According to InformationWeek, Apple has been pressured to pull a “misleading” iPhone advertisement from circulation. The ad in question says that since you’ll never know what parts of the Internet you’ll need, “all the parts of the Internet are on the iPhone.” iPhone customers and potential customers pointed out that since the iPhone doesn’t support Java or Flash, there are many parts of the Internet that it can’t access. This makes it misleading, if not an outright lie, to say that the iPhone includes access to “all” of the Internet. Although Apple tried to defend the ad by saying that it referred to the fact that most mobile phones can only display a small subset of the available Internet sites, the UK’s Advertising Standards Authority decided that the ads were, in fact, misleading.
According to an article in the March 10, 2008, Columbus Dispatch,
“Fans of PC geek would enjoy shutting down Mac
slacker “. The article suggests that by casting the more
likable John Hodgman as the PC and giving him all the laugh lines, it
has turned him into the anti-hero of the commercials, and the underdog
that people sympathize with. As a result, people dislike Justin
Long and (by association) Apple and the Mac. An interesting read,
to be sure.
I’ve
heard from television and radio news programs that experts in human
hearing are worried that people are listening to their iPods (and other
portable media players) for too long at volumes which are too high,
resulting in permanent hearing damage.
So, on the one hand, kudos
to Apple for being proactive and determining how it can help protect its
customers from themselves by implementing automatic volume control in a future
iPod version.
I’ll be waiting for the other shoe to fall
on this one, though. For example, how will the iPod know that I,
personally, have been listening to it for “too long, too
loud”? What if I loan it to my wife or step-child, and they
crank it up before giving it back to me? Will my listening be
limited?
Will
Wired Magazine’s Blog has an interesting take on the most recently
released Apple television ad campaign in the USA in its November 12,
2007, “For God’s Sake, Get a Mac” article.
It’s a rather short post, but contains the rather pithy line:
“Hasn’t this particular conceit been past its sell-by date
since June 2005? Sure, it’s still mildly amusing. But Vista’s
made it easy to the point of cruelty: it’s like making fun of
Britney Spears or the developmentally disabled.”
Found an
amusing and reasonably platform-neutral set of “Rejected Apple Get a
Mac Ads ” on YouTube. You may want to check it
out.
For good measure, here’s a rejected iPhone commercial .
And a 30-second
look at iPhone frustration. Another broken
iPhone. What it’s like to have
your iPhone borrowed. Maybe it’s a new product from
Apple… it’s… the “biPhone“? Perhaps a little too much truth
in advertising happens on this one.
iPhone meets
Warcraft in iWarcraft.
As
we’ve covered in the past, I happen to be one of the many Microsoft
Zune owners. Because of that, I happen to know that the Zune ships
with several music samples, including songs by a Brazilian group named
“Cansei de Ser Sexy” (CSS). Despite being a Brazilian
band, CSS sings many of its songs in English or a combination of English
and Portuguese.
One CSS song is “Music Is My Hot Hot
Sex”, which includes the lyrics:
Music is my
boyfriend
Music is my girlfriend
Music is my dead end
Music is my imaginary friend
Music is my brother
Music is my
great-grand-daughter
Music is my sister
Music is my favorite
mistressFrom all the sh*t the one i gotta buy is music
From all the jobs the one i choose is music
From all the drinks
the one i get drunk is music
From all the b*tches the one i
wannabe is musicMusic is my beach house
Music is my
hometown
Music is my kingsize bed
Music’s where I make
my friends
Music is my hot hot bath
Music is my hot hot
sex
Music is my back rub
My music is where I’d like you
to touch
If you’ve been watching the
iPod Touch commercials , that last line should sound familiar to
you. To prove that I know what I’m hearing, have a listen to
track 10 of this album in the Amazon preview or this
YouTube video . It should sound incredibly familiar.
Since the readers periodically ask “where are my
facts?” that the Zune has anything to do with the group CSS, let me
direct you to a few links that illustrate that
connection:
CSS Pays the Zune Team a Visit – Zune
Insider
So Ican VERY legitimately say that both
Microsoft’s Zune AND Apple’s iPod Touch are being promoted using
the Brazilian band CSS.
I can also at least INFER from this that
no one at Apple has bothered to buy and examine a Microsoft Zune.
