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  1.    #1  
    HI everyone,

    This is not a shock to me or anyone else who has been following the story!

    Take care,

    Jay

    FOIA Denial All But Confirms FTC Probe of Apple’s Anti-Adobe Rules
    By Ryan Singel August 3, 2010 | 6:14 pm |

    Read More FOIA Denial All But Confirms FTC Probe of Apple’s Anti-Adobe Rules | Epicenter | Wired.com

    Read More http://www.wired.com/epicenter/2010/08/ftc-apple-adobe-foia/#ixzz0vfEtOKkO

    The Federal Trade Commission has nearly 200 pages of records related to a purported complaint by Adobe against Apple for banning iPhone developers from using its authoring tools to make iPhone apps. But, in what might be the most-official confirmation that regulators are probing the ban for antitrust violations, the FTC declined to make them available to Wired.com, saying doing so “could be reasonably expected” to interfere with its “law enforcement” duties.

    Wired.com sought a copy of Adobe’s complaint by filing a Freedom of Information Act request in early May, which was denied in whole in a July 23 letter (.pdf).

    “We have located 189 pages of responsive records, all of which are exempt from the FOIA’s disclosure requirement,” wrote Joan A. Fina, the FTC’s assistant general counsel. “These records are exempt… because disclosure of that material could reasonably be expected to interfere with the conduct of the Commission’s law enforcement activities.”

    The language all but confirms that the FTC is actively investigating Apple, which was heavily criticized for the ban put in place earlier this year. Apple blogger John Gruber broke the news of the change to the secret developer agreement and defends the change, arguing that apps written in tools that then translate them into Apple’s default programming language aren’t as powerful as ones written in native code.

    For developers, such tools make it easier to write apps and have them run on multiple mobile OSes, a highly competitive field that includes Microsoft’s upcoming Windows Phone 7, Google’s Android, HP’s Palm OS webOS, Nokia’s Symbian, and lesser known entrants such Meego. Apple’s iOS4, which powers iPhones and iPads, is currently the market leader — though Android phones are outselling the iPhone, Palm’s webOS got a new lease on life from HP and may soon power HP tablets, and early previews of the completely revamped mobile Windows look intriguing.

    So the question is for regulators, does Apple’s ban on cross-platform development tools equal unfair competition, intended, in part, to stifle the growth of other platforms by reducing the number of apps available on them?

    An Apple spokeswoman declined to comment for this story, but did point Wired.com to an unusual public statement from Apple CEO Steve Job in April, explaining why Apple instituted the third-party tool ban.

    We know from painful experience that letting a third party layer of software come between the platform and the developer ultimately results in sub-standard apps and hinders the enhancement and progress of the platform. If developers grow dependent on third party development libraries and tools, they can only take advantage of platform enhancements if and when the third party chooses to adopt the new features. We cannot be at the mercy of a third party deciding if and when they will make our enhancements available to our developers.

    The FTC never publicly confirms or denies when an investigation is open or closed, except when it sues or reaches a settlement with a company. However, both Bloomberg News and the Wall Street Journal reported in May that the FTC had gotten a complaint from Adobe and opened a formal investigation.

    Adobe did not respond to a request for comment.

    Disclosure: Wired magazine, owned by the same parent company as Wired.com, works with Adobe to produce its iPad app. The magazine and the website maintain separate editorial operations.

    Photo: Apple Store
    Credit: Huang Jiahui
    Please Support Research into Fibromyalgia, Chronic Pain and Spinal Injuries. If You Suffer from These, Consider Joining or Better Yet Forming a Support Group. No One Should Suffer from the Burden of Chronic Pain, Jay M. S. Founder, Leesburg Fibromyalgia/Resources Group
  2.    #2  
    Poor Apple can't seem to catch a break
    By David Gewirtz | August 4, 2010, 7:22am PDT

    Poor Apple can't seem to catch a break | ZDNet

    Most readers know that I tend to pick on Apple. Heck, I’ve even pretty much reserved Tuesday each week as the day I try to see if I can make little fanbois’ heads spin. This week, however, we have three pieces of news (two that even happen to be government-related) that almost make me feel sorry for the company. Almost.

    First, Sam Diaz reported on an unconfirmed report that hackers are breaking into iPhones simply by virtue of users downloading a PDF file.

    Next up, Adrian Kingsley-Hughes wrote a nice piece about how easy it is to jailbreak your iPhone. Now that it’s officially legal to do so, there’s even a Web-based application that makes the task almost ridiculously easy.

    Next up, the fine folks at Wired are reporting their suspicions that the FTC is in the middle of an investigation into Apple, primarily because of Apple’s effective screwing of Adobe over the whole CS5 Flash thing.

    You have to give Wired kudos for ballsy statements, because their proof that the FTC is conducting this investigation is that they couldn’t get any information on an FTC investigation. Wired is probably right, but still, making your case that something’s happening simply because you can’t see something happening is, well, pretty much as convoluted as anything you’d expect to come out of Washington.

    And all of that is on top of the whole iPhone 4 antenna mess. Poor Apple. They just can’t seem to catch a break.

    Don’t worry, kids. I’ll pick on Apple and you ******* again soon. Remember, Tuesday rolls around every seven days or so. This time, though, let’s use the TalkBack section below to write “I hope things get better soon” notes to Steve Jobs and the nice people who work in Cupertino.
    Please Support Research into Fibromyalgia, Chronic Pain and Spinal Injuries. If You Suffer from These, Consider Joining or Better Yet Forming a Support Group. No One Should Suffer from the Burden of Chronic Pain, Jay M. S. Founder, Leesburg Fibromyalgia/Resources Group

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