth anniversary would have been 11/16/2005.

Cisco did not file the Declaration of Use by 11/16/2005, which if they had been using the trademark would seemingly have been easy to do. However, the USPTO gives you an extra six months grace period, if you pay an extra fee. This grace period would have expired 5/16/2006. Cisco filed a Declaration of Use on 5/4/2006 which kept their registration active. Had they not filed, their registration would have been canceled.

With the Declaration, you are required to file a copy of a label or other packaging showing the trademark in use. Cisco filed a picture of the box for the Linksys iPhone.

* Photo Courtesy of ZDNET (click for larger view)

(Notice the word "iPhone" is NOT actually on a shipping product, it was instead a label affixed to the OUTSIDE of a box) It's also worthy to note that Cisco did not own Linksys at the time of the submission or at any point during 90% of it's useable lifespan) Linksys was purchased by Cisco in 2003. (Correction to the ZDNET article above) The registration was actually made by another company that Linksys acquired in 1997 (Infogear) and was renewed again in 1999 by Linksys)

Cisco revealed it’s been holding onto the registered name of “iPhone” since it took over Linksys (which had acquired a company called Infogear in 2000). Infogear had registered "iPhone" in 1997 a few months BEFORE the "iMac" was first publicly released by Jobs.

SO I SUBMIT: Linksys didn't even use the trademark within the 6 year timeframe before Linksys was acquired by Cisco.

* Grammar errors corrected and takeover names and dates adjusted for accuracy

Friday, January 12, 2007

Favorite iPhone Quote To Date!

Stephen Colbert of Comedy Central's Colbert Report said this of the iPhone while summing up about it's features:

"... any more features and it'll start hunting John Conner"

~ a reference to the movie Terminator

Full video of the segment (you'll have to wait through a commercial)

More iPhone Trademark Information


Pulled from GIZMODO.COM comments:

iPhone's Real Name is Apple iPhone, Apple in the Clear?

"... we may have a reason why Apple is getting away with calling its new cellphone the iPhone and doesn't fear the Cisco lawsuit: the cellphone's real name is the Apple iPhone. Our rationale? What's the name of the streaming media set top box that Apple announced? Apple TV, right? (There's an Apple logo preceding the "TV" part in the name, hence, Apple TV.) Same thing with the Apple iPhone. Any lawyers in the house that can say whether or not this little loophole is valid?"

"Apple might be in the clear regardless; simply because Cisco never protected their IP with 4 other iPhones out there and thus fails to keep their trademark under US law."

"...they sat on the iPhone name for over 6 years before using it. By trademark law, you need to use it within 3 years before it becomes public domain again."

"...the "iName" trademark has become so equated to Apple at this point that Cisco might not be able to show name confusion, or rather, anything they show would show that people are more likely to see the iPhone as being developed by Apple than Cisco, another way you can lose trademark."

"... Cisco was planning on stiffing Apple somehow in this supposed contract, and rather than get raked, it seems Apple's
[legal counsel] feel that they have a chance of getting a better deal by going to court over it, than they would signing the contract. If Apple loses, they change the name and maybe pay a small fine (Trademarks are not like patents, they dont hold nearly as much finacial weight) If Apple wins though they would keep the name and Cisco would look like a douch to their stockholders for not being able to protect a name."

I'm also getting tired of reading this message:

Apple goes after everyone who uses the "iPod" or "Mac" name ... how is this any different?

The word Phone is a VERY generic term ... the words "Mac" and "iPod" are actual, specific words for specific products. When I say the word "Mac" - you know I mean a computer from Apple. When I say the word "iPod" you know I mean Apple's famous MP3 player. When I say the word "Phone" - I mean that generically. When I say the word "iPhone" - most people make the conclusion ... "Oh, that must be an Apple Product, didn't they make the iMac?"

Another interesting note pulled from a DIGG comment:

I suspect that Apple launched it with the name iPhone knowing that by the time they released the product they would have to change the name to Apple Phone, or iPod Phone or something, but the month or two of hype and prelaunch legal battle would be enough to cement the name iPhone into peoples heads as being the "real name" even if they end up calling it something else.

And can anyone tell me how Cisco (and the Linksys brand that actually produces the iPhone VOIP phone) isn't profitting by recognition alone? The more the name is out there, I say the more people will actually buy the Linksys/Cisco phone that need THAT TYPE of phone.