If they had, they’d have known Microsoft was using CSS to promote
the Zune and they wouldn’t have wanted to use the same music to
promote their latest, greatest, iPod…
Personally, I
suspect this guy will be laughed out of court, but apparently Canadian
law student David Bilton alleges that Apple misled him by claiming that the iPod Nano has
8GB of space, when he can account for only 7.45 GB after
formatting. He’s hoping to get either 7.5% of his money back
or a full refund. If he’s not prosecuting his own case,
I’d think his legal fees are going to cost more than a Mac Pro, let
alone an iPod Nano…
We mention this article not because we think
there’s a lot of merit to the lawsuit, but as evidence of what
appears to be a growing level of hostility toward Apple, manifesting
itself as lawsuits about iPod capacity, iPhone battery replacement,
iPhone incompatibility with hearing devices, lack of carrier choice for
the iPhone, bricking of iPhones, etc.
Richard Reinhardt, a former member of The
Ramones, has reportedly filed a lawsuit against Apple and
Wal-Mart for copyright infringement. Reinhardt alleges that the
companies don’t have his permission to sell downloads of six songs
he wrote. He claims that the publisher gave improper authorization to
third parties including Apple iTunes and Walmart.com’s music
download service.
This isn’t the first lawsuit of this
type we’ve seen filed, though it’s hard to say what the outcome
will be. Presumably, Reinhardt has some legal documentation to back up
his claims that these companies don’t have permission to reproduce
his works. The question is whether the publishing company has
“better” documentation to prove that they do. Time (and trial)
will tell.
Isn’t that interesting? Apple’s PR department tells us their
relationship with NBC broke up because NBC wanted to charge customers
$4.99 per episode downloaded through iTunes. NBC denied this allegation
at the time. Now, it appears that NBC is offering episodes for download at NO COST through
“NBC Direct”. Granted, they come with a catch. They can only
be played back using NBC’s proprietary software for Windows PCs (Mac
software is coming, as is the option to transfer to portable players),
become inactive a week after downloading, and include commercials. A
definite step down from getting an entire episode without commercials on
a portable device, but then again, it’s also free and not $1.99 per
episode (which seems a bit expensive).
One commenter to
this article said “NBC also released their pilot episodes free on
Amazon Unbox, which downloads to Tivo, and is AWESOME.” Sounds
better than Apple TV to us.
Yesterday, we discussed how NBC and Universal
Music Group pulling their content from iTunes could put quite a dent in
Apple’s “only breaking even” (according to Mac Fanboys)
service by eliminating some of its most popular content. Tuesday, the
East Bay Business Times web site reports that Sony may soon be
challenging Apple on video downloads, just as Amazon.com is doing with
its Unbox service. As East Bay Business Times reports, “Sony is
considering a move into video downloading, taking on Apple Inc. in an
area analysts say is still up for grabs, according to reports on
Tuesday. Sony could use its PlayStation 3 and PlayStation Portable
videogame machines, along with its Bravia high-definition televisions,
to let users download video, the Wall Street Journal reported that
unnamed company officials said.”
If this is true, it
could be one more nail in the iTunes coffin…
Some interesting things are happening in the
digital music and video world, especially centering on Apple’s
iTunes store. According to PC World, “Although Apple may be leading the
market now, partnerships are crucial for the longer term”. While Apple is reportedly courting Sony, which recently
dropped its Sony Connect download service (which only worked with Sony
players and sold music in the “ATRAC” format), other Apple
partners are backing out of their iTunes deals.
NBC, which
is reportedly responsible for 30% of the TV content Apple sells through
iTunes, decided not to renew its agreement. Instead, they
opened their own store and struck a deal with Amazon.com. This could put a big
dent in iTunes digital video sales. It could also be bad news for Apple
TV, since Amazon Unbox purchases are available through the TiVo device,
which performs a number of functions the similarly-priced Apple TV
cannot. Apple claims that NBC wanted wholesale price increases. NBC
claims that it wanted Apple to provide better protection for its
content.
