There are always issues when you get to the topic of fruits. One is the question whether it applies to the members of the US congress (the members of the US Senate are usually labelled as nuts). Is it an issue with actual nutritional products or are we talking about the device that Newton used for gravity? Yes, it is the third one as Newton discovered gravity with an apple.
Yet even here we see two sides at present. The first one is seen with ‘iMac Pro: Apple launches powerful new desktop – starting at $4,999‘ (at https://www.theguardian.com/technology/2017/jun/05/imac-pro-apple-launches-powerful-new-desktop-macbook-starting-at-4999). Here we see the quote “The new iMac Pro starts with an 8-core Intel Xeon processor, but can be configured with an 18-core processor variant, as well as up to 128GB of EEC RAM, 4TB of SSD storage and Radeon Vega discrete graphics cards with up to 16GB of memory“, you see, Apple, like Microsoft, IBM and since resent ASUS have become agents of iterations, true innovation has not been on their shores for too long a time, which is why my new device is for consideration with Huawei and Google alone. Only they have shown the continued race for actual innovation. there is also Samsung, but as I had a legal issue in 1991, I took them from the consideration list, I can hold a grudge like only the Olympian gods can. Still in their defence. the question becomes how can you make a computer truly innovative? It is a question that is not easily answered. there are a few options, yet some of the technology required is still in its infancy here.
In addition, in similar ways, iWork has been unable to grow due to the restrictions (read: limitations) that the suite offers. Instead of trying to persuade the Microsoft Office users (which is not a bad path), iWork has not grown in the directions it could and they are now paying for it through reduced exposure. Still, there remains a valid opposition to my accusation of: ‘have become agents of iterations’. To see this, we cannot just state that there is a new iMac and as such they are merely iterating. There is in addition the issue of hardware versus software. So in my view, a true innovation would have been a Wi-Fi upgrade, not just a faster system, but a system that is keyed to the home and mobile devices. As we are now a little over a year from the first steps of 5G, as we are all more and more connected via different devices, Apple left out in the open a huge sales opportunity by having the options of having devices linked and interlocked. A missed opportunity. You see as bandwidth becomes more and more an issue, as we tend to have a home bandwidth that is 100 times larger, having the option of the auto upgrade manager on your desktop device (iMac). So when you come home, apps and content will be distributed to the devices you want them to placed in. So at home ‘without even thinking’ (sorry Microsoft for using your Windows 95 slogan). the devices will do what needs to be done and you need not mind. You see, as people are trying to push Block chain into every financial corner, those people forgot on how block chains can also be the foundation for users on multiple devices. Now that is not always needed, because we get mail in the cloud, data in the cloud and via the cloud, but that is not for everyone. In addition, people forget about the photo’s they took and they do not always want that in some cloud. There are legions of options here, but at time we want some of this offline. finally, as we do specific tasks (for example on a train), we prefer not to lose too much bandwidth whilst on a train. Tablet and mobile bandwidth can be expensive. In equal size we tend to forget how large some files are and as such we could rush through our bandwidth in no time. This is just one of two options and we have seen very little development in that regard. Apple might want to let others develop it first, but that also leaves them with less when they need to have that additional step forward. It was a mistake Microsoft hid behind for the better part of 2 decades. In that same approach we see how consultancy and project software could benefit a different side in their designs. Now, that is not for Apple to side with, but it could have been an opportunity to grow in new directions. Anyway this is not about starting a fight on 3rd party vs others, this is about iteration vs innovation and Apple has been reluctantly innovative.
This gets us to the other side of it and here I am not siding with Apple, but I am wondering if Apple has been treated correctly. This we see in ‘Apple ‘error 53’ sting operation caught staff misleading customers, court documents allege‘ (at https://www.theguardian.com/technology/2017/jun/05/apple-error-53-sting-operation-caught-staff-misleading-customers-court-documents-allege). Now first let’s take a look at the error 53 part. The issue is that “‘Error 53’ is a message that occurred after updating to iOS 9.0 on iPhones of people who had had their TouchID fingerprint sensor replaced by a repair shop not licensed by Apple. The phones were rendered useless because the operating system update detected a mismatch between the sensor and the phone, and locked the device, assuming unauthorised access was being attempted.”
