Slashdot Mirror


Apple Charges For 802.11n, Blames Accounting Law

If you have a Core 2 Duo Macintosh, the built-in WLAN card is capable of networking using (draft 2) 802.11n. This capability can be unlocked via an update Apple distributes with the new AirPort Extreme Base Station. Or, they will sell it to you for $4.99. Why don't they give it away for free, say with Software Update? Because of the Sarbanes-Oxley Act (which was passed in the wake of the Enron scandal). iLounge quotes an Apple representative: "It's about accounting. Because of the Act, the company believes that if it sells a product, then later adds a feature to that product, it can be held liable for improper accounting if it recognizes revenue from the product at the time of sale, given that it hasn't finished delivering the product at that point."

471 comments

  1. Don't tell Microsoft! by celardore · · Score: 4, Interesting

    Imagine if they even charged $1 for every patch, for every user. There are more MS patches for a product than every dollar in the asking price for said product. I'm aware that Apple are scared because it's a "new feature", but MS has done that a lot.

    1. Re:Don't tell Microsoft! by BWJones · · Score: 5, Informative

      The issue here is that Apple's patch can be construed as "new functionality" as there is significantly increased network performance in products that have been shipping for months, whereas most of the patches from MS are attempting to fix existing, yet broken functionality.

      --
      Visit Jonesblog and say hello.
    2. Re:Don't tell Microsoft! by Anonymous Coward · · Score: 5, Informative

      Microsoft add new features too. The security centre & windows firewall for one example.

    3. Re:Don't tell Microsoft! by UnknowingFool · · Score: 2, Insightful

      I guess then it should not be called a "patch" but an "upgrade". A patch implies that it was not working properly in the first place.

      --
      Well, there's spam egg sausage and spam, that's not got much spam in it.
    4. Re:Don't tell Microsoft! by Jon+Luckey · · Score: 5, Funny

      Microsoft add new features too. The security centre & windows firewall for one example.

      Wait! You forgot the most important new feature of all: Windows Genuine Advantage®

      Hard to picture how we could get along without it, these days.

      --
      -- 3 events that reshaped the world in the 20th century: WW1, WW2, and WWW
    5. Re:Don't tell Microsoft! by Anonymous Coward · · Score: 0

      You could argue they're attempting to fix the broken security of Windows.

    6. Re:Don't tell Microsoft! by Lux · · Score: 2, Insightful

      I believe MS already defers some of the income from Windows sales by considering the product partially delivered and feeds that into the support teams over time. The practice would predate Enron though, and was probably started to keep the stock price stable. Ie: they can show a more steady income stream on paper despite long product cycles.

      If only Apple were so savvy! :)

      *ducks*

    7. Re:Don't tell Microsoft! by MicktheMech · · Score: 1

      Microsoft is also quite famous in the business world for deferring a lot of revenue. The logic they use is that a significant chunk of what you pay for a copy of their software is the ongoing support. I'm guessing (no idea if this is true) that Apple is recognizing all of its revenue at the time of sale and is worried that if they increase the functionality now someone (a la Spitzer) will come along and say that they recognized some of the revenue from those sales too early.

    8. Re:Don't tell Microsoft! by Sebastopol · · Score: 1

      Again, bugfixes are specifically not the same under S/O.

      --
      https://www.accountkiller.com/removal-requested
    9. Re:Don't tell Microsoft! by Ucklak · · Score: 1

      What hardware did that enable?

      The update in question enables dormant hardware that isn't being charged for in the purchase of the product.

      It's the same as if Apple sells 2 types of iSight cameras. One that is the normal web camera that uses the visible spectrum and another that enables x-ray vision.
      The cameras are the the same but the software package that accompanies the camera is different.
      They could sell an update to those who purchased the visible camera to enable the x-ray vision at an additional cost.

      I'm trying to not be an apple apologist as the $4.99 price is ridiculous but in the case of Microsoft vs X where X is Apple, your comment doesn't hold.

      People buy computers to do N.
      Computer makers use Windows to make sure that said computer does N.
      If Computer Maker A sells you a computer with a dual DVI head yet only of them works, then the comparison is valid.
      Computer Maker A would then have to sell you the 'free' update.

      Apple sells hardware. They include software to make the hardware usable.
      They also sell software but it only works on their hardware.
      The software update is for their hardware.

      --
      if you steal from one source, that is plagiarism, if you steal from many, well, that's just research.
    10. Re:Don't tell Microsoft! by Anonymous+Freak · · Score: 3, Informative

      Except software has never really been considered a 'feature'. Free updates that include new functionality in software are not considered a problem.

      It's HARDWARE that has the problem. For example, if Ford sold a car, then six months later said "bring your car in, and we'll turn on Anti-Lock Brakes for free!" that there's a problem. The car really had to include it all along, so it could be considered that this feature wasn't delivered until six months later, so they shouldn't be able to count the income from that feature until it is delivered.

      Although I would think that common sense would say that this would only apply when the feature *WAS* advertised at time of sale, with the caveat that wouldn't be available for some time. "Anti-Lock Brakes included, to be unlocked via a software update in six months!" is selling the ABS, even though you don't get it. The 'free update' six months later means that the customer wasn't sold ABS at time of purchase, so the income to Ford at time of purchase is based on *NOT* including ABS. So they COULD claim ABS as a 'free update'.

      Back to Apple, because they never advertised it as 802.11n, customers couldn't in good conscience be considered to have bought it expecting .11n. Apple never guaranteed .11n functionality at time of purchase, so .11n functionality wasn't something they 'sold'. Any computers sold SINCE the announcement I would say fall under this provision, since Apple has explicitly said that such computers include .11n hardware. Although I would hope that new computers include the enabler by default. (Although neither the Tech Specs pages nor the Store pages on any of the hardware say .11n yet.)

      --
      Another non-functioning site was "uncertainty.microsoft.com."
      The purpose of that site was not known.
    11. Re:Don't tell Microsoft! by Skreems · · Score: 1
      so it could be considered that this feature wasn't delivered until six months later, so they shouldn't be able to count the income from that feature until it is delivered.
      Why not? The customer paid for the product in the state it was in when they bought it. If the company chooses to turn on a new feature later, why shouldn't they be able to? I understand that there may be legal reasons behind this, but it strikes me as particularly stupid.
      --
      Slashdot needs a "-1, Wrong" moderation option.
      The Urban Hippie
    12. Re:Don't tell Microsoft! by aetherworld · · Score: 2

      Correct, but this law only applies to hardware, not to software.

    13. Re:Don't tell Microsoft! by skinfitz · · Score: 5, Informative

      ... enables dormant hardware that isn't being charged for in the purchase of the product.

      Yes it is. If you bought the hardware you paid for everything. There are no 'free parts' - all the components are part of a whole. The fact that something isn't enabled is completely irrelevant - you were charged for it and paid for it.

      What happens if we apply this thinking to patches? Oh I'm sorry - we fixed that last exploit with a new version of Safari that adds xxxxx feature, but because it wasn't there when we sold you the computer, we are going to have to charge you.

      This is nothing more than fleecing users for cash.

    14. Re:Don't tell Microsoft! by Anonymous Coward · · Score: 0

      If it was an unadvertised, non-functional, 'feature', exactly how were you charged for it? As far as the original sale was concerned, that feature did not exist, yet you entered into the contract of sale willingly.

    15. Re:Don't tell Microsoft! by Yvan256 · · Score: 1

      Except that this software update enables a new piece of hardware that deals with wireless frequencies. So who knows, maybe it also has to do with wireless licenses and all. Or even a 802.11n license fee, or both.

    16. Re:Don't tell Microsoft! by Yvan256 · · Score: 1

      I meant a 802.11n chip license fee, as well as a 802.11n wireless license frequency.

    17. Re:Don't tell Microsoft! by Divebus · · Score: 2, Informative

      Upgrade through extortion is not uncommon at all in the high powered computer [graphics] world.

      First, buy a $600,000 Quantel compositing workstation. You want glints, glows and shadows with that? $15,000 later, they send the 60 digit unlock code. No hardware change required. First time I saw that, I said *WTF* so loud they heard it back in England. If it's in there, why can't I use it NOW?

      Same with some of the old 3D modeling software on SGIs etc. Not even an updated piece of software, just a bunch of keys to turn on the features - and expire them.

      Should I remind everyone about QuickTime Pro?

      --

      Most of the stuff on /. won't survive first contact with facts.
    18. Re:Don't tell Microsoft! by skinfitz · · Score: 5, Insightful

      In 10.4.8 update, Apple added EAP-FAST wireless authentication. That 'feature' was not present when many people 'entered into their contract of sale willingly' with their Macs. Are you saying that all of those people should now be charged for this and any other additional features because it was not there originally?

      Stop apologising for Apple.

    19. Re:Don't tell Microsoft! by lordmatthias215 · · Score: 1

      It seems to me that the obvious solution to this problem is to simply apply an arbitrary value, but give it away as a reward for registering the computer (or some other really simple requirement). Say that the update or software upgrade or whatever it is "worth" $4.99, but that Apple will deliver the upgrade to all previously built Macs free of charge, as part of a "Customer Loyalty program." And of course the only Macs not covered by the "customer loyalty" upgrade are those that came with it preinstalled. Of course whether or not Apple will want to give up $4.99 per customer (especially on this particular promotion, if they've already started it) is another story. I imagine if anyone has already paid for it, it could be an accounting-related mess to pay the customers back.

    20. Re:Don't tell Microsoft! by skinfitz · · Score: 3, Informative

      If there was a chip license fee, you already paid it when you paid for the computer. 802.11n requires no payment of license to use as the frequency is public band.

      It's profiteering at the expense of users.

    21. Re:Don't tell Microsoft! by ChrisA90278 · · Score: 1
      The other half of this is

      ...if it recognizes revenue from the product at the time of sale...
      Apple could have decided to take the "credit" at a point in time after the sale. Like after the 15 day return period. There is also the isue of when development is "R&D" leading to a product or when it is support.

      I think Apple is wrong on this. If the computer was sold as having only "g" networking then delivering "n" later is not delivering the product late but a gift to users of something they didn't buy

    22. Re:Don't tell Microsoft! by Gordonjcp · · Score: 1, Informative

      I'm trying to not be an apple apologist as the $4.99 price is ridiculous

      Oh, come on, that's nothing! Your average stereotypical Mac owner probably spends twice that in a single sitting in Starbucks. For those of us outside the US, it gets even better - that relates to about £2.60 at the current exchange rate. An upgrade to 802.11n for less than the price of 50 blank CDs? Oh, I think so...

    23. Re:Don't tell Microsoft! by jgc7 · · Score: 1
      existing, yet broken functionality.

      The free upgrade from IE6 to IE7 is the perfect example of existing but broken functionality.

      --
      70% of statistics are made up.
    24. Re:Don't tell Microsoft! by McFadden · · Score: 1

      I'm sure Apple's accountants spent literally minutes trying to think of how they could avoid making more money from their customers.

    25. Re:Don't tell Microsoft! by Nossie · · Score: 1

      ahem... or windows Vista for that matter..

    26. Re:Don't tell Microsoft! by Anonymous Coward · · Score: 0

      No. You cannot construe this as "fleecing customers for cash" because Apple did not advertise its computers with these cards as having "draft N" capability. They did advertise the cards as having 802.11G (and thus B) capability. I think in some cases they may have advertised 802.11A capability. Anyways, the point is Apple did not says their product had this capability so no customer should have expected it (particularly since even at this point in time 802.11N is a draft and not yet finalized). I fully believe the accounting law is the reason behind this based on the fact I have not seen Apple charge this little for software that they charge for in 20+ years of Apple use.

      Not to put too fine a point on it, but this would be fleecing had Apple advertised its product as doing draft N and then made its customers purchase additional software to enable the capability. Since Apple made no such representation, it is not fleecing. It I needed draft N in my 24-inch iMac right now I would be glad Apple made this available. I would also not be whining if I did not own an Apple with this potential capability.

    27. Re:Don't tell Microsoft! by dreamlax · · Score: 2, Insightful
      Yes it is. If you bought the hardware you paid for everything. There are no 'free parts' - all the components are part of a whole. The fact that something isn't enabled is completely irrelevant - you were charged for it and paid for it.

      Not necessarily. Imagine if there were license costs involved. Apple didn't want to add that to the cost of the Mac as this would decrease revenue and not everyone would use it. If you don't want to use it, you don't pay the licensing fee. So in a sense, you weren't charged for it.

      Think of it like an XBox Live subscription. All XBoxes have the ability/capability to use the Live service, but you need to pay a fee to use it. It's not included in the price you pay (excluding any bundled deals) because not everyone will use it.

      The same example could be said about many things. You commonly buy a collective of objects, but don't always use them all.

    28. Re:Don't tell Microsoft! by dreamlax · · Score: 1

      Damn straight! I would think of it as buying an 802.11n wireless card for NZD$7.22. Considering the cheapest a/b/g card I can find is NZD$21.04, that's a bargain.

    29. Re:Don't tell Microsoft! by Achromatic1978 · · Score: 4, Insightful
      They didn't have to say anything. If I know that a card can do 'a b and c', but is sold in a bundle that happens to /advertise/ only 'a and b', that didn't magically lower the cost of said hardware for manufacturer, ie "/I/ /paid/ for it.". Your failure to advertise a /known capability/ of that card that is only off through imaginary limitations does not negate the ability of it to do it, nor should I have to pay for it.

      Another example. I want to buy an Audi. I was reading a brochure on it. It tells me that the car is capable of 151mph. It has an asterisk saying "* electronically limited to 130mph in US and Canada". Now, I'm not sure on the inherent legality thereof, but you can bet if I wanted to remove that limiter and took it to my Audi dealer to do so, and they wanted to charge me anything /beyond/ the labor for removing said limiter, I'd be mad as hell.

      Now, you might point to that 'labor' word and say "well, there /is/ labor, and that's what you're being charged for"... I don't buy that. You'd better believe that that wireless card was supplied with a skeletal driver for (a?)/b/g/n, not (a?)/b/g only.

      Apple just found a way to double charge you for the same thing, and apologists like you are defending them.

      Say ATI sells you a new PCIe card. You know through various channels that this card is PCIe. But guess what, it only runs at PCI speeds, and guess what, "$5 gets you the 'upgrade' to use PCIe" - people, here on Slashdot and elsewhere would be screaming bloody murder, diseminating this patch left right and center, and wailing the house down, and you know they would (and rightly so) - but here's yet another free pass for Apple from the "loyal following".

    30. Re:Don't tell Microsoft! by h2g2bob · · Score: 2, Funny

      Hey, I'd not pay some money to not have that feature

    31. Re:Don't tell Microsoft! by Divebus · · Score: 1

      ...or Windows anything

      --

      Most of the stuff on /. won't survive first contact with facts.
    32. Re:Don't tell Microsoft! by Achromatic1978 · · Score: 0

      I disagree. I buy a laptop with Centrino, and it lists the wireless card as an Intel 3945ABG. The laptop builder says, "Can connect at 54mbps to 802.11g networks!" as their advertising. They can't then say "oh, but 802.11a networking, that's gonna cost you an extra $5".

    33. Re:Don't tell Microsoft! by Fordiman · · Score: 1

      Hey, how much, and can I get you're e-mail you so I can (over)charge for performing the little hack?

      --
      110100 1101000 1101000 1100110 0 1101111 1101000 1100011 1
    34. Re:Don't tell Microsoft! by StrongAxe · · Score: 4, Informative

      When I was in high school, we had an IBM 1130 system. We had a slow line printer. IBM sold two different versions of that printer - a slow one, and a fast one. The fast one cost several thousand dollars more. The difference? one jumper (which, if you switched manually, you voided the warranty).

      Often, manufacturers will sell a range of products, and it's cheaper for them to sell artificially castrated versions of the expensive versions as cheap ones, rather than manufacturing a cheaper product separately.

      If you pay for a cheap unit and they give you an expensive one with the additional features disabled instead, you have no cause to whine about it being disabled, since you didn't pay for it - you got it for free.

    35. Re:Don't tell Microsoft! by Anonymous Coward · · Score: 0

      There was no asterisk. Apple did not sell the computer with any advertising to imply or put forward the existence of this non-standard and still presently unusual capability. You are being deceptive.

    36. Re:Don't tell Microsoft! by Ucklak · · Score: 2, Interesting

      That feature has nothing to do with the hardware. Only how the data is handled after the hardware.

      If EAP-FAST wireless authentication added FM tuning, then that is an additional feature.

      --
      if you steal from one source, that is plagiarism, if you steal from many, well, that's just research.
    37. Re:Don't tell Microsoft! by Achromatic1978 · · Score: 2, Insightful
      Going from memory, the network card is Broadcom, or such, yes?

      I'm a geek. I know what cards do what. I know that an Intel EtherExpress Pro card ran at 10 and 100mbps. That a seller might say "Intel EtherExpress Pro network card, 10mbps networking" is up to them. I am not required to subsidize the fact that they /understated/ the abilities of the hardware. I know the card does this, I made my value judgment on the cost of the computer based on that, and then ran into, through false limitation alone, this underutilization of my hardware. That it was advertised as such is no Get Out Of Jail free. I arbit the value of a product by its contents, not by the marketing budget and accuracy thereof.

    38. Re:Don't tell Microsoft! by StrongAxe · · Score: 0

      The very fact that Apple did NOT in any way promise 802.11n legitimizes them charging for this feature. Customers have no legitimate reason to whine that they're not getting it free, since they didn't pay for it, and weren't promised it.

      The fact that Apple's engineering design is clever, in having hardware flexible enough to add the feature without a hardware modification, works in Apple's favor. It means they COULD do this for free if they wanted to, but it doesn't obligate them to do so (any more than any software vendor is obligated to provide lifetime upgrades for a single payment of a 1.0 version - you have to fund the software development SOMEHOW).

    39. Re:Don't tell Microsoft! by gbulmash · · Score: 2, Insightful

      Reminds me of cell phones. It's depressing reading review after review that says the manufacturer put 85 capabilities in a phone, then the phone company that sold it to you has had half of them crippled or shut off entirely in the firmware.

    40. Re:Don't tell Microsoft! by Anonymous Coward · · Score: 0

      You are just plain wrong. If I buy a computer with a FooBar 3 processor and a compiler installed that only produces code for FooBar 2 or lower processors and an update is released after the fact which compiles specific code for FooBar 3 processors, no new hardware feature has been added. It is exactly the same thing. What is advertised is not the end all and be all of what a product may do or be used for.

    41. Re:Don't tell Microsoft! by Anonymous Coward · · Score: 0

      It goes deeper than that -- by claiming that you did not pay for that functionality, if you hack the device to enable it they can claim that you are "stealing" from them. Much like software packages that actually include all the features, but differing activation codes (at different price points) enable different feature sets.

      They're trying to set precedent for future exploitation.

    42. Re:Don't tell Microsoft! by Hal_Porter · · Score: 1

      Plus if Steve Jobs said "I'm going to have to take away your unborn baby because of (thinks for a few milliseconds) Sarbannes Oxley", most Mac users would rationalize it - "Hey, with all the money I'll save on iToys and iEducation I can buy a one week course of the new iStemCell anti aging treatment, and the world is much too crowded anyway", whereas Microsoft would get sued again if they charged for patches.

      There's a fine line between fanboyism and Stockholm syndrome.

      --
      echo -e 'global _start\n _start:\n mov eax, 2\n int 80h\n jmp _start' > a.asm; nasm a.asm -f elf; ld a.o -o a;
    43. Re:Don't tell Microsoft! by ronocdh · · Score: 0, Flamebait
      Back to Apple, because they never advertised it as 802.11n, customers couldn't in good conscience be considered to have bought it expecting .11n. Apple never guaranteed .11n functionality at time of purchase, so .11n functionality wasn't something they 'sold'.
      Wrong. Visit http://www.apple.com/airportextreme/ and, for an even better look, http://www.apple.com/wireless/80211/. Looks to me like they are indeed advertising it.
    44. Re:Don't tell Microsoft! by prockcore · · Score: 1
      For example, if Ford sold a car, then six months later said "bring your car in, and we'll turn on Anti-Lock Brakes for free!" that there's a problem.


      So you think it's better if Ford says "bring your car in and we'll activate your Anti-Lock Brakes for $4.99"?
    45. Re:Don't tell Microsoft! by dan828 · · Score: 1

      Sure, they have no obligation and they can legally do it and yada yada yada. It doesn't make it less slimy. What's next? Digital output to that iPod for $10? Or maybe 3G to the iPhone for $50?

      What they are doing is testing a new business model and seeing if the customers will put up with it. It goes like this. Sell crippled product. Offer an "upgrade" for sale which enables functionality that was already there. Enable the functionality with a simple download. Cost to Apple for this new product? An insignificant bit of bandwidth. That $4.99 is pure profit.

    46. Re:Don't tell Microsoft! by skinfitz · · Score: 1

      It has everything to do with the hardware - it enables you to do something with your hardware that you were unable to do previously.

      802.11n hardware is already in the Mac that you paid for - it's a software change we are talking about. It's not like Apple are shipping new hardware to people, only updating a driver to enable features.

