Tuesday, May 31, 2005

The Worst Day For A Best Buy Employee

...

As reported by Engadget:

We’ve all been completely pissed off with Best Buy for one reason or another, but no matter how infuriatingly incompetent their people can be, it’s probably not a good idea to follow Marlene Anne Bagnall’s strategy for getting what you want out of them. She found out the hard way that while pulling a gun on the Best Buy television repairman and telling him that, “You’re not leaving until the TV is fixed,” actually isn’t a good way to get your TV fixed, it is an excellent way to get yourself charged with aggravated assault and false imprisonment. The repairman, who had already tried and failed to fix her TV several times, calmed her down by calling Best Buy and getting them to agree to give her a new TV, then left and called the cops.


Several attempts to get it fixed???

Best Buy is one of the worst when it comes to enforcing the law or abiding by it ... most states have a lemon law which says:

" [ If a customer has the same problem with a product under warranty ... more than 3 times or different problems with the same item more than 5 times under warranty - the seller must reclaim the unit and provide a complete refund. The store must investigate, with the manufacturer, if a recall or consumer alert is necessary. ] "

I actually learned all that from my own experience with Best Buy. My father purchased an Apple Performa 6116 package + printer from Best Buy in 1994 for almost $3000. ( Replacing an original 1984 Macintosh ) - in 1998 problems started to arise. My dad had purchased the 3 year extended warranty (for a coverage of 4 years from date of purchase).

He took the unit in for an issue with the serial port being nonfunctional.

Note: Before reading; note that Best Buy had stopped carrying Macs two years prior to this incident in 1996.

The details are below ( condensed ):

1) Took the unit in 45days before extended warranty expired on December 1998
2) Claimed repaired or no problem 4 days later
3) Problem persisted - taken in 2nd time
4) Claimed repaired in 7 days by replacing motherboard
5) I examined the issue this time - it looked to me as if they hadn't done anything, so I taped a piece of tape to the underside of the motherboard at the serial port that said, check here or call this number if you replace this part.
6) Taken in for repair 3rd time
7) Claimed repaired in 15 days by replacing motherboard for cost to Best Buy ($900) Cost to my father (under warranty) = $0
8) Same problem, so I took apart motherboard ... tape was still there and not checked - no motherboard had been replaced
9) My Father took the unit in and spoke with the manager; demanding satisfaction.
10) Manager asked for one more chance but for my father to bring everything in to make sure it was tested
11) My Father agreed
12) 18 days later, he was told to come pick up the unit (with no mention of what what we were about to hear)

[something similer to this said by the manager]

Mr. Smith, your unit is fully repaired ... that will be $1100!

Why $1100? The unit was now out of warranty. The claim was; the unit was out of warranty, so, the repair was now at a charge. Obviously, this was outrageous. Take in to account, that my father also is a fervent tax preparer and accountant who was not able to balance his books for almost 2 months. My dad left the store, filed suit (claiming lemon law rules applied), and Best Buy responded within just a few days. My father got a gift certificate for the full original purchase price. Best Buy had just picked up carrying just the iMac on a limted basis. With his gift certificate; he bought two iMacs, two printers, two scanners, and a 27" TV. ( He was also refunded the $399 he spent on the warranty + the $150 in taxes he paid )

Monday, May 30, 2005

No Support From "Mac Support Store" (Updated 2X)



Have any readers received junk email from MacSupportStore?

I can't make up a good filter to filter their email directly to junk because of the keywords involved.

Each email is illegally solicited without an unsubscribe link at the bottom.

Today's email involved buying AppleCare without a box at a discount. I am not aware of such a reseller program.

Here is the page from the Mac Support Store website:

http://www.macsupportstore.com/showpages.asp?pid=1025

Usually a place that has to include a disclaimer like this on a page is scam:

"Apple products may only be purchased at an Authorized Apple Reseller Location. The Mac Support Store enables up to date anti-fraud safeguards, and will prosceute all fraudulent orders to the fullest extent of both national and international law. Additionally, we report any fraudulent activity to the FBI Internet Fraud Complaint Center at www.ifccfbi.gov."

Notices like these are usually given so as to give an appearance of integrity and a false security that the site is on the up and up. After all, why would a site be interested in fraud complaints that is a fraud themselves?

Also Apple products can be sold anywhere by anyone ... warranties are still valid if within warranty no matter who buys, sells, or posseses the unit.

And just a question, what the heck does this mean?

"The Mac Support Store enables up to date anti-fraud safeguards..."

