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Saturday
Sep292007

What if...

What if you bought a computer that you couldn't install any of your own applications on? (Stupid, I know, but what if?) What if that computer required you to sign up for two years Internet service with one particular company, and prohibited using any other ISP? (Not that the ISP subsidized the price or anything - the computer wasn't cheap.) What if some bright guys came along and figured out how to install your own applications on the computer? And then showed you how to choose your own ISP? You'd do it, right? I mean, why not, it's your computer. But wait. What if the company that made the computer sent down an update that checked to see if you had installed your own applications and deleted them if so? What if that same update checked to see if you were using the required ISP, and if you weren't turned the computer into a useless, unfixable, piece of glass and plastic? Would you ever buy a computer from that company again? Would you ever trust a company like that again? Addendum: Some Apple and cell phone customers seem to be suffering from Stockholm Syndrome, so let me put it another way. Let's say you're selling me a cow. You tell me that that cow is being sold for the express purpose of making milk. I agree, and buy the cow. Later I decide that I'd prefer to make cheese. You say that's a violation of our agreement and kill my cow. When I paid for the cow it became my property, to do with as I please. If you don't like how I'm using it you may choose not to do any further business with me but you don't get to kill my cow. And, by the way, warning me you'd kill my cow if I keep making cheese doesn't make it all right. The lawyers will point out that contractually I agreed to your terms. True. But I don't think the contract said anything about killing the cow did it? Apple's sole redress is to halt all support of my phone. If we let Apple destroy our property for not following the rules we're telling the music industry it's ok to destroy a hard drive containing illegal songs, the cable company to fry our TVs for stealing cable. That is vigilante justice and a direct threat to the rule of law.

Reader Comments (193)

So, are you saying goodbye to Apple Leo?

September 29, 2007 | Unregistered Commenterarmand

The worst part of it all...

Yes.. i am going to buy from them again...

September 29, 2007 | Unregistered CommenterBetushco

What if you knew that the company liked to keep in control of their products.

What if you knew they didn't want other applications on their product

What if you bought the product knowing about the ISP lock-in and contract.

What if noone actually forced you in to buying the product, but rather you got caught in the hype.

What if you only unlocked your product using crowdsourced hacks and knew deep down that this was against their wishes.

What if you're just peeved that you've been caught out by the only obvious course of action left to the company in order to protect it's contract with the ISP.

What if I begin to sound like Scott...OMG

September 29, 2007 | Unregistered CommenterRichard

If the company made it clear from the start (as Apple did) that those were the requirements that came along with buying the computer, then I wouldn't fault the company for my violating the purchase agreement (which everyone did that unlocked their iPhone) and rendering my machine useless through making a decision that I knew would possibly lead to rendering my machine useless (which people have been speculating about for weeks).

September 29, 2007 | Unregistered CommenterKyle Essary

I'm no legal expert, but doesn't this really come down to fairness in marketing? If a rational customer were to believe he/she is licensing the product under a specified terms of service, and assuming the license spelled out the results of such modifications, then the customer should not be upset in retrospect.

However, if the rational customer is lead by the marketing to believe he/she is purchasing the hardware to own and use in whichever way they choose then the customer, beyond being rightfully upset, probably should have legal grounds for damages.

Unfortunately, in the case of the iPhone, thanks to CDMA networks and SIM locking, the waters might be muddy enough to argue that the rational cell phone customer believes the purchase of the phone to be an extension of the cellular service license.

On the other hand, the fact that iPhones were sold in computer (Apple) stores with no contract or licensing taking place at the time of purchase, is probably a good case for arguing that the customer believed he/she was purchasing to own the hardware.

Just my 2 cents.

PS. Excellent new blog, Leo.

September 29, 2007 | Unregistered CommenterTollie Williams

I had been considering an i-pod touch, but I think I'll reconsider.

(Sent via my Nokia N800)

September 29, 2007 | Unregistered CommenterKen

I wouldn't if it was a computer no it would be very silly. Different story though i think with a certain device I think you are talking about........

Buying the computer you knew that you wouldn't be able to install your own applications on it without the company being annoyed.

You accepted that you would have to use that ISP for the 2 years.

You might want to try to switch of course. But if you were in the big boss' pants for today looking at your relationship with the ISP and the money you are loosing from it would you not want to make the money.

I don't think it is the computer companies fault more the ISP they would be the ones loosing the most money.

If you don't like the terms, don't buy the computer.