Meanwhile, Vivendi SA’s Universal Music Group did not renew its iTunes
contract either, according to The Wall Street Journal. If Vivendi pulls its music
catalog from iTunes, it could be the end of iTunes users being able to
purchase tracks from Eminem, 50 Cent, and Sting (among others). Considering the historical connection
between NBC Universal and Universal Music Group, it’s entirely
possible that Universal Music Group might follow NBC’s lead and pull
its music catalog from iTunes. If this doesn’t sound significant,
consider that 1 in 3 CDs sold at retail is a Universal Music Group
product. Its digital sales very likely are similarly large.
If other video partners follow NBC’s lead and transfer their
business to Amazon’s Unbox service, it would be a significant blow
to iTunes and Apple TV. If the other music houses follow UMG’s lead
and move to another digital music service, Apple may be left holding a
very small piece of the digital entertainment pie. We doubt they’ll
let that happen, but they’ve already lost two key players.
An article in The Register today explains the
decision by NBC to stop offering its video products through Apple’s
iTunes store in a rather humorous manner that restores my hope that the
entire media hasn’t been brainwashed by Steve Jobs and company:
The Americanized version of “The
Office” will soon disappear from Apple iTunes. The Reg couldn’t
care less – we prefer the original, and we have no interest in watching
even our favorite TV shows on an overpriced, DRM-shackled, handheld
status symbol – but many uncultured Apple-loving web mavens are sure to
be very upset.
Late
yesterday, as reported by The New York Times, NBC Universal informed
Apple that it would not renew its contract to sell “The
Office” and other TV shows over iTunes, a ridiculously-popular
digital music and video download service. The contract won’t expire
until December, but Apple responded by telling the world that it would
remove NBC shows from iTunes “beginning in September” – i.e.
very shortly.But the bigger news
is that Apple actually responded to us when we sent a note requesting
comment. “Hi Cade,” a spokesman wrote. “We put out a
press release this morning on NBC: http://www.apple.com/pr/library/2007/08/31itunes.html“.
At least one El Reg hack is convinced that the world is ending.
Apple alleges, probably truthfully, that NBC
wanted to raise the price it charges per episode from $1.99 to $4.99. As
The Register points out, “What Apple didn’t say is that NBC is
iTunes’ top video supplier, responsible for about 40 per cent of all
downloads… Universal Music Group, the worlds largest record label,
recently declined to renew its contract with Apple, reserving the right
to remove its songs from iTunes at any time. That said, EMI Music
recently gave Apple the go-ahead to sell its songs without the usual DRM
shackles. This is the only good thing we have to say about iTunes.”
Ouch… Sounds like there aren’t many Mac fans at The
Register…
Time Magazine’s online site
is running an article entitled “iPod Noise Pollution Grows Irksom ” about how
iPod users crank up the volume on their music players so loud that it
annoys those nearby. They also have tendency to sing too loudly along
with the music. “That kind of behavior — an ignorance by the
user of volume levels and surroundings — is more odious than the
low buzz of the iPod, [Leander] Kahney [managing editor of Wired]
said.”
One of the people quoted in the article said,
“I’m the type of guy where if I’m in public, I’ll try
not to offend anybody if I can help it.”
While this article mentions the iPod by name, we
suspect that it’s true of all media player makes/models and not just
the iPod.
An article in The Money Times points out that a University of Michigan study found that the iPod can cause malfunctions in electromagnetic equipment used by doctors to monitor their patients’ hearts. The iPod interferes with pacemakers nearly 30 of the time. In some cases, iPods caused interference when held 18 inches from the chest.
Of interest to those of us here at The Mac Sucks was the Apple Fanboy reaction to this study. We predicted that they would defend the iPod and dismiss the study, and they did. Some fanboys said that people with pacemakers probably weren’t iPod users (this was countered by other iPod users chiming in and saying that’s not the case). Some claimed this was just a Microsoft-funded study to discredit Apple’s industry-leading product (it wasn’t). Others (correctly, but overzealously) complained that the study specifically mentions the iPod when other music players probably exhibit similar effects on heart monitoring equipment. In all the noise, there was one person who understood what was going on and really “got it”. He pointed out that those who have pacemakers needed information like this to ensure that they did not cause health issues for themselves, whether they used the iPod or a competing product. He applauded the University for performing the study and releasing the results because of the lives it would save, and decried those who put down the study or tried to turn it into an “Apple vs. Microsoft” flame war.