Then there are MANY product descriptions that have grammar problems like this:



A couple other notes about Mac Support Store:

1) When I called, I was placed on hold, and never responded to - not once - but twice

2) As you can see in the first graphic - Mac Support store claims to be Apple Authorized - yet, I couldn't find them here

3) You can also see in the first graphic that pages do not render properly in Safari (they do render fine in Internet Explorer & Firefox) - but what Mac Store doesn't cater asthetically to Mac users?

4) The entire website is obviously created with an editor, yet the editor information has been removed (I looked at the source of some pages) - I would imagine the web site designer would be very displeased and the editting program always leaves a credit to the software used to create it.

Update:

In most comments sections to a Jeff Graber article, one sees this kind of conversation:


Mac Ghost

wow man you are on a roll. Once again pilfered info. Seems like you don’t mind taking credit for someone elses hard work.

http://www.applelinks.com/articles/2002/06/200206261301 47.shtml

Jul 26, 2004

jon

I think Mac Ghost has a good point here and by all appearances there seems to be a pattern developing. Please quote and/or recognize your sources. Even better, please write some orginal material.


If there's one thing I can't stand, it's copy cats! Only if a story is reported on every available news source do I think it's even remotely fair to use some wording - it's almost impossible to avoid. That's why I choose to editorialize most content here on Jackwhispers.

Update: It appears Jackwhispers has been somewhat successful with the expose of this site. NOT UNTIL this BLOG entry and story was posted did the site correct the typos pointed out and fix the Safari rendering issues. Note that MacSupportStore had been as it was for 3 months.

Now, that said, the following issues remain:

1) After speaking with Apple - it is NOT sanctioned to unbundle the TechTool CD OR to not send the buyer of AppleCare actual paperwork from the seller!

2) Any AppleCare purchased from an unauthorized reseller is invalid IF the reseller did not not send in the enrollment fees.

3) Mac Support Store sends unsolicited (and therefore illegal) emails without a way to unsubscribe to the service. This is against the Can SPAM Act.

4) Mac Support Store advertises free iChat support 24/7 with anyone - they have not been on iChat in the 3 months I have been monitoring them.

5) The site is run by Jeff Graber - google searches (as indicated above) paint a very shady past with this guy.

6) Macsimum News made a "press release" for the AppleCare Direct service as if it were revolutionary - Jeff Graber, owner of The Mac Support Store - is a writer for Macsimum News.

7) Not sure if the name The Mac Support Store is allowed under Apple rules:

The Mac Trademark

1. You may not use the Mac trademark standing alone except to denote or refer to the Apple Macintosh product line.

2. You may use "Mac" in your product name, company name, trade name, or service name provided your name satisfies the following criteria:

a. Your product is not a computer, computer system, or operating system software.

b. Your product is Mac compatible or the third party business is associated with Mac based computers.

c. "Mac" is used in combination with another non-generic word.

Acceptable: MacVenus MacCharlie

Not acceptable: MacCharleston MacSales

d. "Mac" does not appear more prominently than the rest of the name in size, color, or typeface.

e. Your name does not suggest a false association with Apple.

f. Your name is not confusingly similar to any trademark owned or used by Apple.

g. You acknowledge that Apple is the sole owner of the "Mac" trademark and that you will not interfere with Apple's use or registration of "Mac" alone or in combination with other words.


Very similar rules for naming with the term Apple also exist - so Mac Support Store couldn't name a product AppleCare Direct as they have.

...

Sunday, May 29, 2005

BillWhispers?? (Updated)



Bill Palmer, retarded delusional is at it again ...

First, his site; that loosely tries to compete against Jackwhispers, called Mac Mischief; hasn't been updated for two weeks now. That seems to happen a lot to the people that really have nothing to say or anything of value to bring to their audience.

So where has Bill been? Off promoting LoadPod on more national radio shows? No, he's apparently been busy with a new editorial

This editorial discusses, amongst other things, that the Mac Mini is failing.

Reasons (his reason in bold, JackWhisper's rebuttal follows each):

1) Hidden Sales figures - Apple doesn't parse its sales figures for any model of consumer Mac except occasionally the iBook. They NEVER have under Steve Jobs and never will. It's no one's business. However, he does quickly gloss over the incredible detail that total Macs sold were 40% higher, than this time last year, for the recently ended quarter! He also doesn't have an interview with any peripheral company asking them why they are so stupid to release a Mac Mini accessory for a failing product. There are no less than 5 of these type of gadgets out there now. Oh wait, I forgot, these companies actually do research on sales figures before releasing product. Did Bill do research before releasing his editorial?

2) Sales Of the Mini have slowed - he makes no credible argument for this

3) Tiger is out and no advertising - Apple hasn't advertsied ANY Apple computer in almost 3 years - the last one; was the original LCD iMac at launch!

