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Archive for February, 2010

Last week we posted an eBay auction where the seller—an ex-employee of Apple—was selling a broken step from the Fifth Ave New York Apple store. Threatened with legal action, he was forced to remove it. Here’s his story.

Hi. Iʼm Mark Burstiner. I host a show called The Circuit. Iʼm an all around geek, Iʼm a project manager on a freelance basis, and I consult in digital strategy. I want to talk to you about a story thatʼs still unfolding.

It may seem trite, but for me, itʼs about the principle at this point. I also want to thank Gizmodo for taking this story, and allowing me to publish it in my own words. Multi billion dollar corporations should not be able to bully an innocent ex-employee into cooperation, especially when the corporations are at fault.

A year and a half ago, I was an Apple employee at the Fifth Ave flagship store. In that time, there was a silly, unfortunate accident. A woman came down the magnificent spiral staircase, and dropped a Snapple bottle. Yes, a Snapple bottle. After bouncing once or twice, the bottle severely cracked one of the steps. Since these steps are so well engineered, the structural integrity of the step wasn’t compromised, but it was certainly a cosmetic problem. Later that month, four or five very big men came to replace the step with a new one. After they were finished, and the steps that were replaced were out on the curb, I left the store. Off the clock and in civilian clothes, I asked the contractors who were there on behalf of Seele, the manufacturer, if I could have a step. “It could be a collectible some day,” I said. They, of course, saw no problem with it, and even collectively helped me lift it into a vehicle. That is the story of how I came to be in possession of a step from the spiral staircase at Apple Fifth Ave.

Fast forward to six days ago, February 20, 2010. Iʼve been cleaning up my apartment, because Iʼm going to be moving soon, and I realized I really didn’t want to move (for the third time) with this step. It should be about time I put it up on eBay, see if anybody wants it and see if I canʼt make some cash to help with moving at the same time. That makes sense, right? I mean people end up with rare memorabilia all the time. After all, I did procure it through totally legitimate means. I asked for permission from the person whoʼs possession it was in. They helped me lift it into the vehicle for chrissakes. We should be all hunky dory, right? Wrong.

The very next day, the eBay posting got a lot of press, and it even ended up here on the Giz. Not 24 hours later, the stair was up to $255, dozens of eBay questions, and 200+ watchers with 9 days to go on the auction. Things were looking good until I was reached out to by a Seele VP. This gentleman informed me that Apple has caught wind of this and is quite unhappy. He requested I remove the eBay listing so that we may work this out when we both had more time. Of course, Iʼm a reasonable guy, so I complied immediately.

Later that same day, we spoke again. He assured me he was doing me a favor by reaching out to me and requesting that I remove the posting and return the glass step. He repeatedly made the point that if I complied that he would be so kind as so email Apple and tell them Iʼve been cooperative. “Oh, how magnanimous of you,” I thought to myself. As tempting as it might be to relinquish what is now my property, I passed on the offer.

The VP continuously threatened me with “thousands of dollars in legal fees” because both Seele and Apple would not hesitate to take legal action. Even after repeated explanations of how I came into possession of the step, he continued to mitigate for Apple and attempt to make the point that it was Appleʼs position that since I was on Apple payroll as an employee (part-time, non-exempt, off the clock, out of uniform), that requesting the step was on par with giving a direct order to the contractor. That, if you will pardon my language, is bullshit. I donʼt buy it. He proceeded to assure me that Apple would take the position that anything that began in its stores is Appleʼs property. Frankly, Apple can take any stance they like, it doesn’t change the facts.

This man then attempted to convince me that if I were to move forward with not relinquishing the step, that it would be my responsibility in a court of law to prove that I had not stolen it. This, again, is bullshit. In the United States, we are innocent until proven guilty. If Apple would like to attempt to prove that I managed to wrestle a 250lb step from the five very large men handling it, then they are on the good drugs, and I want to know where I can get some.