September 29, 2007 | Unregistered CommenterChris Wall

Interesting, Leo. While Apple made it clear that the phone was locked down both as far as apps go, and the service provider, to think they would quite willingly cripple the phone if it was unlocked is unthinkable.

September 29, 2007 | Unregistered CommenterMark

I still will use apple products. Every company has restrictions of some type and it is our choice to live with them or not. I think the good outweighs the bad when it comes to Apple. You have mentioned that you feel Apple is a monopoly but I am not sure that I agree with that. They certainly do not have a major market share except for the ipods. Maybe thats what you mean by monopoly. But they still have to protect thier products.

September 29, 2007 | Unregistered Commenterarmand

I'm one of the biggest Applefanboys in the world. I will continue to buy Macs. I haven't and won't buy an iPhones.

Apple never made the claim that 3rd party apps could be installed. Apple specifically said 3rd party apps could NOT be installed. Same with the service provider. You bought the phone anyway.

You hacked the phone to do the things that aren't supported. Apple said the latest update will break your hacks. THEY WARNED YOU AHEAD OF TIME. You installed the updated and it broke your iphone just like they said it would. Now your complaining and saying you don't trust Apple?

Vote with your dollars. If the iPhone doesn't have the features or capabilities you want, don't buy it.

September 29, 2007 | Unregistered CommenterGreg Smith

And this is why I won't buy an iPhone.

-A

September 29, 2007 | Unregistered CommenterAdam

If the computer in question was a Mac Pro in a room full of 386-machines, you would...

September 29, 2007 | Unregistered CommenterTwisted Intellect

Apple is known to stick to computer dealers that want to sell MACs. One has to jump through hoops just in order to sell iPODs never mind MACs. As well the pricing for the items are at the same price as on the Apple website. There is a reason why there are few Apple stores at least up here in Canada. Its too darn expensive and very little for Return on Investment.

For this reason it will be a cold day in you know where before I ever buy an Apple product.

September 29, 2007 | Unregistered CommenterJim2

With the howling over the price drop, now the noise over bricked iPhones and the appearance that they're going out of their way to make 3rd party software as difficult as possible to install... Apple is sure making some stupid PR moves lately.

Part of me hopes the trend continues, just so that they generate as much of a backlash as possible to set them straight.

September 29, 2007 | Unregistered Commenterfishbert

Thanks Leo, you have certainly illustrated what is so flawed with the American consumer and economy when it comes to communications systems. Why do we put up with this? They are our airwaves, our wires, and these companies are selling us products and services which should be separate from one another but they've switched the marketplace to where we're begging them to use what's rightfully ours!

I think you have pointed out what Apple might be doing on purpose to spark a revolution. AT&T should be begging us to use their cellular service vs. T-Mobiles' or Verizon. No handset should be sold locked in to any "provider" and no provider should claim ownership of any network unless we change that network back to a not for profit public utility monopoly.

So perhaps Apple is going to the extreme to show us how messed up this whole market is and if so you've just sharpened their veiled point that's for sure.

What if Chevrolet only sold cars that could be driven on Chevy designated streets, assigned to them at auction from a federal agency charged with protecting the streets for public use from private companies like Chevrolet, and these cars could only use Chevy designated gasoline and parts?

September 29, 2007 | Unregistered CommenterAdam Turetzky

Yeah, but it's all because of that partnering deal between AT&T and Apple, so can't just not trust one of the companies.

I feel that if someone hacks the iPod Touch to the same degree, your warranty would be voided, but I doubt Apple would go through all the trouble to undo what you did since there are no partnerships to worry about. Take the Apple TV for example.

September 29, 2007 | Unregistered CommenterJulava

I'm sorry, but it's getting to the point where I can't listen to your "podcasts" anymore, because of the constant whine of Apple and the iPhone.

I have an iPhone, I love it. Does it sucked that it's locked? Sure, but 95 percent of all cell phones are.

This wasn't a secret, it was made very clear. Locked, ATT only, no 3g, and no 3rd party apps. If you hate Apple so much, go back to your Nokia ($800, bad battery life, 4 times the size, etc) phone and please stop complaining!!

3G? Doesn't exist for 80 percent of us, and that includes me, so why would I want a 3g battery sucking phone? This is for the general masses, not super geeks.

98 percent of the population doesn't want to install flickr apps, jaiku apps, whatever else apps. They like me just want a phone that works, checks my email, can browse the internet, and easily sync's to my computer. The music and video is a bonus as far as I'm concerned.

