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Apple supply chain

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Apple Inc. has been criticized and caused controversy in a number of different ways, most notoriously,[1] for its litigious legal policy of suing before first gathering all the facts necessary to pursue a legitimate lawsuit.[2]

Accusations of anti-competitive behavior

iPhone

There has been criticism of the iPhone and the iPod being locked into iTunes and creating an iTunes Store monopoly for these devices.[3] Similarly, Apple has not licensed its FairPlay DRM system to any other company, preventing iPod and iPhone users from listening to DRM-protected music purchased from sources other than the iTunes Store. In contrast, DRM-free music from competing services can be purchased and used on Apple devices.

iTunes

Apple was caught up in controversy regarding the online sales of music in the European Union where, as a single market, customers are free to purchase goods and services from any member state. iTunes Stores there forced consumers and other music buyers to iTunes-only sites by restricting content purchases to the country from which the customers' payment details originated, which in turn forced users in some countries to pay higher prices. On December 3, 2004 the British Office of Fair Trading referred the iTunes Music Store to the European Commission for violation of EU free-trade legislation. Apple commented that they did not believe they violated EU law, but were restricted by legal limits to the rights granted to them by the music labels and publishers. PC World commented that it appeared "the Commission's main target is not Apple but the music companies and music rights agencies, which work on a national basis and give Apple very little choice but to offer national stores".[4]

Google Voice controversy

Apple has been criticized over attempting to prevent iPhone users from using the Google Voice application by disabling it on the iPhone. Apple declined to approve the Google application for use on the iPhone, claiming that the application altered iPhone intended functionality, i.e., that with Google voice installation, voicemail is no longer routed to the iPhone's native application Visual Voicemail but instead is routed through Google's application, thus "ruining" the iPhone user experience. This caused controversy among iPhone developers and users, and the United States Federal Communications Commission (FCC) began investigating Apple's active decision to deny users' ability to install Google Voice from the Apple online store from where users routinely download and install iPhone applications.[5]

Antitrust issue with Adobe Flash and iPhone OS controversy

With the release of iPhone OS 4.0 SDK, Apple again created controversy by making it a violation of its terms of service to use programs on the iPhone that are originally written in non-Apple approved languages. This decision has been criticized for its chilling effect on competition[6] by disallowing use of Adobe Flash and other programs on the iPhone.[7][8][9] The New York Times reported[10] it made requests of Apple for comment on the new policy and Apple did not respond, and quoted an Adobe evangelist as alleging the policy to be anti-competitive.[11] On May 3, 2010, Ars Technica and The New York Post reported the US Federal Trade Commission (FTC) and the United States Department of Justice (DOJ) are deciding which agency will launch an antitrust investigation into the matter.[12][13]

The controversy over Apple's changes to section 3.3.1 of the iPhone SDK license agreement erupted after John Gruber's April 8th, 2010 Daring Fireball blog post entitled, New iPhone Developer Agreement Bans the Use of Adobe’s Flash-to-iPhone.[14] Strong opposition to Apple's licensing changes spread quickly with bloggers and others. Others were quick to note that the language used in the agreement also banned other developer tools including MonoTouch, Lua, Unity3D, and many others.

The original iPhone OS 3 section 3.3.1 reads:

3.3.1 Applications may only use Published APIs in the manner prescribed by Apple and must not use or call any unpublished or private APIs.[14] [15]

The revised iPhone OS 4 section 3.3.1 reads:

3.3.1 — Applications may only use Documented APIs in the manner prescribed by Apple and must not use or call any private APIs. Applications must be originally written in Objective-C, C, C++, or JavaScript as executed by the iPhone OS WebKit engine, and only code written in C, C++, and Objective-C may compile and directly link against the Documented APIs (e.g., Applications that link to Documented APIs through an intermediary translation or compatibility layer or tool are prohibited).[14]

Uncertainty over Apple's exact intentions went largely unresolved with platform developers reaching out to Apple, such as Novell reaching out to Apple[16], but Apple remaining silent over the issue. Steve Jobs posted a reaction entitled "Thoughts on Flash"[17], but did not directly address any third party development tools other than Adobe's Flash platform.

