As predicted, Steve Jobs has acknowledged what we already knew.
The 2nd gen (3g iphone) does contain code which allows the device to receive a "Black list" of programs which attempt to utilize the location specific function of the iphone.
Hmmmm...is that all?
Jonathan Zdziarski was the guy (Much smarter than me) who found this little bugger and it would be worth taking a look at his site and seeing what he as ACTUALLY said on the subject.
From his description of the software device, I still cannot help but question its true purpose in life.
Zdziarski has broken it down pretty well. I'm paraphrasing, but this is how I interpretted is analysis;
This [software] device is either a form of anti-virus or its Apple's attempt at world domination one handset at a time. (Narf!)
Now, here is my analysis:
Q: Does the company in question have a reputation for being forthcoming?
A: Recently, no. The widespread reception issues have not been addressed at all. The Ipod Classic A/V output issue was something that was quitely marketed at best.
Q: Does the device have the potential to cause great harm to the user?
A: Yes. It can disable programs that are "blacklisted" by Apple. Additionally, it could (EMPHASIS on COULD bc this is only theoretical) be used as a tool for "hackers" to enter the iphone.
Q: Could the presence of the software cause widespread negative publicity?
A: Duh.
Q: Would Apple (Or any company that installs this software) admit that they did wrong by this code?
A: Not likely, can you say lawsuit?
Q: Do any other companies in the same or similar business(s) use these types of "kill switches"
A: Unknown for sure, but I have scanned the feeds in search of comparable situations and none have surfaced in the world of cell phone MANUFACTURERS. Further, even searching under "Carriers" I have not been able to find examples where software can be disabled. Functionality such as web use can be limited, but not more.
A: Examples of situations where this type of program is used is in anti-virus software. HOWEVER, the user must approve the software and its function proactively.
Conclusion,
Apple has limited functionailty and ignored customer complaints regarding product malfuntion. Further, this software COULD cause quite a bit of harm if misused (Or so it would seem). Apple has received negative publicity about this at a time when it is trying to push its newest tech. It is unlikely that Apple would admit to wrongdoing. No other company (that I am aware of) impliments this type of program in cell phones.
To me this means that Apple or any of its "Sources" or spokespeople who defend themselves have a vested interest that reduces their credibility. They are not likely to be truly unbiased.
Further, this whole saga has been embarrasing and no other competitor uses a similar tech. (That I am aware of).
Thus, in my opinion, no matter how much explination or justification is given, Apple got "caught" and is trying to spin its way out of the quagmire.
Disclaimer
Nothing posted on this site should be considered "Legal advice". I am not an attorney, yet, nor would my status as attorney in the future, result in any type of attorney client relationship based on the thoughts and opinions posted to this blog by myself or anyone else.
Monday, August 11, 2008
Friday, August 8, 2008
iphone "kill switch" software
Today Cnet posted a follow up the recent news that the 2nd Gen Iphone (Thats the 3G model) has software embedded within it that will contact Apple servers from time to time and limit the functionality of certain applications installed by the user (Presumably) on the device.
Basically, the code could allow Apple to remove any program on your iPhone that it deems to be bad for any reason.
HUH!?!?
If this sounds a little strange, its because it is strange. I cannot think of another circumstance where a company is allowed to touch your property without your consent or knowledge.
However, it seems that some of consumer's privacy concerns may be unwarranted, according to Cnet's latest piece. In this latest article Cnet reports that a "Source" within Apple has made assurances that the software is only intended to be used to "Wall off rogue programs" from the iphones "Location specific" software.
Smells a lot fishy to me! It sounds like consumers are being told not to worry and to trust Apple, because the company knows whats best.
All I have to say is, no company knows whats best for me! I would certainly not want to have the application on my phone unless I was expressly notified of its presence and expressly approved of it.
Whats more, all we have is this "Source's" word that Apple will play nice. The fear being of course, that someone will install a 3rd party app and Apple won't like it and remove it. Even though this source SAYS thats the way it will be doesn't really instill confidence in me. Frankly, I don't feel that Apple has a good track record of good faith.
See iphone price drop w/o fully compensating customers who bought at full price.
See classic ipod (the latest model) having software/hardware that requires proprietary Apple A/V cables to output video.
If the code is so harmless, it seems logical that Apple would have A. responded quickly and officially to the recent fervor, B. informed the public of the software initially to avoid such speculation and C. would have provided customers with an "opt out" option at their "own risk".
You will note that this is not the case, and Apple did NOT notify anyone of its presence.