Also: Cisco's patent filings for the "Internet telephone" reference the "iphone" name and attribute it to Cidco (a company now owned by Earthlink); the fact that the filing reads with the following language is even less encouraging. "Also known [to Cisco at the time of filing the patent] is a dedicated 'Web phone,' such as the iphone, manufactured by Cidco..." So ... does this fall under prior art?

Prototype Apple iPhone Up For Bids On eBay?

Bidding starts at $699.99

From the auction:


Latest Phase 1 prototype iPhone

Features 4GB MP3 storage and futuristic cellular phone technology - all in one super-nifty bundle.

Impress your friends with this state-of-the-art dandy.

Product Red special edition to boot!

Hours of button-pushing enjoyment


Made public just yesterday at MacWorld Expo - don't wait until June for public release

**Phone Service NOT Provided**

While I'm sure a few other Mac News websites will link to this ... I have contacted ebay to have the auction removed. [UPDATE: ITEM REMOVED]

Here is the link:

iPhone Phase 1 Prototype

While on eBay I noticed a ton of preorder iPhone auctions and lots of yahoo and gmail email addresses for sale. All 3 illegal listings according to eBay policy. Sometimes it amazes me how eBay doesn't even seem to care about this kind of listing.


Thursday, January 11, 2007

Cisco's Blog About iPhone Blocking Critical Comments? UPDATED

I posted this to Cisco's blog entry on the iPhone Trademark. It doesn't appear as if it's going to get published. It's hard to imagine that the Apple Fanboy engine hasn't left a bevy of critical comments:

These statements contradict one another:

What were the issues at the table that kept us from an agreement? Was it money? No. Was it a royalty on every Apple phone? No. Was it an exchange for Cisco products or services? No.

Fundamentally we wanted an open approach. We hoped our products could interoperate in the future. In our view, the network provides the basis to make this happen—it provides the foundation of innovation that allows converged devices to deliver the services that consumers want.

I would consider collaboration a service and function of consulting and sharing.

Cisco is in a tight spot on this issue and I think while they will be able to defend it well, Apple will prevail because of the simple fact Cisco did not register (which the Internet Telephone Company owns), (which Apple owns) ... nor does Cisco own ALL international copyrights and trademarks to the name. (Apple owns 12 other trademarks for "iPhone" in OTHER countries)

Furthermore, products have been out FOR YEARS (called the iPhone) that are direct VOIP phone competitors ... why hasn't Cisco prosecuted them?

I also believe Cisco just PURPOSELY released their VOIP phone (and called it "iPhone") because they knew (as I did) that Apple was releasing a phone and were going to call it the "iPhone". I completely understand Cisco's position, but I think they are trying to take advantage of Apple in this particular instance.

It's obvious by two "GREAT ARTICLE" posts that Cisco is filtering out any criticism.

[UPDATE]It appears as if the comments have been moderated and approved. See the comments from one Cisco Blogger in the comments that follow this article. It's hard to know whether these comments were going to be approved or not - I have had emails from 14 Mac users saying they have posted comments. 4 of them have said they were publishing their comments on another site or their own blogs so they could be seen in the absence of Cisco moderation in a timely manner. If I were to guess ... I would say they either saw this story (which obviously they did by the comment in the comments section) and they got a huge influx of email concerning the moderation.

Comments & About Section

Brief Bio Of The Author of Fix Your Thinking Philip Smith (As published in the The Best Of Technology Writing 2008):

I've enjoyed writing all of my life. I have people tell me that one day of my life as an Apple Tech is like 3 months of their lives. So, I have always enjoyed sharing my day to day experiences with others. In 1994, I started writing and moderating for FireFly - one of the first social networking sites on the internet; similar to today's MySpace and FaceBook sites. In 1999, I started journaling on Slashdot. In 2002, I carried my writings to my own website which eventually became my current blog on blogger. In 2005, my blog was listed in the Blog 100 by CNET.

~ Philip Smith

I moderate comments on this site. Know that I will try very hard to get your comment approved and posted as soon as possible.

Comment moderation serves as a great way to be able to contact me without me having to post my email address. Just comment on any article to contact me (Editor & owner of FixYourThinking), the post will not appear ... I will see it, and respond accordingly. You can post your email address within the comment if you want me to respond directly. Again, your email address will be perfectly protected and will NOT be published.