The "Thoughts on Flash"[17] post drew immediate and harsh criticism with Steve Jobs being accused of outright lying by many.[18] [19] [20] [21] [22] Jobs' assertion that Flash is not open, or closed and proprietary, attracted a great deal of attention with references to open source projects that take advantage of Adobe making the Flash specification open for developers to build on. [22] [23]

Price switching

Apple has been criticized for post-launch price changes, most notably after the price of the iPhone was reduced by $200 just two months after its release, resulting in a flood of complaints to Apple.[24][25] Apple worked to rectify complaints by offering $100 store credit to early iPhone customers who had bought their iPhones from Apple or AT&T.[26][27]

Corporate secrecy policy's effect on media relations

Think Secret lawsuit

With regard to leaked information about new Apple products, Apple has been accused of pressuring journalists to release their sources, has filed lawsuits against unknown persons, "John Does", to find out how their product information has been leaked[28] and has been chastised by the courts for doing so as an abuse of the legal discovery process.[29] In particular, Apple fought a protracted battle against the Think Secret web site that resulted in a "positive solution for both sides". No sources were revealed.[30]

Gizmodo incident

In April 2010 a Gizmodo editor, Jason Chen, became the subject of legal controversy in San Mateo, California when the California Rapid Enforcement Allied Computer Team (a multi-county task force that investigates high-tech crimes in the Silicon Valley area)[31] seized computers from the editor's home office, ostensibly to investigate the reverse-engineering of an iPhone. The Gizmodo blog published an article the week prior[32] about the iPhone product's future, including a product dissection, after Chen's purchase of a lost iPhone device. Gawker Media published the warrant on its website as an example of over-reaching by Apple and its improper use of law enforcement to police its patents.[33]

Reuters incident

In February 2010 it was reported that security guards at a Foxconn facility in China that manufactures Apple equipment roughed up a Reuters reporter. The reporter was attempting to take pictures.[34]

Labor practices

In 2006, the Mail on Sunday alleged that sweatshop conditions existed in factories in China, where the contract manufacturers, Foxconn and Inventec, operate the factories that produce the iPod.[35] The article stated that one iPod factory, for instance, had over 200,000 workers that lived and worked in the factory, with workers regularly doing more than 60 hours of labor per week. The article also reported that workers made around $100 per month were required to live on the premises and pay for rent and food from the company. Living expenses (required to keep the job) generally took up a little over half of the worker's earnings. The article also said that workers were given buckets to wash their clothes.[36][37][38]

Immediately after the allegations, Apple launched an investigation and worked with their manufacturers to ensure that conditions were acceptable to Apple.[39] In 2007, Apple started yearly audits of all its suppliers regarding Worker's Rights, slowly raising standards and pruning suppliers that did not comply. Yearly progress reports have been published since 2008.[40]

Foxconn employee suicides

On July 16, 2009, Sun Danyong, a Chinese factory worker employed by Apple's manufacturing partner Foxconn, committed suicide after reporting he lost a prototype model for a fourth generation iPhone.[41] Upon filing his report on July 13, Chinese media reported that his residence was searched by Foxconn employees, and that he was beaten and interrogated by his superiors, actions illegal under both Chinese and American law. The controversial incident posed serious questions about the application of Apple's secrecy policy with upcoming releases of its products, specifically concerning misplaced prototypes as a serious breach of corporate protocol. Regarding the incident, an Apple spokesman told reporters that the company was "saddened by the tragic loss of this young employee."[42] Apple's relationship with Foxconn regarding corporate security has been a continuing subject of controversy since Sun Danyong's death.[43][44]

Apple states its policy on how it influences the corporate culture of its suppliers in its Supplier Responsibility Progress Reports.[45] Holding suppliers accountable for their errors and omissions in their relationship with Apple is an area of concern Apple reports itself as taking seriously, and in its latest report, Apple stated that "[our] procurement decisions take into account a facility’s social responsibility performance, along with factors such as quality, cost, and timely delivery. When social responsibility performance consistently fails to meet Apple expectations, we terminate business."[45] Apple has not announced whether it has severed business ties with Foxconn. Given Apple's stated policy, terminating relationships with such suppliers may be difficult without incurring huge financial losses.[46]

In 2009 and 2010, Foxconn factories supplying iPhones, iPads and other devices have still come under fire in the press, with one source describing conditions as a "white collar prison".[47] Later in April 2010, four workers attempted suicide in a single month in the same factory.[48]