Sure this could be explained away as having been done for "Security purposes" but it matters little given the huge potential for abuse.
Even if Apple does not abuse the code, what about the potential for outside abuse from cyber criminals? It seems like a lot of risk.
Time will tell, and of course an official news bulletin from Apple will undoubtedly be forthcoming. I will be interested to hear what they have to say.
Basically, the code could allow Apple to remove any program on your iPhone that it deems to be bad for any reason.
HUH!?!?
If this sounds a little strange, its because it is strange. I cannot think of another circumstance where a company is allowed to touch your property without your consent or knowledge.
However, it seems that some of consumer's privacy concerns may be unwarranted, according to Cnet's latest piece. In this latest article Cnet reports that a "Source" within Apple has made assurances that the software is only intended to be used to "Wall off rogue programs" from the iphones "Location specific" software.
Smells a lot fishy to me! It sounds like consumers are being told not to worry and to trust Apple, because the company knows whats best.
All I have to say is, no company knows whats best for me! I would certainly not want to have the application on my phone unless I was expressly notified of its presence and expressly approved of it.
Whats more, all we have is this "Source's" word that Apple will play nice. The fear being of course, that someone will install a 3rd party app and Apple won't like it and remove it. Even though this source SAYS thats the way it will be doesn't really instill confidence in me. Frankly, I don't feel that Apple has a good track record of good faith.
See iphone price drop w/o fully compensating customers who bought at full price.
See classic ipod (the latest model) having software/hardware that requires proprietary Apple A/V cables to output video.
If the code is so harmless, it seems logical that Apple would have A. responded quickly and officially to the recent fervor, B. informed the public of the software initially to avoid such speculation and C. would have provided customers with an "opt out" option at their "own risk".
You will note that this is not the case, and Apple did NOT notify anyone of its presence.
Sure this could be explained away as having been done for "Security purposes" but it matters little given the huge potential for abuse.
Even if Apple does not abuse the code, what about the potential for outside abuse from cyber criminals? It seems like a lot of risk.
Time will tell, and of course an official news bulletin from Apple will undoubtedly be forthcoming. I will be interested to hear what they have to say.
Labels:
Apple iphone kill switch
Monday, August 4, 2008
Cell Phone Upgrades
Most people with cell phones in the US have a 1-2 year contract (usually 2 years). This contract provides the customer with a cheap cell phone up front and locks them in to their phone for the duration of the contract.
For some people this is a perfectly acceptable state of affairs. But for the technophile and gadget phreeks, it is a life time sentence.
Further, many companies will not budge very much on the upgrade rebate issue. In many cases, even if you've had your old phone for a year but less than 2, the best you can hope for is a $75 off the FULL retail price of the phone with a 2 YEAR contract renewal. A 1yr contract renewal can result in as little as $25 off.
OK, so what I witnessed while working in the commission driven wireless retail world is that their is usually room to bargain as long as you are dealing with an organization that has power.
This means you need to go to the source and do your business directly from an company owned store. When you do this you bypass the "Authorized dealer" who has no power to negotiate. Literally, the 3rd party dealers usually type your info into the corporate website and get a simple "yes or no" answer.
After you've located the corporately owned store, the next trick is to verify that the sales reps work off of commission.This info is necessary for you to know, because if the reps don't care whether you buy or not, they have no motive to bargain with you.
You can usually spot commissioned reps when they eagerly give you their card if you tell them you'll come back.
I usually ask something like "should I see you, or can anyone help me?". If they are commissioned they usually tell me to see them directly. If not, they don't really push the issue.
As a fail safe, simply ask them if the are commissioned and they will usually tell you.
Understand that the world of wireless sales has many different levels at which its company operates. A the top are the executives and policy makers. They outline lofty goals of how the company should operate that don't always sync completely with the nitty gritty of the real world.
The retail store is the front line (or at least one of them) and what matters most on this front is meeting quotas. Meeting and exceeding quota is what makes reps more money and gets managers bonuses and promotions. Sometimes, the difference between a good month and bad one is a few cell phones or peripherals. This is good for you the customer.
Now, assuming you've found the right type of store, you have to make them want your business enough to work with you.
The best way do accomplish this is to leverage something they want against what you want.
Tell them what you want simply and politely and they will look up your info. The first thing they will do is tell you that you can't get the full discount. At this point you tell them that you have been a good customer and you really just want the new phone, but can't afford the full price. (Or whatever you prefer to use as the reason).