I will publish meaningful critical comments with linked/backed up disputes of any facts or opinions I voice here. Dissenting opinions, without direct attack on me, worded in a G to PG-13 manner will be instantly approved. Baseless attacks without any supporting evidence will be deleted and/or unpublished. If I can determine a pattern from a particular individual of misbehavior, you will be reported to Google's Blogger Admin.

A brief history of this site:

- Philip Smith (the founder of this site) ran a Slashdot BLOG/journal from 1998-2003

- contributed various content to The PowerPage and other Mac Centric websites under the pseudonym ADZOOX

- contributed various content to MacCentral (before becoming MACWORLD.COM)

- through a matter of circumstance, I ran across Jack Campbell at in December 2002

- within the MacCentral forums I discovered Jack Campbell making press releases for several ventures, most notably MACTABLE.COM & MACMICE.COM

- within 8 months a (truly) "anonymous source" starts JACKWHISPERS.COM and emails me anonymously making me editor

- JACKWHIPSERS.COM name is a parody of MACWHISPERS.COM (a rumor website once run by Jack Campbell)

- within 4 months; I move JACKWHISPERS.COM to my own domain

- within 2 months; I start publishing stories about eBay & Apple Computer related drama

- in mid 2004; I commission a major redesign to JACKWHISPERS.COM to make it a more mainstream site

- in mid 2005; I registered FIXYOURTHINKING.COM

- in mid 2005; I open a blogger account to make editing of this site easier & start to move all content from JACKWHISPERS.COM to FIXYOURTHINKING.COM (co-located at

- in January 2006; A company called Bidzirk sues me for an article placed on this site.

- by March of 2006; the transition from JACKWHISPERS.COM to FIXYOURTHINKING.COM is complete

- in November 2007; I became victorious in my legal battle with Bidzirk - winning a huge precedent concerning blogger rights - having fought the entire trial Pro Se

- in August of 2008; the JACKWHISPERS.COM domain expired - this website continues under the FIXYOURTHINKING.COM name

- in January 2009; I took a job with Apple Retail - which somewhat limits my blogging about Apple Computer.


FAQ (Frequently Asked Questions):

Q: How often do you update this site?

I try to update it every day. Older stories and reference sections (found on the right side of every page) are updated often.

Q: Who are you?

It's pretty easy to find out, just go to and type in

Q: Why did you stop writing about Jack Campbell?

It's not interesting any more and it's not news. All things Jack Campbell are thoroughly discussed here and it's time to move on. He's leading a much different life now, although still dramatic ... I believe he's changed a lot in the last few years.

Q: What companies and products did Jack Campbell create or has he been principally involved in?

It's hard to know how many exactly ... it runs into the hundreds and (not exaggerating) possibly into the thousands. Some known companies: ENVESTCO, MacTable, MacMice, JamPod, Jamplug, MicPlug, ProSticks, DeskMac, ChangYi, ZeroSticks, SightFlex, MicFlex, iTilt, iArm, Gscoot, DVForge, iBreeze, IceMate, A Blinds Company (as in curtains), A Yard Mowing Company (that booked on the internet), SafariPod, SoloAmp, ErgoMac, DVBase, iArm, iPerch, PrecisePad, Bass Piston, GarageKey, RealPix (a digital camera marketed at Real Estate Agents), A jewelry liquidation website, CinemaView, CollinsAmerica ... it goes into the upper double digits that I know of.

Some other websites:,,,,,

He has also associated and done business with distributors in China, Africa, Canada ... and the likes of Other World Computing and Mac-Pro.

See this designer site for some of his products: JEFFRUTAN.COM

Q: How do I contact you directly?

There are several ways and I'm sure you know them if you know how to research on the web, but the easiest way to contact me is by posting a message here on this BLOG

Q: Can I contribute to this site?

Sure ... just post a comment on any post here and I will evaluate your information. You can also help me by pointing out any grammar errors or date facts you may see that are incorrect.

Q: Can I use a picture from this site/ Can you please attribute me for the photo you have on your site?

Sure, just leave a comment any where (preferably on the article in question) ... it's not always easy to find the original owner / poster of a picture. If you see art or images that belong to you; I want to give you credit. Just let me know.

Q: Why can't I see my comment immediately?

