16-09-2005 00:11									#1
	Why Apple is a better company than Microsoft Increase the size of your Attachments

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quote: Apple failed to do due diligence in trade secret case 9/14/2005 6:18:29 PM, by Ken "Caesar" Fisher Documents (PDF) unsealed in Californian state court suggest that Apple failed to comply with the state laws when they legally pressed AppleInsider and PowerPage to reveal their sources. In March of this year a judge ruled that the websites will have to cough up the names of their confidential sources in response to lawsuits filed by Apple over product leaks. The sites had reported insider information in December 2004 on a supposedly upcoming product from Apple called "Asteroid," which some people believe is a FireWire audio interface for GarageBand. Apple's lawyers immediately went after the sites, subpoenaing them to reveal their sources. The defendants responded that they were journalists, and were protected by California's shield law. Apple argued, in part, that the defendants violated the Uniform Trade Secrets Act (USTA), through the "acquisition of a trade secret of another person who knows or has reason to know that the the trade secret was acquired by improper means." However, Apple looks to have jumped the gun, and gone straight for the jugular without checking in on their own employees. According to Californian law, Apple could only subpoena the journalists in question after having conducted a thorough in-house investigation. The EFF, which is defending the journalists in question, says that Apple dropped the ball. "The First Amendment requires that compelled disclosure from journalists be a last resort," said EFF Staff Attorney Kurt Opsahl. "Apple must first investigate its own house before seeking to disturb the freedom of the press." It appears that Apple has adopted a shoot-first, ask questions later approach to dealing with rumors sites. The company took no depositions, required no oaths from its employees, and failed to subpoena anyone related to the company or the development of the device in question. Now the public can examine this new information, which clearly shows that the only computer forensics conducted by Apple were a search of Apple's email servers and a rudimentary examination of a single file server. Apple did not examine employees' individual work computers or other devices capable of storing or transmitting electronic information, examine any telephone records, look at copy machines, or otherwise investigate the possibility that information about "Asteroid" was transmitted by means other than email. Moreover, as public documents already showed, Apple did not even obtain sworn statements from employees who had access to the leaked "Asteroid" specs. This is particularly alarming because Apple had attempted to argue that their internal investigatory procedures were trade secrets themselves. It looks like the secret was that they didn't do anything. What's next? It's not clear, but I would expect that the arguments may now turn to the question of whether or not the defendants qualify as journalists, something that has largely been sidestepped so far.

Remember, kids, Microsoft's EVIL.

	16-09-2005 00:19									#2
	Full PM-box? Change here!

Asher in 3...2...1....

	18-09-2005 05:13									#3
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...liftoff

	18-09-2005 05:14									#4
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...aaaaand crash down

	18-09-2005 08:56									#5
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http://www.appleinsider.com/article.php?id=1272

quote: Apple's motion to dismiss denied in antitrust case By AppleInsider Staff Published: 03:20 PM EST A federal court last week denied Apple's motion to dismiss an antitrust suit brought by a disgruntled iTunes Music Store customer, AppleInsider has discovered. Advertisement In January, Thomas Slattery filed a class action suit against Apple in the U.S. District Court for the Northern District of California, alleging that the company is violating federal antitrust laws and California's unfair competition law by requiring that customers use an iPod in order to listen to music purchased from its industry-leading iTunes Music Store. In the 9-page ruling dated Sept. 9th, United States District Judge James Ware did side with Apple in dismissing a few individual claims. Specifically, Ware threw out a claim arguing that Apple has been unjustly enriched from sales of iTunes and iPods. The Judge also dismissed two claims of attempted monopolization against the iPod maker, but granted Slattery and his attorneys a month to amend the two arguments. However, the judge denied Apple's overall motion for a dismissal in the case and is allowing Slattery to proceed with seven of his ten original claims. These include allegations that Apple possesses monopoly power and has coerced customers into purchasing both iPods and iTunes files. Slattery also argues that Apple has violated state law under the Cartwright Act and California's unfair competition law. Antitrust lawyers have said the key to such a lawsuit would be convincing a court that a single product brand like iTunes is a market in itself, separate from the rest of the online music market. The court is requiring Slattery to file an amended complain on or before Oct. 11th. Apple will then have 15 days to respond.

	18-09-2005 09:03									#6
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I don't understand..there are many different online music stores: MSN Music, Sony, even Wal-Mart has one. How is it that an iTunes song that will only work with an iPod is any different from software that only works on a certain OS?

	18-09-2005 09:08									#7
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quote: Originally posted by Verto I don't understand..there are many different online music stores: MSN Music, Sony, even Wal-Mart has one. How is it that an iTunes song that will only work with an iPod is any different from software that only works on a certain OS?

Because Apple has intentionally gone out of its way to actively lock out any competition by making other devices incompatible, even if they manager to get their devices to work with the store (ie, Real).

	18-09-2005 09:11									#8
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quote: Originally posted by Asher Because Apple has intentionally gone out of its way to actively lock out any competition by making other devices incompatible, even if they manager to get their devices to work with the store (ie, Real).

So?

	18-09-2005 09:11									#9
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Don't you agree that is blatantly anticompetitive, especially for a company bragging about their enormous marketshare?

	18-09-2005 09:12									#10
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So the Sun rises in the east and sets in the west.

	18-09-2005 09:20									#11
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quote: Originally posted by Asher Don't you agree that is blatantly anticompetitive, especially for a company bragging about their enormous marketshare?

iTunes and the iPod were built for each other. People have no reason to ***** because they willingly chose to download a song from the iTunes Music Store, knowing that it wouldn't work on their MP3 Player, when he could have chosen from a multitude of other stores. This is just some little **** looking for some easy $$$.

