JT

 

/crickets

No one? Well, as a mindless fanboy, it’s my duty to throw out some irrelevant facts in an attempt to obfuscate the reality of Apple’s horrible labor practices in China.

One of the arguments upon which the current toxicity of anti-Apple venom is based is that Apple releases products that are so utterly compelling (yet not really, but we’ve all been duped into main-lining whatever the company produces) at such a breakneck pace that we can’t help but toss our old kit in favor of the One More Thing. If that’s a strike against Apple, it’s a game’s worth of outs against their competitors. In 2011, Apple released the iPhone 4S and the iPad 2. Apple’s competitors were a little more aggressive: both HTC and Motorola released 5 shartphones; Samsung released 12.  HTC released the Flyer tablet, Motorola introduced 2 versions of their XYBoard tablet, while Samsung put out 3 major versions of the Galaxy Tab.

2011 also marked major operating system releases for Android and iOS. iOS 5, released in October, will run just fine on a 2009 iPhone 3GS. Google also released its v4 of Android, Ice Cream Sandwich, when it announced its third “Google phone”, the Galaxy Nexus in October. Adoption of the Android 4.0 has somewhat lagged  behind its iPhone counterparts: 40% of all iPhones run iOS 5; around 1% of all Android phones run Android 4.0. But all the manufacturers and carriers have plans to upgrade…most…of their phones, so that’ll totally change any day now.

So on the one hand we have a manufacturer that releases one version of its smartphone and tablet offerings per year and offers OS upgrades instantly to phones they made over 2 years ago. On the other hand, we have manufacturers that vomit multiple versions of their shartphones and tablets into the market every year. The vast majority of these phones and tablets ship with out-of-date operating systems and the total adoption of their most current version is a rounding error.

I guess you don’t get to be a focus of scrutiny if your shit doesn’t sell, never mind all the models you fling at the wall in an attempt to get them to stick. But maybe all the criticism is directed at Apple because all of these other manufacturers do such a good job monitoring their supply chains. Let’s take a look at Apple’s chief competitor, Samsung.

Forging through Samsung’s “About Us” pages to find anything about supply chain reporting – the kind with actual numbers – was kind of an adventure. To Samsung’s credit, the pictures are much prettier than the ones you’ll find in their financial reporting. They have an “ethics charter”.

Bonus points for the use of "Win-Win"

It comes with its own emblem, which should be standard for all Ethics Charters, IMO:

Samsung Sells Shartphones Assembled by the Seashore

What it doesn’t present is a lot of data about its third-party suppliers. One document  that does look promising is its comprehensive Sustainability Report (pdf), especially the part about “Major Questions” that lists the categories of queries made of the company from stakeholders.

 Looks like we’re getting to the heart of the tough issues Samsung has to address on a regular basis. Let’s see…where’s page 28?

So…how about Foxconn? China? Guess that’s not really a focus of the report – at all.  Of course, this only reflects one reading of the 88-page report. It could be in there somewhere. There’s also no mention of a partnership with the Fair Labor Association. Guess we’ll have to trust that Samsung makes sure its partners do the right thing, despite there not being any quantitative evidence supporting it. But hey: if pretty pictures and socially responsible corp-speak do it for you, Samsung totally nailed it.

It’s also rather telling that in an industry that seizes upon any strategic advantage it can get against Apple (the XOOM offers the FULL INTERNET with FLASH!), the other companies using Foxconn have been strangely silent regarding Apple’s labor practices. Wouldn’t you want to milk that black mark for everything you could? Well, I guess you would if you wanted people to start asking – in ways that can’t be answered with colorful charts and mission statements – about your commitment to supply chain ethics.

As is the case with a lot of issues – from user privacy to responsible management of the supply chain – Apple’s success makes it the subject of an inordinate amount of scrutiny. One of these days, maybe there will be some room under the microscope for other companies that use human capital in China to face more of the breathless accusations that seem to be reseved exclusively for Apple.

But I doubt it.

 

I was a little concerned about the piece that ran on Nightline Tuesday night documenting conditions inside Apple’s Foxconn facility, especially when the ABC got through all of its disclosure about the intersection between Apple and Disney’s interests. I thought “they have to slam Apple just to appear impartial”.

In the end, I think it was fair assessment, one that included not only conditions within the plant, but those of the villages outside the plant where a number of its employees come from. Context like that will probably only make student groups and assorted slacktivists howl about smoke and mirrors. Where are the 12 year old workers?! Where are the 15-bed cement tomb dorms?!  I guess they can rest assured that when it comes to Apple, someone will always be looking to cash in off of their westerner guilt or get them to sign another online petition. Keep doing your parts, guys. And by that I mean the parts that do nothing besides make you feel better that your parents have money.

