Apple just isn’t so squeeky clean anymore…

Proview International Holdings Ltd is a major computer monitor maker in China. They have recently brought a case against Apple in Chinese courts claiming infringement on the trademark “ipad”. The Chinese courts ruled against Proview in regards to suspending sales in mainland china of Apple’s iPad devices.

It has now brought the case to California with a view to stop sales of the iPAD in USA.

“Proview accuses Apple of creating a special purpose entity — IP Application Development Ltd, or IPAD — to buy the iPad name from it, concealing Apple’s role in the matter.

In its filing, Proview alleged lawyers for IPAD repeatedly said it would not be competing with the Chinese firm, and refused to say why they needed the trademark.

Those representations were made “with the intent to defraud and induce the plaintiffs to enter into the agreement,” Proview said in the filing dated February 17, requesting an unspecified amount of damages.”

via Apple’s China legal battle over iPad spreads to U.S. | Reuters.

The iSheeple culture Is In Your Mind – Applism in Development

The term Sheeple is one i use to describe people who display herd mentality; many times products and marketing are successful simply because one feels like they wish to be one of “those people” that have “that device”.

Apples products survive solely on this mentality, non of their products are technically very different from any other and quite often they bring a higher price; they are rarely better quality and in some cases are less reliable than their counterparts.  Some will say the design of Apple products is amazing, well, if you like white then yeah i guess you would like Apple products. Personally I grew up with beige and white computers and after many years computers finally got a nice black and metal finish, this was lost in Applism design.

Now to the point of the story, like no other platform, Apple iOS has picked up the lions share of development, even with a far from high market share it got much attention and we found apps being developed for a minority platform. This of course has helped with the growth of the iPhone and iPad and has created an app culture.

The problem is, iOS lacks integration with social networks and email and states that “there is an app for that” rather than innovating and providing built in functionality.  Android does the same, however, believe it or not there are platforms paying attention to how consumers use phones. Windows Phone 7, by Microsoft for example, integrates, Facebook, Linkedin, Windows Live, Twitter, Exchange email, Gmail, Hotmail and the list goes on, all without having to even open the marketplace to get an app.

It has been apparent to me for a long time that there is a strange focus on iOS; my theory is that Apple are secretly paying large software houses to develop for the 0platform then having them sign NDA’s to hide it. This is pure speculation of course, however I have watched the mobile landscape for over 15 years now develop and never before have developers, small or large, developed with such vigor for a platform with very low market share. (this of course has changed over the years but the ratio of market share to developers and app by those developers for the platform has been extremely high in iOS like never before).

Now add on top of this many analysis of the Windows Phone Marketplace demonstrating being the most profitable for developers, and the ability to code across platform (XBOX, Windows Phone and Games for Windows all use the XNA studio and make it very easy for game developers to release across platforms).

Now Peter-Paul Koch, better known as PPK in the web developer community, adds his input on the focus on webkit and iPhone development:

“What we have here is an iPhone monoculture; not in the stats, but in web developers’ minds,” writes Koch. “This is the fundamental problem we must address.”

He goes on to suggest the change needed and I must agree whole heartedly in his comments and find it refreshing for someone with a bit of clout behind them to be stating such:

“Start talking about testing in mobile non-WebKit browsers (i.e. Opera),” he writes. “Start talking about other platforms besides iPhone (and Android). Start talking about mobile diversity, instead of showing the iPhone over and over and over again.”

It’s about time developers start delivering cross platform applications and allow the consumer the choice they deserve, even the sheeple.

via The iPhone Monoculture Is In Your Mind | Webmonkey | Wired.com.

Top 5 regrets of life recorded by a palliative care nurse

This is quite insightful and everyone should take a moment to read these before its too late!

“1. I wish I’d had the courage to live a life true to myself, not the life others expected of me.

“This was the most common regret of all. When people realise that their life is almost over and look back clearly on it, it is easy to see how many dreams have gone unfulfilled. Most people had not honoured even a half of their dreams and had to die knowing that it was due to choices they had made, or not made. Health brings a freedom very few realise, until they no longer have it.”

2. I wish I hadn’t worked so hard.

“This came from every male patient that I nursed. They missed their children’s youth and their partner’s companionship. Women also spoke of this regret, but as most were from an older generation, many of the female patients had not been breadwinners. All of the men I nursed deeply regretted spending so much of their lives on the treadmill of a work existence.”

3. I wish I’d had the courage to express my feelings.

“Many people suppressed their feelings in order to keep peace with others. As a result, they settled for a mediocre existence and never became who they were truly capable of becoming. Many developed illnesses relating to the bitterness and resentment they carried as a result.”