	18-09-2005 09:23									#12
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quote: Originally posted by Verto iTunes and the iPod were built for each other. People have no reason to ***** because they willingly chose to download a song from the iTunes Music Store, knowing that it wouldn't work on their MP3 Player, when he could have chosen from a multitude of other stores. This is just some little **** looking for some easy $$$.

Apple has actively worked to obtain exclusives to the iTMS (ie, Madonna). They then actively worked to lock out other players from accessing content downloaded from the store. They then keep throwing ads in peoples faces in iTunes to go get the iPod, because its the only player that will work.

That is textbook anticompetitive behavior, which is illegal. Apple has been up to this same **** for decades, but until now its never had the marketshare with any product to get busted for it.

	18-09-2005 09:26									#13
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quote: Originally posted by Asher Apple has actively worked to obtain exclusives to the iTMS (ie, Madonna). They then actively worked to lock out other players from accessing content downloaded from the store. They then keep throwing ads in peoples faces in iTunes to go get the iPod, because its the only player that will work. That is textbook anticompetitive behavior, which is illegal. Apple has been up to this same **** for decades, but until now its never had the marketshare with any product to get busted for it.

ZOMFG! Not exclusives! And they dare to advertise for their products!

	18-09-2005 09:32									#14
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The problem isn't with exclusives, it's the compounded factor that they also actively lock other devices out at the same time.

	18-09-2005 09:57									#15
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Sort of like releasing "updates" to their OS that f*ck other people's programs, but have no effect on the MS equivalents. Oops, that's different.

But Apple uses cooler OS names. I'd rather have a Panther than a Longhorn. As you know, IMHO a pox on both their houses, heeeere comes Gentoo - which is a cool name too, sounds like a character at the MosEisley Bar.

	18-09-2005 09:59									#16
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quote: Originally posted by shawnmmcc Sort of like releasing "updates" to their OS that f*ck other people's programs, but have no effect on the MS equivalents. Oops, that's different.

Nope, that is also blatantly anticompetitive, if it was intentional.

	18-09-2005 10:02									#17
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quote: Originally posted by shawnmmcc Sort of like releasing "updates" to their OS that f*ck other people's programs, but have no effect on the MS equivalents. Oops, that's different.

What are you refering to?

	18-09-2005 10:47									#18
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From an investors's perspective, Apple's moves are reassuring. So many companies just don't take action against information leaks, you'd think the big cheeses had their palm greased.

	18-09-2005 11:29									#19
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I can get you lists of programs that had problems when MS released upgrades to their programs going back to Windows and MS Office versus Perfect Office (where there were problems) and things like undocumented program calls that were used by MS programmers that were not available to outside programmers. Of course the problem is that "proving" these claims becomes problematic, especially given MS various legal strategies. The company's use, and abuse, of the legal sytem have been nothing short of brilliant.

	18-09-2005 12:25									#20
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Asher doesn't like Apple because his predictions over the last three years have proved that he was completely wrong (again). Apple has *****slapped all the other music download sites and mp3 player makers because it knows that most people want a simple solution. iTunes is the simplest solution for most people.

People are prepared to pay for that, and couldn't care less about the lock-in. When you are dealing in 99c impulse buys, worrying about whether you might save 10c here or there is just moronic.

It's business.

	18-09-2005 12:45									#21
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If it's really all about the fact that iTunes/iPod were the best, I don't think Apple would be so concerned about making sure people can't use their competitors products.

If the quality of the product could stand for itself there would be no point in what they're doing.

	18-09-2005 12:54									#22
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Uh - does that apply to Microsoft also.

edited to correct smiley

Last edited by shawnmmcc on 18-09-2005 at 16:25

	18-09-2005 12:59									#23
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Yes, it should.

	18-09-2005 14:29									#24
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If you want to get around DRM copy protection, burn the song to a CD, and rip the CD into the desired format .

	18-09-2005 16:21									#25
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You also get degraded quality that way.

I always had ambiguous feelings towards liked Apple as company and today I can't really say I like them, but I like some of their products.

But I hate the policies they have. I don't care about the iTunes thing, because that's ridiculously expensive anyway and also comes with DRM. But the $129 for each crappy update is a real problem. Even more because software requires newer and newer OS X versions. A friend of mine downloaded 10.3 for her gf who bought the laptop about one year ago, because she couldn't install a program she liked (10.2 is sooo old). It's the same with the iPod, once a newer generation is there, the older ones are not receiving software updates anymore.

I cannot understand why someone would still defend this consumer unfriendliness. Apple needs to receive harsh critics, the fact that their products look solid, is NOT an excuse for ****ing with their customers.

	18-09-2005 16:27									#26
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That's also why I have not purchased an Apple since we purchased and Apple II+ as a business decision. Atahualpa is right on target.

	18-09-2005 17:05									#27
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I was thinking about buying an iPod but I guess it is no longer the case

	18-09-2005 22:15									#28
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quote: Even more because software requires newer and newer OS X versions.

Hole in your argument big enough to drive a truck through.

Get on the case of the developers about this. If they won't make their software compatible with the latest version of Apple's OS then that must be Apple's fault. Microsoft is also responsible for those evil people who won't make things that are compatible with Win 95...

None of that can be blamed on Apple. So your whole argument is just silly.

I've had every version of OS X from the beginning. Each one was certainly worth the upgrade price.

	18-09-2005 22:34									#29
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quote: I've had every version of OS X from the beginning. Each one was certainly worth the upgrade price.

It's sad to see people suckered like this.

	18-09-2005 22:35									#30
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quote: It's the same with the iPod, once a newer generation is there, the older ones are not receiving software updates anymore.

That's not true. IIRC Apple updated the old iPods at the request of customers so that they can use the podcasts feature and the other new stuff.