Via Nightline*

*Updated with link to full report.

 

Maybe something representative of the user experience. Maybe something that depicts how the user will feel once they realize they’re essentially running iWindows OS on top of Windows 7 for no good reason. Let’s show people what that would look like against all of our previous logos to give them a sense of how it evolved.

Hmmm…needs more fire.

 

As much of a resource as Gizmodo is for the latest Lego news, it’s part of Gawker and, well I guess I can put a period after that. Because they make a lot of their money writing dick things about Apple, the company stopped inviting them to press events long ago. When Gizmodo bought a stolen prototype of the iPhone 4, they were dicks to Steve Jobs when he asked for it back. Their site went on to register millions of pageview from stories about Apple’s stolen phone. The editors involved escaped prosecution for the crime, apparently because they were under 18. The San Mateo County DA had this to say about their journalistic integrity:

“It was obvious they were angry with the company about not being invited to some press conference or some big Apple event…We expected to see a certain amount of professionalism-this is like 15-year-old children talking.”

Unsurprisingly, Gizmodo also reads like 15-year-old children writing. So why would the highly-esteemed Gray Lady share anything with populist hit-whores more interested in pageviews than actual journalism?  For acting like populist hit-whores more interested in selling copy than actual journalism. That’s right: it looks like the New York Times has been Gizmodoed, which can either mean having Apple bitch-slap you with your press card or having your trade show pranked. I’m sure there’s a bunch of other things it could mean, but I’m only halfway through my first cup.

The real victim here is Times tech guy David Pogue, who was locked out of the Mountain Lion preview given to dozens of his tech press peers, and – how do I say this kindly – some people that were not. He was reduced to pulling impressions from other writers before he could get his hands on the developer preview, which was made available to all the unwashed through Apple’s Developer Center yesterday ($99 annual membership to ADC required). The shame is that Pogue’s reviews do right by Apple and he had enjoyed a Mossbergian level of access prior to the hilariously unsourced singling-out of the company for its labor practices with Foxconn in China. He should check in with those Business Section guys and thank them for “breaking out the gimp” on his career.

Update: Gruber confirmed what commenter Spade mentioned: Pogue had the same level of access as the rest of the technorati. Apparently he was next in line for an interview with Schiller.

 

I’m a big fan of Kirby Ferguson’s “Everything is a Remix” video series, which explores how the evolution of different types  of media is actually pretty incestuous. The premise of the series is something that appeals greatly to common sense: most everything that we come to enjoy is derived, repackaged or otherwise morphed from one or more ideas that came before it. If you listen to anything on the radio nowadays or look at what’s playing at your local multiplex, you’re quickly made aware, to a nauseating degree, how little original content exists. Original ideas are hard to come by, and even harder to transform into anything of value. One could argue that in today’s society, no idea is truly original at all.

The first three installments of Ferguson’s series were hard not to like because they didn’t judge the act of taking or “borrowing” from ancestral work to make something new and sometimes better. I got a chuckle seeing all of the ways Quintin Tarantino pulled from dozens of classic films to create his work, right down to the camera angles. It seems that this unfettered sourcing of prior work could do nothing but add to the value of the original, except in the case of remakes like “The Last House on the Left”, which was horrible by any account.

The fourth (and perhaps last) installment, however, moves from the world where everyone benefits from artistic borrowing and focuses on the evolution of the system designed to protect the rights of the developer: the concept of intellectual property. He begins by pointing out that life on earth began as a single-celled organism that over billions of years spawned every living thing. By all accounts, that turned out pretty well. This used to be the case with ideas, but through a series of acts designed to make the act of creation more valuable than the act of copying, the ability to borrow has become compromised to such an extent that it’s hindering our progress. I agree with this generally, but Ferguson gets a little loose with some of the details. You probably won’t be surprised to read that the exception I take involves how Apple is depicted as using intellectual property, which he bundles together with the acts of patent trolls like Paul Allen, who uses a “suing to make a buck” philosophy to line his pockets while stymieing innovation.

He opens, as anyone who would want to lump Apple together with patent trolls, with Steve Jobs’s statement that “great artists steal”, then leaping to the Jobs quote that appeared in the Isaacson biography of Jobs wanting to go thermonuclear on Android because it was a stolen product, as if these are diametrically opposed viewpoints. I submit that the types of things “stolen” from Apple do not resemble those things “stolen” from Android. Jobs took the embryonic ideas from his (paid) tour of Xerox’s PARC research and rendered the first true consumer GUI. Google took an established, extremely successful product and swiped significant components of what made it a successful in the market. Unfortunately for Google, Apple was already burned on the intellectual property playing field and worked meticulously to patent the parts of the iPhone (and later iPad) it felt were original. The inspiration and subsequent iteration of PARC’s ideas by Apple did not happen the same way that Android took from the iPhone, which leads me to my counterpoint: let’s look at a famous example of what happens if one cannot protect their innovations.