After researching on the popular websites that allow anonymous comments, I have come to the conclusion that the average anonymous commenter doesn't contribute much and is an easy source for trolls to stalk and belittle people and businesses baselessly with idiotic "You suck" type comments. While I certainly encourage ALL COMMENTS (good or bad) I would rather make everyone's experience here a happy one. Very few critical comments further a discussion or merit and encourage responses. I could care less about my image through my critic's opinions, but I do care about the direction of the conversation here. You can still say anything you want, I will see it, but the world wide web may not see it.

Q: That's a very questionable advertisement, why would you allow a sponsor with such an ad?

I am still in the early stages of setting up my Google Adsense advertising. I'm told that it can take up to a year (or more) to filter out most of the junk advertisements. I neither approve or disapprove of ads, but know that I am trying very hard to filter out bad content. If you see a questionable advertisement, just comment on any article and I will investigate it for removal by adding to my blocked ad list.

Q: What lawsuit were you involved in and where can I find out more information?

You can Google for Bidzirk vs Smith and also do a site search in the sidebar to the right. Ars Technica did the best write-up about my case. This case established three key factors of blogging: 1) A Functional Analysis to analyze blog posts as defamation, as trademark infringement, and as invasion of privacy. 2) Defamation in blogs must be provable. For instance, I called the owner of Bidzirk a "Yes man". The Federal Judge said this was unprovable as true or false and has very little meaning in a positive or negative light. I also back this up by saying that MOST people on eBay are "Yes men" and often over promise and under deliver. 3) Invasion of Privacy can not be pursued if a picture is made publicly available on a publicly accessible website; especially if by the Plaintiff. The Plaintiff attorney tried to make the claim that I posted a picture of the Plaintiff and his wife, when in fact; I merely linked to the picture to back up the fact that their new marriage may have gotten in the way of the dedication level to my business with them. I also established a Pro Se litigant's right to travel with concerns to a webmaster defending a case Pro Se. (Feel free to email me about further details in regards to this case.)

I have relied mostly on friends over the last few years to help me with comment moderation, grammar mistakes, and other site matters that required attention.

Thank you for reading ...

I especially would like to thank the following regular contributors to this site:

Middle-Aged Man
Tom from SmallWave
I Am A Lover Of Children's Literature

* Thanks to everyone that has answered my request for corrections and proofreading.

NOTE: Your IP address can be masked with an anonymizer or you can email me from a Yahoo or Hotmail client from a public library [once given my email address if requested]. ANY post to this website is COMPLETELY confidential. All you have to do is post a message with your contact information. Furthermore, your cellphone has a feature where you can block caller ID. If you request such, I will not even attempt to find out your identity unless you want me to know.

Uh Oh iPhone

As reported by MacMinute:

Cisco sues Apple over iPhone trademark infringement

Cisco today saiid it has filed a lawsuit against Apple seeking to prevent the company from using the iPhone trademark, reports MarketWatch. "Cisco said it obtained the iPhone trademark in 2000 after acquiring Infogear. Cisco said Infogear's original filing for the trademark was on March 20, 1996. 'There is no doubt that Apple's new phone is very exciting, but they should not be using our trademark without our permission,' said Mark Chandler, Cisco's senior vice president and general counsel, in a statement."

I imagine this statement ...

"Given Apple's numerous requests for permission to use Cisco's iPhone trademark over the past several years and our extensive discussions with them recently, it is our belief that with their announcement today Apple intends to agree to the final documents and public statement that were distributed to them last night and addressed a few remaining items," Cisco said in a statement obtained by CNN. "We expect to receive a signed agreement today."

... meant Cisco was asking for an outrageous amount. I also believe Cisco just PURPOSELY released their VOIP phone (and called it "iPhone") because they knew (as I did) that Apple was releasing a phone and were going to call it the "iPhone". I completely understand Cisco's position, but I think they are trying to take advantage of Apple in this particular instance.

I hope it comes out soon how much Cisco wanted for the "iPhone" name. I believe Apple will try to make the case that Cisco couldn't possibly profit more than the amount they asked for in all totality of the sales for their device.