    47. Re:Don't tell Microsoft! by skinfitz · · Score: 0, Redundant

      They also didn't advertise that their hardware could do EAP-FAST authentication, but added this feature in 10.4.8 update. So we should all get a bill for features add in patches now should we?

      It's profiteering.

    48. Re:Don't tell Microsoft! by skinfitz · · Score: 1

      Many people will not use XBox live; does this mean those people are not paying for the networking hardware inside the XBox?

    49. Re:Don't tell Microsoft! by Anonymous Coward · · Score: 0

      You were either charged for it, or Apple is making a loss on all computers that have 802.11n built in to the hardware but not advertised as a feature.

    50. Re:Don't tell Microsoft! by simm1701 · · Score: 1

      CPUs are the same, ditto for memory

      The chips are tested until they meet their quota for speed X, to qualify the chip must score speed X or higher, once they hit quota they stop testing for speed X and move to testing for speed Y, the next speed down, then they lock the chip down to that speed using multipliers (in the caseof CPUs) so you have a random chance of having a chip that either just scraped through test for speed Y or one that might have exceed speed X - its why over clocking works on some chips better than others - good OC chips are simply better chips labled (and probably locked down) as slower ones

      --
      $_="Slashdotter";$syn="OTT";s;..;;;sub _{print shift||$_};s!ash!Perl !;s=$syn=ack=i;tr+LLEd+BLAH+;_"Just Another ";_
    51. Re:Don't tell Microsoft! by teh+kurisu · · Score: 1

      Using that iPhone example, let's say that Apple manages to sell 1,000 iPhones in the first six months of sale. That means a thousand people looked at the product, decided that the price was fair, and parted with their money. If Apple came back 6 months later and said, "Hey, we're going to add 3G support to all our iPhones, for a $50 fee," that doesn't make the price that the original thousand customers paid any less fair. If anything, it gives them the opportunity to upgrade for a relatively modest outlay, where the alternative is to buy a completely new phone. If anything, it gives Apple customers a certain amount of choice over what features they want to pay for, which is something they are regularly lambasted for on Slashdot.

      Market economics come into play. If Apple charges $4.99 for an 802.11n upgrade, how many people will be willing to pay? How many customers will they lose down the line, when people start to think, "do I want to buy this piece of hardware if I might be paying further down the line to use its full feature set?" I think Apple will see a net gain, because $4.99 is not a lot of money. £2.54 by my reckoning, and I'm pretty sure I paid something similar for a cup of coffee last time I was in Edinburgh.

    52. Re:Don't tell Microsoft! by lucifig · · Score: 1

      I love how no matter what shitty thing Apple does, Microsoft is somehow the bad guy!

    53. Re:Don't tell Microsoft! by KirkH · · Score: 1
      So you think it's better if Ford says "bring your car in and we'll activate your Anti-Lock Brakes for $4.99"?


      That's not what he's saying. He's saying Sarbanes-Oxley would think it's better. Blame this new law -- it was meant to help but it cripples businesses in several ways.
    54. Re:Don't tell Microsoft! by rbanffy · · Score: 1

      Both features could be considered requirements for safe operation of the Windows-based computer. Without them, a Windows XP box on broadband link resists for about 40 seconds before being infected with some malware.

      So, it is sort of a recall because of life-threatening defects, not really new funcionality.

      Think of it as Explorer tires that do not blow-up.

    55. Re:Don't tell Microsoft! by RzUpAnmsCwrds · · Score: 1
      For example, if Ford sold a car, then six months later said "bring your car in, and we'll turn on Anti-Lock Brakes for free!" that there's a problem.


      This actually happens in many cases. The Toyota Prius, for example, is sold without an alarm system in lower-end packages, but it can be enabled using a scantool. Many dealers will do it for free if you're nice, usually as part of scheduled maintenance.
    56. Re:Don't tell Microsoft! by Stewie241 · · Score: 1

      Fair enough.

      If that is the case, Apple should say that the new firmware is an upgrade for sale because it offers functionality not originally advertised.

      It should not hide behind an accounting error and point towards a new law that was fallout from a scandal (forcing it to charge for something). They ought not to pretend that they would be willing to do something that they wouldn't really be willing to do.

      It's about integrity and honesty.

      Ian

    57. Re:Don't tell Microsoft! by Bastard+of+Subhumani · · Score: 1
      If you pay for a cheap unit and they give you an expensive one with the additional features disabled instead, you have no cause to whine about it being disabled
      You have every cause, it's stupid and wasteful and it treats the customer as a mug. It's like selling the same engine as a 2.5 litre and 3 litre, the difference being that on the former you pull one of the spark plugs out.


      You can bet if it was M$ doing it, every other post would contain 'crippleware' 'intentional hobbling' (probably 'DRM' too) and get modded up for it.

      --
      Only three things are certain; death, taxes, and apocryphal quotations - Ben Franklin.
    58. Re:Don't tell Microsoft! by MrMarket · · Score: 2, Interesting

      "If you pay for a cheap unit and they give you an expensive one with the additional features disabled instead, you have no cause to whine about it being disabled, since you didn't pay for it - you got it for free." That's not the point. Apple is pointing to SOX -- saying they MUST charge more. We're saying that rationale is bullocks, and they should just admit that this is a strategy to increase margins.

    59. Re:Don't tell Microsoft! by Gription · · Score: 1

      Microsoft add new features too. The security centre & windows firewall for one example. Both of which are fixes for "existing, yet broken functionality
      _ _ _ _ _ _ _ _

      The problem with almost all laws that are designed to impose 'morality' on large hierarchies such as corporations, is that corporations are not people so by definition they have no more morality then a toaster. Corporations are structures or more simply, things .

      "Things" can be used by people for moral or immoral purpose but god knows that a 'white collar' law such as Sarbanes-Oxley won't make that happen because the SEC has made the number one overriding goal of all public companies to be the 'enhancement of shareholder value'. (even if it is to the detriment of the shareholder!)

      It does seem odd (and paranoid) that Apple picked this point to stick on with regard to Sarbanes-Oxley but their point is valid. The real interesting point here is that any truly complicated and important system invariably works out to be a paradox. It usually ends up with the opposite results from the obvious conclusion. I think this is because when the surrounding conditions adjust to the change in 'rules' it causes a contradictory 'adjusting' reaction.
    60. Re:Don't tell Microsoft! by KingBozo · · Score: 1

      Well that is not entirely true, your car is limited to 130 because of manufacture liability. My mustang would have been limited below 130 if a got the standard tires, they are not rated for speeds in excess of 130 mph. I did get the upgraded z series tires when purchased, an the limiter is not set on my car, it will do around 145 in stock form.

      Unless you buy new tires, you would be hard pressed to find any car dealer that would change that, even then their might be some liability issues, and they still might not do it.

      Dave

    61. Re:Don't tell Microsoft! by Yvan256 · · Score: 1

      My point was that perhaps Apple only paid the chip license fee for 802.11b and 802.11g, and enabling the 802.11n on the chip required an additional license fee.

    62. Re:Don't tell Microsoft! by Schnapple · · Score: 1
      If you pay for a cheap unit and they give you an expensive one with the additional features disabled instead, you have no cause to whine about it being disabled, since you didn't pay for it - you got it for free.
      Devil's Advocate: one could make the argument that the faster version of the printer breaks more frequently and, consequently, costs more to support with phone calls and replacements. By paying more, you're subsidizing the risks involved with the faster speeds. I'm not familiar with the printer but it's possible that perhaps the faster one was built a little differently to accommodate the added speed. In either way, I'd bet there are some hidden costs involved with the added speed (but yeah, the rest of the price difference is just trying to profit more)
    63. Re:Don't tell Microsoft! by joshsnow · · Score: 1

      ===If you pay for a cheap unit and they give you an expensive one with the additional features disabled instead, you have no cause to whine about it being disabled===

      You have every cause, it's stupid and wasteful and it treats the customer as a mug.

      This happens all the time. The i386DX and i386SX chips back in the early 90s for instance, where the SX was a DX with 2 pin connectors swapped so that the on-board FPU wouldn't function.

      It's like selling the same engine as a 2.5 litre and 3 litre, the difference being that on the former you pull one of the spark plugs out.

      No, it's like selling EXACTLY the same engine in two different models where one is tuned to produce a higer BHP than the other, and is sold as a "sports" engine. The VW/Audi group and just about every other car maker do this all of the time.

      I have to say, I don't like these practices, but customers aren't mugs - we all know what the score is and we all find it conveinient to go along with it, seemingly.

    64. Re:Don't tell Microsoft! by mabhatter654 · · Score: 1
      I was looking at macrumors at the list of lawsuits against apple and half are related to "false" advertising... Notice that Apple did not market the feature at all prior to the macworld announcement. Hardware gurus knew the part supported pre-n but Apple ignored it. By doing it that way Apple cannot be accused (and you'll know it's comming) of "crippling" the hardware because they never advertised the feature. There's also the issue of trademarks and patents, you'd think they'd have been OK selling the hardware, but there's probably some patent on pre-n Apple didn't want to expense for something they couldn't actually advertise and sell... that would be the SOX part.

      Like you said MS is famous for announcing the world and then having stuff be simply "broken" until the legal details are fixed. Note MS carefully chooses what to include for drivers...the lack of DVD movie decoding for 7 years comes to mind! Or the crippled CD/DVD burning, MS won't pay for the additional features that somebody else might have their own monopoly on. MS leaves the "functionality" mess to the OEM partners if they don't want to play. Apple at least works to pay other companies fair license fees for their IP or invents it's own.

    65. Re:Don't tell Microsoft! by Achromatic1978 · · Score: 1

      Good points. Not a perfect example, but even so, the general principle is the same.

    66. Re:Don't tell Microsoft! by Bob-taro · · Score: 1
      Apple is pointing to SOX -- saying they MUST charge more. We're saying that rationale is bullocks, and they should just admit that this is a strategy to increase margins.

      FTA:

      Except, of course, if it's not so much the Act that's stopping Apple, but Apple's lack of desire to have to keep paperwork on software giveaways, some related concerns over obnoxious shareholders mounting needless lawsuits, or a misinterpretation of what's really required by the law.
      ...
      Update 2: Another Apple representative has added details on the Sarbanes situation: it's about accounting. Because of the Act, the company believes that if it sells a product, then later adds a feature to that product, it can be held liable for improper accounting if it recognizes revenue from the product at the time of sale, given that it hasn't finished delivering the product at that point. Ridiculous.
      Obviously, the author doesn't agree with Apple, but of all the ulterior motives he suggests, simple profit isn't one of them.
      --
      Prov 9:8 Do not rebuke mockers or they will hate you; rebuke the wise and they will love you.
    67. Re:Don't tell Microsoft! by cartermb · · Score: 1

      Achromatic brings up exactly the point. What Apple advertises the component as being able to do determine when they get to recognize the revenue. Living in the big business software world for years myself, I can tell you that revenue recognition is indeed a big issue. We often have to avoid giving customers information on what is coming in future releases even if it will help us sell the product now because 1) we make no guarantees about features in future releases, and 2) we could get into a position where we cannot recognize the full revenue (which could be in the millions for each sale) because the customer has made the purchase on the condition that the future functionality will be delivered. Even if we take the cash today, we have to defer revenue on the books, thus decreasing our potential quarterly earnings. In Apple's case, though, they did not sell the product telling users that the new feature was coming in the future, so according to SarbOx, they should be in the clear. It could be a case of gouging the customer (also against the law if they purposely sold the product castrated with the intention that they get the customer to pay for an upgrade later), or it could be a case of being overly protective. I assume the latter, but I also assume that they will get an earful from consumer advocates who will do their homework on SarbOx and give them plenty of prior art to give the pause on the policy.

      My fear is that this becomes a slipperly slope is Apple continue to take this stance with this feature and future features of other products. Will they next charge for a firmware upgrade on your iPod which allows it to function with the latest release of iTunes. Will Micro$oft respond by charging for patches which add any new feature, or perhaps changing their entire service pack strategy by selling add-on features for an additional fee. I hope we don't go down that path, as the consumer will surely get the short end of this unintended consequence of investor protection with SarbOx.

      Another possibility is that Congress will clarify or modify SarbOx further, as it already is in some cases, to keep Apple from having to do this (or at least to keep them from using it as a crutch). I hope that someone (calling Lawrence Lessig) brings this to their attention.

    68. Re:Don't tell Microsoft! by Muad'Dave · · Score: 1
      OMG! I'm pretty sure that Concurrent Computer OEM'ed that lineprinter in the '80s. 300 LPM vs 600 LPM. I think it was a dataproducts under the hood. Here is a picture of the band it used. Talk about noisy!

      --
      Tiller's Rule: Never use a word in written form that you've only heard and never read. You will end up looking foolish.
    69. Re:Don't tell Microsoft! by ScrappyLaptop · · Score: 1

      You mean like charging (via downsampling) for not running "approved" media?

    70. Re:Don't tell Microsoft! by C0rinthian · · Score: 1

      Basically, the company can't claim revenue in January for a product delivered in June. It's a records thing. They sold the machines and already reported the earnings from those sales. If they turn this on, they need to either charge for it now (so earnings coincide with product delivery) or restate the earnings from when the machines were sold, and 'move' the money associated with .11n to match with product delivery.

      I assume that charging $4 for the enabler is more desirable than having to go back and modify their financial records.

      Just my interperetation, so I could be way off.

    71. Re:Don't tell Microsoft! by StrongAxe · · Score: 1

      There are many products that are built in ranges - for example, motherboards which have sockets for some components that are present in highe-end models, but absent in low-end models.

      In some cases, however, it is cheaper to build in the functionality and disable it, rather than to leave it out (Remember the iOpener? It was a web-TV like appliance sold by Circuit City, and did not have a hard drive. However, rather than custom design a diskless motherboard, the manufacturer used an off-the-shelf motherboard that had an on-board IDE controller, even though no drives were present (or envisioned, until some enterprising hacker caused much embarrassment by figuring out that with a bit of tweaking, you could add your own hard drive and run Linux on the box - this forced the manufacturer to redesign the motherboard to leave out the IDE controller)).

    72. Re:Don't tell Microsoft! by StrongAxe · · Score: 1

      If you bought a computer with 486-SX (with no floating-point prococessor), but for logictical reasons, the manufacturer installed a 486-DX instead (with a floating point processor, which they then disabled), you still got exactly what you paid for. If they later offered you an optional upgrade for $10 to re-enable the disabled functionality, are you being cheated? No, because you got exactly the functionality you paid for. The fact that there was more, inactive hardware under the hood did not damage your use of the computer in any way.

      Look at any car - there will be place on the front panel, and doors, etc. where there are pre-drilled holes for various options that are not installed. The manufacturer is not cheating you by not installing those options - you didn't ask for them, they didn't tell you they were installed, and you didn't pay for them. If you later choose to buy the options, you are fortunae to not have to pay to have holes drilled, because they were conveniently already given to you free when you bought the car.

    73. Re:Don't tell Microsoft! by Anonymous+Freak · · Score: 1

      This actually happens in many cases. The Toyota Prius, for example, is sold without an alarm system in lower-end packages, but it can be enabled using a scantool. Many dealers will do it for free if you're nice, usually as part of scheduled maintenance. Nice example. I have a Prius, and I did just this. I hadn't realized it before, but this means that my dealer could get in trouble with Sarbanes-Oxley. (Although on a Prius, the alarm is rather pointless unless you have the actually physically separate Glass Breakage Sensor; since nobody is going to be able to steal the car without your key or a tow truck, anyway.)
      --
      Another non-functioning site was "uncertainty.microsoft.com."
      The purpose of that site was not known.
    74. Re:Don't tell Microsoft! by Anonymous+Freak · · Score: 1

      It's more like selling it as 802.11g, not acknowledging .11a at all, then six months down the road saying they'll unlock .11a for $5. This is where the accounting problem comes in. If they charge the extra $5 up front, it's not an accounting problem, it's just profiteering. (Although from my limited legal knowledge, it would be 100% legal for them to do what you suggest.)

      Again, it's the Sarbanes-Oxley act that is the problem here. It makes it so that giving the customer a new feature later means that you have to wait until all features are delivered before you charge for it. If you sell it without the feature, claim the income now, then later unlock an unadvertised feature, you either need to restate your earnings for the previous sale, or charge for the unlocking, so that you can claim this feature was charged for now.

      For all I know, Apple might be totally overreacting, and doesn't actually NEED to charge the $5. I'm just attempting to explain Apple's explanation. I personally think it's stupid to charge the $5.

      --
      Another non-functioning site was "uncertainty.microsoft.com."
      The purpose of that site was not known.
    75. Re:Don't tell Microsoft! by Anonymous+Freak · · Score: 1

      The difference is that Apple didn't advertise it having a FooBar 3 processor. They only advertised it having a FooBar 2 processor. So having a FooBar 2 compiler makes sense.

      Then, six months later, they say "Oh, we're going to charge $5 for an update to allow you to use the FooBar 3 functionality."

      Because the customer, up front, thought he was buying a FooBar 2, that's what he paid for.

      Back to the real work, look at the prices of 802.11g hardware vs. 802.11n. .11n hardware definitely carries a price premium. So Apple can't just claim unlocking some monetarily-insignificant feature. The 'upgrade' is worth a noticeable amount of money.

      Another example would be HP's recent issue with some virtualization-processor-equipped computers coming with virtualization disabled. In this case, Intel doesn't make a 'Core 2 Duo 2.16 GHz Processor' that DOESN'T have virtualization, so you know by HP's own specifications that the processor has the capability, so a customer can rightly expect to get the functionality. But if all they said was "Intel Processor", then you don't know WHAT it has in it. It could be an old Pentium M, with no 64-bit, no dual-core, no virtualiztion. So if all three are 'disabled', you don't know any better, you are getting what you paid for. If, later, HP announces that you actually got Core 2 Duo, and if you want to unlock 64-bit, dual-core, and virtualiztion, you'll have to pay a minor fee. Well, these are new features to you. You didn't know about these when you bought it. So you're getting *NEW* features (even though they've actually been there all along,) so (according to Apple's reading of Sarbanes-Oxley, which I personally don't agree with, but I'm trying to explain Apple's viewpoint,) you need to pay for these new features.

      Apple never said "iMac includes 802.11n hardware, but you can only use 802.11g functionality," they said "iMac includes 802.11g."

      As one other person responded, a good example is the Toyota Prius. In low-end packages, it doesn't have an alarm. Yet all the hardware and software for the alarm is there. You have to pay the dealer to use a tool to unlock the alarm. (Some dealers will do this for free if you ask nicely enough during a regular service visit. But according to Apple's interpretation of Sarbanes-Oxley, these dealers shouldn't do so, because it's giving you a new feature you didn't pay for.)

      --
      Another non-functioning site was "uncertainty.microsoft.com."
      The purpose of that site was not known.
  2. sounds like by BadERA · · Score: 1, Interesting

    mo' money, mo' money, mo' money. Apple, greedy? Say it ain't so!

    Oh wait ... I'm not a fanboy ... and they're just like any other corporation ...

    --
    I am, therefore you think.
  3. So are they not going to patch software anymore? by Anonymous Coward · · Score: 0

    How exactly does this work in their little minds?

  4. bs by joesao · · Score: 5, Insightful

    This explanation doesn't hold water -- then why don't they charge for software updates, and why not charge $1.99, or $0.99, or even $0.01, instead?

    1. Re:bs by RFaulder · · Score: 2, Interesting

      That seems to make mroe sense, a 99 update over te iTunes network would be simple enough.

    2. Re:bs by Anonymous Coward · · Score: 0

      Oh Jesus, here we go. Would someone please just save us all some time and cut-n-paste the 100+ comment argument about "new version of the OS" versus "update" that's sure to follow a comment like this?

    3. Re:bs by Overly+Critical+Guy · · Score: 4, Funny

      I love when people lie and claim you have to pay "every year" even though new versions of OS X come out about every 2 to 3 years. Kudos for silently jacking up the price to $150 as well.

      I seriously doubt you ever used a Mac or quit using it because of that.

      --
      "Sufferin' succotash."
    4. Re:bs by Anonymous Coward · · Score: 0

      Software updates are fixes for functionality they have already sold you. They only have to charge for new functionality. At the company I work for, we were forced to halt our practice of free upgrades for everybody.

      They can't charge $0.01 because the price does have to reflect in some way what they think it is worth. I bet Apple could care less if you pirate this though.

      Apple is not making this up. Sarbanes-Oxley really is this dumb.

    5. Re:bs by Anonymous Coward · · Score: 0

      Not to mention that the only updates you don't get are the "Mac OS X 10.[version you don't have].[next point release]" updates. Anything marked "Security Update [year]-[3-digit number]" and any updates to apps like iTunes and iPhoto are available to anyone with a working Software Update control panel.

    6. Re:bs by soft_guy · · Score: 0

      He's probably talking about all of their new software in general - new versions of iLife, renewal of .mac, new QuickTime Pro license, etc.