The history of Apple’s beef with Microsoft over the “look and feel” of the Macintosh OS is well-documented. Apple commercialized the modern desktop metaphor and Microsoft brought a very similar product to market. Apple unknowingly allowed Microsoft the legal right to do it, and I would argue that this turn of events, combined with Microsoft’s decision to license its OS to several manufacturers, led to its ascent and eventual dominance in personal computing at the expense of Apple. This inability to leverage the intellectual property framework almost led to the company’s demise. This is a case of the best product being pushed to the verge of obsolescence in part because they couldn’t protect their invention. Once taking back the reins at Apple, Jobs was able to radically innovate again, this time making a point to protect the company’s innovations to the greatest degree possible, not to land lucrative licensing agreements with imitators, but to do what intellectual was intended to do: protect the investment of creators from copiers.

You can argue that intellectual property is the devil, but the fact of the matter is that its a tool. Paul Allen wants to use it to squeeze money out of its loosest interpretation without having an actual product in the real world to represent it; Apple wants to protect the stuff it makes. The “social evolution” that Ferguson speaks of in the final installment of “Everything is a Remix” is a nice concept, and the current state of intellectual property-based assaults by some parties makes the idea even more compelling, but at its core, in a world where companies spend billions to bring their products to market and stand to lose that and more if those products are allowed to be “slavishly copied”, it’s a much more romantic than practical one. The absence of innovation protection can be as bad as its abuse.

 

The Cult of Mac article Gatekeeper: First Step Towards App Store-Only Software On The Mac? has a slightly misleading title, but a site’s gotta eat, I guess. Let’s break it down:

Screenshot courtesy of The Verge

Mac App Store – our preferred method, at least until the one below becomes the standard.

Mac App Store and identified developers – because we care enough to verify what goes on your machine (which is more than we can say for some platforms), we want to make it easier for developers to achieve “trusted” status and we want a way to control installs from developers caught dabbling in the dark arts. Android apologists note: this is the default setting.

Anywhere – we don’t care where you get it from, but rest assured any response from us to your linkbait malware headlines will state that this was the setting you had on your machine when your bank called with the bad news. We think controlling which apps are installed on your machine is a good thing, but you have a right to disagree.

 

I was caught totally flat-footed on this one, which I think was the case for a lot of Apple’s followers. The Verge’s Nilay Patal has a nice write-up and video here.

It’s no surprise that Apple is continuing to migrate iOS features such as Messages, Game Center and Airplay to its desktop OS.  I could do with fewer skeuomorphs, but it’s an easy trade-off against more Apple “just works” device integration. Mountain Lion is a beta now, and scheduled for release this summer.

 

There’s a lot of stuff covered on the Apple beat daily, usually by multiple blogs. Because I tend to dwell on one topic and post infrequently, I’m going to try something a little different: taking some of the headlines from my RSS feed and commenting on their gist. The news items are plucked somewhat randomly, as 12 other blogs usually post something on the same issue within 20 minutes of each other. Some other pieces are thrown in for “color”. I’m hoping this is a way for me to add a small amount of original commentary on topics I’d either never get to or before they are processed to death by the technorati blogging machine. Comments/suggestions are always welcome.

RantSS for 2-15-12

Your iPhone’s Privacy Sucks Because of Apple—and Even Steve Jobs Agrees – Jizzmodo

We’re taking the address book permission issue and blaming it on Apple, because Google Analytics tells us that baiting people in possession of common sense accounts for 93% of our traffic. We even found a video of the brilliant dead guy who ran the company being quoted on a somewhat similar issue out of context.

Did Samsung just reveal a Galaxy Note 10.1 for MWC? – The Verge

Samsung makes a 5.3″ Galaxy Note, which is a giant phone with a stylus; they also make a 10.1″ (7″ and 8.9″) Galaxy Tab, which are tablets. The “10.1″ Galaxy Note” is either a PR screw-up created by the confusion inherent in maintaining a product line consisting of a bajillion undifferentiated knock-offs or of jamming a phone into a 10″ tablet is sheer deperation. Both possibilities are even money.

How Realistic Would a Robot Have to Be for You to Have Sex with It? – Jizzmodo

Read about the trending topic at all the Jizzmodo IRL meet-ups.