4. I wish I had stayed in touch with my friends.

“Often they would not truly realise the full benefits of old friends until their dying weeks and it was not always possible to track them down. Many had become so caught up in their own lives that they had let golden friendships slip by over the years. There were many deep regrets about not giving friendships the time and effort that they deserved. Everyone misses their friends when they are dying.”

5. I wish that I had let myself be happier.

“This is a surprisingly common one. Many did not realise until the end that happiness is a choice. They had stayed stuck in old patterns and habits. The so-called ‘comfort’ of familiarity overflowed into their emotions, as well as their physical lives. Fear of change had them pretending to others, and to their selves, that they were content, when deep within, they longed to laugh properly and have silliness in their life again.””

from The Guardian on Facebook.

Windows Phone 8 to slay the competiton

While i disagree with some of the “catch up” statements in this article, it certainly details many of the big improvements to look forward to with the next build of Windows Phone.

Many people hate the OS simply due to it’s name, but I believe people are waking up to the rubbish iCrap devices and realizing there is a choice, and a very decent one at that.

Windows Phone is one of them and couple with Windows 8 and the new line of Windows 8 tablets due out, I think Apple have a lot to be scared of.

The below article details the Windows Phone 8 “Apollo” features and changes.
How Windows Phone 8 ‘Apollo’ Would Stack Up Against iOS 5, Android 4 | Gadget Lab | Wired.com.

Apple – Oh ok you can keep rights to your content….

Wired bring us an insightful article on Apples new ibooks EULAs. Apple initially presumed full rights to your works and the content of those works if you charged on the ibooks store for those works, effectively blocking the sale of your publication via any other means.

Since the initial ELUA Apple have modified the terms to allow you to keep the content of your publication even if you are charging a fee on ibooks for it.

However, as described below, this is a dangerous precedence”

“Dan Wineman, an iOS/Mac developer, wrote a well-circulated post titled “The Unprecedented Audacity of the iBooks Author EULA” (all italics are same in original):

Apple, in this EULA, is claiming a right not just to its software, but to its software’s output. It’s akin to Microsoft trying to restrict what people can do with Word documents, or Adobe declaring that if you use Photoshop to export a JPEG, you can’t freely sell it to Getty. As far as I know, in the consumer software industry, this practice is unprecedented. I’m sure it’s commonplace with enterprise software, but the difference is that those contracts are negotiated by corporate legal departments and signed the old-fashioned way, with pen and ink and penalties and termination clauses. A by-using-you-agree-to license that oh by the way asserts rights over a file format? Unheard of, in my experience.”

“Here’s the text of both versions of the EULA, as spotted by TNW’s hawk-eyed Matthew Panzarino:

Here’s section 2B of the new EULA (with key new text in italics):

B. Distribution of Works Generated Using the iBooks Author Software. As a condition of this License and provided you are in compliance with its terms, works generated using iBooks Author may be distributed as follows:

(i) if the work is provided for free (at no charge), you may distribute it by any means;

(ii) if the work is provided for a fee (including as part of any subscription-based product or service) and includes files in the .ibooks format generated using iBooks Author, the work may only be distributed through Apple, and such distribution will be subject to a separate written agreement with Apple (or an Apple affiliate or subsidiary); provided, however, that this restriction will not apply to the content of the work when distributed in a form that does not include files in the .ibooks format generated using iBooks Author. You retain all your rights in the content of your works, and you may distribute such content by any means when it does not include files in the .ibooks format generated by iBooks Author.

And the same section in the old EULA:

B.Distribution of your Work.As a condition of this License and provided you are in compliance with its terms, your Work may be distributed as follows:

(i) if your Work is provided for free (at no charge), you may distribute the Work by any available means;
(ii) if your Work is provided for a fee (including as part of any subscription-based product or service), you may only distribute the Work through Apple and such distribution is subject to the following limitations and conditions: (a) you will be required to enter into a separate written agreement with Apple (or an Apple affiliate or subsidiary) before any commercial distribution of your Work may take place; and (b) Apple may determine for any reason and in its sole discretion not to select your Work for distribution.”

via Apple to Authors: Content You Make in iBook App is Yours, Not Ours | Epicenter | Wired.com.

The Aussie Designed and Owned Windows Tablet

That’s right you read correctly, Aussie designed and Aussie owned and Windows.

10.1” Capacative Multi-Touch Screen
    Windows 7Home Premium
    Long battery life10+ hours

Intel Z670 “Oak Trail” processor @ 1.5GHz
2GB DDR2 RAM
32GB SSD (optional 64GB)
2 x USB 2.0 port
1 x microSD slot (supports 32GB additional storage)
1 x HDMI port
Full HD video playback (1080p)
1.3 MP front facing camera
Video conferencing
WiFi 802.11 b/g/n
Bluetooth
3G + GPS (optional)

Maestro S.