If the rep has the authority, he/she may simply give you the discount. You will likely have to resign your contract, and MAY have to change your plan (So be ware), but at least you got the latest gadget.
IF the rep doesn't have the required authority, ask to speak with the person who does (There is one in every store).
The best tactic is to leverage the purchase of additional service against the discount.
If the store sells other service that you are planning to buy, then try making your purchase, contingent on you getting a discount on your phone. (I.e. you subscribe to their internet service if they give you the discount).
Take it from me, a quota hanging over your head is as bad as having the sword of Damocles inches above you. Sometimes, you feel like doing everything within your power to (Legally) meet that monthly sales target.
For some people this is a perfectly acceptable state of affairs. But for the technophile and gadget phreeks, it is a life time sentence.
Further, many companies will not budge very much on the upgrade rebate issue. In many cases, even if you've had your old phone for a year but less than 2, the best you can hope for is a $75 off the FULL retail price of the phone with a 2 YEAR contract renewal. A 1yr contract renewal can result in as little as $25 off.
OK, so what I witnessed while working in the commission driven wireless retail world is that their is usually room to bargain as long as you are dealing with an organization that has power.
This means you need to go to the source and do your business directly from an company owned store. When you do this you bypass the "Authorized dealer" who has no power to negotiate. Literally, the 3rd party dealers usually type your info into the corporate website and get a simple "yes or no" answer.
After you've located the corporately owned store, the next trick is to verify that the sales reps work off of commission.This info is necessary for you to know, because if the reps don't care whether you buy or not, they have no motive to bargain with you.
You can usually spot commissioned reps when they eagerly give you their card if you tell them you'll come back.
I usually ask something like "should I see you, or can anyone help me?". If they are commissioned they usually tell me to see them directly. If not, they don't really push the issue.
As a fail safe, simply ask them if the are commissioned and they will usually tell you.
Understand that the world of wireless sales has many different levels at which its company operates. A the top are the executives and policy makers. They outline lofty goals of how the company should operate that don't always sync completely with the nitty gritty of the real world.
The retail store is the front line (or at least one of them) and what matters most on this front is meeting quotas. Meeting and exceeding quota is what makes reps more money and gets managers bonuses and promotions. Sometimes, the difference between a good month and bad one is a few cell phones or peripherals. This is good for you the customer.
Now, assuming you've found the right type of store, you have to make them want your business enough to work with you.
The best way do accomplish this is to leverage something they want against what you want.
Tell them what you want simply and politely and they will look up your info. The first thing they will do is tell you that you can't get the full discount. At this point you tell them that you have been a good customer and you really just want the new phone, but can't afford the full price. (Or whatever you prefer to use as the reason).
If the rep has the authority, he/she may simply give you the discount. You will likely have to resign your contract, and MAY have to change your plan (So be ware), but at least you got the latest gadget.
IF the rep doesn't have the required authority, ask to speak with the person who does (There is one in every store).
The best tactic is to leverage the purchase of additional service against the discount.
If the store sells other service that you are planning to buy, then try making your purchase, contingent on you getting a discount on your phone. (I.e. you subscribe to their internet service if they give you the discount).
Take it from me, a quota hanging over your head is as bad as having the sword of Damocles inches above you. Sometimes, you feel like doing everything within your power to (Legally) meet that monthly sales target.
Say no to Early Termination Fees!
Ely Rosenstock of "crastinate" has come up with a really clever approach to convincing Verizon Wireless that under the terms of his contract, he was entitled to cancel his plan without paying an early termination fee.
As he and others have pointed out, this tactic worked only after much perseverance and multiple converstaions with different Verizon reps. However, given that the average early termination fee (ETF) can run from $150-$250, your time could earn you $50-$250 an hour! (Depending on how long it takes you to argue your way out of the ETF).
When I saw this it occurred to me that Verizon legal will undoubtedly be revising their contract to close this "loophole" and other wireless providers may seek to do the same.
In any case, Mr. Rosenstock deserves credit for bis hard work and ingenuity!
As he and others have pointed out, this tactic worked only after much perseverance and multiple converstaions with different Verizon reps. However, given that the average early termination fee (ETF) can run from $150-$250, your time could earn you $50-$250 an hour! (Depending on how long it takes you to argue your way out of the ETF).
When I saw this it occurred to me that Verizon legal will undoubtedly be revising their contract to close this "loophole" and other wireless providers may seek to do the same.
In any case, Mr. Rosenstock deserves credit for bis hard work and ingenuity!
Labels:
Early Termination Fees
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