Apps uploading address books is a privacy side-show compared to DPI – TechCrunch

Deep Packet Inspection is a lot more intrusive than what Path did. Here’s a bunch of companies that do it now! Did we mention that more than 50 other apps do what Path did? Have we covered how Apple’s address book permission policies allow Path and others to do these things? Did we mention that TechCrunch enjoys 100% editorial independence from potential influencers like CrunchFund?

Video: Photoshop CS6 Content-Aware Move, Extend Makes Us Drool – Mac|Life

Here’s one feature that you can use to justify spending $600 on a program that’s now 90% feature redundant with programs costing 5% as much. Remember to fasten your bib prior to buffering.

News: Realmac Software releases Clear - iLounge

Absolutely every other tech site has reported on this app and I’m stumped as to why this is. It’s maybe the 12th most useful and 3rd prettiest app in the most crowded category of the App Store, but I predict it will be upheld as an example of app excellence because you can pinch, spread and pull to manipulate the UI. For this reason it will also be a deserved object of competing platforms’ ridicule.

FLA head describes Foxconn plants as ‘way above average’ – MacNN

/cue Change.org response about 1. the FLA being paid plants with no objectivity, 2. use of the term “average” and a warning to guilty westerners that “average” in Chinese means life-threatening and/or soul-sucking. 3. Apple having too much money, gotten through arbitrary means and compounded at an interest rate derived from the value of the souls and backs of cheap, exploited labor.

Congress Wants Answers From Apple On Apps Stealing Address Book Contacts – Cult of Mac

Dear Mr. Cook:

I really don’t have a clue about technology, but I do know that your company receives the vast majority of technology coverage in the media today, which means my political future could stand to benefit from your answering my questions relating to an ongoing issue that has only recently been getting media attention. Apple has a track record of answering inquiries issues from elected officials, so I have a better than average chance of being able to parley this letter into some future favor among this country’s younger voters.

I’ve cut and pasted something taken from various blogs across the intertubes that I think frames my inquiry, and juxtaposed it against an excerpt from your own developer guidelines in a way that I think makes it look like something important. The following is a list of questions, most of which overlap each other, that I will have a young person on my staff, Felipe Mendoza, to translate the answers to in “elected official speak” for me. I’ve added a respond-by date, because I want it to look like I mean business.

Sincerely,

Some generic politician

Some trumped-up title

Some subcommittee that does nothing

Apple: iOS update to require user permission for apps to access contacts – Macworld

Last call for all editorializing about Apple’s contacts permission policy, 7 day extension granted to all blogs who want to bitch about how it should have been done sooner.

To Read, Or Not To Read – parislemon

Sigh.

 

Proview Shenzen is a company that is financially one clockwise revolution away from the sewer pipe. Its only asset is a name, a name for which Apple has a licensing agreement with the company in 10 different countries, including one with China under a Taiwanese affiliate. Proview claims that the agreement is not valid, and at least for now some judge in China agrees. Proview is lobbying the Chinese government for Apple to either pay them off or use the infringement on their trademark to not only block the flow of iPads into China, but also block their export from the assembly facilities that Apple (and no one else) so famously utilizes in-country. Proview’s claims have allegedly prompted Apple to pull the iPad from some Chinese retailers, such as Amazon (this is according to a spokesperson from Amazon, a company that in no way competes with Apple and would totally not have a reason to pull it off their site prior to Apple asking). For something that I guarantee will turn out to be a non-issue, variations of this story have been popping up in blogs everywhere for the last month. But that’s the core truth of what constitutes 99.9% of Apple “news”: bullshit that is guaranteed to blow over repackaged in semi-titillating headlines. Let me give you a sense of what’s going on in China regarding Proview, ripped from the pages of my latest screenplay titled “Make Linkbait Hay While the Media Sun Shines, You No-Value-Added Little Bitches” (it’s a working title):

(phone rings)

Chinese government: ”Hello, Chinese government”

Tim Cook: ”China? Oh, I’m sorry, I thought this was Brazil”

CG: ”No, China here. Who is this?”

TC: ”It’s Tim Cook over at Apple. Listen, I’m sorry, I meant to call Brazil. I’ve got a shitload of business to discuss with them…”

CG: ”Business?”

TC: ”Yea, boring stuff, really. I guess they don’t have as many bankrupt assclowns wanting to fuck with our supply chain or cash in on moo shu wrapper-thin IP. That reminds me – I have to catch up with you later to talk about demobilization phasing. Anyway, gotta go!”

(click)

GC: 

 

Disclaimer: I love MG Siegler. I think he’s one of the best writers on the Apple beat today. He’s smart, has access, quotes popular movies to make his points and uses foul language. He’s the complete package. That said, I have a beef, which started taking shape a couple of weeks ago.