Here is a funny, but detailed and accurate comparison view of the two "iPhones":

Mac News Online: Cisco iPhone VS Apple iPhone

I think Apple should enlist the assistance of it's design partners (such as Sony) and sue Cisco over this design:

* picture of Sony T610 Cellphone

From The Wall Street Journal Blog:

Apple spokesman Steve Dowling called the Cisco lawsuit “silly,” adding there are several companies using the term iPhone for VOIP products, and Cisco’s trademark is “tenuous at best.” “We’re the first company to ever use the iPhone name for a cellphone,” he said. “If Cisco wants to challenge us on it, we’re very confident we’ll prevail.”

It's interesting that Cisco has not chosen to go after these VOIP phones named the "iPhone":

Not going after Teledex for these phones which have been out for some time and actually use the same type of technology as Cisco's phones is very telling of Cisco's intentions.

Here's another VOIP phone called "iPhone" (read the screen on the handset):

If Apple had come out with this prototype that I ACTUALLY SAW, Cisco might have a small case that Apple's phone is a communicating device that looks similar:

* Photo courtesy of slashphone

[UPDATE] from Cisco Blogs:

So, I was surprised and disappointed when Apple decided to go ahead and announce their new product with our trademarked name without reaching an agreement. It was essentially the equivalent of “we’re too busy.” Despite being very close to an agreement, we had no substantive communication from Apple after 8pm Monday, including after their launch, when we made clear we expected closure. What were the issues at the table that kept us from an agreement? Was it money? No. Was it a royalty on every Apple phone? No. Was it an exchange for Cisco products or services? No.

But then the blog entry goes right into the next paragraph and contradicts this statement:

Fundamentally we wanted an open approach. We hoped our products could interoperate in the future. In our view, the network provides the basis to make this happen—it provides the foundation of innovation that allows converged devices to deliver the services that consumers want. Our goal was to take that to the next level by facilitating collaboration with Apple.

Cisco is in a tight spot on this issue and i think while they will be able to defend it well, Apple will prevail because of the simple fact they did not register (which the Internet Telephone Company owns), (which Apple owns) ... nor does Cisco own ALL international copyrights and trademarks to the name. (Apple owns 12 other trademarks for iPhone in OTHER countries)

Wednesday, January 10, 2007

iLoad: From vaporware to somethingelse-ware

* From the iLoad website

As press released:

Wingspan announces iLoad for iPod

Wingspan today announced it has started shipping iLoad, a portable device that copies your CDs to an iPod without using a computer or requiring an internet connection. iLoad is fast, easy to use, and all music and track information is transferred to the iPod. The entire CD can be copied or individual tracks can be selected to copy. You can listen to the tracks while deciding which to copy. iLoad owners get a free 2-week trial of the iLoad BackUp Service. iLoad is priced at US$299.

A couple notes about the picture above (click for larger view).

1) What the heck is all that on the back of the unit?

2) This thing is massive vs the first prototype (seen below)

3) Why would they still have renderings of the product on their website if they were actually shipping? Why not actual photos?

4) Size wise, this thing is bigger than a Mac Mini ... so why wouldn't you just use a computer? Is a computer so complicated or expensive or time consuming? A computer would also be able to access album artwork, track titles etc without having to subscribe to some service (required by the iLoad for track titling)

5) iLoad/Wingspan are NOT Apple authorized/certified developers - at least there is no mention of such on their website.

6) If it ends up having to be THIS BIG, why not just cut down on cost and include a tray loading drive. Tray loading drives are almost half of slot load drives at quantity levels. Tray loading drives are also prone to less damage and can accept a greater variety of discs.

You may want to read the stories below to find out why Wingspan may not be a sanctioned Apple developer.

The iLoad No Longer Eye Pleasing?

An iLoad Of Drama

Story indicating initial support for this project:

Goodbye LoadPod, Hello iLoad!

Extra notes:

It is my understanding that one cannot access the iPod legally through the dock unless you are an Apple authorized developer/manufacturer/design partner. Although only USB is on the iLoad, it STILL UTILIZES the dock on the iPod for this transfer. The iLoad does NOT come with an iPod cable - an important distinction from ALL iPOD certified accessories. (Example: ALL DLO and Griffin products that do not contain a dock connector COME WITH an iPod Cable)

You must subscribe to a service that contains track information. It would be interesting to know WHERE WINGSPAN'S track info is coming from.

Wingspan has lots of music on their site used in promo videos ... I wonder if this music was licensed and if so why there is no standard (read as required) disclaimer that Warner Music is not affiliated with iLoad.