4) Apple Updated the eMac - this argument too has relatively nothing to do with the Mini, as they appeal to totally different consumers - education vs newcomers/2nd Mac buyers

5) Sales in Best Buys are bad - of course, as usual with any Bill Palmer story, he can't link to any statistic or quote from a Best Buy sales manager.

Here is an article showing how MacMini sales are actually way above estimates.

This guy is becoming so ridiculous - I may have to create a new website - BillWhispers!

[UPDATE] A Reader pointed out that MacSlash - a favorite website of mine - has the slogan A Daily Dose Of Macintosh News & Discussion"

Bill's MacMischief website lists the exact same tagline!

...

Tuesday, May 24, 2005

This Blurb About Blurbing

...

As reported by www.tauw.com:

I come across this blurb, paraphrasing Steve's response to Walter Mossberg and Kara Swisher during his D3 Q&A appearance, regarding the "Apple v. Bloggers" case:


"The law is very clear... You aren't protected by the First Amendment if you are breaking the law... and these bloggers posted documents that were Apple trade secrets. They had 'Confidential' and 'Apple' stamped on them....There are times when the court has ruled that the public good is served, that you can break the law in the service of the public good but we don't feel publishing our trade secrets rises to that."

Swisher: "Would you have sued if the Wall Street Journal had done this?"
Jobs: "We might have. But the Wall Street Journal has serious thought behind it... the thing is today is that everyone can be a journalist... we are in a gray area and we are trying to help in some small way."


_______________________________

This site has serious thought behind it and I ask that readers be responsible and fair to anyone whom they deliver news to!

...

iCon: A Con?



As reported by MacSlash:

The San Francisco Chronicle is running a fascinating review of iCon Steve Jobs : The Greatest Second Act in the History of Business. Author Alan Deutschman points out that the new book -- banned from Apple's stores by Steve Jobs himself -- presents no new interesting information about the CEO, instead drawing from previous works, including the review author's own biography, The Second Coming of Steve Jobs. The examples shown are amusing and potentially damning. While Deutschman never goes as far as to claim plagiarism, how seriously can you take this book when even watered-down allegations as these stand?

----------------------------------------------

I have to say, I'm not surprised. This is the reason I did not advertise this book here, although it would have certainly gotten me affiliate money. I personally don't like the Dummy Books and I certainly did not think the title was appropriate.

...

Monday, May 23, 2005

DLO says DL NO to DVForge PodBuddy (Updated 2X)



DLO Says DL NO to DVForge


As reported by MacMinute

DVForge cancels PodBuddy due to threat from DLO

DVForge today announced that it will be unable to launch and sell the previously announced PodBuddy product due to a disagreement with DLO (Digital Lifestyle Outfitters) over a patent that it holds. "We have been informed by DLO that they consider our PodBuddy to be an infringement of their company's U.S. patent #6,591,085, and, that they will file suit against us, if we launch the PodBuddy," notes the announcement. "We disagree with DLO's claim, and, we believe that our PodBuddy is so utterly different from their company's TransPod product that there can be no question of infringement. But, we are not able to fund the sort of protracted legal battle that would be required to prove our point in court. So, we are forced to kill the PodBuddy."




I remember Jack saying in these forums that he had never been sued or never received a cease and decist.

If I am correct, this lawsuit has been on the table for some time.

While I believe the patent that DLO holds is very broad in scope, they do have the right to protect that patent and certainly they feel they have a strong case.

Basic outline text of patent:

An FM transmitter and power supply/charging assembly electrically coupleable with an MP3 player. The assembly includes a modular docking unit having a main body portion with a docking cavity therein, wherein the main body portion contains the FM transmitter and power/charging circuitry, with coupling means in the docking cavity for connecting the MP3 player with the FM transmitter and power/charging circuitry, to accommodate FM transmission by the FM transmitter of audio content when played by the MP3 player in the docking cavity of the modular docking unit, and adapted for transmitting electrical power through the modular docking unit and the power/charging circuitry therein, for charging of a battery of the MP3 player and/or powering of the MP3 player.


The patent is as found here

Looks like DLO could easily go after Griffin as well for their RoadTrip and INSTEN for their car charger/combo for the iPod.

I guess we also have to ask ourselves, with the multiple delays that the PodBuddy has seen - was it a real product? Did DVForge try to source parts from the same as DLO's or is DLO just trying to stop this one from coming to the market?

It will be interesting to see how this shakes out because Griffin Technologies pockets are deep - so I would like to see their defense if they drop the RoadTrip.