When the Times ran its hit-pieces on Apple’s China manufacturing, I was plenty pissed. I waited for other tech writers I respected to vent their speen, but the outcry from people I expected to go after the Times didn’t happen. Gruber’s response didn’t really shock me. He linked to some stuff by Krugman about how people who criticized Apple didn’t understand how global manufacturing worked. I guess for him to step out against a news source largely identified as “left-leaning” would have resulted in some kind of Directive 4 shutdown. I also looked to Siegler and got something, but it was not the profane, knife-twisting that would provide my point of view with vindication. It was decidedly weak tea. After some delay, I began banging out some screed, but I was largely disappointed that the big names covering Apple had apparently phoned it in.

Fast forward to the recent Path fiasco. Straight up: I don’t give a shit about Path’s purported jacking of my address book. There’s a lot more profitable companies with some pretty mediocre products jacking my personal information. I think the practice in general is shitty, but I’ve been conditioned to the point where unless the jacking is balls-to-the-nose obnoxious or done by an app that exchanges it for no value, my sentiment is anecdotal and mostly based on how well it’s executed. Path didn’t execute its jacking very well. It didn’t allow users to opt-in and it got outed by a geek Carrier IQ-style. Path double-clutched, people got mad, Path relented and did the right thing. Case closed, right?

That’s where things break down a little for Siegler. For context: MG moved from mostly-writing to sometimes-writing and mostly VCing, which is great for him. I thought his talents were largely wasted by pointing out the obvious to Apple naysayers.

/sigh

Anyway, he now spends a lot of his time with Michael Arrington managing CrunchFund, which is a VC fund started when Arrington still headed TechCrunch, but is now autonomous. I thought the fact that TC created a vehicle funded by and sponsors of businesses in the sector about which TC writes was stinky cheese, but I threw my feelings in the big bucket labeled “Michael Arrington”, shrugged and moved on. Until Path, that is.

You see, in the course of all the gang-stomping Path was bound to take, most of it warranted, Arrington called out the Times’s Nick Bilton for drawing out Path’s transgressions in all of the comically one-sided and selectively factual style that I’ve come to expect from them (minus the dozen anonymous sources leaned on in the Apple-Foxconn articles). The fact that CrunchFund is an investor in Path made it a little inappropriate. Then MG piled on, and in that bless-his-soul writing style I’ve come to know and love began a piece that ripped Bilton a new one, then proceeded to rip the tech writing practice in general a new one, in summary: “Most of what is written about the tech world — both in blog form and old school media form — is bullshit”. As someone similarly sick of the phenomenon, the words were directed straight at the choir, but in the context of his new role, belied an obvious conflict of interest. It got worse. He went after a Gawker’s Ryan Tate, something I’d normally celebrate naked, but did it in defense of Path. A perfect opportunity to char-broil the blog network guilty of the most legendary mishandling of user information in recent memory (which cost me money just last week –  #fuckyouNickDenton) was squandered. Meanwhile, the people who might take exception to Siegler’s screed – and that boy had compiled quite the list – now had a 50′ strawman to light up. While numerous writers nibbled around the juicy center, the writer who ended up wielding the torch was none other than Dan Lyons. He got ahold of the issue and – strike me dead for saying this – wrought a piece of damning firebrand that had me nodding my head with respect and self-loathing in equal parts. MG, who is the only person I’ve read who possibly hates Lyons more than I do, retaliated. Arrington tried to high-road him, which is just about as funny to actually read as it is to envision reading. To channel Siegler, this was about the time in Animal House when Belushi yells “Food fight!” and the cafeteria explodes into a cloud of flying lunchgoods.

To me, MG Siegler represented one side of Apple’s coverage: informed, aligned with reality, speaking truth to stupid. Lyons was firmly entrenched on the other side: almost always contrarian (where the establishment is represented by “logic” and “facts”) and one of the most articulate pure click-baiters in the blogosphere.  I’ll continue to read Siegler, but I’m a little disappointed that he’s letting his current involvement with Arrington and CrunchFund compromise his attempts to righteously crucify idiots like Lyons. By definition, he can never be right about Path. Every word used to take down those who want to pile on will be another squirt of gasoline on the fire, no matter how smart, astute or funny they are. The smartest thing he can do at this point is to stop writing about it. I hope it’s a lesson he carries with him in his future VC endeavors. Let Arrington wave his hand dismissively at those pointing out the inappropriateness of mixing self-interest and content – no one expects more from him. Let other hacks walk into punches like this.

And screw you for making me concede anything to Dan Lyons.

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