      --
      Avoid Missing Ball for High Score
    7. Re:bs by Behlal · · Score: 2, Informative
      I love when people lie and claim you have to pay "every year" even though new versions of OS X come out about every 2 to 3 years. Kudos for silently jacking up the price to $150 as well.
      Erm, you aren't exactly 100% correct yourself. http://en.wikipedia.org/wiki/OS_X. Forgetting 10.0->10.1 because it was a free update, they have released updates pretty much yearly since then. The major exception is Jaguar, which will have had almost two years (though, Tiger was moved forwards, so was less than a year after Panther). The current cost of the OS is $129 (and if wikipedia is right, has been since at least 10.1). So 2-3 years is pretty far off the mark. P.S. I like active development of my software/OS and am very happy with my MBP.
    8. Re:bs by mcdermd · · Score: 1

      Not counting the unstable first releases, the only one that comes close to "a year" was the shelf life of Jaguar. It went on sale in August 2002 and lasted 14 months. Panther was released October 2003. Tiger was April 2005. Over 18 months. Leopard will end up being released nearly two years after Tiger.

    9. Re:bs by JasonTik · · Score: 1

      Bundle a service with the original sale. Or charge like $1 for it. Would that cover their concerns? The service provides the new functionality, and as a service, is ongoing, and thus not an issue.

    10. Re:bs by mollymoo · · Score: 2, Informative

      10.1 hasn't been updated since 2002-06-21. 10.2 hasn't been updated since 2004-12-04. With the release of 10.5, 10.3 will cease being updated. Now, it's not like your Mac is likely to get pwned without being patched every month or two, as is the case with 4-year-old copies of Windows, so updates aren't as critical to simply keep your system going. But the fact is if they find a new hole in 10.1 or 10.2 tomorrow, they aren't going to fix it. It remains to be seen if this policy will continue if security holes in Macs actually start getting exploited in the wild, but for the time being Apple really do have extremely short product lifecycles. The lack of product activation (there isn't even a license key, let alone all the bullshit you get with XP) mitigates this a bit if you don't mind a bit of piracy, and family pack licenses mitiagate it if you have multiple Macs, but it still sucks. Me? I take "family pack" literally, so I updated my iBook from my brother's purchased Tiger family pack disks. If they wanted to make it clear it was for a single households, they should have called it a "household pack" :)

      --
      Chernobyl 'not a wildlife haven' - BBC News
    11. Re:bs by mshih · · Score: 1

      That's probably the price point they need from the accounting stand point to pay for a settlement with the SEC over Jobs' options.

    12. Re:bs by Khuffie · · Score: 1

      It's not just about patches. Lots of software won't run at all on 10.1 or 10.2 nowadays. Whereas XP is over 5 years old, and most new software will still run on it, as well as Vista.

    13. Re:bs by DBCubix · · Score: 1

      This sounds like iCrap. Oh wait, lemme go trademark that and iFraud too. $$$

      --
      I called it a mighty Sperm Whale, she called it Finding Nemo.
    14. Re:bs by v1 · · Score: 1

      I thought they did specify household? Will have to rtfm tomorrow.

      --
      I work for the Department of Redundancy Department.
    15. Re:bs by SeaFox · · Score: 1
      Pay to keep up or don't get anymore patches.

      Apple backs security patches to the previous OS generation. They are releasing security patches for OS 10.4 and 10.3.9 at the moment. So you only have to buy every other release to keep getting patches. It's true Apple was releasing a new version of OSX every year for awhile there, but they have publicly stated they intend to stop doing this, which is why 10.5 has been more than a year coming.

    16. Re:bs by mollymoo · · Score: 1

      They do specify household (including students living away from home), as I later discovered while browsing the Apple Store. Who reads the small print?

      --
      Chernobyl 'not a wildlife haven' - BBC News
    17. Re:bs by Achromatic1978 · · Score: 2, Interesting

      Love it. You point out that the longest of several iterations is "nearly two years" (emphasis mine), and then chastise the GP for having the gall to call out the GGP's claim that all of the OS X iterations have been "two to three years".

    18. Re:bs by drsmithy · · Score: 1

      I love when people lie and claim you have to pay "every year" even though new versions of OS X come out about every 2 to 3 years. Kudos for silently jacking up the price to $150 as well.

      Heh. Wasn't that long ago Mac users were crowing about how much Apple r0x0red with their 12 month product cycle...

    19. Re:bs by Macthorpe · · Score: 1

      The lack of product activation (there isn't even a license key, let alone all the bullshit you get with XP) mitigates this a bit if you don't mind a bit of piracy.

      Wow, I don't understand why people even make this as a point.

      Who needs license keys and activation when you've crippled your OS so that it only runs on hardware you have approved? Apple have already got the premium you paid for the hardware, and OSX will only run on that hardware, so piracy is hardly a problem.

      If they opened up OSX so it could run on any computer, it wouldn't be without some of the infamous Apple DRM they're so fond of nowadays.

      --
      "It does not do to leave a live dragon out of your calculations, if you live near him." - Tolkien
    20. Re:bs by clickclickdrone · · Score: 1

      >why not charge $1.99, or $0.99, or even $0.01
      To cover their costs of collecting/processing the money I'd imagine. Sounds quite a reasonable amount under the circumstances.

      --
      I want a list of atrocities done in your name - Recoil
    21. Re:bs by sjf · · Score: 0, Troll

      True enough. However, XP sucked 5 years ago and thanks to service packs and updates, it sucks more today. Mac OS X on the other hand has improved by leaps and bounds in the last 5 years.
      (Not that the updates have all been good: iTunes has certainly seen its fair-use features reduced at the same time as adding video, podcasts etc.)

    22. Re:bs by Anonymous Coward · · Score: 0

      Did you pull that out of your ass or did you copy it off Twitter?

      Either way it's total bullshit.

    23. Re:bs by Xyde · · Score: 1
      This isnt as much of an issue as you think because there isn't really anybody still using 10.1 or 10.2 on the internet or at all.

      These early versions of OS X were barely usable for a lot of things, and very unrefined. Also most apps made now won't even run on them because of various differences. People who are savvy enough to have chosen a mac in the first place are usually very in touch with the OS and usually can't wait to upgrade (either legitimately or not).

    24. Re:bs by FinestLittleSpace · · Score: 1

      Yes, because the itunes network has specifically designed to deal with hardware updates.

    25. Re:bs by Khuffie · · Score: 1
      And how is that relevant to the discussion at hand aside from you taking a cheap shot at XP and touting the horn of your beloved OS X?

      Oh, it isn't. I thought so.

    26. Re:bs by Anonymous Coward · · Score: 0

      I didn't quit using my mac because of that, but I'm very seriously looking into Ubuntu for PPC.
      I have iTunes 6, because iTunes 7 need QT 7, and that will invalidate my QT6 Pro licence.
      I cannot have java 1.5 because I refuse to pay for an OS upgrade, when my current OS run perfectly well. And I will certainly never buy an iPod, because they removed firewire support (I'm presently limited to USB 1).
      So, no, I didn't quit to use my mac because of planned obsolescence, but, for those reasons and many others, Apple is certainly now in the set of companies from which I will probably never buy anything anymore (just next to sony).

    27. Re:bs by RFaulder · · Score: 1

      Yes, because Software Update was specifically designed to deal with credit card purchases. Being that everyone who gets an Apple TV will want 802.11n, it makes sense that iTunes would be the hub for everything; including, I presume, the streaming settings for Apple TV.

    28. Re:bs by sjf · · Score: 1

      It's as relevant as the parent comment. if there is a compatibility issue. And, there is. Then at least there are substantial benefits and new features from the changes in Mac OS X over the last five years. As someone who has used XP every day for the last five years, I'm very hard put to find a new feature or update that hasn't been security or bug fix related.

      Tell me how XP today is better than it was five years ago. Given the DRM restrictions in Vista, it's pretty clear that in the narrow terms of "fair use", that OS may well be a step backwards over XP.

      I run XP, Linux and Mac. Like Jim Alchim I'm happier with the Mac Experience. Heck, I'm happier editing code in emacs, so my opinion is suspect anyway, so shoot me.

    29. Re:bs by Khuffie · · Score: 1
      I run XP, Vista and Mac. I'm happier on Vista, Mac being the bottom. That's irrelevant, and so is your preference.

      Substantial changes and new features? Spotlight? Expose? Dashboard? All of which can be found on Windows. For free. How is XP better than 5 years ago? Windows firewall built in. IE7. Media Player 11 (which runs on Windows XP purchased 5 years ago...oh, look! iTunes 7 only works on 10.3. Oh look! The new nano's require iTunes 7! How's that for vendor lock in?). The fact that new software still works on my five year old OS is great (and will continue to work even when Vista is out). See, the thing is, the vast majority of these 'features' in OS X that Apple charges full price for are upgrades to their built in apps...which Microsoft releases for free.

    30. Re:bs by Anonymous Coward · · Score: 0

      I call extreme bullshit. Traditional Mac users -- graphic artists, musicians, grandmas, etc -- are the kind of people who buy a computer and use it as-is until it's time to upgrade. Any of those people who haven't bought a machine in the last 3 years or so are probably still on Jaguar or Puma. Case in point: any time the Conan O'Brien show puts up a screenshot of a website for a comedy bit they're doing, it's always in IE for Mac. That means the machine used to create the screenshot came with Jaguar or below, and the graphic artist who uses it still uses IE. Which strongly implies that it hasn't been upgraded to Panther or Tiger, which include Safari.

      I'm pretty sure these types of people are still the majority of Mac users overall. Definitely not on Slashdot, but in general, yes.

  5. Finally! by Protonk · · Score: 5, Funny
    NOW Apple pays attention to accounting laws!

    :)

    1. Re:Finally! by Jamil+Karim · · Score: 1

      You are right. Not paying attention to accounting laws isn't an option for Apple at the moment...

      If you didn't groan, my work here isn't done... =)

  6. mmm.. boooze.... by jythie · · Score: 2, Interesting

    Sounds like someone had way to much to drink before going live.

    Either that or someone high up in apple is really jumpy right now and it playing it safe to insane degrees.

    1. Re:mmm.. boooze.... by Midnight+Thunder · · Score: 3, Insightful

      Either that or someone high up in apple is really jumpy right now and it playing it safe to insane degrees.

      After the stock options issue, you bet that they are being over cautious. Now whether they are interpreting the law correctly, is another matter.

      --
      Jumpstart the tartan drive.
    2. Re:mmm.. boooze.... by Anonymous Coward · · Score: 2, Insightful

      I'd be willing to bet that they're deliberately misinterpreting the law. They won't be the only ones, many companies have very publicly complained about how terrible sarbox is and how they are bleeding money just trying to audit where their money is bleeding to, and many of those are clearly performing what amounts to theatrics. (Compare making ridiculous statements such as "sarbox bans us from ever giving foo away for free" to a law requiring all non-folding knives over 5 inches in length to be "sheathed" in public, with people protesting by jabbing their knives into their legs and wailing about how the terrible, terrible law forces them to sheathe their knives in their legs.)

      No different from all the companies who canceled or froze their pension plans after the pension protection act last year. Apparently asking corporations to honor their contractual promises or be liable for the results if they did not take certain steps to help ensure that the pension they're promising can be paid is just so very terrible. Naturally, they're calling for the act to be repealed so they can go back to offering pensions they obviously have no intention of honoring.

    3. Re:mmm.. boooze.... by Anonymous Coward · · Score: 0

      many of those are clearly performing what amounts to theatrics

      QFT.

      I get so sick of companies whinging about various things that should really be considered part and parcel of doing business, and billing their customers extra for them as a way of passing on the pain. Here in Australia the (formerly public) utility companies are past masters at this game, but others are picking up on it as well. For me, it just makes me all the more likely to jump ship when a viable competitor who behaves better shows up.

  7. Wow by Umbral+Blot · · Score: 2, Insightful

    Either a) anyone who offers a patch that fixes a bug or adds a feature and doesn't charge for it (which happens all the time, for example: windows update) is breaking the law or b) Apple is delusional / wanted an excuse to charge you more money.

    I know which one I believe.

    1. Re:Wow by steve_bryan · · Score: 5, Insightful

      How about (c) You are incapable or unwilling to actually read an article before typing your uninformed opinion. The change due to Sarbanes Oxley only applies to new features, not bug fixes. Now you may return to anguished seething about how much you hate Apple and Steve Jobs.

    2. Re:Wow by killa62 · · Score: 1

      But can microsoft reasonably argue that the windows powertoys do not add new features?
      http://www.microsoft.com/windowsxp/downloads/power toys/xppowertoys.mspx

      I think that apple is just trying to eek out a profit

    3. Re:Wow by Lumpy · · Score: 1

      Microsoft has done this before.

      Windows 98 was a $100.00 patch to windows 95. Windows 98SE was a patch to windows 98 that ALSO cost money.

      I dont consider Windows ME to be an upgrade to anything.

      --
      Do not look at laser with remaining good eye.
    4. Re:Wow by UnknowingFool · · Score: 2, Informative

      PowerToys is considered a beta offering. Microsoft will not support it and thus is not a product. From the page:

      We take great care to ensure that PowerToys work as they should, but they are not part of Windows and are not supported by Microsoft. For this reason, Microsoft Technical Support is unable to answer questions about PowerToys. PowerToys are for Windows XP only.
      --
      Well, there's spam egg sausage and spam, that's not got much spam in it.
    5. Re:Wow by steve_bryan · · Score: 2, Informative

      I suspect Apple is just spreading the pain resulting from Sarbanes-Oxley and as time passes others, probably including Microsoft, will be forced to a similar position. At this point the idea that Apple has to "eek out a profit" is comical. Take a look at the financial numbers for Apple to see how silly that comment is. There are reasons why their stock price is at its highest level ever.

    6. Re:Wow by Trillan · · Score: 4, Insightful

      No, Microsoft can't possibly argue that PowerToys don't add new features. But PowerToys is not hardware, and it has been out longer than the Sarbanes-Oxley Act.

      Apple doesn't need a few hundred people spending $4.95 to be profitable. I think they're on to something here in their interpretation of the law, unfortunately. I'm not a lawyer, but you can bet Apple had their lawyers look at it.

    7. Re:Wow by moonbender · · Score: 1

      The crucial thing is not that it's a beta or that it'r not supported, the crucial thing is that it is not part of Windows. It's an additional product, which happens to run on Windows. Apple would have a fairly hard time arguing that a patch to its hardware's firmware is a seperate product, the patch obviously adds a capability to a product Apple has already sold. It's also not a bugfix, since it's also a feature they haven't advertised in the past. (I'm not taking a position here, this is the reasoning as I understand it from the discussion on Ars Technica.)

      --
      Switch back to Slashdot's D1 system.
    8. Re:Wow by Lussarn · · Score: 1

      but you can bet Apple had their lawyers look at it.

      I'm sure they have, they have probably looked for months on how they can make it illegal to distribute free patches. Now they have found a "loophole" and can start charging money for simple upgrades to a driver.

    9. Re:Wow by Trillan · · Score: 1

      Look out, your tin foil hat is slipping.

    10. Re:Wow by weg · · Score: 2, Interesting

      Well, SOX doesn't apply in Europe, and I can't find such a product in the European stores.. does that mean that they won't charge the fee over here?

      --
      Georg
    11. Re:Wow by Anonymous Coward · · Score: 0

      I have been working in the software industry for the last 6 years in finance and accounting roles and I have a lot of experience around revenue recognition rules for publicly traded software companies. What Apple is doing is common practice in the industry and is a pain for most product managers because it makes no sense from a customer's perspective.

      There are very specific revenue recognition rules on delivering incomplete and/or promising future updates that provide new features and/or functionality to a product. Based upon how Apple is charging for the "unlocking fee", it confirms that they began shipping the newer Mac computers before they finalized 802.11n. From a revenue recognition standpoint (remember, we live in a cash based world, but publicly traded companies live in an accrual-based accounting world), there are different ways to account for the decision to ship incomplete hardware to customers and then providing a finished product in the future.

      1) Do not charge for 802.11n: This is what everyone probably wanted to hear from Apple, "We are shipping 802.11n enabled hardware, but it will not be ready for X months. Customers who purchase now will be able to enable the hardware with a software update when it becomes available." If Apple made this commitment to its customers, it would have to defer a portion of the revenue from each unit that ships with the 802.11n cards. Sometimes this amount can be trivial, but based upon Apple's decision to charge to unlock 802.11n, I would assume the amount was not trivial to them. For example, if we assume that a brand new 802.11n wireless card would cost $100, an auditor would assume the value of providing 802.11n to the customer is worth ~$100. Let's say a computer costs $2,000, then the company would be able to recognize $1,900 now and then recognize the $100 once the feature has been delivered to the customer. If this happens within the same quarter, it is not a big deal. But if you cross a quarter or multiple quarters, it is can be a big deal. In some EXTREME cases, the auditing firm may say, "Since the wireless card is an integral part of the computer, you'll have to defer the entire $2,000 until you ship 802.11n." This is an extreme example, but in some cases, it does apply. (Don't rationalize it! It'll make your head spin...)

      2) Charge for 802.11n: Do not get this confused with bug releases, patches, and other non-feature releases of a product. There are rules that allow companies to "fix" their products if they are broken, such as security patches to fix critical flaws in your software, bugs, etc, without charging a fee. It is assumed that the product should function and companies are allowed to fix them. BUT, in Apple's case, they are not providing a hot patch or bug fix, they are providing a new wireless standard that was not complete when you purchased it. So to avoid revenue recognition hell (see above), Apple doesn't announce that hardware has been shipping with 802.11n hardware and charges customers to activate it once the standards have been finalized. This allows them to avoid deferring a large portion of revenue from their hardware sales, but really sucks for the customers.

      This probably sounds all crazy and you probably think I work for Apple (I don't), but this applies to all software companies... Ever wonder why there are certain windows of time that qualify for free upgrades? Why companies have very odd cross product upgrade paths??? Hahaha! Welcome to the world of publicly traded companies and public accounting!

    12. Re:Wow by mr_matticus · · Score: 4, Insightful

      It's NOT a simple upgrade to a driver. It adds an entirely new function to the device on a new protocol not interoperable with other equipment. Enabling it is a simple firmware update, but it is a material change to a shipping product.

      It's not about free patches being illegal, it's about Apple not reporting its hardware properly. You can't make a substantive, material change. From the perspective of government oversight, the products Apple has been shipping did NOT have n-capable hardware. Now they do, but you can't go back and re-file the paperwork. You have to report the upgrade in accounting filings, and you can't report something in your accounting files that doesn't cost anything. With the company being under investigation for its accounting practices, it's best not to take any risks at all while under the probe.

      If federal regulators respond to the story and say "Apple can ship this update for free without worrying about legal implications" you can bet your ass that the $4.99 fee will be dropped. Like they want to deal with handling a bunch of $5 transactions and shipping out physical CDs instead of pushing a software update.

    13. Re:Wow by Junior+J.+Junior+III · · Score: 4, Funny

      How much do you want to bet that Apple Legal said "Yep, you can go ahead and release this patch for free." and then when Apple looked at the bill from Legal for this advice, decided that they needed to charge $5/download just to cover the consultation fees.

      --
      You see? You see? Your stupid minds! Stupid! Stupid!
    14. Re:Wow by Lussarn · · Score: 1

      I think I understand now, it's nice to know at least one OS out there is Sarbanes-Oxley compliant. If you need it, look no further.

    15. Re:Wow by reallocate · · Score: 1

      I'm sure Apple "Legal" is either on staff or on retainer. No billing here.

      Apple's not making any money off this. If they did it for the money, they would've saved it for the next hardware cycle.

      --
      -- Slashdot: When Public Access TV Says "No"
    16. Re:Wow by steve_bryan · · Score: 2, Insightful

      they needed to charge $5/download just to cover the consultation fees

      You probably meant this to be a humorous comment. On the off chance you were serious it should be pointed out that Apple is a large multinational company and as such they have an entire legal department. They are paid a salary, not consulting fees. Ocassionally they may be given a biscuit for a particularly nice trick.

    17. Re:Wow by leshert · · Score: 1

      The crucial thing is not that it's a beta or that it'r not supported, the crucial thing is that it is not part of Windows. It's an additional product, which happens to run on Windows.

      That's incorrect. Some of the elements of the PowerToys (particularly TweakUI) simply enable features already existing in Windows but not exposed or advertised. It's possible that the fact that TweakUI is not supported might keep them safe, though--I'm neither a lawyer nor an accountant.

    18. Re:Wow by Jherek+Carnelian · · Score: 1

      I think they're on to something here in their interpretation of the law, unfortunately. I'm not a lawyer, but you can bet Apple had their lawyers look at it.

      What they are probably "on to" is an attempt to generate a grass-roots campaign against Sarb-Ox. Wall-Street has been moaning about how anti-business Sarb-Ox is since before it was even implemented. All kinds of terrible doom and gloom have been predicted and blamed on Sarb-Ox. Which was itself a reaction to the various accounting scandals like Enron, Worldcomm and in retrospect - games like options back-dating.

      By taking an extreme interpretation of Sarb-Ox and using it to hit customers where it hurts - in their wallet, Apple is generating ill-will towards Sarb-Ox. If it causes enough of an uproar, maybe Sarb-Ox gets repealed and then Apple (and the rest of Wall-Street) are again free of these oh-so-terrible and burdensome accountability and compliance requirements.