Apple has every right to do what they do, and it's not like they didn't say this either. Oh my God they lowered the price!! How dare they! Happens all the time, nobody would have complained if they raised it, nor would those of us who bought it, have to send in another $100 dollars. People would have complained that they would have bought it, if they knew the price was going up. Apple can NEVER win. Someone is always unhappy.

They could have easily put out the 1.1.1 patch and bricked all the unlocked phones. But no they WARNED people before they did it.

Give Apple a break. Compare them to other profit making companies, I think Apple holds up pretty well. As with the beauty of freedom, if you don't like it buy a different computer, phone, etc. I bet you'll be back.

September 29, 2007 | Unregistered CommenterMark Thomas

yes, I can understand people get upset when they cannot use their iphone all the way they like. But you have to remember that Apples iPhone business model lies heavily on the one-operator-monopoly. And because of the money they are protecting that.
The own application part I think was propably accident, it was just too heavy release. Just like Windows XP SP2... EXACTLY like SP2 on the Microsoft Windows XP, a lot of programs stopped working.

September 29, 2007 | Unregistered CommenterAri Kukkonen

Totally agree w/ several posters above -- Apple has clearly spelled out to iPhone customers the do's and don'ts. If you don't like the terms of use for the product, don't buy it. And that's why I don't own one.

That said, the hardball approach that Apple is taking, while protecting their profit margin in the short term, is going to bite them back in the long run, by souring both their customer base and thier image with the public at large.

And btw, Leo's analogy is a good one -- in case anyone hadn't noticed, the iPhone is a computer!

September 29, 2007 | Unregistered CommenterAndyP

C'mon people. Just because you can make excuses for a company doesn't mean the feeling of being "screwed" is eliminated.

It really makes me sick to see so many people defend the decisions of big corporations rather than defend the consumer. So what if our needs are a little wacky, we're the ones paying for the product o why shouldn't we have expectations.

September 29, 2007 | Unregistered CommenterCole

didn't the Apple update to the phone just brick the ones that were opened so the customer could change carriers? I know that it wiped out a lot of the 3rd part apps and hopefully that aspect will change. So, let Apple put a warning with the phone that support for it will be discontinued if you don't follow the rules. I do take exception that you think we are all just blindly following Apple like sheep. I think we are aware of the inherent pitfalls with whatever product we buy. and until laws change concerning illegal downloads and stealing cable we are unfortunatly stuck in that silly place.

September 29, 2007 | Unregistered Commenterarmand

I can understand their motivations for trying to keep people using at and t, but I was happily using some cool 3rd party apps like iflickr, windows messanger, blackjack, navizone, lights out, zork, the list goes on. Now I'm stuck with 1.1.1 and the crappy wifi store. AND they disabled the ability to go back to previous versions which was always an option before. If they're going to block third party apps, at least release a sdk or something an offer some apps besides calc, calander weather and safari.

September 29, 2007 | Unregistered CommenterLSUtwit

Sure it's wrong that the latest update is bricking phones.

Sure it's wrong that they won't let you install 3rd party apps.

Yes, there were warnings. Everyone knew this was ATT only and there wasn't third party app support.

So, if you really needed a phone that worked on any network and you really needed to install third party apps, why did you buy an iPhone?

I think the people that got it and don't mind being on ATT and never leave the country are happy with the feature set of the phones and probably don't have any idea that this problem exists.

The rest of you should have bought something else.

You have to have the right tool for the job. You wouldn't try to drive a nail with a screwdriver, would you?

September 29, 2007 | Unregistered Commenterdb

Leo, I'm a big fan of your podcasts and your point of view. But I'm going to disagree with you about the iPhone.

The fact of the matter is that in the USA; the cell phone business has always been a razor and razorblades paradigm. To solely blame Apple is to ignore the partnership with AT&T that made the successful launch of the product possible.

Yeah Apple could let people unlock phones and add apps carte blanch. But what company would be willing to sign an exclusive contract with them ever again? Leo, if you signed an exclusive agreement; wouldn't your integrity motivate you to honor those agreements?

For some reason Apple is being held to a different standard than all the other players in the cell phone market. That's not right. the iPhone is not a computer even though it has computer-like functionality. It's Cell phone with added features.

In regards to the iPhone; Don't judge them by what you want them to be. Judge them by the reality of the rest of the cell phone industry.

September 29, 2007 | Unregistered CommenterScott Wilder

[...] Leo has posted his displeasure over the bricking of the iPhones with the latest update. He makes some great analogies to his point. [...]

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