What this sounds like to me is Seele trying to save face because Apple is furious that they were irresponsible enough to relinquish ownership of the tread. Though it may be embarrassing for both corporations, it may simply be a lesson learned at a high price. Let me put it this way: If you caught a foul ball at a World Series game, got it signed by a player, received a high five from the security guard on the way out of the stadium, and went home, that ball is now yours, right? It started as one entityʼs property, and through a series of consensual transactions, it ended up in your hands. Now, letʼs say a year and a half later, the player who signed it is huge, and you decide to put it up for auction. If the MLB reached out to you and said, “Hey! No way, buddy. That was OURS. Hand it over!” Guess what? That wouldn’t fly.

The next day, we spoke once more over the phone. Again, I heard the same points from the man, but this time I did not take a passive approach. I made it quite clear that if he wanted the step, heʼs more than welcome to purchase it from me, or participate in the eBay auction. He made me an offer lower than the most recent bid on the auction, and I declined. At this point, Iʼve lost time and money due to dealing with this. Not to mention, now that the step has seen some press, the demand is growing. (Iʼve been receiving eBay messages all the way up until this morning.) He assured me if I did not comply, my information would be forwarded to Apple, and the conversation ended.

As far as Iʼm aware, I have done nothing illegal. I have not stolen. I have not deceived in any way. The step is not confidential, and it is not IP. The step is the very same that any New Yorker could see by walking into Apple Fifth Ave. The only thing I am guilty of is taking the risk of throwing out my back through having to move the step multiple times. I saw an opportunity, I asked for permission, received it, and proceeded. I wonʼt allow a major corporation to bully me into a corner. At the time of this posting, it has been seven full days since I put the listing up, and I havenʼt heard from Apple directly a single time. I have every right to sell my property, and I plan to do so.

Hereʼs what Iʼm going to do. Iʼve put the tread back up for auction, but have shortened the auction period from 10 days to 3, starting at the same $200 price point and Iʼm dropping the buy-it-now option. I just want to get rid of this thing. If it sells for a lot, great. If it sells for a little, whatever. Either way, Iʼll keep you posted if I hear from Apple or on any other developments.

I realize this has been long-winded, but it was important to me to share this. I just donʼt think itʼs right for corporations to take cases that might otherwise be passed off as trivial and turn them into a week-long ordeal, all for the sake of paranoia. If youʼve read through all this, thank you. I appreciate your attention and time.

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What’s better than one hands-on report to whet your appetite ahead of the release of a new gadget? Why, two of them, of course, and it’s the convertible ASUS T101MT getting the stereo impressions. The machine has netbook specs (1.6GHz Atom N450 CPU, 2GB RAM, 320GB HDD, etc. etc.) combined with a 10.1-inch multitouch screen, which both of the sites giving early impressions rated poorly. Responsiveness is said to be less than stellar, and while one of these previewers was able to improve it with some extra calibration, precision near the top of the screen still sounds bad. Build quality looks good (for an Eee) and the form factor certainly looks nice, but we’re losing a little faith in this entrant after watching the video below. Check it out for yourself and see what you think, but don’t write it off just yet: these are still pre-production models and a little firmware magic could whip this tablet into shape before its release — whenever that will be.

Continue reading ASUS Eee PC T101MT convertible gets handled twice (video)

ASUS Eee PC T101MT convertible gets handled twice (video) originally appeared on Engadget on Sun, 28 Feb 2010 11:56:00 EST. Please see our terms for use of feeds.

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Capitalism! Sprint was cool offering Palm Pixi for $100, until Verizon’s Palm Pixi Plus slid in underneath at $79. Well Sprint’s having none of that, slashing the original Palm Pixi’s price to a mere $50 for new customers, after all of the rebates and contracts and what have you. Remember, the candybar Pixi doesn’t have Wi-Fi and has a slightly smaller screen than the Pre, but if you or someone you know isn’t quite ready for a big boy phone, a $50 Pixi could be hard to resist. Also remember, hard times ahead for Palm. [Sprint]

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Apple’s famous desire for total control over its operations seems to have extended to its manufacturing facilities as we’ve come across Cupertino’s Supplier Responsibility 2010 Progress Report, which details audits the American company has done of its overseas suppliers and the failures identified therein. The findings are pretty damning on the whole, with more than half (54 percent) of all factories failing to meet Apple’s already inflated maximum 60-hour work week, 24 percent paying less than the minimum wage, 37 percent failing to respect anti-discrimination rules, and three facilities holding records of employing a total of eleven 15-year olds (who were over the legal age of 16 or had left by the time of the audit). Apple is, predictably, not jazzed about the situation, and has taken action through train-the-trainer schemes, threats of business termination with recidivist plants, and — most notably — the recovery of $2.2 million in recruitment fees that international contract workers should not have had to pay.