    19. Re:Wow by Junior+J.+Junior+III · · Score: 1

      Yup, humor was intended. Glad it didn't escape everyone:)

      --
      You see? You see? Your stupid minds! Stupid! Stupid!
    20. Re:Wow by Anonymous Coward · · Score: 0

      Um, Apple is a publicly-held, US company. It doesn't matter where the computers are sold. Apple has to be accountable to US shareholders for all of their worldwide sales.

    21. Re:Wow by aztracker1 · · Score: 1

      PowerToys mainly change existing functionality, mostly by adding/modifying registry entries. I think about the only exception is the task-switch powertoy... the calculator is a "free" application, and doesn't change core functionality. Aside from this, as I mentioned, the functionality is already there, but buried in the registry, these tools merely bring it out...

      It'd be like any other app that makes registry changes in a friendly manner...

      --
      Michael J. Ryan - tracker1.info
    22. Re:Wow by VGPowerlord · · Score: 1

      By bringing the OS in to the picture again, you've shown that you apparently don't understand, as this has nothing to do with OSes.

      --
      GLaDOS for President 2016! "Well here we are again. It's always such a pleasure." -- GLaDOS, 2011
    23. Re:Wow by VGPowerlord · · Score: 1

      98SE was nothing more than Windows 98 with a collection of updates that you could already download from the Windows Update site pre-applied to it.

      ME, on the other hand...

      --
      GLaDOS for President 2016! "Well here we are again. It's always such a pleasure." -- GLaDOS, 2011
    24. Re:Wow by lessthanjakejohn · · Score: 1

      Or they want to sell their new airport extremes

    25. Re:Wow by Khuffie · · Score: 1

      The Security Center, Firewall, IE7, etc are all new features for Windows XP released for free.

    26. Re:Wow by Trillan · · Score: 1

      "Don't recognize revenue until the product is complete," seems pretty straightforward to me. That it could tangle with enabling new features that were not promised to customers is also pretty straightforward to me.

      I also have failed to see where Apple has commented on this AT ALL, which would seem to be a requirement for activating people against it.

    27. Re:Wow by steve_bryan · · Score: 1

      It may not be entirely obvious from context but this issue is not about policies in the past. If you go back a few years (before the brief flirtation with Mac compatible clones) all Apple system software updates were free. That policy changed and didn't change back when Mac clones were discontinued. The point is that these policies change sometimes due to new external facts (like Sarbanes-Oxley). We'll have to see if Apple's interpretation is shared by others based on what they do in the future. Maybe Congress will see fit to modify this new regulation so it won't have this effect.

    28. Re:Wow by DavidTC · · Score: 1

      The product was complete. It was actually manufactured, it was sold in stores, people used it for the claimed purpose, everyone was happy, no one even knew it could do 802.11n.

      Apple's fucking with people here. There's no interpetation of the law that says allowing customers to add features to a product after the sale is not legal.

      --
      If corporations are people, aren't stockholders guilty of slavery?
    29. Re:Wow by mr_matticus · · Score: 1

      That's not to say that Apple's legal department handles everything the company does, or that Apple does not incur consulting fees for outside counsel. Outside law firms are placed on retainer all the time, and Apple pays millions of dollars a year in legal fees to non-Apple employed lawyers. This is not an unusual practice, even for very large corporations.

      Think about it. Apple doesn't hire lawyers with every conceivable specialty; it hires lawyers to cover the usual suspects in business law. Other things that come up require new lawyers. I'm not supporting the comment you've responded to (certainly the $5 has nothing to do with legal costs); I'm simply clarifying that big companies do indeed have outside legal help and large lawyer bills.

    30. Re:Wow by steve_bryan · · Score: 1

      Yes, I thought about qualifying my reply to include the possibility that the legal work could have been consulting work just as Apple (and Microsoft and other) will sometimes hire contract workers for engineering projects also. But I thought it would dilute the force of the statement that actual concerns about Sarbanes Oxley was a much better explanation than fanciful notions that they added fees to cover legal expenses that were not needed. Of course I also guessed that the person making the comment was probably joking and indeed he has confirmed it was meant in jest.

    31. Re:Wow by bnenning · · Score: 1

      What they are probably "on to" is an attempt to generate a grass-roots campaign against Sarb-Ox. Wall-Street has been moaning about how anti-business Sarb-Ox is since before it was even implemented. All kinds of terrible doom and gloom have been predicted and blamed on Sarb-Ox. Which was itself a reaction to the various accounting scandals like Enron, Worldcomm and in retrospect - games like options back-dating.

      s/Wall Street/civil libertarians/
      s/SarbOx/PATRIOT Act/
      s/accounting scandals/9\/11/

      Amazing how so many people unquestioningly support greatly expanded government power in one area and simultaneously rail against it in the other.

      --
      How to solve most of our problems: 1.Lots of nuclear plants. 2.Cure aging.
    32. Re:Wow by dave420 · · Score: 1

      So Apple are the first people since Enron to add new functionality with software? All those BIOS updates, new drivers, etc. that were released by hardware manufacturers (of which many add new functionality) never happened. Brilliant. Apple is not doing anything new. Shit, even on the front page of /. today there is a story of HP's computers getting a new BIOS to enable CPU goodness. That's obviously new functionality (it adds new stuff to the BIOS, allowing the computer to do new stuff itself). But please - tell me how that's different.

    33. Re:Wow by delinear · · Score: 1

      It seems to me that if Apple really were worried about Sarbanes Oxley, the obvious solution would be to not release the updated firmware to past customers. Just include it with current and future sales and let it "find its own way" onto the internet.

    34. Re:Wow by Anonymous Coward · · Score: 0

      Since I know you must be absolutely correct (you make no mistakes, right?) then these must all be hardware that got added functionality! Wow, I didn't know that Security Center, Firewall and IE7 are hardware. I think I got cheated!!!

    35. Re:Wow by steve_bryan · · Score: 1

      Right, you genius's have seen through the evil plot and have discerned this is how Apple plans to achieve profitability! It has nothing to do with Sarbanes-Oxley and its onerous accounting regulations. A complete ruse! What's that? You don't even own any Apple hardware? Well, all the more remarkable that you would lend your subtle and omniscient wisdom to explaining the world to baffled Apple customers. They might be easily misled by the continuing availability of Apple's free Software Update which has actually been effective. All part of the subtrafuge to arrange the scheme to extract $5 a crack from those thousands of customers who purchased a product with an unannounced feature. Explain to me again how we know the Earth to be banana shaped.

    36. Re:Wow by Jherek+Carnelian · · Score: 1

      Oh soo brill! Except you missed one enormous point - both civil libertarians and those who are opposed the patriot act and its brethren all want one thing - accountability.

      You choose to frame it in terms of "Expanded government" - which is an extremely generic and thus almost meaningless term. If all you were doing was running a poll that said "Are you in favor of expanded government or reduced government" then the choice would be simple. But life ain't that simple.

    37. Re:Wow by steve_bryan · · Score: 1

      let it "find its own way" onto the internet.

      I think this is exactly how they expect many people to get the update. I certainly can't speak for Apple but I doubt if they care. On the other hand they are a company that has been around for thirty years and they have many customers who are glad to pay for the peace of mind that comes with the increased certainty that no malware is being carelessly installed.

      I don't have any special insight into Sarbanes Oxley or how it does or does not apply specifically to this case. I do have a reasonably clear view of the context. Apple's revenues and profits have never been higher. They are also an American institution that has been around for a long time and plan to be around a lot longer. They would neither need nor want the $5 per transaction if it is a scam.

      On the other hand there is a peculiar personality type on /. that has a perverse fixation on Apple and/or Steve Jobs. Not only would they never buy anything from Apple, they are offended that anyone else does. At every opportunity they spew venom regardless of how illogical it might be. That doesn't mean they have to be wrong (after all someone was messing around with stock option dates) but I'm just pointing out that it doesn't make much sense. If a pattern of unannounced feature update charges appears then I am wrong. If it doesn't then my interpretation is probably accurate.

    38. Re:Wow by hauntingthunder · · Score: 1

      If federal regulators respond to the story and say "Apple can ship this update for free without worrying about legal implications" you can bet your ass that the $4.99 fee will be dropped

      about the time I am ellected president

      --
      You will never get to heaven with an Ak 47... But A Zu 30 is good for Low Flying Cherubim
  8. Doesn't Make Sense to Me by Cap'nPedro · · Score: 3, Insightful

    So why does it cost $4.99 for a feature which tas taken very little work to implement?

    OK, so it's fair that they're charging for it - if you believe their excuse, but why not $0.99 or $1?

    1. Re:Doesn't Make Sense to Me by bar-agent · · Score: 1

      Overhead?

      --
      i'd hit it so hard, if you pulled me out you'd be the king of britain [bash.org]
    2. Re:Doesn't Make Sense to Me by Anonymous Coward · · Score: 5, Funny

      Prolly because Apple users don't feel right (ie superior) if they don't pay 200% or more markup on something...

      -Ac

    3. Re:Doesn't Make Sense to Me by castle · · Score: 0

      God, that comment was funny.

      Oops, burned karma.

    4. Re:Doesn't Make Sense to Me by xenocide2 · · Score: 1

      Or, why not value it at marginal cost, and give it to users for free and write it off under goodwill? I'm no accountant, but it smells like something fishy is going on. Charging 5 dollars for what amounts to a software upgrade puts a huge dent in adoption rates; are they perhaps worried that some of their other devices without 802.11n support will be hurt against competition that does support n?

      --
      I Browse at +4 Flamebait

      Open Source Sysadmin

    5. Re:Doesn't Make Sense to Me by __aaclcg7560 · · Score: 2, Insightful

      I had the same thought when I heard the pricing on the iPhone and Apple TV.

    6. Re:Doesn't Make Sense to Me by Kadin2048 · · Score: 2, Interesting

      I think they realize that very few people are probably interested in 802.11n, because few have equipment to work with it. In any case, this functionality will almost certainly be included in the next major OS upgrade, so the market for this patch is a very small minority of Mac users, who aren't that huge a market to start off with. I think that's why it's not cheaper (like $1 or $0.01, as others have suggested). It's probably only going to be a few thousand copies that they move anyway, before the next big OS upgrade.

      This whole thing looks more to me like Apple being "once bitten, twice shy" with regards to things that might possibly interest the FTC, rather than any big conspiracy.

      --
      "Ladies and gentlemen, my killbot features Lotus Notes and a machine gun. It is the finest available."
    7. Re:Doesn't Make Sense to Me by 99BottlesOfBeerInMyF · · Score: 1

      So why does it cost $4.99 for a feature which tas taken very little work to implement? OK, so it's fair that they're charging for it - if you believe their excuse, but why not $0.99 or $1?

      I think most people are missing the point. I suspect it's not the software feature so much that users are paying for. Apple told users they were getting 802.11G cards and sold them as such. In reality, some were also capable of 802.11N. Since that feature was disabled, that was just fine, but if they're going to send out a software upgrade that unlocks a new hardware feature, they're suddenly running across some very gelatinous ground given our weird laws. I think the law specifies a minimum of $1 for such items, but I doubt it costs apple $4 for processing that dollar. More likely $5 is the price difference between an 802.11G and an 802.11G/N card.

    8. Re:Doesn't Make Sense to Me by UnknowingFool · · Score: 1
      OK, so it's fair that they're charging for it - if you believe their excuse, but why not $0.99 or $1?

      It might have to do with spirit of the act. By charging anything Apple covers themselves with the letter of law but they have to charge something nominal in order to comply the spirit of the law. After all, what is the wholesale cost difference between a 802.11g card and a 802.11n card? Probably around $5.

      --
      Well, there's spam egg sausage and spam, that's not got much spam in it.
    9. Re:Doesn't Make Sense to Me by gnasher719 · · Score: 1

      '' Or, why not value it at marginal cost, and give it to users for free and write it off under goodwill? I'm no accountant, but it smells like something fishy is going on. Charging 5 dollars for what amounts to a software upgrade puts a huge dent in adoption rates; are they perhaps worried that some of their other devices without 802.11n support will be hurt against competition that does support n? ''

      I guess the whole thing sound ridiculous to you, as it does to me, and probably to Apple's accountants as well.

      The problem is that the USA are full of ambulance-chasing lawyers, and if Apple did what appears the reasonable thing to do (free upgrade), then you can be guaranteed that someone would start a class action lawsuit against Apple.

    10. Re:Doesn't Make Sense to Me by soft_guy · · Score: 5, Insightful

      You know what doesn't make sense to ME? It is that everyone on Slashdot seems to be assuming that this is real when in fact it comes from some guy's blog and he's reporting it as something that someone said on the floor at MacWorld.

      I think I'll wait until Apple actually announces this before I even think about reacting to it one way or the other.

      --
      Avoid Missing Ball for High Score
    11. Re:Doesn't Make Sense to Me by russellh · · Score: 1
      OK, so it's fair that they're charging for it - if you believe their excuse, but why not $0.99 or $1?
      Well, in a word, probably : accounting. they most likely have projects with individual budgets that need to show ROI.
      --
      must... stay... awake...
    12. Re:Doesn't Make Sense to Me by Anonymous Coward · · Score: 0

      it would be a shareholders action, not a class action, but otherwise you're absolutely right.

    13. Re:Doesn't Make Sense to Me by macdaddy · · Score: 1

      Probably because charging $0.99 would cost them money. I don't have exact figures but I do know that credit card processing companies have a minimum fee on all transactions. I'd say that it's very likely their fee plus Apple's own costs backend costs for processing incoming orders would exceed $0.99.

    14. Re:Doesn't Make Sense to Me by Anonymous Coward · · Score: 0

      I bet there's actually substantially different firmware that actually enables 802.11n. It's my impression that every wifi device driver really loads firmware onto the wifi device each time it loads, and it does this for multiple reasons (ncluding controlling which frequencies it is allowed to use in a given country. So, given that the firmware really does extend the actual functionality of the wifi device to correctly function as an 802.11n product, I think it makes sense to try doing this. When you bought the computer, you did not buy the 802.11n firmware, which is actually needed to enable that functionality. I think 802.11n functionality probably does take some non-trivial amount of work to implement, test, debug, and certify. However, I think that Apple selling the 802.11n functionality for $4.99 is not a bad deal either, when compared to scams of the past.

      This is not the first time someone's shipped different firmware to make the same physical hardware to have enhanced functionality. The case I recall are some PCI IDE RAID controller cards from Promise Technologies. In that case, though, the version of the card that had RAID functionality had a different image on the on board flash chip. People found out that they could reprogram the flash on the non-RAID product to give it the same functionalit as the RAID product. I forget though if you could have gotten the RAID flash for free, but the price for the non-RAID and RAID product was greater than $30.

      I also remember some hardware modems (no, not Windows modems) that had their firmware loaded by a device driver or firmware loader that ran from DOS. These were modems that would work under Linux if you loaded the firmware under DOS, and then warm rebooted into Linux. They did sell (as in you had to pay some amount of money that was a fraction of the non-soft modem) a firmware to get a faster transfer rate. IIRC the higher performance firmware cost about $30 as well.

      So, again, I think $4.99 is pretty decent. Though I'd expect the firmware to appear through uh less official sources.

    15. Re:Doesn't Make Sense to Me by xenocide2 · · Score: 1

      "I think they realize that very few people are probably interested in 802.11n, because few have equipment to work with it."

      Apparently in some cases, the equipment is already there, waiting to be upgraded, perhaps without the customer even realizing it.

      --
      I Browse at +4 Flamebait

      Open Source Sysadmin

    16. Re:Doesn't Make Sense to Me by Anonymous Coward · · Score: 0

      However, Apple has already had the infrastructure in place for micropayments. People can buy 99 cent iTunes track. Apple pays 65-70 cents to the label, the rest is for bandwidth and credit card transaction and still manages not to lose money. Who knows how they came up with $5.

      If the reason is truly SOx law, I hope Apple can make it up somehow like issuing $5 gift card for "aprreciation to loyal customers". That is, if giving away gift card to select customers are allowed by the law. 8P

    17. Re:Doesn't Make Sense to Me by xenocide2 · · Score: 1

      "The problem is that the USA are full of ambulance-chasing lawyers, and if Apple did what appears the reasonable thing to do (free upgrade), then you can be guaranteed that someone would start a class action lawsuit against Apple."

      Then where's the shareholder class action against Steve Jobs? Here we have a touchy case on something the public is frustrated about: executive compensation. Yet there's no shareholder outrage. You want to know why? Because investors are making good returns. Would the FTC really start a case against Apple for offering this upgrade for free? I think not. My best guess is that this is intended to be a loud complaint about the FTC and other regulations. The fact that they'll roll it out with the next upgrade is amusing, and suggests that they don't have much to lose by putting it off for a while. But really, I can't see how their logic doesn't apply to security upgrades. I hope Sarbanes or Oxley clarify some time.

      --
      I Browse at +4 Flamebait

      Open Source Sysadmin

    18. Re:Doesn't Make Sense to Me by Anonymous Coward · · Score: 0

      I wonder if the charge is because 11n is now a feauture with value whereas before it was not. As there were no hardware changes, something known by the company to have value was previously given away.

    19. Re:Doesn't Make Sense to Me by Anonymous Coward · · Score: 0

      "Prolly because Apple users don't feel right (ie superior) if they don't pay 200% or more markup on something..."

      What is this, 1987?

    20. Re:Doesn't Make Sense to Me by nomadic · · Score: 1

      Or, why not value it at marginal cost, and give it to users for free and write it off under goodwill? I'm no accountant, but it smells like something fishy is going on.

      I'm no accountant either, but from what I understand goodwill has a very specific definition and is only applied for some losses incurred during mergers.

    21. Re:Doesn't Make Sense to Me by gnasher719 · · Score: 1

      '' Then where's the shareholder class action against Steve Jobs? ''

      There are quite a few running. Note that you don't necessarily need any angry shareholders to start a shareholder class action lawsuit. There has been a case where a man was used as the lead name in a class action lawsuit without his consent, complained about it, and was promptly sued by the law firm that started the lawsuit!

  9. Well understood by Space+cowboy · · Score: 4, Insightful


    I thought this was common knowledge - I've been arguing that the effects of Sarbanes-Oxley are detrimental for some time now.

    The major problem is that it invites software companies (I'm not making any accusations here) to put out shoddy software, full of bugs and not-ready-for-primetime features, giving themselves the option to *not* charge for upgrades later, perhaps for business-reasons. Bugfixes, you see, are not subject to the S-O ruling. This is not the way I'd like to see the s/w industry go...

    Simon.

    --
    Physicists get Hadrons!
    1. Re:Well understood by mandelbr0t · · Score: 2, Interesting

      In the words of a SOX-IS Project Manager I once worked with, "Incompetence is an excuse." That certainly doesn't inspire any confidence in me that SOX-IS controls actually do anything useful.

      mandelbr0t

      --
      "Please describe the scientific nature of the 'whammy'" - Agent Scully
    2. Re:Well understood by Foryst · · Score: 1

      So SOX stops OS X sockets, shocks /.ers?


      On a less alliterative note, the Sarbanes-Oxley Act (SOX) seems to be one of those bills put into place to allow a fall back contingency for charging a corporation, or at least allowing investigatory subpeonas. Kind of like how they got Capone for tax evasion in the end. In today's age, does it really make sense to create laws like that targetting corporations that can afford to spend more on lawyers than the government who passes the bills in the first place?

    3. Re:Well understood by Bogus-Blogus · · Score: 2, Informative
      As someone who sells for a software vendor, I concur on the detrimental effects Sarbox compliance. Sarbox has added levels of complexity to the revenue recognition process that shouldn't be there. It is driving up our cost of sales and making a lot of busy work for lawyers, accountants and auditors.

      Forget whether $4.99 is a fair price. The important issue is whether Apple's explanation is really true, i.e. that they have to charge for it.

      Their spin almost fits -- if you sell a product and then later materially change the product you sold such that the first release would be considered not a product, then you have revenue recognition issues. You might have to re-book the deal because you sold something that did not yet exist.

      In this case, I see this as a new feature to an existing product. New features that don't re-define the product aren't going to cause a Sarbox issue.

      From the sales perspective, if someone says "Sarbox issue", you should be skeptical. Usually "Sarbox issue" means "I'm too lazy to figure out how to get this to market without causing any revenue recognition issues. And I might see some money in it too."

    4. Re:Well understood by DavidTC · · Score: 1

      The accounting practices that SOX made illegal are the ones that corporate executives use to defraud investors and stockholders out of billions. It's how to hide the fact a ship is sinking until you can escape.

      All this whining about SOX, and possible even what Apple's doing, is an attempt to get people upset at a law requiring companies to be honest and not list possible income from the next quarter as actual income this quarter.

      It doesn't require anyone to pay for anything. If Apple had promised an upgrade to 802.11n for 5 dollars, or promised a free upgrade later, it would have required them to not actually count money from that until, you know, it happened. It certainly doesn't have anything to do with what's going on now, because 802.11n functionality was not one of the reason that people purchased the machine.

      --
      If corporations are people, aren't stockholders guilty of slavery?
    5. Re:Well understood by bnenning · · Score: 1

      All this whining about SOX, and possible even what Apple's doing, is an attempt to get people upset at a law requiring companies to be honest

      Just like how people are upset about the PATRIOT Act when it's just trying to stop terrorists? The stated intentions of legislation are often wildly different from both its actual intentions and its effects in practice.