Now here we see two sides.
In the first side we see “Knives damaged by misuse, improper maintenance, self-repair, or tampering are not covered.“, this is something Buck knives has in play. By the way, this comes with a life time warranty so that remains awesome. In addition, for decades TV warranties were voided if unauthorised repairs were made (or repairs by unqualified repairman). With laptops there was Compaq, who would void any warranty if a non Compaq technician had worked on it. They even created special Compaq screwdrivers to keep a handle on it all. So when we see ‘replaced by a repair shop not licensed by Apple‘, I am not certain if the ACCC has a case, they have not acted against Philips, Sony and a few others for the longest of times.
So when I read: “accuses Apple of wrongly telling customers they were not entitled to free replacements or repair if they had taken their devices to an unauthorised third-party repairer” I remain in doubt whether they have a case.
So when we see “Australian consumer law clearly protects the right of a customer to a replacement or free repair if the product is faulty or of unacceptable quality“, which I agree with, yet the owner did not go to Apple, did they? I have had my own issue with Apple in this regard (different device), yet can we agree that when we read: “It is however important to note that if a non-genuine part is fitted to your Toyota and that part’s failure or the incorrect fitment damages your vehicle, then that damage may not be covered by your Toyota Warranty“, so how can something that applies and is valid for Toyota is not valid for Apple?
I believe that ACCC acted out with another agenda. The need for warranty protection by having repairs done by authorised service people has been in the axial of repairs for decades. In addition, when we look at the facts, why would ANYONE go to a third party for warranty repair? That is just insane. So when we read “wrongly telling customers they were not entitled to free replacements or repair if they had taken their devices to an unauthorised third-party repairer“, I am actually wondering how they could come to the conclusion ‘wrongly‘. You see when we read: “Australian consumer law clearly protects the right of a customer to a replacement or free repair if the product is faulty or of unacceptable quality” we now wonder how true that is. You see, warranty is either valid (Apple fixes it for free), or it is beyond the warranty term and you have to pay for it and then it is no longer done for free, so you might select a third party. Yet if this is not an Apple authorised dealer, don’t you have anyone but yourself to blame?
So this is the other side of the apple, what constitutes voided warranty.
You see, if Apple loses this part, I can start repairing Raytheon’s Griffin systems. You see the upgrade (from C to C-ER) and equipment alignment costs are roughly $15,000 per day (excluding parts), if you do not have the proper Service Level Agreement. I can offer to do it for $5,000 a day. so if my work is shoddy (which they will not know until they fire the device, I can be very innovative towards my income), can they apply for warranty at Raytheon, or have they voided their options? You see I will have a NDA with a ‘this repair has been completed to our highest corporate standards’, so I am in the clear and the way the world goes, with 225 upgrades, I will have a decent Christmas this year. Yet at that point the ACCC will not go after Raytheon, it will go after me (what a whuzzes). So how come that the rights of Raytheon are better than those of Apple?
It seems that people assume so much with their mobile devices nowadays, I need to wonder if people comprehend what they buy and what responsibilities come with it. In this the initial question ‘Why did you not take your device to Apple?‘ is one that is not addressed at present and as such I have little faith that the ACCC has a decent case at present (in the shape we saw presented today).
the second and first part interacts as the upcoming shifts will in equal part see new frontiers in Service Level Agreements, Customer Responsibility and the comprehension of the elements covered in a warranty. Because what is included is likely to shift a fair bit over the next 2 years. In addition, innovation is also a shifting concept. Whilst it was “a new idea, device or method”, we (read: the corporate marketing departments) have often seen it as ‘the application of a solution that allows to meet the new or altered requirement of the customer‘ which we get when we iterate with a more powerful processor, more storage, larger screen. So going from 1080i to 5K screens might be accepted as truly innovative, because that took another level of screen and electronics. Yet at times, the pass through of merely upgraded speeds are also seen as innovation, yet at what level is that? When the device remains merely the same to the largest extent, is that not merely iteration?
So here we see the two sides of the other Apple. What we see, what the maker offers and how we both interpret the presented term of innovation.
Lawrence van Rijn - Law Lord to be 