Quality control and customer service issues

The Danish Consumer Complaints Board reported a fault with Apple's iBook product line and criticized Apple's lackluster response to the issue, indicating customer support problems at Apple.[49] In that case, a solder joint between two components fractured after a certain number of computer restarts causing the computer to break down, with most incidents occurring outside Apple's warranty period. Websites such as AppleDefects.com were created in response to the issue and detailed quality control issues with Apple's product portfolio.[50][51]

Apple has been repeatedly criticized for its unwillingness to honor its warranties and its concomitant penchant for giving any reason for doing so, no matter how bizarre: in 2008, Apple repair centers began to refuse to honor warranties of its products which had been used in an environment it deemed hazardous, i.e., that had been used around someone who smokes;[52] and in 2009, Apple refused to honor its warranty and replace a defective battery on a machine that had a small amount of unrelated cosmetic damage that did not affect the machine's functionality, nor that of its battery.[53]

Vexatious litigation

In November 2008, Apple sent a cease and desist letter to BluWiki, a non-commercial wiki provider,[54] alleging a violation of the Digital Millennium Copyright Act (DMCA). Apple claimed that a discussion of how to get other hardware and software to inter-operate with the latest iPods infringed their copyrights.[55] On April 27, 2009, Odioworks (the operators of BluWiki), backed by the Electronic Frontier Foundation, sued Apple in OdioWorks v. Apple, seeking a declaration of non-infringement and non-circumvention (an official response that Apple's intellectual property rights were not being infringed upon).[56] On July 8, 2009, Apple ceased claiming infringement, stating that they are "withdrawing [Apple's] takedown notifications", and that "Apple no longer has, nor will it have in the future, any objection to the publication of the itunesDB Pages which are the subject of the OdioWorks complaint."[57] The EFF noted, "While we are glad that Apple retracted its baseless legal threats, we are disappointed that it only came after 7 months of censorship and a lawsuit."[58]