      --
      How to solve most of our problems: 1.Lots of nuclear plants. 2.Cure aging.
    6. Re:Well understood by lp-habu · · Score: 1

      I thought this was common knowledge - I've been arguing that the effects of Sarbanes-Oxley are detrimental for some time now.

      Q: What is Sarbanes-Oxley?
      A: It is a bill enacted by the Congress of the United States.
      Q: But isn't it absurd?
      A: It is a bill enacted by the Congress of the United States; of course it's absurd. That's a tautology.

    7. Re:Well understood by amliebsch · · Score: 1

      Just like how people are upset about the PATRIOT Act when it's just trying to stop terrorists?

      Great example, because just like SOX most people don't actually know what's IN the PATRIOT Act, and so it makes a convenient whipping boy for any grievance, even though it doesn't actually do 1% of what people seem to think it does.

      --
      If you don't know where you are going, you will wind up somewhere else.
    8. Re:Well understood by gnasher719 · · Score: 1

      '' Forget whether $4.99 is a fair price. The important issue is whether Apple's explanation is really true, i.e. that they have to charge for it. ''

      On the other hand, if Apple said "we charge you $4.99 just because we are greedy", there would be nothing you could do about it. If you wanted the upgrade, you would have to cough up the money. With the situation as it is, I believe that it is illegal, but not unethical, to give away a copy of the upgrade to your friends, because Apple doesn't really want to charge for it.

  10. the obvious fix by fishdan · · Score: 2, Insightful
    Is for Apple to leak to a blogger a way to unlock the "feature"...

    Oh, wait....

    --
    Nothing great was ever achieved without enthusiasm
  11. And who's going to believe that? by OpenSourced · · Score: 2, Insightful

    That's about the most lame excuse I've ever heard. What's with Microsoft updates? They also "complete" the product. What about free updates of all kind?

    And even if they believe their own propaganda, why don't charge one dollar, or even one cent? The accounting principle wouldn't be broken.

    --
    Rome taught me patience and assiduous application to detail. Virtues which temper the boldness of great, general views.
    1. Re:And who's going to believe that? by feepness · · Score: 1, Troll

      And even if they believe their own propaganda, why don't charge one dollar, or even one cent? The accounting principle wouldn't be broken.

      Right, so a company trying to cheat the law couldn't do the same thing? Accounting, in our Byzantine code, is as much about appearances as it is about figures.

      I don't have a big opinion on this matter, but games like that get you in trouble.

    2. Re:And who's going to believe that? by feepness · · Score: 1

      Troll? WTH? Wow.

    3. Re:And who's going to believe that? by OpenSourced · · Score: 1

      Yes, you are right, once you accept that the accounting principle applies, then the value charged has to be something not symbolical, or fraud could be argued. That part of my argument is invalid. But I still think that it's just excuses, they like the opportunity to charge for something that people was used to get free, and use the accounting practices to explain it.

      The troll mod ??? must be some kind of error, either click error or comprehension error :o)

      --
      Rome taught me patience and assiduous application to detail. Virtues which temper the boldness of great, general views.
    4. Re:And who's going to believe that? by Pink+Tinkletini · · Score: 1

      Actually, I was a thoughtful and productive contributor to Slashdot for several years. But it's only in the past couple weeks, since I've started speaking bluntly, that I've started getting mod points to spend.

      Lesson: You don't get mod points unless you troll. This, of course, is as it should be.

  12. So does the law require them to charge $4.99? by Anonymous Coward · · Score: 0

    If it's only the law they're trying to circumvent, why not charge $0.01?

    Oh... Because it's not. Nevermind.

    1. Re:So does the law require them to charge $4.99? by Ungrounded+Lightning · · Score: 4, Insightful

      Has to be at least $1.00. Probably costs 'em several dollars to handle the dollar...

      --
      Bantam Dominique roosters crow a four-note song. Once you've heard it as "Happy BIRTHday" you can't NOT hear it that way
    2. Re:So does the law require them to charge $4.99? by LunaticTippy · · Score: 2, Funny

      Wow, they're taking a huge loss on this whole iTMS thing aren't they?

      --
      Man, you really need that seminar!
    3. Re:So does the law require them to charge $4.99? by Lars+T. · · Score: 1

      Wow, they're taking a huge loss on this whole iTMS thing aren't they? They would if they charged every single item on its own.
      --

      Lars T.

      To the guy who modded me down from perfect to terrible Karma - Apple haters still suck

    4. Re:So does the law require them to charge $4.99? by bill_mcgonigle · · Score: 1

      They would if they charged every single item on its own.

      Somebody once told me that Apple sends 65 cents to the publisher, the credit card charge costs them 25 cents and nine cents just about covers the transfer and amortized hardware and staff costs.

      The theory was iTMS is just barely self-supporting if everybody buys singles. But they don't care, they're in the iPod business.

      --
      My God, it's Full of Source!
      OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
    5. Re:So does the law require them to charge $4.99? by Lars+T. · · Score: 1

      Hey, when you sell more music than Amazon (in the US that is), and about 1 billion titles in the last year, I guess you get by with a few cents a song ;-)

      --

      Lars T.

      To the guy who modded me down from perfect to terrible Karma - Apple haters still suck

    6. Re:So does the law require them to charge $4.99? by stackdump · · Score: 1

      Has to be at least $1.00. Probably costs 'em several dollars to handle the dollar
      Don't forget about credit card transaction fees,
      and what about an increase in tech support calls about why their 'new' wireless card isn't working properly.
      Users that choose not to upgrade, or are capable of doing it without assistance wouldn't cost them anything hence no charge.
    7. Re:So does the law require them to charge $4.99? by Anonymous Coward · · Score: 0

      Yep. $2 for Apple, $3 for the lawyers.

  13. Something is horribly wrong by Bryansix · · Score: 1, Troll

    Talk about turning Sarbanes-Oxley on it's ear and using it as a scape goat for profit. What is Apple thinking? People are buying the product the way it ships. However they expect (and with good cause) that if a feature is in the product but not turned on that Apple should supply the update to allow that feature to be used. This has nothing to do with accounting and everything to do with politics and greed. Once again, short on Apple stock!

    1. Re:Something is horribly wrong by Goaway · · Score: 1

      However they expect (and with good cause) that if a feature is in the product but not turned on that Apple should supply the update to allow that feature to be used.

      Said feature was never announced or advertised, so nobody would expect anything of the kind.

  14. Service Packs? by FormulaTroll · · Score: 1

    So will Apple start charging for service packs and security fixes as well? I read the article, and they try to differentiate between features and fixes, but when you're resorting to blaming SOX for this, and saying it's because you want to avoif the appearance of not having finished delivering the product, what's the difference between a security fix and a new feature?

    1. Re:Service Packs? by soft_guy · · Score: 1

      Apple has never shipped a Service Pack - that's a Microsoft term (and a awkward one, in my opinion).

      --
      Avoid Missing Ball for High Score
  15. Sorry I torrented it, Blame copyright law! by Lumpy · · Score: 1

    I was forced by copyright law cop out to post it on pirate bay. I had to the copyright laws made me do it!

    --
    Do not look at laser with remaining good eye.
  16. What did you expect from Apple? by Rupan · · Score: 0, Troll

    Apple stole the BSD Mach kernel to build OS X. They regularly fuck their own developers (anyone remember how Apple took possession of that freeware utility that one of their developers wrote IN HIS OWN TIME?) and customers. I know this opinion isn't popular and that there are hundreds of Mac fanboys who read slashdot. But what did you really expect?

    Does anyone remember how Steve renigged on his promise that iTunes content is the property of the purchaser, and that songs purchased from iTunes belonged to the person doing the purchasing? How about when the closed the kernel source code?

    Apple is in the same league as Microsoft. Is it really news that they are fucking over their own customers... again?

    --
    Ads? What ads?
  17. Why does it matter? by Prysorra · · Score: 1

    The company has every right to decide to charge money for a service. Even if it "should" be free. It seems like they want to paint themselves victims of Sarbanes-Oxley. Perhaps they want to win some sympathy points from the customers?

    1. Re:Why does it matter? by pla · · Score: 1

      The company has every right to decide to charge money for a service.

      100% true - But they should have the balls to come out and say so, not hide behind a totally unrelated law that even the experts disagree on its exactly implications.



      Perhaps they want to win some sympathy points from the customers?

      <cough>Market share<cough>

    2. Re:Why does it matter? by DragonWriter · · Score: 1
      100% true - But they should have the balls to come out and say so, not hide behind a totally unrelated law that even the experts disagree on its exactly implications.


      The fact that experts disagree on its exact implications means that there is a huge nebulous grey area where it is quite conceivable that their counsel advised them to avoid stepping in because, whether it was clearly required or not, it created substantial risk of liability which could be avoided. Particularly when regulators are presently taking a microscope to Apple over compliance with accounting rules, an excess of caution isn't really surprising at all.

      The way to avoid things like this is to write laws that are clear enough that there are not large areas where experts disagree on what the law means.
    3. Re:Why does it matter? by humuhumunukunukuapu' · · Score: 1

      "law that even the experts disagree on its exactly [sic] implications." that right there is half of the problem with SarbOx

      --
      i saw the baby, and the baby looked at me
    4. Re:Why does it matter? by DavidTC · · Score: 1

      The fact that experts disagree on its exact implications means that there is a huge nebulous grey area where it is quite conceivable that their counsel advised them to avoid stepping in because, whether it was clearly required or not, it created substantial risk of liability which could be avoided. Particularly when regulators are presently taking a microscope to Apple over compliance with accounting rules, an excess of caution isn't really surprising at all.

      The law is only 'unclear' because of loopholes that may or may not exist, and haven't been tried in court.

      But I have to point out this is accounting. It's not taxes, it's intended to inform people of the state of publically-traded companies. Any company attempting to find damn loopholes in that needs to stop. Just tell people the actual truth about the state of assets and liabilities and quit trying to fuck with the numbers all the time.

      --
      If corporations are people, aren't stockholders guilty of slavery?
    5. Re:Why does it matter? by MoneyT · · Score: 1

      But that's the point people are trying to make here. What is the "truth(TM)"?

      Did Apple sell 802.11n hardware? If so, they're in trouble for selling an unfinished product.

      Did they sell 802.11g hardware? If so, then even though this is a mere software patch, they're adding new hardware as far as the law is concerned and need to account for that.

      or

      Did Apple sell 802.11g hardware with the promise or implication of a future upgrade to 802.11n? If so, then they could be in trouble for accounting for all the revenue from the computer sale last quarter as opposed to holding some of that until the 11n update was pushed out.

      So what is the truth?

      I'm not a lawyer, and I'm no accounting expert, but from what I understand from what I've read on this, it's a real dillema and if I had federal invesigators up my ass over accounting issues already, I wouldn't be playing fast and loose with accounting laws.

      --
      T Money
      World Domination with a plastic spoon since 1984
  18. It's not an incomplete product by reldruH · · Score: 1

    I don't know whether regulation is good or bad but this seems a bit excessive. An unfinished product isn't being delivered. What if I wrote and started selling a program that had a feature commented out, then later decided to uncomment it? Would I not be able to claim that I'd made money for the program? It's a bad example, but you get the idea. There's something very nonsensical going on with this.

    --
    I've always pictured the color of OS zealotry as a sort of bright flamingo pinkish hue
    1. Re:It's not an incomplete product by AusIV · · Score: 1

      Or for example, say you wrote a game about stealing cars, and had a section in which players could have detailed sex with prostitutes, but removed all ways to access that part of the game. Then someone comes along with a hack, we'll call it, say, the Hot Cofee mod...

  19. They should have simply shipped a broken driver by Anonymous Coward · · Score: 0

    Then they could have fixed it in an update and followed the letter of the law.

    They probably could have even stated in the product documentation that that feature was still in beta and "might" not work properly.

    1. Re:They should have simply shipped a broken driver by nonsequitor · · Score: 0, Troll

      Yeah, because shipping broken drivers gets much better press than charging for features not originally advertised.

  20. Paper thin... by Anonymous Coward · · Score: 1, Insightful

    This explanation only makes sense if you consider the product "not delivered" until the last features are added. This makes no sense whatsoever, because it's not like people are saying, okay, I'm buying this Apple product, but my contract with them says that I get my money back if they don't add features x, y, and z. That would be what should cause an accounting department worry. Looks here like Apple just found a flimsy accounting excuse for trying to collect more money, and ran with it. Given all the negative media attention they are gathering recently, you have to wonder about this sort of thing.

    1. Re:Paper thin... by gnasher719 · · Score: 1

      '' This explanation only makes sense if you consider the product "not delivered" until the last features are added. This makes no sense whatsoever, because it's not like people are saying, okay, I'm buying this Apple product, but my contract with them says that I get my money back if they don't add features x, y, and z. That would be what should cause an accounting department worry. Looks here like Apple just found a flimsy accounting excuse for trying to collect more money, and ran with it. Given all the negative media attention they are gathering recently, you have to wonder about this sort of thing. ''

      You can't fully recognize revenue when you still have work to do. Say Apple sells 1 million iMacs for $1000 each. Then they put into their box: 750mil for iMacs, 150mil for warranty, 100mil for software updates. The numbers must be realistic. The 750 mil are recognised immediately. The 150mil are recognized as warranties expire. The 100mil are recognized over several years, until a point is reached where Apple can say "if anything is wrong with the software, we won't fix it". Probably over ten years.

  21. Why 5 clams? by Anonymous Coward · · Score: 0

    I admit knowing next to nothing about SOX - or accounting. Is there a reason they chose $5? Why not charge a few cents (via iTunes or something) just to cover the credit card processing fees and post a cent profit per transaction?

  22. What I don't understand is ... by rahuja · · Score: 1

    ... why this feature was not provided in the first place, and what really stops them from providing a "feature" for a lower price. I mean, if they now unlock it, providing 802.11n (draft) for the price of 802.11g, where does the unaccounted-for "revenue" come into picture? I'm by no means an expert on SOX or accounting, but I somehow feel this is not the real reason.

    1. Re:What I don't understand is ... by UnknowingFool · · Score: 1
      why this feature was not provided in the first place

      802.11n was still in draft. The standard still has not been fully approved although a number of companies have created products based on it. From what I understand the version in the Macs were draft2. So if you're Apple do you advertise that your hardware uses it and take a gamble that it won't be revised later creating incompatibility? Or do you go with the safe route by implementing but only releasing it to be used for 802.11g?

      Why is it being updated now? I think the standard is being approved this month so Apple's product will be compatible.

      providing 802.11n (draft) for the price of 802.11g, where does the unaccounted-for "revenue" come into picture?

      I'm guessing some accountant took into account hardware cost and support cost differentials and computed the $5 difference.

      --
      Well, there's spam egg sausage and spam, that's not got much spam in it.
  23. How long before this *update* gets torrented? by LuxMaker · · Score: 1

    n/t

    --
    I regret that I only have one mod point to give per post.
  24. NVIDIA has done this by Anonymous Coward · · Score: 4, Informative

    If you have a GeForce/Quadro, it is called 'NVIDIA PureVideo Decoder'.

    1. Re:NVIDIA has done this by gotamd · · Score: 1

      That's not a good analogy since the Purevideo decoder is a DVD decoder. It's an extra piece of software that takes advantage of the card's features, but it's not an added feature of nVidia graphics cards. Their graphics cards still have complete functionality without it. It's similar to software in general and an OS. Why should I pay extra for Photoshop or Autodesk when I've already bought the OS!?

  25. Hardware vs. software? by plopez · · Score: 1

    Another poster made the point about SW being exempt. But is this a hardware fix, e.g. flashing the firmware? Does this cause it to fall in a different category? Or is it in a grey area which could cause ppl. to CYA? Why can't it be shipped fully functional?

    --
    putting the 'B' in LGBTQ+
    1. Re:Hardware vs. software? by Anonymous Coward · · Score: 1, Interesting
      Another poster made the point about SW being exempt. But is this a hardware fix, e.g. flashing the firmware?

      IIRC, the cards were showing up under Windows (under Boot Camp & Parallels) as 802.11n. I'm not sure what mechanism is used to demonstrate that, or if anyone actually tested it with an 802.11n router, but that suggests to me that it's not a firmware issue. Maybe someone with more insight into how Windows recognizes network cards could clarify.
  26. Simple. That's not a feature... by Anonymous Coward · · Score: 0

    It's a bug!

  27. I have doubts... by prichardson · · Score: 1

    If that were the case, wouldn't Apple just charge some symbolic amount? Perhaps $1? On the other hand, Apple can't possibly be making very much money off of this, and it's not like they're hurting for cash.

    Further, I would think that Sarbanes-Oxley would include a provision for things like hardware that could be updated through software. Other people have pointed out that software is updated all the time with added features for free. This does seem different to me though; Apple is adding a hardware feature, even though they're doing it without any physical modification to the device. What about when some iPods were suddenly able to do voice recording through a firmware update? I think that would fall into the same situation.

    Regardless, I expect this patch to show up on the torrent networks within hours of its release. I also expect a lot of people to try installing it on older hardware, just to see if it works.

    --
    Help I'm a rock.
    1. Re:I have doubts... by Paradise+Pete · · Score: 1
      If that were the case, wouldn't Apple just charge some symbolic amount? Perhaps $1?

      I'd guess that they have to be careful to not appear to be trying to circumvent the law. The amount of money this will bring in wouldn't even cover the rental on the hall for the keynote, so it's not a profit motive, at least not directly.

    2. Re:I have doubts... by ubernostrum · · Score: 1

      If that were the case, wouldn't Apple just charge some symbolic amount? Perhaps $1?

      Others have pointed in in threads above that (in the US at least) any credit-card transaction less than about $5 can be a net loss of money for the seller, because of the processing fees charged by the credit-card companies. The $4.99 price may actually mean that they're just breaking even on this, while still being able to say that they charged money for the "new product".

    3. Re:I have doubts... by bnenning · · Score: 1

      Further, I would think that Sarbanes-Oxley would include a provision for things like hardware that could be updated through software.

      Your estimate of Congress's technical aptitude seems a tad optimistic...

      --
      How to solve most of our problems: 1.Lots of nuclear plants. 2.Cure aging.
  28. Hiding behind legislation by Alioth · · Score: 1

    It sounds like Apple are hiding behind this legislation, in much the way government departments in the UK when criticised hide behind the Data Protection Act, giving the DPA ungodly powers it doesn't actually have - but no one knows better. This smells awfully similar.

    1. Re:Hiding behind legislation by ubernostrum · · Score: 1

      I'm not entirely certain. Sarbanes-Oxley, according to people I've talked to who've had to deal with it, is a horrifically bad piece of legislation which was hastily written in the wake of major accounting scandals; even now, over four years after its passage, no-one is still quite certain what it requires, and lots of companies are erring on the side of extreme caution so as not to be made examples of by government regulators (probably especially Apple, which is already under investigation for irregularities in its stock options).

  29. Sounds like a good deal... by oskay · · Score: 1, Insightful

    I have a first-rev MacBook Pro with the Core (1) Duo. I *wish* I could upgrade from g to n for only $5!

    1. Re:Sounds like a good deal... by soft_guy · · Score: 1

      I have a first-rev MacBook Pro with the Core (1) Duo. I *wish* I could upgrade from g to n for only $5! I had just received my Core 2 Duo MacBook Pro when this news broke a few days ago. Woo hoo!
      --
      Avoid Missing Ball for High Score
  30. Re:So are they not going to patch software anymore by __aaclcg7560 · · Score: 1

    Some patches are worth more than other patches, as George Orwell might say if he owned a computer. ;)

  31. Not quite... by gsn · · Score: 1

    Apple *could* charge you nothing and give you new functionality - they just have to go through a mountain of paper work to do it. By charging you they are saving money by not doing said mountain and making money of you. They could have charged you a cent or something I guess they want some beer money. Rotten Apple.

    --
    Reality must take precedence over public relations, for nature cannot be fooled.
  32. Upselling features (scum marketing) by gd23ka · · Score: 2, Interesting

    Microsoft started it with their "Vista" XP-successor where you can
    "upgrade" to "Premium" or "Ultimate" versions with your credit card,
    how long before Apple turns around and says

    "I see you are trying to use your bluetooth adapter. For a one-time use
    feature please authorize a $2.99 charge to your credit card. If you want to
    use this feature for longer periods of time the following plans are
    available: 2 weeks of operation $8.99, 4 weeks of operation $14.99.
    Time limited options extend automatically with recurring charges to your
    credit card. Unlimited feature activation $49.99 one time charge."

  33. In related news, Linux is still free by ewg · · Score: 0, Troll

    In related news, Linux and BSD are still free.

    --
    org.slashdot.post.SignatureNotFoundException: ewg
    1. Re:In related news, Linux is still free by Anonymous Coward · · Score: 0

      and the Linux drivers for 802.11n devices are still a p.i.t.a. to use, if you can even get them to work.

  34. No big deal by Drakin020 · · Score: 0

    People who are gungho about moving to 802.11n are not your run of the mill typical home PC user. There going to be people who know how to pirate. No problem here.