Update: An email sent to me:

In your story about FM combo transmitters, you failed to note that Griffin's does not infringe on DLO patents because (among other reasons) the FM transmitter unit is separable from the charging unit. This is unlike DV Forge’s or Belkin’s transmitters


This may be so - I'm not 100% sure this makes a difference and falls in line with my previous comment and should apply here

Apparently the patent infringement notice is NOT for Griffin as earlier surmised - as it stands - it is against DVForge and PodGear. The PodGear CarDockFM being an infringement is a no brainer. Podgear has no shame whatsoever with it's offering.

http://www.podgear.net/cardockFm.html

The Podbuddy may very well be different - but had the Transpod been copied directly there would be no question of infringement - the PodBuddy matches the patent description for the Transpod precisely.

"We disagree with DLO's claim, and, we believe that our PodBuddy is so utterly different from their company's TransPod product that there can be no question of infringement. But, we are not able to fund the sort of protracted legal battle that would be required to prove our point in court."


Yet DVForge can afford to award a $25,000 prize for a bogus contest, is growing at the astronomical rate of %600 a year (right column), is well funded (same page), etc etc

And ... the Podbuddy may very well be different - but had you copied it directly there would be no question of infringement - the PodBuddy matches the patent description for the Transpod precisely.

And ... hey Jack .... GIVE THIS WEBSITE FIRST DIBS NEXT TIME!!!

...

Saturday, May 21, 2005

Steve Sues Steve

...

I haven't read this on any Mac news website within the past week, so I'll mention it here. I received a class action notice on Wednesday May 18th concerning power supplies Apple distributed with the PowerBook Lombard and Pismo. Some of you may remember this recall. It is linked on the Jackwhispers Recalls Page

The paperwork is for a certificate to fill out stating that you owned a covered adapter and that it failed.

The thing I hate most about these class actions, is that even the people that had no problem whatsoever will be awarded the $35.00 being sought. Then of course there are a few who never owned an affected power supply at all that will claim money as well.

This lawsuit doesn't really ask that one provide proof they had a power supply other than a certified statement.

The lawsuit reads:

Case Number: 105CV035058

Steven Clark
, Plaintiff v. Apple Computer, Inc., a California corporation, Defendant

TO: ALL PERSONS OR ENTITIES WITHIN THE UNITED STATES WHO OWN OR OWNED APPLE POWER ADAPTERS FOR THE APPLE G3 iBOOK OR POWERBOOK G3 MODELS LISTED IN ATTACHMENT 1.A OR WHO RECEIVED AN APPLE POWER ADAPTER IN APPLE'S RECALL OF "BLACK BRICK" POWER ADAPTERS.


I think if Apple settled this by shipping out replacement power supplies, that should be the end of it. This falls under statute of limitations, if you ask me; as this recall was made 4 1/2 years ago!

...

No Love For Adam Or The Apple

Lesbian Sues Apple For Racial & Sexual Orientation Discrimination

As reported by MacMinute:

Former Apple employee sues for discrimination

Former Apple employee Shaune Patterson [ a female ] is suing the company for discrimination. "This lawsuit, filed in the United States District Court for the Northern District of California in San Francisco, may be one of the largest discrimination lawsuits filed against Apple Computer by a Lesbian," notes the announcement. "The amended complaint, filed on May 16, 2005, alleges that Shaune Patterson was suspended for one month and then subsequently wrongfully terminated from her position, after she complained that her white counterparts, who were junior to her, were making higher salaries than she was. Patterson alleges that the suspension came one day after she complained of racial discrimination." In addition, Patterson alleges that one of Apple's managers wrote a memo describing her as a "rather obese-sized black lesbian."


________________________________________________

This is the 2nd lawsuit for wrongful termination against Apple in the last two months. In March, Tim Bucher, who headed Macintosh Hardware Engineering, filed suit in Santa Clara County Superior Court, alleging that Apple terminated him without cause and failed to pay all due compensation, including restricted stock grants and a bonus.

________________________________________________

This lawsuit will be added to the Your Rights, The Law, & Litigation Section on the Jackwhispers parent site.

...

Friday, May 20, 2005

iBook = iOverHeat

...


Apple is recalling some iBook and PowerBook batteries ...

As reported by MacMinute:


"...the U.S. Consumer Product Safety Commission has disclosed a voluntary recall in cooperation with Apple of rechargeable batteries for iBook G4 and PowerBook G4 portables. "The commission said the recall covers roughly 128,000 units in the U.S. and that it was prompted by six reports worldwide of the batteries overheating with two of those reports coming in the US"

__________________________________________

This will be added to the recalls section on the main JackWhispers site.

__________________________________________

Thursday, May 19, 2005

Star Wars: Revenge Of The Sith Review

...

I am fortunate to have 1 of 6 theaters in the country that has the new digital projector and THX sound system for movies ...