It should come as no shock to learn that cheaper overseas factories are cutting illegal corners, but it’s disappointing to hear Apple’s note that most of the 102 audited manufacturers said Cupertino was the only vendor to perform such rigorous compliance checks. Still, we’ll take what we can get and the very existence of this report — which can be savagely skewed to defame Apple’s efforts (as demonstrated expertly by The Daily Telegraph below) — is an encouraging sign that corporate responsibility is being taken seriously. We hope, wherever your geek loyalties and fervor may lie, that you’ll agree Apple’s leading in the right direction and that its competitors should at the very least have matching monitoring schemes. They may have to swallow some bad PR at first, but sweeping up the dirty details of where gadgets come from is juvenile and has no place in a civilized world. Hit the source link for the full report.

Apple supplier audit reveals sub-minimum wage pay and records of underage labor originally appeared on Engadget on Sat, 27 Feb 2010 21:53:00 EST. Please see our terms for use of feeds.

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Online retail is nothing new, but now brick and mortar stores want to get in on the high-tech action. The New York Times has a somewhat disquieting look at new technologies that will let you shop ’til your signal drops.

Take, for example, Norma Kamali’s boutique in Manhattan, which recently implemented a system called ScanLife that allows shoppers to find more information on products from their smart phones. So far, so good. But ScanLife also lets shoppers buy those products from their phones, even when seen in passing in a display window, even when the store is closed. Impulse buying just got a whole lot more impulsive.

So, yes, ScanLife will certainly make physical shopping more convenient, but you have to wonder if it’s going to make shopping too convenient.

Whereas ScanLife could make it dangerously easy for you to spend your money, another system called Presence, developed by IBM, could just make it annoying to do so. Presence tracks you as you walk through the store and reminds you of things you might have forgotten you wanted to buy. By way of example, the Times article describes a trip to the supermarket in which Presence beams coupons to your phone in real time as you walk through the aisles and suggests items that would go well with the one you just put in your cart.

Of course, shoppers will have the option of using these new systems; no one is going to force you to augment your shopping. But at the same time, the internet age has a way of sweeping people up into using new technologies, even when the headaches equal the benefits. Presence could let you pinpoint an item’s location in an unfamiliar grocery store, but would this capability be worth it if it came at the price of shopping with an overbearing digital assistant?

The article mentions Crate & Barrel and Walmart specifically as companies who are interested in these types of systems, but you can be sure that all major retailers are considering software that let you use your gadgets to spend more money on their products. Still, I imagine that many people will be content keep on window shopping the old-school way, without their phones and without their credit cards. [New York Times]

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What better way to start your Saturday afternoon than with another Nexus One release rumor. Without further ado, today we’ve got whispers care of Neowin that the recently-FCC’d CDMA device is launching on Verizon’s network March 23rd, perfect timing for the beginning of CTIA. And while that fits pretty neatly into that initial “Spring 2010″ launch window, there’s really no way for us to corroborate at this point other than just taking their word for it. You can wait diligently, can’t ya?

Nexus One coming to Verizon March 23rd? originally appeared on Engadget on Sat, 27 Feb 2010 11:58:00 EST. Please see our terms for use of feeds.

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CNET Editor Donald Bell offers his hands-on impressions of the Yamaha Tenori-On O music sequencer.
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Adafruit’s Monochron kit lets you build custom clocks. You can use and abuse its animated display for whatever evil setups you can imagine, but my favorite is the retro arcade game based animation in this video.

Wonder what happens if that clock ever gets better at playing the game though. Will time freeze? [Adafruit]

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The daily roundup: here’s what you might’ve missed originally appeared on Engadget on Fri, 26 Feb 2010 23:59:00 EST. Please see our terms for use of feeds.

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The device was slated to be delivered to consumers at the end of this month, but Fusion Garage says it will ship a month later due to manufacturing concerns.
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