    --
    The greatest revenge in life is massive success.
  35. It's a software update, pay if you want by steve_bryan · · Score: 1

    If the $5 charge is too aggravating don't you suppose it might be possible to get a free copy without too much effort? Just think of it as conscientious objection to Sarbanes-Oxley regulation. Apple seems to be saying they would rather not charge you so do them a favor and comply with their wishes.

    The place where this might get more aggravating is when it is applied to the minor system software updates, e.g. 10.4.7 -> 10.4.8. In the past such updates could include changes that go beyond just bug fixes.

  36. Link Please... by nonsequitor · · Score: 5, Insightful

    Can someone please post the link to where I buy the unlocking software? After spending $3K on my C2D MacBook Pro, you really think I care about paying another $5?

    Sure it could have been a penny, but that may have been construed as trying to sell the feature for less than market value. I'm not an accountant, but I know that you can get in trouble for stock options granted at less than estimated market value for a private (unlisted) company, therefore you have the pick the lowest number that can be seen as a reasonable value. I was lucky to get my shares at $0.02 a piece since when I was granted the options the startup company I started working at had yet to make their first sale. A year later they had to grant options at $0.50 and up.

    In all honesty $5 is cheap for a draft-N card. Consider the alternative of buying a PCMCIA Wireless N card and tell me its not a deal?

    1. Re:Link Please... by soft_guy · · Score: 4, Insightful

      Right - there isn't a link because this isn't an official announcement from Apple. This is a rumor on some guy's blog that he heard from someone walking around on the floor at MacWorld.

      Also, even if you believe the "article", you could get the software patch for free by buying the new 802.11n Airport Extreme base station from Apple which in theory you would need anyway in order to use this.

      If you think about it for a second, this idea doesn't even make sense. How is it not just free software that they give in order for the router to work? Apple gives out lots of free software.

      This thing sounds like someone talking out of their ass. Possibly it is a fake rumor that someone at Apple planted to track down a leaker.

      Do you detect a note of skepticism in my post? It is because I don't believe a word of this.

      --
      Avoid Missing Ball for High Score
  37. Web services by pmontra · · Score: 1

    So, if a web service (let's say Flickr) adds a new feature to its paying customers (let's say convert pics to grayscale), they have to charge extra money for it? I'm not saying that this is the end of the Web as we know it, but it would be quite a revolution and quite an advantage for non-US services.

    1. Re:Web services by Anonymous Coward · · Score: 0

      not really, since SOX is having an impact worldwide - the US still leads the way, and it's almost inevitable that other countries will follow suit, if they haven't already. The price of doing business with the US.

    2. Re:Web services by Baricom · · Score: 1

      I have an even simpler analogy. Why is it that Apple has to charge money for a capability update to an Airport card but can add game support to the fifth-generation iPod for free?

    3. Re:Web services by Anonymous Coward · · Score: 0

      If Flickr is a publicly traded corporation, then they can add new features IF they realize incremental revenue for the feature at the time the feature is deployed. That is, if you pay for the service yearly, Flickr would have to delay a portion of the revenue equal to the incremental value of the new feature until the time the new feature was deployed. If you pay quarterly or monthly, then they wouldn't have to go through that kind of paperwork- they could declare the full value of the revenue in each quarter without worrying about deferred revenue declaration.

      Does it make sense? No. But that's the law for you.

    4. Re:Web services by voidptr · · Score: 1

      Because the game support enabled a new revenue stream selling games through iTunes. They could write the development cost against that future revenue, not the purchase price of the iPod they already booked.

      Notice they didn't give 5G ipods the search function in the 5.5Gs in the same firmware update.

      --
      This .sig for unofficial government use only. Official use subject to $500 fine.
  38. Origin of this whole problem by LunaticTippy · · Score: 2, Insightful

    I worked at a place that abused accounting principles. They'd book revenue on hardware that hadn't shipped or even been made, software that wasn't installed or even sold yet, and move all kinds of valid and imaginary revenue from the vague future to the current quarter like crazy.

    I understand why we need laws about when you are supposed to book revenue because I've seen it abused. The whole house of cards collapses hard when growth slows. My job was lost when the dotcom bubble burst and they couldn't hide their baloney in triple digit growth any more. Same thing happened at many other companies.

    This seems like an innocent case, but I thought I'd point out there are other possibilities.

    --
    Man, you really need that seminar!
    1. Re:Origin of this whole problem by Brickwall · · Score: 2, Interesting
      I worked at a place that abused accounting principles. They'd book revenue on hardware that hadn't shipped or even been made, software that wasn't installed or even sold yet, and move all kinds of valid and imaginary revenue from the vague future to the current quarter like crazy.

      Oh yeah baby! In the wild days of telecom in the late 80's, a company called Datapoint had a bonus structure based on revenue billed in the quarter. One group of sales managers booked millions of dollars of orders to "Joe Customer", "A. Warehouse", etc., in order to meet or beat their numbers. They collected hundreds of thousands in bonuses, and then quietly shipped the machines to real customers over the next quarter, at which point, they would start the whole game again.

      I'm not a Sarb-Ox expert, but the fines and possible jail sentences are bad enough that a company already under scrutiny over options pricing would be pretty careful to err on the side of caution.

      --
      What was once true, is no longer so
  39. Option (c) by EmbeddedJanitor · · Score: 5, Insightful
    They might want to just take a poke at the act because it makes it hard to conduct business.

    This is actually a real problem. If you sell a product that has upgradable firmware then you need to only recognise revenue as you provide the service. For example let's say you sell a device for $1000 and provide free firmware upgrades for 1 year. You might structure this that the base product is worth $900 and the 12 months tech support is worth $100. You then recognise the revenue as $900 at time of sale and $100/12 per month.

    For a product that has free firmware upgrades "forever", you might introduce some reasonable lifetime (like 3 years), perhaps the typical depreciation period for the product.

    Now Apple beancounters fucked up. They recognised all revenue immediately. They should have really defered some of the revenue recognition but they wanted to look all shiny for Wall Street (Enron, on a smaller scale). By chraging for this upgrade they're probably hoping to create a loop hole.

    Needless to say, MS most likely just moons the act and does not care any more than they care about the DOJ nailing them with anti-trust.

    --
    Engineering is the art of compromise.
    1. Re:Option (c) by bluephone · · Score: 3, Interesting

      But would this still apply if you never promise to upgrade it? TFA says that the clarification from Apple is that they may be accused of selling unfinished products, and recognizing revenue from those unfinished products too early (which is retarded IMO, but then I'm not an accountant). If they never come out and state they WILL offer new features, but DO later with these firmware updates, could they not then claim the product was finished, but these were free bonus features? They can justly state that consumers bought the product as sold with no promises of future expansions, thus the customer wasn't buying some potentially unfulfilled future promise (which, IIRC was the point of anti-Enron laws, to keep companies from spending now money that had to be used to fulfill their obligations).

      Similarly, what if: with the products there's a disclaimer that Apple makes no guarantees that there will be future product enhancements, only bug fixes for the declared product lifespan (like MS does with Windows support lifetime declarations), and that any future product enhancement that MAY exist MAY OR MAY NOT be offered for free to existing users of this product.

      This is where we get asinine workarounds just to comply with poorly drafted and overly expansive laws that are crafted too quickly and reach too far. This is why accounting, and law in general, is so byzantine needed the existence of entire cadres of lawyerbots just to navigate the waters...

      --
      jX [ Make everything as simple as possible, but no simpler. - Einstein ]
    2. Re:Option (c) by EmbeddedJanitor · · Score: 1
      If they promised a future feature then it depends on the wording. ie was it promised as a defered feature or as an optional future upgrade. If you never promise an upgrade, and the product - as sold - was "feature complete" with no promises of future support etc, then the act probably does not come into play.

      The law is pretty dumb, wrt firmware, but the law is still the law.

      It really looks like Apple stuffed up by recognising the revenue too early and are now trying to make wiggle room or alternatively they're trying to poke sticks at the act. They should have held back a token amount ($5, $10 or whatever).

      Remeber that such laws are often crafted for lawyers (and accountants) for their own benefit. Keep it confusing and you can keep the hourly rates up.

      --
      Engineering is the art of compromise.
    3. Re:Option (c) by BandwidthHog · · Score: 1

      I wonder how much this has to do with the pre part of 802.11 pre-N and whether any other companies are trying to figure out how to deal with the same issue. (Ya know, the kind of companies that don’t currently have auditors checking His Steveness for polyps.)

      --

      Quantum materiae materietur marmota monax si marmota monax materiam possit materiari?
    4. Re:Option (c) by fwr · · Score: 1

      If they don't charge any extra for the product with the new feature than they did for the product without the feature before it was available, then the value of the feature (in accounting terms, not necessarily the value you would place on it) is 0. So there would be no reason to charge existing customers for the new software. If, however, they are charging an extra $5 for the new product with the new feature than they did for the old product without the feature, then there's the rub.

    5. Re:Option (c) by Anonymous Coward · · Score: 0

      It sounds like this is just a 'software' upgrade on a piece of hardware. You can recognize unearned revenue on 'software' as long as it is technologically feasible. Which means if you are at a point where you can create said software, you can capitalize it. This has nothing to do with SOX, but Apple is complaining about Sarbanes-Oxley because its a time consuming, expensive hassle imposed on corporations. So either (1) Apple over-estimated the revenue and has to charge for the upgrade to make up for it, or (2) Apple knew it was going to charge for this update. Sarbanes-Oxley is just an excuse for consumers to charge more for a product. Something like gas prices are why the price of milk is increasing. Or raising the minimum wage is going to make a soda cost $1.25 and not $1. Theoretically SOX 404 can be used to justify any increase in cost.

    6. Re:Option (c) by Anonymous Coward · · Score: 1, Interesting

      Hate to say it... no I don't.

      You're just wrong. Apple appears to be the only company that has explained in public, but major auditors have made this a requirement.

      Source: KPMG

      -signed anonymous employee at large public software company

    7. Re:Option (c) by DavidTC · · Score: 1

      If they promised a future feature then it depends on the wording. ie was it promised as a defered feature or as an optional future upgrade. If you never promise an upgrade, and the product - as sold - was "feature complete" with no promises of future support etc, then the act probably does not come into play.

      They didn't promise it at all. No one knew it could do this, or, even if they had figured it out, it was an undocumented feature that would require hacked firmware.

      Apple is fucking with people. The law doesn't make them charge anything for things they do for free. It makes them account for things they promise to do when they actually do them, not before.

      As Apple didn't even vaguely promise to do this, they don't have to account for anything. Even if they had promised it, charging now isn't going to fix anything, because they screwed up when they promised it and counted it as real in the previous quarters, so they're already in the wrong. In fact, if they had promised to do it, charging for the upgrade would, quite obviously, be fraud.

      This claim of theirs doesn't even make any logical sense.

      --
      If corporations are people, aren't stockholders guilty of slavery?
    8. Re:Option (c) by nosferatu1001 · · Score: 1

      However by introducing a material change to the hardware (turning on a new feature that was not active prior) they can set themselves up for liabilities - e.g. if the difference between the price of "old" and "new" hardware is $5, the nthey will be taxed accordingly - whether or not they ask for the money from the customers!

      This is about correcting an accounting issue; they said it was hardware X, they are now making it X+increment and will have to file accordingly.

      They won't be making money out of this, thats for sure!

      btw, IANAL and IANAA, but I am an an auditor....

  40. How Very Cellphone of Them by ewhac · · Score: 0
    I thought Apple had partnered with Cingular, not Verizon.

    Nickel and diming for stuff that should already be there. It seems that dancing with a US cell network provider did more damage to Apple's worldview than initially suspected :-).

    Schwab

  41. In further related news... by Anonymous Coward · · Score: 0

    ...for the common sense impaired, the hardware needed to run Linux/BSD still isn't free.

  42. That's the SEC by toonerh · · Score: 4, Informative

    Even before Sarbanes-Oxley (e.g. in the mid-1990's) ethical, conservative CFO's [admitted a rare breed] were very careful about "recognizing revenue" for a product when a newer or better version was in the works. Our "head up the ass" Congress passed Sarbanes-Oxley and now companies have hire many more lawyers to cover their asses. Lots of companies in Apple's situation would simply do NOTHING - no charge, no upgrade: WYSIWYG hardware. Is that in the consumer's best interest? I think not!

  43. now that the peanut gallery has commented... by vykor · · Score: 1

    Can we get an actual expert or SOX consultant to comment on this interpretation of accounting law (and not random geeks talking out their asses)? From what I've seen second-hand regarding SOX-compliance work, especialy where IT intersected with finance and accounting, I get the impression that there can be apparently unrelated consequences and complications arising from SOX. Rules for apparently simple things like revenue recognition are probably less cut-and-dry than you'd expect. All the enterprise budgets allocated to paying SOX consultants must be for something...

    1. Re:now that the peanut gallery has commented... by Anonymous Coward · · Score: 1, Funny
      Can we get an actual expert or SOX consultant to comment on this interpretation of accounting law (and not random geeks talking out their asses)?
      Yes.

      But not on Slashdot.
  44. This is not correct by NovaSupreme · · Score: 0

    IANAL but this doesnt seem correct.

    What they are saying can only be true if its proved that they used 802.11n as a product, something that caused people to buy more Mac than they would have otherwise bought. If they didnt advertise for .11n, didnt list it as top feature, or if people expected it anyway, what they are saying is BS.

  45. Oh, poo on that... by fudgefactor7 · · Score: 3, Interesting

    Here's how Apple can get around SOX: Put the update on their site, list it as BETA, let anyone register to be a "Beta Tester" for the application, they have to agree that this is a Beta, and you have to uninstall the product when the final implimentation comes out...kind of like what MS does...then let people have the file. Or they can charge you $4.99 for it, but give you a special once-only keycode that's worth $4.99 off any purchase. Result: a wash, accounting-wise. No odd accounting practices, no shuffling of cards, just people getting the app.
     
    It's funny how BIOS updates and other drivers aren't seemingly worried about SOX...or how Microsoft Update isn't either...

    1. Re:Oh, poo on that... by Anonymous Coward · · Score: 0
      Put the update on their site, list it as BETA, let anyone register to be a "Beta Tester" for the application, they have to agree that this is a Beta, and you have to uninstall the product when the final implimentation comes out...kind of like what MS does...then let people have the file. Or they can charge you $4.99 for it, but give you a special once-only keycode that's worth $4.99 off any purchase. Result: a wash, accounting-wise. No odd accounting practices, no shuffling of cards, just people getting the app.

      It's an amusing and sad commentary on the US and its legal system when you can honestly say that scheme like that doesn't involve either odd accounting practices or shuffling of cards.

    2. Re:Oh, poo on that... by gnasher719 · · Score: 4, Insightful

      '' Here's how Apple can get around SOX: Put the update on their site, list it as BETA, let anyone register to be a "Beta Tester" for the application, ... ''

      I could imagine that Sarbanes-Oxley is very sensitive about any attempts to get around it.

    3. Re:Oh, poo on that... by Pink+Tinkletini · · Score: 0, Troll

      Needlessly complicated. You yourself even point out that your suggestion is a practice favored by Microsoft and other purveyors of beige. You PC-using fucktards will never understand the meaning of good taste.

  46. Has Apple already claimed the revenue? by fluffy99 · · Score: 1

    I'm wondering if Apple didn't get dinged for claiming revenue from the upgrade and now they are being backed into a corner and forced to charge for the upgrade?

  47. To be fair... by SnowDog74 · · Score: 4, Insightful

    802.11n was never advertised openly and originally as part of the capabilities of the products in question. For that matter, Quicktime Pro's feature sets are not advertised as part of standard Quicktime... but you don't see anyone complaining that users have to pay a license fee to unlock the Quicktime Pro bundle of features that already exist on your Mac in a disabled state.

    For that matter, the same can be said of many different types of software. If you get a digital converter box from your cable company, by virtue of having the box you aren't granted access to every channel the box can theoretically decode.

    1. Re:To be fair... by SnowDog74 · · Score: 1

      "the same can be said of many different types of software" ... and hardware, I meant to say.

    2. Re:To be fair... by SeaFox · · Score: 1
      but you don't see anyone complaining that users have to pay a license fee to unlock the Quicktime Pro bundle of features that already exist on your Mac in a disabled state.

      Sure you do. Any time there's a major upgrade to QuickTime (like new version number, I also think the 6.0.X to 6.5 upgrade did this) the Pro keys get reset. So if you pay for QuickTime Pro's abilities, then later download and install a free QuickTime upgrade (even as part of a new version of iTunes), you have to buy a new Pro key. And whenever this happens there's a bunch of people on the Mac forums who complain about it. Many ask as soon as the upgrade is announced before they install anything.
    3. Re:To be fair... by bill_mcgonigle · · Score: 1

      802.11n was never advertised openly and originally as part of the capabilities of the products in question.

      Depends who the audience is. If somebody had walked into an Apple Store to check one out, found them running 10.4.8 and typed 'man -k 80211', they would have realized that 'n' support was there.

      That's not dancing silhouette, but one might argue that machines on display are a form of advertising.

      --
      My God, it's Full of Source!
      OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
    4. Re:To be fair... by GauteL · · Score: 1

      "but you don't see anyone complaining that users have to pay a license fee to unlock the Quicktime Pro bundle of features that already exist on your Mac in a disabled state."

      You don't, then let me be the first. I love OS X, but it is the only major OS that ships without a video player that can do full screen playback. While some of the Quicktime features can be considered "professional", full screen playback certainly is not such a feature.

      Yes, you can get free players that are better than the Quicktime player, but this just makes the decision to count full screen playback as a professional feature that you have to pay for, more baffling.

      Just ship the standard Quicktime player with full screen capability already! It is long overdue.

    5. Re:To be fair... by Anonymous Coward · · Score: 0

      Don't you mean "man -K 80211"?

  48. Corporate Debian users by wiredlogic · · Score: 1

    So how much should a company report for performing 'apt-get update' on its servers?

    --
    I am becoming gerund, destroyer of verbs.
  49. Mod parent up. The accounting rules do harm users by Anonymous Coward · · Score: 0

    Indeed. In my last job at a software company we went through the same issue - we couldn't improve our product during patches; and had to hold them off for paid-for-releases even when we wanted to make our customers happy.

    Same stupid revenue recognision rules prevented customer support from having easy ways of troubleshooting ("If you're having trouble with version 2.0 on your old laptop, here's a key for 5.0. Sorry for the trouble we caused you.)

    Bottom line - if you want to make your customers happy, don't incorporate in the US - and certainly don't go public; where the laws pretty much make you screw your customers.

  50. maybe this "fee" will be included in 10.5 by Anonymous Coward · · Score: 0

    maybe this "fee" will be included in 10.5

  51. Back in the days by Nom+du+Keyboard · · Score: 1

    Back in the days when a KiloByte was considered a lot of memory, IBM, CDC, and other manufacturers used to ship mainframes with memory, virtual memory hardware, and sometimes higher speed clock options, installed, but disabled. Contract to the higher lease rates and the technician would appear with a wire-wrap gun and "move a wire" to "install" (nee enable) the additional capabilities. Those were days when the profit margins made it worthwhile to sell, but prevent use of, features until they were paid for. So how is Apple different than just doing business the usual way of the last .5 century?

    --
    "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
    1. Re:Back in the days by Greyfox · · Score: 1
      IBM still does that on their high end hardware. It seems most prevalent on their disk packs and their RS6K machines. One of the most common things retailers do is enable extra processors over holiday rush seasons and then turn them back off during the slower months. I used to maintain the software they used to track those features and still talk with members of that team regularly.

      I guess shipping the unit with extra hardware installed but disabled is cheaper than sending a guy out to install the kit later on.

      --

      I'm trying to teach myself to set people on fire with my mind... Is it hot in here?

    2. Re:Back in the days by jZnat · · Score: 1

      You rented a mainframe but buy a Mac. Big difference...

      --
      'Yes, firefox is indeed greater than women. Can women block pops up for you? No. Can Firefox show you naked women? Yes.'
    3. Re:Back in the days by voidptr · · Score: 1

      IBM sells their pSeries and iSeries hardware with capacity on demand. You do own the hardware, but the license agreement on the firmware prevents you from enabling features you didn't buy. They used to just rent, but the terms are different these days.

      --
      This .sig for unofficial government use only. Official use subject to $500 fine.
  52. Same where I work by Anonymous Coward · · Score: 0

    Where I work (one of the top 10 largest software companies) they take this *very* seriously, doing the same thing for upgrades, etc. (or more often avoiding upgrades because of the headaches this causes).

    This is nothing new. But I've wondered for a while why Apple never seemed to follow it - until now I guess. Which is nice - more of a level playing field.

    ---
    I type this every time.

  53. Re:Well understood-Give Me A Break by Nom+du+Keyboard · · Score: 2, Funny
    I thought this was common knowledge - I've been arguing that the effects of Sarbanes-Oxley are detrimental for some time now.

    Give me a break. Who among the Slashdot readers besides the .01% group you obviously belong to finds anything common knowledge about Sarbanes-Oxley?

    --
    "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
  54. HEY APPLE! IT WAS ALREADY DEFECTIVE!! by Nom+du+Keyboard · · Score: 1

    Hey, Apple! Your product was already defective. The 802.11n wasn't working correctly. So you supplied a bug fix to deal with the problem. What's so hard about that?