Unfortunately, I wasn't able to go see Star Wars in that movie theater, last night at midnight, due to my having free tickets from the Cingular Phone I bought.

Instead, I went to see Episode III in a multiplex - I was pleased (and surprised) that I got to sit center-center.

This movie was much more of an exposition than ANY Star Wars movie to date. There was a lot of explanation and vocal drama.

There is very interesting dialogue about how discernment of good and evil is from a certain point of view.

One line caught me in particular:

"I think the number one difference between me and you is that I happen to think most people are basically good, well-intentioned, and want to do the right thing. So, I treat them with the respect that derives from that idea. You, on the other hand, can dig out the "appearance" of evil in anyone's actions..."

Oh whoops, Jack Campbell said that to me last week ...

The line from Episode III that caught my attention actually was:

Anakin: "The Sith are emotional and only think about themselves ... Jedi are selfless and rely on the strength and knowledge of the force.

Emporer: "Of course; this is a point of view"

The one thing that still was not explained to my satisfaction was how the 1977 - 1983 films are so different. I understand that the Special Editions are there and the DVD versions have been released. But, they just don't fit ... I had this idea that Lucas would portray the entire galaxy as being thrown back in time because they had been so utterly opressed.

Hayden Christensen is still a weak actor in this film - or maybe he suffered from weak writing of his part. Some lines were stale and out of place and some scenes were cheesey, but what most reviews will tell you is that Episodes IV - VI were near perfect - when in fact - the cheesiness is present in all films. I consider Mark Hamill just as weak in his role as Luke Skywalker.

By far, the most visually interesting character was the droid leader General Grievous - with an amazing lightsaber battle with Obi Wan. It was also interesting to see a mostly robotic being cough and wheeze. This character is a very symbolic character of Darth Vader. Watch for the finale fight scene between Obi Wan and Grievous to see what I mean - especially when you see Grievous' biological heart and lung.

The one thing that surprised me was the lack of any humor in this film, and I have to say that Anakin's limbless burning body close to the end was QUITE gruesome.

Overall I enjoyed it, Empire Strikes Back remains my favorite of the 6 movies though.

...

Tuesday, May 17, 2005

A Controlled Music Substance?? (Updated)

...

Mark Cuban has a great article on his Blog Maverick site that says:

"...with the introduction of Yahoo!'s new $5 per month music service that this needs to become the new de facto 'damages' that the RIAA ought to be able to claim when suing kids. After all, when the kids could have paid for the music via Yahoo! for $5 a month it makes it hard to say the music loss is worth more than that. 'The RIAA can no longer claim that students who are downloading music are costing them thousands of dollars each. They cant claim much of anything actually.

In essence, Yahoo just turned possession of a controlled music substance into a misdemeanor. Payable by a $5 per month fine.'"


______________________________

That is a truely interesting argument. I've also considred a "no redemption made" defense. Someone could argue that they didn't redeem all of their iTunes bottle caps or Sony Music Store / McDonald's Big Mac Wrappers or the recent Musicmatch songs included with meals at Jack In The Box.

______________________________

Here's a conspiracy for you:

Consider Yahoo's new unlimited music rental service. Like Napster's Napster To Go offering, for a monthly fee, you can download all the songs you like. You will have to hack the songs and strip the DRM in order to use them beyond the 29 day rental. The songs themselves actually expire on the 30th day and become a blank 4k file that just contains your account information and the MP3 tag (info about the song, title, and artist)

The iTunes Music Store operates on the premise of a pay per song, but you own the song and the ability to burn to a CD - something that cost's an extra 75 cents per song at both Napster and Yahoo.

Now consider, if Apple, Sony, or Real Networks - Napster's main competition had an insider. I noticed that some of the people who worked on the Yahoo Music project had worked at the competition. Suppose one of these "new management" people working on the Yahoo offering managed to convince Yahoo execs that the low $4.99 a month for unlimited music downloads was a good idea - to put Napster out of the market! In the corporate world - you have to realize that drama like this is common and not just some guy on a small web site's crazy theory.

Monday, May 16, 2005

Today's Clarification Of History Moment ... Brought to you by Jackwhispers









This weekend; this is how I described Apple's copying vs Microsoft's copying of the Graphical User Interface (GUI) or what we know as the Operating System and Finder and Windows...

Apple detractors often combat the statement: "Microsoft just copied Apple with Windows" with the come back ... "Well, Apple stole the GUI from Xerox PARC"

And yes, as in Xerox: the printer company

Xerox PARC's GUI only contained icons for verbs. ie ...Cut, Copy, Paste. There were no icons for nouns ... Preferences, Control Panels, Files ... which is where Apple innovated. Apple also invented the pulldown menu. Meaning; a stable menu where verbs and nouns dropped down to perform a task, enhance an object or document, or organize files that were in the finder.