References

  1. ^ Orlowski, Andrew, Apple shot first, asked question later, say sued sites, Music and Media, The Register, 13th September 2005.
  2. ^ Orlowski, Andrew, Apple sues itself in the foot (again), Music and Media, The Register, 4 May 2006.
  3. ^ Time for Apple to face the music?, BBC News.
  4. ^ European Borders Fracture iTunes, PC World. Retrieved August 14, 2008.
  5. ^ Kincaid, Jason, FCC Takes On Apple And AT&T Over Google Voice Rejection, TechCrunch, July 31, 2009.
  6. ^ Adobe Systems' SEC filing alleging expected loss of ability to compete in the market because of Apple's position on Flash on the iPhone and iPad, Form 10q, March 5, 2010.
  7. ^ Brimelow, Lee, Apple Slaps Developers In The Face , TheFlashBlog, April 9, 2010.
  8. ^ Williams, Hank, Steve Jobs Has Just Gone Mad, Why does everything suck?, April 8, 2010.
  9. ^ Schonfeld, Erick, Is Steve Jobs Ignoring History, Or Trying To Rewrite It?, TechCrunch, April 9, 2010.
  10. ^ Worthham, Jenna, Apple Places New Limits on App Developers, The New York Times, April 12, 2010.
  11. ^ Brimlow, Lee, Apple Slaps Developers In The Face , The Flash Blog, April 9, 2010.
  12. ^ Cheng, Jacqui, Apple iPhone OS compiler policy may lead to antitrust probe, Ars Technica, May 3, 2010.
  13. ^ Kosman, Josh, An antitrust app, The New York Post, May 3, 2010.
  14. ^ a b c New iPhone Developer Agreement Bans the Use of Adobe’s Flash-to-iPhone Compiler
  15. ^ Original iPhone OS 3 Developer Program License Agreement
  16. ^ MonoTouch news, April 9th, 2010
  17. ^ a b Thoughts on Flash
  18. ^ Jobs Lies in Thoughts on Flash
  19. ^ Decoding Steve Jobs’ Dressing Down Of Flash
  20. ^ Steve Jobs Is Lying About Flash
  21. ^ Steve Jobs on Flash: Correcting the Lies
  22. ^ a b Steve Jobs – You are a Lying <Expletive>
  23. ^ List of open source projects built on the open Adobe Flash specification
  24. ^ MacDonald, Chris. Were iPhone Early-Adopters "Abused?", The Business Ethics Blog.
  25. ^ Apple screwed you: So now what? - The Unofficial Apple Weblog (TUAW)
  26. ^ Apple - To all iPhone customers
  27. ^ iPhone's $100 Apple Store Credit program goes live, Engadget, September 14, 2009.
  28. ^ Apple v. Does, EFF, 2006-05-26. Retrieved on 2007-05-14.
  29. ^ O'Grady v. Superior Court, 44 Cal.Rptr.3d 72, 139 Cal.App.4th 1423, modified by O'Grady v. Superior Court, 140 Cal.App.4th 675b.
  30. ^ Apple mugs Think Secret, The Register. Retrieved August 12, 2008.
  31. ^ Keizer, Gregg, Lawyer confirms identity of 'lost' iPhone seller, macworld.co.uk, April 30, 2010.
  32. ^ Chen, Jason, This is Apple's Next iPhone, Gizmodo blog, April 19, 2010.
  33. ^ Stelter, Brian, and Bilton, Nick, Computers Seized at Home of Gizmodo Reporter Who Wrote About iPhone, Gawker Media Says, Mediacoder Blog, The New York Times, April 26, 2010.
  34. ^ Grothaus, Michael, Foxconn: Apple supplier in China roughs up reporter, TUAW, Feb 19th 2010.
  35. ^ The Stark Reality of iPod's Chinese Factories, Mail Online, 18 August 2006.
  36. ^ Musgrove, Mike, Sweatshop Conditions at IPod Factory Reported, The Washington Post, June 16, 2006.
  37. ^ Kahney, Leander, Judging Apple Sweatshop Charge, Wired, June 13, 2006.
  38. ^ Dean, Jason, The Forbidden City of Terry Gou, The Wall Street Journal, August 11, 2007.
  39. ^ Morphy, Ericka, Apple, IT and the Specter of Sweatshop Labor, Mac New World, January 31, 2008.
  40. ^ Apple 2010 Supplier Responsibility Report.
  41. ^ Carlson, Nichoas (July 27, 2009). "Life Inside A Chinese Gadget Factory". Business Insider.
  42. ^ Worker commits suicide over misplaced iPhone, Yahoo! News.
  43. ^ Apple suppliers maintain tight security to avoid leaks: Foxconn said to have 'special status' in China, macnn.com, February 17, 2010.
  44. ^ Apple's Recent Strike in Suzhou is Sign of Continued Bad Labor and CSR Practices in China, All Roads Lead to China, Jan 21, 2010.
  45. ^ a b Apple Supplier Responsibility 2010 Progress Report Cite error: The named reference "ProgRpt" was defined multiple times with different content (see the help page).
  46. ^ Moore, Malcolm, Big suppliers in China hold sway over Apple, Express Buzz, Mar 7, 2010.
  47. ^ Carlson, Nicholas (April 7, 2010). "What It's Like To Work In China's Gadget Sweatshops Where Your iPhones And iPads Are Made". Business Insider.
  48. ^ Blodget, Harry (April 7, 2010). "Apple-Supplier Factory Worker Tries To Kill Herself -- That's 4 In 4 Weeks". Business Insider.
  49. ^ Danes prove Apple iBook G4 has a defect - The INQUIRER
  50. ^ Quality control problems or growing pains at Apple?. Ars Technica.
  51. ^ Blogs: MashUp The Sydney Morning Herald.
  52. ^ Northrup, Laura, Smoking Near Apple Computers Creates Biohazard, Voids Warranty, Consumerist, November 20, 2009.
  53. ^ Alexander, Carey, Apple: Cosmetic Damage Keeps Us From Replacing Your Battery!, Consumerist, March 1, 2009.
  54. ^ McNamara, Paul (2009-07-22). "Apple takes legal heel off throat of wiki operator". Network World.
  55. ^ "Apple Confuses Speech with a DMCA Violation". EFF. 2008-11-25.
  56. ^ "Wiki Operator Sues Apple Over Bogus Legal Threats". EFF.
  57. ^ "Re: OdioWOrks v. Apple, N.D. Cal. Case No. C 09-1818" (PDF). 2008-09-08.
  58. ^ "Apple Withdraws Threats Against Wiki Site". EFF. 2009-07-22.