    --
    "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
  55. Sarbanes Oxley by goombah99 · · Score: 1

    Enron got in to trouble because they were booking sales on unshipped product. THe wayapple is looking at this put in enron accounting terms would look something like this. 1) holding company owned by enron agrees to buy 10 barrels of oil from enron. 2) enron books the sale even though they just paid themsleves 3) but they don't book the liability because they just deliver 9 barrels of oil and defer delivery of the tenth to a later date. Here apple is scared that they will get flagged for booking the sale of an incomplete product. I don't really see how this applies but I can see why they are paranoid.

    --
    Some drink at the fountain of knowledge. Others just gargle.
    1. Re:Sarbanes Oxley by aczisny · · Score: 2, Informative
      Enron got in to trouble because they were booking sales on unshipped product. THe wayapple is looking at this put in enron accounting terms would look something like this. 1) holding company owned by enron agrees to buy 10 barrels of oil from enron. 2) enron books the sale even though they just paid themsleves 3) but they don't book the liability because they just deliver 9 barrels of oil and defer delivery of the tenth to a later date. Here apple is scared that they will get flagged for booking the sale of an incomplete product. I don't really see how this applies but I can see why they are paranoid.

      That sounds exactly like what has happened to apple, except in reverse. Apple advertised a product with some set of features x. But now it turns out they really shipped x+1 and just turned it off in software. I'm not sure of any way to squint at Apple's promotional materials from when these products were sold and somehow think people got less than what they were promised, which is where you would have a problem with Sarbanes/Oxley. It's much closer to say, a baker being in violation of S/O because you ordered a dozen donuts and he gave you thirteen (the proverbial baker's dozen). And what about other hardware companies? If turning things on after selling a product is illegal, HP in the story above this (about having VT turned off and now they're releasing a new bios to enable it) would be violating S/O and I can't imagine their lawyers haven't given this just as much thought as Apple's. This charging five bucks so as not to be in violation of S/O seems to be pretty far fetched to me.

      --
      Now, landing thrusters.. landing thrusters, hmm. Now if I were a landing thruster, which one of these would I be?
  56. Apple Isn't Charging, Blaming Anything by eggboard · · Score: 4, Insightful

    Please note that while iLounge's article is interesting, it's based on two unnamed Apple representatives, quoted without their position at the company being mentioned. This is fine, but let's not take this as an official Apple position or statement. I'm a regular print and online journalist, so I asked Apple about the $5 charge. They said they don't comment on rumors and speculation, and repeated that the updater would be available on the CD with the new AirPort Extreme update that will ship in February. To me, that's like saying, "hint, hint." The CD will have an unlocked updater that can be used with any compatible Core 2 Duo or Xeon Macintosh. Thus, Apple may or may not have a Sarbanes-Oxley issue (stranger things have happened), and they may or may not charge $5 for the updater. Nonetheless, an unlocked "enabler" application will be in the hands of thousands of early purchasers (like myself). I've written more about this on my Wi-Fi blog in a post about why I think the $5 charge is unlikely, but unnecessary for anyone to pay even if it's attempted to be levied.

    --
    Freelance tech journalist for the Economist, MIT Technology Review, Macworld, and others
    1. Re:Apple Isn't Charging, Blaming Anything by Anonymous Coward · · Score: 0

      So Apple basically told you nothing, but you read into it what you wanted to read into it, and used that information to trash the reporting (flimsy though it may be) of someone else? Your headline "Apple isn't charging" is proven false just by reading to the end of your own post, where you admit "Apple may or may not charge $5 for the updater."

  57. I, for one by KitsuneSoftware · · Score: 2, Interesting

    I don't care in the slighest either way. On the one hand, $4.99 is literally and figuratively peanuts (about what I earn in 12 minutes, or a massive half hour if I were on national minimum wage); and on the other, even low-speed WiFi is still faster than my high-speed internet connection.

    I don't care about upgrading, but if I did, their price is lower than the cost of my time to find a trustworthy 3rd party.

  58. Simple Solution by tonywong · · Score: 1

    Apple should just beta the .n enabler for OS X 10.4 and never get around to finalizing it, kind of google extended beta. OS X 10.5 will have .n support in box and therefore everybody wins.

  59. IAACPA - I Am A CPA by Steve+Hamlin · · Score: 4, Informative

    It's amazing what gets 'blamed' on Sarbanes-Oxley. And most of the time, completely off base. While there is surely some money-grubbing from Apple, this is probably nothing more than Apple making a conservative decision to apply existing accounting policy more stringently. The previous poster here gets it right.

    I am a forensic accountant - I do large corporate financial investigations, which involve accounting analysis and numerous interviews of management.

    And I can't tell you how many times I've heard people in companies, when asked about $FOO, say "we had to do this because of SOX". Most of the time, they couldn't tell you what SOX is, or why that is the cause of $FOO.

    SOX has turned into the Boogeyman, the shadow lurking in the background of any financial discussion. Unknown reason? SOX made us!

    At its simplest, SOX requires that companies document what they do and how they do it. "404" is just a requirement that companies have a complete set of working documents describing accounting processes and the controls around those processes, and that they have actually tested to see that the processes and controls work properly.

    Along with 404, SOX also heightened the burden on the financial accounting groups. Now CEOs and CFOs sign statements in quaterly and annual SEC filings, under penalties of civil and criminal law, that certify that they are "responsible for establishing and maintaining internal controls", including upward reporting from subordinates and subsidiaries, and that the controls have been tested and reported on in the filing.

    As a result, corporate accounting departments have tightened up, More documentation of different types of accounting processes mean that existing, latent accounting issues are being surfaced and addressed. More conservative usually, in the sense that one does not 'push the envelope' of GAAP.

    This is not really 'SOX made us do it', but rather as result of the analysis that SOX calls for. Sematics, but an important difference, I think.

    Accounting Background - What is at work here?

    SOP 97-2 "Revenue Recognition for Software Products with Multiple Deliverables".

    SEC and AICPA: Revenue generally is realized or realizable and earned when all of the following criteria are met:
    - Persuasive evidence of an arrangement exists
    - Delivery has occured or services have been rendered
    - The seller's price to the buyer is fixed or determinable, and
    - Collectibility is reasonably assured

    So, Apple decided that at the time of the sale of the computer with 802.11n (but not yet functional), with no additional amounts due from the customer, that since Apple had not perfected delivery of the complete laptop with 802.11n, they had not finalized all terms of the delivery, and thus had not "earned" all of the revenue from that sale. This would cause them to 'defer' some portion of the revenue (a liability on the balance sheet) until the final piece of the sale (802.11n) was delivered to the customer.

    Under Apple's current policy, the computer is sold without 802.11n, delivery of this total package is complete when the customer receives the laptop, and Apple recognizes that entire sale as current revenue. Then a new $4.99 sales happens when the customer purchases the upgrade.

    See: NY Society of CPA's discussion of SOP 97-2.

    Now, there are certainly valid objections to the scope and scale of 404, but those are fairly focused on the size of companies that SOX should apply to, and how much testing the auditor should demand that they and the company do around 404.

    1. Re:IAACPA - I Am A CPA by Anonymous Coward · · Score: 0

      I remember hearing that they are planning to reduce the record keeping aspect of Sarbanes-Oxley 404 in the coming year anyway, because firms have been complaining too much that it has been increasing costs.

      To me this is not SOX's fault, this is Apples fault for recognizing too much revenue and not wanting to take loss on estimate.

      I'm not a CPA yet.

    2. Re:IAACPA - I Am A CPA by sweatyboatman · · Score: 1

      This is the most intelligent thing I have ever read on Slashdot. Kudos!

      --
      It breaks my pluginses, my precious!
    3. Re:IAACPA - I Am A CPA by bill_mcgonigle · · Score: 2, Interesting

      that since Apple had not perfected delivery of the complete laptop with 802.11n, they had not finalized all terms of the delivery, and thus had not "earned" all of the revenue from that sale.

      Would there be any problem with Apple offering the upgrade for $5 and offering a $5 instant rebate?

      --
      My God, it's Full of Source!
      OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
    4. Re:IAACPA - I Am A CPA by wik · · Score: 1

      If they don't do everything right, do you return a 404 error?

      --
      / \
      \ / ASCII ribbon campaign for peace
      x
      / \
    5. Re:IAACPA - I Am A CPA by ForemastJack · · Score: 1

      Sir,

      That was a lucid, well-written, engaging, and informative post. You clearly not only understand the subject, but you also understand how to inform without condescending to your audience.

      How dare you post on Slashdot! Be gone, you have no business here!

    6. Re:IAACPA - I Am A CPA by geekoid · · Score: 1

      Since there is axactly zero reference to this from Apple, I'll chalk it up as rumor.

      You are correct, everytime there is an accounting change, or anyother hiccup in a corporation it gets blamed on SOX.

      As you are probably aware, this all stems from that horible accounting practices done by many large corporations including seriously FUBARed GL's

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
  60. was going to happen anyways. by OrangeTide · · Score: 1

    The time for paying for patches has been coming down the pipe for a long time now. Likely we'll see "service contracts" with ordinary users and not just limited to corporations. The accounting laws might be used as an excuse, but really they don't need an excuse to successfully charge us more for software.

    Honestly the law and reasoning seems legitimate. Although why Apple wants $5 instead of $2, I don't know. (other than greed)

    What impact does this have on open source. if I ship some whiz-bang product (like a linksys router) and people are buying it because of some opensource upgrade that is going to be released next quarter does the law apply. or only if i want to ship some upgrade myself in the next quarter but count the revenue for the sales in this quarter?

    --
    “Common sense is not so common.” — Voltaire
    1. Re:was going to happen anyways. by delinear · · Score: 1

      The time for paying for patches has been coming down the pipe for a long time now [...] really they don't need an excuse to successfully charge us more for software.

      Honestly the law and reasoning seems legitimate.

      Ignoring the present case for the time being, I find it difficult to accept that the reasoning is legitimate, even if the law is. Companies have got away with releasing unfinished, bug-ridden code for years because there have always been free updates and patches should enough people complain about a particular broken feature. Now that people accept they will be buying a broken product with the promise of fixes in the future, it seems morally dubious for the companies to suddenly about face and start charging for these fixes.

      If I buy a TV, I expect it to work out of the box. I'd have a hard time accepting the situation where I buy a broken TV and get incremental free repairs from the TV company. If they then tell me I have to pay for those repairs...

      If companies are going to charge for patches then they need to start producing software that needs fewer fixes in the first place, otherwise this is a massive conflict of interest.

    2. Re:was going to happen anyways. by OrangeTide · · Score: 1

      I think you hit the nail on the head. our expectations are that software won't be perfect on the day of release. Yet we are unwilling to wait 6-9 months for newly released software to mature.

      Software isn't a TV set or washing machine or microwave. It's not thought of in the same way as an appliance by consumers. The behavior of these corporations persists only because of the way consumers view these products.

      Why do cellphones generally have terrible interfaces and overpriced service? because consumers want the latest gadget and want it "free" with a 1-2 year contract.

      Unfortunately when the market is dominated by shoddy products that sell very well it leaves little room for high quality products with longer releases cycles and higher development costs.

      As consumers we will have to but software based on the features that work at release. and return software if the features that we wanted don't work. that would require us to be willing to (OMG!) wait months after initial release. Do most people want to be the "last" person with Vista or Mac OS X Leopard by putting off that purchase for 6 months?

      --
      “Common sense is not so common.” — Voltaire
    3. Re:was going to happen anyways. by Jasin+Natael · · Score: 1
      Honestly the law and reasoning seems legitimate. Although why Apple wants $5 instead of $2, I don't know. (other than greed)

      Remember the story a few years back when some University installed a VOIP system for their dorm rooms, and then after the fact they found out it would cost them more to track, bill, and support it than they could reasonably charge the residents? They decided to offer unlimited domestic long distance for free... Apple, however, is (at least as far as they can figure out) obligated to charge something for the service and show a profit so as not to fall afoul of the regulations. I'd imagine $5.00 is pretty much a minimum for collecting a credit card payment online, paying support costs related to the update, and having a bit left over to write down as profit.

      --
      True science means that when you re-evaluate the evidence, you re-evaluate your faith.
  61. Credit card processing minimum charges? by Scareduck · · Score: 2, Interesting

    I wouldn't be surprised if the reason was that this is the minimal charge that credit card companies (one or more) will accept.

    --

    Dog is my co-pilot.

    1. Re:Credit card processing minimum charges? by mr_matticus · · Score: 1

      That, and it has to look legitimate on paper to a neutral observer. Even though everyone knows they're really just going through the motions for the sake of the law, the court has to look at the actions at face value and ensure that Apple is actually 'upgrading' its products and providing a) a meaningful change to the hardware specs and b) a substantive charge for the improvement. This whole thing started because Apple filed its accounting documents under the pretext that its hardware had b/g components. Adding the n component is a material change to their products which has to appear in accounting disclosures.

    2. Re:Credit card processing minimum charges? by Mike+Peel · · Score: 1

      But then: they sell songs for $0.99 on iTMS. I can quite easily go and buy a single song on there (or rather, I would if I had a US postage address, which I don't, so I would pay £0.79 instead...). So why not pass it through the same system as iTMS, and charge the price of a song?

    3. Re:Credit card processing minimum charges? by ubernostrum · · Score: 1

      But then: they sell songs for $0.99 on iTMS. I can quite easily go and buy a single song on there (or rather, I would if I had a US postage address, which I don't, so I would pay £0.79 instead...). So why not pass it through the same system as iTMS, and charge the price of a song?

      And yet I know -- from looking at my bank statements, since I'm using a debit card for the iTunes store -- that I'm not being charged immediately. If I go a relatively long period (say, a week) only buying one song, I do see a 99-cent charge, but if I buy more than that I see a single aggregate charge instead. So I wouldn't be surprised if they're doing their best to hold off on the charge until it's profitable to run it through; I've seen a number of physical businesses (particularly coffeeshops) hanging up notices that they won't accept credit/debit cards on charges less then $5.00, so it'd make sense for Apple to do the same.

      This also makes more sense than the line of reasoning which says it's $4.99 to make it look "real" -- there is, for example, a long and storied tradition in the US of employees signing over patents to employers for a fee of $1.00 (since there's a requirement that the transfer be in return for some "consideration").

    4. Re:Credit card processing minimum charges? by tricorn · · Score: 1

      What accounting form are they filing with the government that says "the chipset we're using in this specific laptop is 802.11b/g capable", where not mentioning that with the proper firmware it can also do 802.11n would be considered misrepresentation?

    5. Re:Credit card processing minimum charges? by mr_matticus · · Score: 1

      There aren't preset forms like for renewing your drivers license. Each company reports its transactions differently, but their accounting documents have to correspond to marketed features. It will show that there is a Seagate hard drive of x capacity and y quantity purchased, and installed into z computers. It will include all relevant certifications and specifications precisely as marketed. It will show each kind and number of screws and bolts ordered, and it will show that they ordered a wireless chipset certified for b/g communications, and it will show that they shipped computers with b/g wireless capability. The fact that the hardware was n-ready couldn't be disclosed because a) they didn't know that it necessarily would be [early draft stage], b) those filings are official documents and it could be used against them as an indication of a feature [when no such feature existed], and c) making any kind of forward-looking statement is frowned upon with accounting [as distinct from financial disclosure]. It's not an engineering disclosure, so it's not going to show, say, that they're using 3.0GHz CPUs that have been downclocked to 2.16GHz (that would be something that Intel might file, but Apple as a customer would simply report that it ordered 2.16GHz CPUs as specified in its product information and that it received 2.16GHz CPUs which were then installed in the specified computers). It's not going to go off in a tangent of "can slice bread in the future with the right software." That's not the place. Accounting documents assess what the product *is* and not what it *could be one day in the future*.

      They could have reserved $5 from each sale in order to do this reporting in the future, but it's possible that they weren't aware of the requirement at the time. Management, marketing, sales, accounting, and legal are very frequently on different pages, and Sarbanes-Oxley is still relatively new. That would have been the ideal solution, but also remember that Apple has zero obligation to enable .11n on these machines at all, since they were never officially capable of it and the products work exactly as advertised with b/g. Of course, if they'd opted to just ignore the older computers, there would be a huge Slashdot outburst about that, too.

  62. Not Apple, Steve Jobs. by Angelwrath · · Score: 1, Interesting

    You mean now Steve Jobs is paying attention to the law, because in another case it's threatening to publicly humiliate him in the worst way: having him fired from Apple for options backdating, when he is already wealthy many times over, and any money that he or others would have made on the options is paltry compared to the humiliation he would suffer in the eyes of Gates and other "enemies", not to mention a lot of America.

    If you watched the last 5 minutes of the Macworld 2007 Keynote speech by Steve, what you see is a guy scared that he is going to lose his position, which is why he spends those 5 minutes thanking people at Apple, thanking John Mayer, and just otherwise looking very emotional and inwardly scared.

    I'd bet, barring a hearing with the government in which they say "No, you need not charge for this", that Apple will charge $5 bucks. It's a waste of money. Our wireless speeds are far faster than any internet connection they will be hookedup to, unless you're at a University campus. Why bother spending for it? It won't yield any extra download or upload speed.

    1. Re:Not Apple, Steve Jobs. by jZnat · · Score: 1
      Our wireless speeds are far faster than any internet connection they will be hookedup to, unless you're at a University campus. Why bother spending for it? It won't yield any extra download or upload speed.
      Because 802.11g isn't fast enough to stream 1080p HD video? And it's a bitch to copy anything larger than, oh, 50 MB, across an 802.11g network.
      --
      'Yes, firefox is indeed greater than women. Can women block pops up for you? No. Can Firefox show you naked women? Yes.'
    2. Re:Not Apple, Steve Jobs. by Anonymous Coward · · Score: 0

      ...the humiliation he would suffer in the eyes of Gates and other "enemies", not to mention a lot of America.

      Bwhahahaha. Ask any random American who Steve Jobs is and you'll get a blank fucking stare.

    3. Re:Not Apple, Steve Jobs. by bergeron76 · · Score: 1

      t's a waste of money. Our wireless speeds are far faster than any internet connection they will be hookedup to, unless you're at a University campus. Why bother spending for it? It won't yield any extra download or upload speed.

      Uhm, so we can access our home fileservers faster?

      Not everyone surfs the web with their MacBook Pro from the dorm lounge.

      Some of us use WiFi so we don't have to run Ethernet throughout our homes to our fileserver.

      --
      Don't think that a small group of dedicated individuals can't change the world. It's the only thing that ever has.
    4. Re:Not Apple, Steve Jobs. by jvkjvk · · Score: 1

      Ah!

      Thanks, mods. So Steve spend the last five minutes of his keynote looking emotional and inwardly scared ?

      I do not generally go out of my way to see Apple stuff, so I hadn't seen it. I watched the last five minutes and that was certainly not the impression I got.

      Perhaps others will disagree but I find you response skewed.

      Well, at least I had the experience of watching part of the quicktime. So, thanks!

    5. Re:Not Apple, Steve Jobs. by tepples · · Score: 1

      Because 802.11g isn't fast enough to stream 1080p HD video?

      Doesn't most 1080p content have a frame rate of 24 fps because it was shot on film? And doesn't 1080p at 24fps fit over, say, the 18 Mbps channel of ATSC?

    6. Re:Not Apple, Steve Jobs. by tricorn · · Score: 1

      802.11n should maintain speed over a larger distance than 802.11g. It should also have less interference problems with other access points, and should be less susceptible to interference from 2.4GHz cordless phones and microwave ovens (and Bluetooth and ...). I'm switching soon after the standard is really released and manufacturers start advertising actual certification rather than "draft" status.

    7. Re:Not Apple, Steve Jobs. by Angelwrath · · Score: 1

      "I watched the last five minutes and that was certainly not the impression I got.

      Perhaps others will disagree but I find you response skewed."

      Perhaps you didn't get the impression, but as someone who has been an Apple enthusiast and one who respects Jobs immensely, I have read a lot of literature about Jobs in my time. I've also seen just about every Macworld keynote there is.

      During this presentation, beyond just the five minutes, what I saw was Jobs off his A-game. He wasn't as funny as usual, and he missed some great setups for jokes. During the last 5 minutes, or maybe it's about 10, he thanks the iPhone team and talks about families and their sacrifice as if he's talking about the troops overseas, tells a story about Woz and him back in the day, he dips into history to talk about milestone products, like the Mac and the iPod, he thanks and hugs John Mayer (never seen him hug anyone on stage before), and after he's finished thanking the families of Apple employees, I think he even is bordering on tears.

      Now you may not have seen this, but I am certain of a lot of these queues, and it points to an unusual Jobs, definitely not the usual Jobs. It could be a number of things, but think of it this way: the options thing could mean that Jobs would be kicked out of Apple a second time, and the first time was borderline devastating for him, a second time, during the peak of Apple's success, would likely be as bad. This is why I made the conclusion that I did.

  63. Pay for new features by Anonymous Coward · · Score: 1, Insightful
    Pay to keep up or don't get anymore patches.

    You pay for new features. Like Spotlight, Dashboard, etc. Patches (things that repair existing functionality), of course, are free.

    It's (supposed to be) like paying for a "new OS" -- like paying for Vista as an "upgrade" from Windows XP.