We talked about the Apple TV earlier on this site, pointing out that it lacks the recording capabilities of the TV or most cable company set-top DVRs, that the TiVo offers the same capability of playing video stored on a PC, and that aside from a high price tag and an Apple logo the Apple TV is nothing new or special.
An article on PC World Canada appears to agree with us. James McQuivey, an analyst with Forrester Research, said that “The paid video download market in its current evolutionary state will go the way of the dodo.” Further, he notes that “The people currently downloading are very unique, [watching 3 times as many video clips as the average online American]. That need to feed a video habit isn’t as strong for everyone else.” He also notes that Apple’s video strategy isn’t a sound one because the Apple TV was obsolete almost as soon as it got to market. Paying for video downloads and “renting” movies by downloading them will be a short-term, transitionary business, according to McQuivey.
As I believe we said in our Apple TV analysis, McQuivey says in the PC World article that “Beyond the faithful who want the Steve Jobs experience, Apple’s closed system will have little appeal.”
target="_blank">An article on Canada.com takes Apple to task for
failing to deliver in the iPod some features that Archos already
delivers in MP3 players. The author specifically points out that the
Archos 604-WiFi has a 4.3 inch wide screen that operates completely by
touch. The iPod doesn't, and the iPhone is still a way off. The
device can also network with just about any WiFi hotspot and surf the
web using the open source Opera web browser. An on-screen keyboard makes
typing web addresses and passwords easy. It features a 30GB hard drive,
and up to 16 hours of music or 5 hours of video on a single battery
charge. The player plays AVI, MPEG 2 and MPEG 4 files, and even PDF
files. It has an internal microphone, TV out, and the ability to act as
a personal video recorder. Available add-ons allow you to use it as a
digital camera, too. And it works with both Macs and PCs.
The author's only complaints are size, inability to multitask, and
price. It's over 13 centimeters long, about 8 centimeters high, and
2 centimeters deep, weighing in at about 290 grams. He says it feels
about like a first-generation iPod. The device won't allow you to
surf and listen to music at the same time. And it is priced around
$500.
(10/05/2007 Update:
Interesting to note that Archos beat both Apple and Microsoft to market
with a WiFi enabled, touchscreen media player that can surf the
web.)
The ContraCostaTimes.com web site posted
target="_blank">an article on March 13, 2007, about the European
Union faulting Apple's iTunes for not making its music available to
customers without an iPod:
all CD players while an iTunes song only works on an iPod? I
don't," European Consumer Protection Commissioner Meglena
Kuneva told German magazine Focus in an interview published Monday.
"Something has to change."
We suspect that
pressure like this is what prompted Apple CEO Steve Jobs to post his
recent open letter regarding the removal of DRM from digital music.
We also suspect that Jobs' letter was an attempt to deflect
the EU's concerns away from Apple and toward the music industry.
While, on the one hand, this is appropriate given the fact that
DRM was probably insisted upon by the record labels, the fact is that
Jobs and Apple wield considerable power with the labels and by refusing
to sell DRM-encumbered music through iTunes could pressure the industry
to remove DRM from the equation.
The simple fact is, DRM
generally doesn't work, especially for music. For example, the
iTunes DRM can be "broken" by having iTunes burn the purchased
music to an audio CD, then using some other software to "rip"
that audio CD back to a non-protected form such as MP3 or Ogg Vorbis.
This is fairly well known among iTunes users. (So the
complaint quoted above shows a little lack of technical knowledge,
though under the DMCA it might be illegal to do what is described here.
Check with your lawyer if you have any questions or concerns.)
Even if the DRM was somehow rock-solid, the fact that the
recording labels sell the same music on unprotected (or minimally
protected) audio CDs allows those media to be ripped and the music to be
illegally shared. And, of course, if someone were really desperate
to pirate digital music they would be able to do so by simply recording
the audio played by their home stereo, computer, or other digital device
and ripping that. As long as the music can be played, it can be
illegally recorded. The challenge for the record labels is not to
prevent illegal duplication, because it really can't, but to make
music piracy something that the public has no reason to do.
For instance, if you could purchase any desired song for 10
cents from iTunes (instead of the current 99 cents), there would be
little incentive to spend time searching through pirated music networks
to find the same song, download it, determine that it's what it says
it is, that it plays properly, etc. You would very likely just
purchase it, download it, and be done with it.