Xerox received Apple stock (a share in the company) based on Xerox letting them SEE what they were doing, not actually getting any code or know HOW it was done.

The truth is Xerox invented the wheel and Apple invented the Ferrari.

Microsoft became the Henry Ford of the industry and to this day ... Apple produces the Ferrari & Microsoft produces the Ford


...

Sunday, May 15, 2005

Tiger Direct Told Directly: You Are Fools!

...

As reported by Engadget

The Tiger suit is off

It took them 56 pages to say “TigerDirect, you’re craaaaaazy,” but a U.S. District Court for the District of Florida has denied TigerDirect’s request for injunction against Apple over the use of the “Tiger” nickname. They were asking that Apple be enjoined from using the “Tiger” moniker to promote its new operating system (Mac OS X 10.4 Tiger, natch) anywhere on its web site or in any new advertising, packaging or signage. We’re pretty sure the key witness in this case was Senior VP of Marketing Phil Schiller, who testified that Apple “had engaged in a practice of naming updates to Mac OS X after large predator cats in order to convey the strength and speed of the operating system” — the man speaks truth. They also presented evidence from a survey that revealed only 6 percent of consumers associated the name “Tiger” with TigerDirect. We’ll take it upon ourselves to summarize the 56-page ruling by Judge Joan Lenard in colloquial terms: “Any fool who shops at both Apple and TigerDirect will be able to distinguish between the two outlets.”

______________________________________________


I have to be honest and say that I just broke my own protest of TigerDirect this past weekend to buy some Mac compatible USB 802.11 adapters ... they were at an insane price (possibly even a misprint)

My only problem was, they offered me PC spyware removal software at the end of the conversation for a free 30 day trial... I wonder if they offer all Mac Users a marketing spiel like that? I also noticed that after my PHONE order I started to get marketing email from TigerDirect and got a catalog in the mail (before my order has arrived). I don't remember TigerDirect asking my permission or giving me an opt out for either!

______________________________________________


Here is a post I made at MacRumors on this topic:

Quote: Originally Posted by dr_lha

"A high five for bringing this up. Its annoying how everyone uses this as an example of a frivolous lawsuit without knowing the facts behind the case. I'm sure that everyone's perception of this case being frivolous has everything to do with McDonald's PR trying to make the victim look like the bad person."


Law is applicable to a "given responsibilty" - meaning that the majority of the people are going to obey the law, a minority are going to break the law, and fewer still are going to exploit the law.

Tiger Direct exploited the law.

The person you quoted said this:

Quote: Originally Posted by snkTab

"I hope your not refering to the McDonalds case. Sure it's easy to think that if a lady spills hot coffee on her self its her fault. But that's not what the lawsuit was over. The lawsuit was over the fact that McDonalds served coffee at 185 degree average, while other places served coffee at 140 degrees"



Now let me requote it to you:

"Sure it's easy to think that if a lady spills hot coffee on her self its her fault."

It's not just easy - it's the facts. She spilled it on herself because she was DOING something that could be considered HAZARDOUS driving!!!

HERE ARE FACTS:

She shouldn't be drinking hot coffee while driving. She didn't spill it immediately at the drive through, she drove out of the parking lot, hit a bump and the coffee spilled on her cooter! Where was the cup holder? Why was she holding the coffee between her legs?

I believe the case also pointed out that McDonald's had done of survey and customers WANTED their coffee at the temperature it was served at in this case.

Your logic says, that if a person buys a pack of paper from Walmart, the pack is just slightly opened, and one sheet is slightly out of line with the rest and the buyer receives a papercut, that Walmart is liable for not monitoring their inventory.

It's frivolous lawsuits that raise our prices as consumers - it was estimated that average prices went up 1.2% after this case at McDonald's. Don't think that the Tiger Direct defense and the equally ridiculous Think Secret and Reseller lawsuits don't have an effect on Apple's prices!

People with understanding like the two of you make lawyers necessary - we hate you!

...

Friday, May 13, 2005

I bought a T-Shirt @ Mac SurfShop & all I got was this lousy design...



This message appears on the MacSurfShop.com website:

Closed for Good


That is right my buds, we are closing the Macsurfshop for good this time. As many of you already know, we have tried all sorts of things to try and keep the Macsurfshop profitable and online over the past year. Well, we give up. Maybe it is our designs or maybe it is that our niche is completely saturated, who knows.

The bottom line is, the Macsurfshop has become more burden than fun. For this reason, Macsurfshop will not be coming back. Well, let me take that back...If Apple were to issue us a license to print and sell items with their Apple logo, then we would re-open. But that is highly unlikely. :-(

Many thanks go out to anyone who ever ordered a Macsurfshop (or MacShirt) t-shirt. It has been an interesting 6 years. We hope that our small mark in Mac history will live on.

Aloha.

SPECIAL EBAY AUCTION FORTHCOMING!

We will be auctioning off all our remaining stock. It will not be by the shirt, but by the bulk of inventory we have left. This will include left-overs from many of our previous design releases. Some going back as far as 4 years. We will post the link to the auction here once we take an inventory and can generate a list of what will be included.

--------------------------------

I have to be honest ... MacSurfshop T-Shirts were lackluster at best. The Panther T's they created looked like a design they pulled from an 80's high school Trapper Keeper for a Panther mascot.

Designs were just plain stupid ... Steve Jobs is my homeboy (what does that mean? & who would want to wear that?)

"Well, we give up. Maybe it is our designs or maybe it is that our niche is completely saturated, who knows."

That attitude is why I give them the most critique and the most understanding ...

Giving up is a bad attitude ... but I also realize it's hard to compete in a market with LOTS of illegally produced merchandise.

...

FireFox Agrees KHTML should be fired from working in Safari

...

As reported by MacMinute:

"Lead Firefox engineer Ben Goodger has spoken out in defense of Apple over the company's suggestion that the existing KHTML rendering engine be replaced by its own-developed derivative rendering engine (WebCore) for Safari, reports Macworld UK. "Safari's renderer is vastly superior to the KHTML used by Konqueror," Goodger said."

___________________________________________

The open source community has blasted Apple for betraying Safari's roots - now, a browser developer at the competition, agrees with Apple's decision.

Tuesday, May 10, 2005

Drunk, but alert enough to write a masterpiece

I just read a fascinating story about the con men behind the Cherry OS ...

If FixYourThinking articles peak your curiousity about the inner workings of the criminal mind then you should find this story interesting to say the least.

Applause for the author behind the Drunken Blog Website.

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Eminem Melts In Apple's Hands

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Eminem settled with Apple over a switch commercial featuring a small boy singing one of the Rapper's songs.

This will be reflected in Your Rights, The Law, & Litigation section of the parent site: JackWhispers.com

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Bill Says: Hurry Hurry Hurry Step Right Up !!



Continuing with the "______" says theme ... today's post is about Bill Palmer. Famous for the LoadPod website. A site that, for a fee, will rip your CDs for you - to an iPod.

Today LoadPod (Bill Palmer) made an announcement that LoadPod turned 1 year old! Break out the champagne! Actually, I wouldn't even toast to that with a glass of water!

You know, sometimes, inconvieniant things are just a fact of life ... I see no way that LoadPod could be making the guy wealthy or even making him break even. It also lends itself closely to fraud and theft.

Think about it ... Bill has affiliates all over the country that he has never met and just hires if you email him for the job. These affiliates could very easily just rip some of your music to their iTunes Music library too - therefore stealing your music and stealing from the artists as well. This is different from file sharing because Bill's service actually charges you for the song and "freeloading" priveledge.

Also, these affiliates are in no way certified or bonded - I would have a hard time letting a stranger have my iPod and $500+ worth of CDs.

See this previous BLOG entry about Bill Palmer titled: BillWhispers

The fact that he's also based out of Florida (the scam and spam capital of the world) is interesting to me.

Monday, May 09, 2005

Hilary Says: I Was Born Yesterday




As reported by MacMinute:

Former Apple executive (and former RIAA CEO and Chairwoman) Hilary Rosen has spoken out against Apple's iTunes Music Store, notes Slyck.com. "The new iPod my girlfriend gave me is a trap," said Rosen. "Yeah, it is great looking and I really love the baby blue leather case but when, oh when, will Steve Jobs let me buy music from somewhere other than the Apple iTunes store and put it on my iPod?" She continues: "There are little players to make your favorite music even more portable than ever starting at as little as 29 bucks. Most every player device works at every one of these “stores” and it is pretty easy to keep all the songs, no matter where you got them, in a single folder or "jukebox" on your computer."


Ok, I'm going to nitpick a bit at this article and Rosen's comments:

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"The new iPod my girlfriend gave me is a trap," said Rosen.

One comment:

Girlfriend??

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"... when oh when will Steve Jobs let me buy music from somewhere other than the Apple iTunes store and put it on my iPod?" "

Two comments:

When the market dictates that this is a good business move. Right now, Apple can combat the RIAA on prices (read as lower prices for you and me) with such large marketshare.

Also Ms. Rosen is free to walk in to the thousands of retail locations that sell CDs and rip them to her iPod at any time she wishes.

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"There are little players to make your favorite music even more portable than ever starting at as little as 29 bucks."

One comment:

Then go buy them! Apple isn't telling you to only buy iPods. By controlling the player and the store, Apple is able to sustain a successful business model - NO OTHER COMPETITOR IS MAKING MONEY!!!

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"Most every player device works at every one of these “stores” and it is pretty easy to keep all the songs, no matter where you got them, in a single folder or "jukebox" on your computer."

Two comments:

But not as easy as the iPod ... nor as high quality GUI and combination as iTunes provides. Besides those other stores do not support the Mac. If they sold songs that supported the Mac in a format that played on the Mac, then as a CEO of a company that produced macs - I might be willing to open up MY store.

Also, tell me how many custom cases & accessories I can find for the Creative Muvo again?

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Another Quote from the original article:

"If you are really a geek, you can figure out how to strip the songs you might have bought from another on-line store of all identifying information so that they will go into the iPod. But then you have also degraded the sound quality."

Since when does stripping the DRM out of a digital file destroy the sound quality?

Is this really the understanding of the "scene" that she had as head of the RIAA?

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Arben Says: I Can Tell A Lie; I Chopped Down That Cherry Tree

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"I cannot tell a lie ... I did chop down that cherry tree.
~ George Washington




As reported by Engadget:

First they put it on on hold last month, then they announced they were going to relaunch it as an open source project, now the genius guy behind CherryOS,that OS X emulator which apparently borrowed some code from an earlier emulator by the name of PearPC, has decided to pull the plug on the entire ill-fated venture. Arben Kryeziu says that it simply was not ready; which we believe is a euphemism for I didn't feel like getting sued by the people behind PearPC


Readers also might want to check out Arben's BLOG - it may remind you of other stories from Jackwhispers.

I find it kind of ironic that, in his Blog, Kryeziu, refers to the Cherry OS as C-OS - I can think of other meanings for that abbreviation. Titles such as Con Man's OS and CopyCat OS and Contained PearPC Code OS come to mind

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Wednesday, May 04, 2005

Linux Comes To Apple's Rescue (Again)

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Robert F. Young, a founder of Linux distributor Red Hat, and owner of the Canadian football teamThe Hamilton Tiger-Cats, has offered Apple an easy way out of the lawsuit by TigerDirect over the latest version of Mac OS X 10.4 codenamed: Tiger. Mr. Young has offered to license the Hamilton Tiger-Cats' historical use of the word Tiger to Apple free of charge. The Hamilton Tiger-Cats have been around since 1869. '136 years ago we were called The Tigers,' Mr. Young said. 'If anyone owns the exclusive rights to the word tiger with that much history and tradition, it's gotta be us.

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Message to TigerDirect: Now this is a way to get free publicity!

Message to Apple: Send Mr. Young a new iMac with an iPod Photo and end TigerDirect's authorized iPod distribution

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Tuesday, May 03, 2005

iTunes Buyers Compared To Filesharing Freeloaders?

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Sorry I have to pull another headline from Slashdot - but this seems to be the only place that is reporting this other than the source quoted:

"On Sunday, the Pittsburgh Post-Gazette published an article by Cary Sherman, president of the RIAA, stating that university students are hijacking Internet2 to pirate copyrighted works, and schools who don't actively combat file-sharing are teaching their students bad values like "acceptance of theft". The Post-Gazette didn't let Sherman get away with it, though... Today they published a letter to the paper from Roger Dannenberg, a professor of Computer Science and Music at Carnegie Mellon University, reminding everyone how past/present behavior of the RIAA and its members is an even worse model of values..."

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These two articles are a very interesting read.

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Where Apple DOES Get A Bad Name ...

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As reported by Slashdot:

"In their latest commercial venture, Maui X-Stream, the now infamous company behind Cherry OS, has recently launched a suite of tools that once again takes advantage of GPL'd code to get their dirty work done... This time it is a set of video encoding, streaming and display tools."

As you may remember, Jackwhispers was one of the first websites to bring you news of a company called Maui X-treme - creator of the Cherry OS Mac on PC emulator.

Apparently, the Open Source Community has exposed them again. I say apparently because your Jackwhispers editor pointed this out back in October of last year - a full 7 months ago. I recognized the streaming video technology they displayed on their parent site as something I had seen done many times on the Sun website as a demonstration of Java.

This company should be stopped by Apple and Sun in a court. Because personally, I think this is a situation that gives Apple a bad name, possibly a customer support nightmare, and a weak position in the computer sales market.

Many people may start to think the G4 and G3, since they can be so easily emulated, may be weak processors. This claim has been been the opposite to Apple's merit - that the X86 platform is so weak of a processor - it is easily emulated by the RISC processor and I/O that Macs have.

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