    Additionally, since there's no penalty for not upgrading (you still get patches), you could stick with your old version. For example, if you like the Windows update cycle of a major change every five years, you could choose to update from OS X 10.1 to OS X 10.5. This would be at least as big a change as the change from XP to Vista, and not merely "patches" as you claim.
  64. SOX is the excuse for... by haggie · · Score: 1

    a.) screwing customers b.) avoiding work c.) both

  65. Retaliation by Anonymous Coward · · Score: 0

    *adjusts foil hat*

    Maybe Apple is learning business practices from Microsoft. MS presently gives members of the RIAA money for every Zune sold because "it could be used for piracy." The real reasoning though, is to influence recording studios' deals with Apple/iTunes and make matters more difficult for Apple. They have - based on the reactions of executives in the industry - poisoned the well when it comes to Apple's future in digital music.

    Apple may well be charging this little fee so that they can point fingers at Microsoft some time down the road and say "hey, they're not charging for this product! They're in violation of SOX!"

    This is really just some guesswork on my part.

  66. Because software features aren't accounted for. by mr_matticus · · Score: 5, Informative

    Software products are advertised for their core functionality. They're intended to be fluid products, and accounting doesn't care what features are added or removed in software, as long as Photoshop stays an image editor and Dreamweaver stays a web content editor, the rules are met.

    Not the same with hardware. Any material change in the product has to be accounted for. If Apple already filed its disclosure statements indicating that its products had b/g wireless chipsets in it (which it would have), it can't go back and change that later and say "oops actually it's 802.11n." Doing so would be a "material misstatement" punishable by the PCAOB under Sarbanes-Oxley. By charging for the 'upgrade' they can file current accounting documents saying that the products were upgraded with new functionality.

    1. Re:Because software features aren't accounted for. by DRJlaw · · Score: 2, Interesting

      Not the same with hardware. Any material change in the product has to be accounted for. If Apple already filed its disclosure statements indicating that its products had b/g wireless chipsets in it (which it would have), it can't go back and change that later and say "oops actually it's 802.11n." Doing so would be a "material misstatement" punishable by the PCAOB under Sarbanes-Oxley.

      Your argument concerning material misstatements is self-contradictory. The original statement that it has a b/g wireless chipset is patently false, because it omits that the chipset is in fact draft-n hardware. The law has a long history of treating omissions as material misstatements.

      More importantly, I don't accept the premise of the argument. Not only have you failed to justify how software is different from hardware under SOX based on the law, you have failed to justify how a clearly upgradable binary object (a.k.a firmware) is hardware rather than software. The chipset did not change. The programmed functionality did.

      The upgrade mechanism does nothing to solve a rational argument concerning material misstatements. If you want to argue hardware, there was one. If you want to argue functionality, there wasn't one. Neither changes thanks to a firmware flash.

    2. Re:Because software features aren't accounted for. by eh2o · · Score: 2, Interesting

      Shouldn't they have disclosed that it contained latent n capability in the first place? I mean, even if it is disabled, it is still *there* and the job of accounting is to describe exactly what is there, not to mention keeping the paper trails consistent which must have already mentioned the n feature at some prior point.

      IMHO, they screwed up and are now using a technical loop-hole to avoid being fined for a material misstatement. Worse, they found a way to turn the loop-hole into profit. Even worse, they probably did it on purpose because it would have been an embarrassment when the mac-dorks discovered the hidden n functionality by reading the financial filings and some 15 year old hacker came out with a kernel patch to enable it before they did.

    3. Re:Because software features aren't accounted for. by mr_matticus · · Score: 2, Informative

      It was sold and marketed as a b/g wireless chipset; it was reported in accounting as a b/g wireless chipset. As far as the documents filed are concerned, it did NOT have the n-capability. Wireless-n did exist in the hardware, but it was activated and it wasn't ready. They were stuck with two subpar options: 1) file that the hardware was 802.11n capable and risk getting in trouble for not supporting advertised features or 2) not advertise the capability and deal with the upgrade later on. Obviously the latter garners less negative publicity.

      You have to look at filings from an accounting perspective to understand this. You report a software unit, and you report your individual component purchases (every screw, every ROM, every PCB). You don't report software features in accounting.

      From an accounting standpoint, the chipset DID change, even though the ability was physically present. 802.11n is a wholly new and non-interoperable feature. It's not a faster 802.11g card; it's not a software improvement. It's a different technology that requires compatible hardware and software to function. Don't overthink it and try to make a technical argument based on the fact that it's an evolutionary standard, because it's not. An 802.11g device will never work as an 802.11n device, nor will it work on an 802.11n network. It WILL work on a mixed-mode network, but that is not the same thing.

      The hardware capabilities did change as apparent to the device. It did not support a technology before, and now it does. Both hardware AND software are needed to make it work, and as far as reported to federal regulators, their products had neither. Adding this "new" physical functionality requires an upgrade not originally reported in their revenue disclosures.

    4. Re:Because software features aren't accounted for. by DavidTC · · Score: 3, Informative

      That makes no sense at all.

      Deferring the income would be selling it as a 802.11n device that will be turned on later.

      Magically converting a device that no one knew was 802.11n to 802.11n is not 'deferring' anyway, anymore than cars have 'deferred' upgrades when the car dealership randomly gives them a free cup holder at their 30,000 mile oil change.

      The law is designed to stop companies from selling things that don't exist yet, and accounting for them now, before they've actually made them. I.e, selling an empty lot and a contract to build a building on it counts as an empty lot now and a building when it's built, you can't count the building now.

      I don't know if that example is strictly true, but that's the theory going on, because companies would use silliness like this to disclose things whenever they were convenient, and sometimes they'd even plan to back out of said contracts in the first place, and do them entirely to make their balance sheet look good.

      I don't know what kind of crack Apple is on, or if this is just a scam, but no law requires anyone to charge for free, unadvertised upgrades, whether on hardware or software.

      Now, what this could have done is magically change the 'value' of their existing inventory, but paradoxically, only because they're charging for a feature. I.e, the value of their inventory that can upgrade to 802.11n are original value + (estimated percentage of people who will upgrade * $4.99). That might screw up their accounting, but they did that to themselves.

      --
      If corporations are people, aren't stockholders guilty of slavery?
    5. Re:Because software features aren't accounted for. by mr_matticus · · Score: 4, Informative

      When Apple started shipping the components, the standard wasn't finished or available to be implemented. Had they announced 802.11n support and something had changed wrt the spec, they would have been completely battered and hung out to dry for not delivering on an advertised feature. By not disclosing the capability, they had absolutely nothing to lose. Keep in mind that they had NO obligation whatsoever to enable the n-mode on these machines, since it was never an advertised or reported feature.

      Exactly as you specified, the law prohibited Apple from marketing the devices as n-compliant, and it also prohibits them from retroactively restating its hardware. They can't go back and say, "oh by the way, the last 800,000 computers we shipped had different hardware than reported in our disclosures." They HAVE to treat material changes as product upgrades, and in order to include it in accounting filings, there has to be money involved. Yes, it is a very strict interpretation of the PCAOB rules, but keep in mind they're being investigated at this very moment for their accounting practices. Now's not the time to play fast and loose with the regulators.

      The law requires ACCURATE reporting of products and services, and expenditures therein. In order to revise an existing product, you must handle each as a new upgrade according to a strict interpretation; anything else represents a material misstatement, something which can come with heavy fines in the post-Enron age. If Intel shipped an update uncrippling its old Celerons to full-blown Pentiums, they'd be in the same boat--those products were sold as Celerons, not as Pentiums.

    6. Re:Because software features aren't accounted for. by danheskett · · Score: 1

      The missing element here is 'cover your ass'. SOX puts the onus on companies to be fanatically on the safe side. And it puts the onus of CEOs and executive management to personally approve and verify and vouch for the exact accuracy of various filings. It looks like Apple included this chipset not sure if it would be upgradeable. It was an early time of a draft standard. Is the executive management of a major company going to risk an accounting error based on the minuatae of whether or not firmware is software or hardware?

    7. Re:Because software features aren't accounted for. by mstone · · Score: 2, Informative

      You're confusing the physical capacities of the chips with the law.

      The law says 802.11g and 802.11n are different products. Moving from one to the other is a material change in your computer, and the law doesn't care whether you have to swap out hardware or just patch the firmware.

      When Apple sold the computer, it said the computer had 802.11g functionality. The fact that the chipset was capable of something else is irrelevant. Apple only had to be able to prove that the chips it used did in fact deliver the promised 802.11g functionality.

      If Apple had listed the machine as "802.11n-capable," the law would have required Apple to deliver 802.11n functionality at the time of sale.

      If Apple handed out the patch for free now, you'd have customers getting what the law considers to be a material change in the product at no cost, which comes reasonably close to what the law calls "selling unfinished products." A regulator would have grounds for saying that Apple charged customers for the 802.11n capacity at the time of sale, but didn't deliver that functionality until later.

      That's illegal. According to the law, a company is only allowed to receive money for functionality when it actually delivers that functionality.

      The fact that the law considers 802.11g to be a different product from 802.11n rules out a free upgrade, period. Either Apple delivers 802.11n at the time of sale, or it charges for an upgrade later. Those are its only options.

      By the same token, the price Apple charges for the upgrade has to represent a reasonable fee for the material change, as balanced against the actual cost to Apple of making the change. $4.99 is a lot less than it would cost to swap in new hardware, and it's low compared to the ticket price of most software. I'd imagine it just about covers the fees to the credit companies and Apple's internal processing costs, with a little left over to cover the cost of development.

      This is hardly going to be a cash cow, after all. The absolute number of people who can get this upgrade is relatively small, and all Apple's new machines are being sold as 802.11n-capable.

    8. Re:Because software features aren't accounted for. by iainl · · Score: 1

      Maybe I'm being think; I Am Not The Proverbial Slashdot Lawyer.

      But how is this really different to the fact that I bought an XBox 360 that could output up to 720p over VGA, with non-upscaled DVD playback, but now I've performed a dashboard update I'm getting 1080p with upscaling?

      --
      "I Know You Are But What Am I?"
    9. Re:Because software features aren't accounted for. by tricorn · · Score: 1

      Wow, there's a law that says 802.11g isn't the same as 802.11n?

      As I see it, they never CHARGED for 802.11n functionality, so how could they be receiving revenue on that before they deliver it? The change in functionality of the wireless chipset by enabling 802.11n is NO different from the change in functionality of the entire computer anytime you add software to it, which renders the entire argument ridiculous. If they want to be accurate, they should defer some of the income to the future to account for support costs (DIRECT support costs, e.g. the actual cost of the bandwidth for downloading patches) through the supported life of the system, just as they presumably do for things like warranty support. The only way there should be a specific charge for something like this is if they are required to pay licensing fees for each copy they distribute; even there, I don't see any reason they can't eat the cost and chalk it up to customer retention.

      Apple allows you to download all sorts of new functionality all the time. I fail to see how this is an "accounting issue".

    10. Re:Because software features aren't accounted for. by mr_matticus · · Score: 2, Informative

      A new resolution isn't a new technology. So long as it had HD support, it is reasonably expected that it should perform to the hardware limits. The only difference separating 720p and 1080p is the number of pixels. Think of it this way: 1080p doesn't require any different hardware than 720p--it just requires sufficiently capable hardware to push the extra pixels, which the 360 has had from the beginning. If the XBox were a consumer electronics device that didn't support HD at all, then the introduction of high-resolution HD support would be problematic in the same way.

    11. Re:Because software features aren't accounted for. by Bloke+down+the+pub · · Score: 1
      If Apple had listed the machine as "802.11n-capable," the law would have required Apple to deliver 802.11n functionality at the time of sale.
      That sounds like a truth in advertising/trade description issue, not an accounting one. And even then, it would depend on the wording.

      If Apple handed out the patch for free now, you'd have customers getting what the law considers to be a material change in the product at no cost, which comes reasonably close to what the law calls "selling unfinished products."
      But what they shipped, and charged for, and recognised the revenue for was a finished product. It was finished in that it met the specified (lower, 801.11g) standard. The fact that a higher standard exists is irrelevant.

      Either Apple delivers 802.11n at the time of sale, or it charges for an upgrade later. Those are its only options.
      There's no law against freebies. Apple are using SOX as an excuse. How is this different to those cards sandwich shops have, where they stamp it each time and after ten you get one free?
      --
      It's true I tell you, feller at work's next door neighbour read it in the paper.
    12. Re:Because software features aren't accounted for. by nosferatu1001 · · Score: 2, Informative

      Agreing with Mr Matticus here - the hardware you bought hasnt changed, in a material way. 802.11n is materially different to g, however 1080p is not to 720p - the latter can be run on the same hardware, as the 360 demonstrates!

      Companies have to tread VERY carefully with SOX; the rules allow us auditors very little room to interpret anymore, which is causing problems, so coupled with the investigation they are currently under they will be being VERY careful about this!

      As for the $5 price - that will be presuambly a fair value appraisal. You generally can't give things away (say if theyd only charged $0.01) unless you want to incur tax liabilities yourself!

    13. Re:Because software features aren't accounted for. by dave420 · · Score: 1

      What about motherboard providers? They ship new BIOSes all the time, nearly every single time adding support for new hardware or functionality (new frequencies, etc.). Do they have to charge? Apple's update is just software, too, and all that does is add new functionality. Apple seem to be really fucking this up somehow. It's not like Apple is the first company to be in this quandry since Enron instafucked itself.

    14. Re:Because software features aren't accounted for. by Shifuimam · · Score: 1

      "By charging for the 'upgrade' they can file current accounting documents saying that the products were upgraded with new functionality." So how are they able to include the upgrade for "free" with the $179 new N-capable Aiport Extreme base station? What if I only own non-N hardware (before the switch to Intel), but want to buy the new base station? Does that $179 include the cost of the upgrade for Apple's accounting documents? How does that account for every machine upgraded, and why should I pay $179 for something that includes upgrade fees for an upgrade that isn't compatible with my hardware? That seems a little unfair. Charge them all the same rate, or charge nobody. Or, next time, announce that your hardware has a dormant functionality that will be enabled in the near future, pending the release of some new hardware (the new Airport Extreme base). I'm sure that goes against Apple's attempts at generating more revenue by keeping everything secret before the day it's released, but it sure would prevent them from pissing off their customers so much.

      --
      I'm a geek girl. Seriously.
    15. Re:Because software features aren't accounted for. by Anonymous Coward · · Score: 0

      Suffice it to say that the Sarbanes-Oxley Act (SOx) is a twisted bitch of a set of laws. The people who are telling you that 'software' is considered a part, while each individual screw/nut/pcb/jumper are considered parts, and that you can (not will, but *can*) get into legal trouble for selling x as y, and then updating it to x after the fact, are telling the truth. It doesn't make sense, but that doesn't mean it's not the law.

      What I suspect will happen?
      Regulators will issue a clarification which will make it clear that Apple is allowed to give away the 802.11n firmware update, and Apple will stop charging for it. Then a few years later, someone will use that loop-hole to do something that *isn't* beneficial to consumers, and there will be a huge backlash.

    16. Re:Because software features aren't accounted for. by DavidTC · · Score: 1

      "oh by the way, the last 800,000 computers we shipped had different hardware than reported in our disclosures."

      Which was my damn point. Either Apple already lied about the hardware, and thus, are already in trouble, or they didn't lie and are fine. If you give someone something for free, it's not revenue.

      And they don't have to 'restate' their previous hardware as n-compatible just because they, or someone else, created some software to make it so. It wasn't n-compatible, and, as far as Apple cares, it's still not.

      The idea that it's illegal to give away something that enables a previously announced feature on hardware is completely batshit insane, and Apple is consequently a) batshit insane itself, b) lying to make money, c) lying to look like it's complying with every single law, even ones that don't actually exist, or d) lying to make SOx look like a bad law, which companies have been doing ever since it was passed.

      Or some combination thereof. Of course, all this is from some guy's blog, so it's probably crap to start with.

      To repeat: A lot of companies have taken issue with SOx restricting their unethical activities, and as such have started blaming all sorts of crap on it. SOx does not require any behavior from companies except in their accounting books, period. It doesn't require them to do anything at all in their interactions with customers, it just requires them to record the interactions, in their books, in certain specific ways. It is legal under SOx to give stuff away, it is legal to charge for it, it is legal for Apple to pay people to upgrade to 802.11n, it is legal for Apple to give people blowjobs to upgrade. (Well, under SOx, that is. Prostitution laws probably forbid it.)

      --
      If corporations are people, aren't stockholders guilty of slavery?
    17. Re:Because software features aren't accounted for. by mr_matticus · · Score: 1

      Not disclosing future capability is not lying. They were not already in trouble. The hardware, as shipped, contained all of the features disclosed by the company.

      Further, by shipping the update, they are acknowledging the n-compatibility, so "as far as Apple cares, it's still not" does not reflect the actual state of affairs.

      The feature, furthermore, was not previously announced.

      This is wholly about accounting documents and making them correct. They should have reserved $5 from each sale previously to report in the correct accounting now, in an ideal world, giving customers free updates to .11n and still fulfilling requirements. However, they did not. There are therefore two options to comply with Sarbanes-Oxley given that starting point: 1. Do nothing and do not enable .11n capability in the older products--it wasn't announced, wasn't promised, wasn't officially disclosed as possible. 2. Charge the customers who want it some trivial amount of money (knowing that each disc will undoubtedly be used multiple times by multiple people and released on P2P networks) so that they can report the new capability in the proper columns in their accounting. This way, they comply with the letter of the law while inconveniencing no one.

      They opted for the latter. They'd already accounted for all components and expenditures related to this product, and accounting for gross profits. The $1999 computer was $1999 in their books. 802.11n is a hardware upgrade, but the hardware components aren't in the books--only b/g hardware is. Apple releases a new product, the "802.11n upgrade." This allows them to list the .11n components that they've actually had all along but didn't disclose, keeping them in line with accounting laws.

      If you've ever dealt with business law (and it's evident you've not), you'd realize that every company's accounting books are filled with not-entirely-accurate assessments of reality like this. They can't report a 0.00 revenue block, because then it looks like they got the .11n hardware for free (in fact they effectively did, because the b/g component costs IN NON-ACCOUNTING WORLD included the .11n hardware), which is a great big red flag. It's naive and ill-informed to believe that Sarbanes-Oxley doesn't impact anything but accounting records. The whole purpose of the act is contrary to that assessment: it exists to substantially curtail the "fabricated realities" in accounting books. As this example shows, it doesn't exactly work that well. It creates added compliance costs, many of which are passed onto consumers, and it creates a huge headache with "can we, can't we" debates in companies large and small.

    18. Re:Because software features aren't accounted for. by mstone · · Score: 1

      ---- Wow, there's a law that says 802.11g isn't the same as 802.11n?

      Well, yeah. For starters, they're fundamentally incompatible devices. An 802.11g device can't speak the 802.11n protocol, and a pure-802.11n device wouldn't speak 802.11g. Second, you can't turn an 802.11g card into an 802.11n card with a simple firmware upgrade. If two devices don't talk to each other, and you can't turn one into the other without serious hardware modification, you have what the law considers two different products.

      If you were being sarcastic and asking if there's a specific law for 802.11g/n, then no, but you can bet your booties there's a law that defines what will and will not be considered equivalent products.

      ---- As I see it, they never CHARGED for 802.11n functionality, so how could they be receiving revenue on that before they deliver it?

      If you end up with a machine that has 802.11n functionality, the law says you paid for that functionality at some time or other. If the only time you paid was at the time of sale, then 'time of sale' is the only time when you could have paid for that functionality. If the functionality didn't exist in the product at the time of sale, then the law says Apple could be considered guilty of selling an unfinished product.

      Once again: the law prohibits free upgrades. Too many companies were using 'free upgrade' as an excuse for selling products that weren't finished, reporting all the revenue as income for the current quarter, and failing to tell anyone (like the SEC or the shareholders) that the company had a whole bunch of outstanding 'upgrades' that would have to happen later. It was a loophole that allowed companies to hide expenses, artificially boost their profit numbers, and manipulate their stock prices. SOx closed that loophole.

      And as with any set of rules, there are edge cases where a strict interpretation of the rules seems silly. This is one of those cases, but that apparent silliness doesn't change the rules.

      ---- The change in functionality of the wireless chipset by enabling 802.11n is NO different from the change in functionality of the entire computer anytime you add software to it, [...]

      Again, you're confusing the physical realities of the chipset with the law. The law says 802.11g and 802.11n are two different things. The law says an 802.11n device is composed of umpty-seven different components, ranging from chips to jumper wires to firmware. That point is important: according to the law, the firmware that makes a device do its thing is a component, and there's no legal difference between a 'software component' and a 'hardware component'.

      The difference between 'software' and 'a software component' is important. The fact that some part of an 802.11n card's inner workings is embodied in software is an engineering/economic decision. It's fully possible to build an electrical circuit (a hardware component) that would do everything the firmware (a software component) does. It's just cheaper/easier to do it one way as opposed to the other. What's more, the 802.11n card stops being an 802.11n card if you remove that component.

      By contrast, a computer doesn't become 'a computer' when you load Firefox onto it. Nor does it stop being 'a computer' if you delete Firefox from it. It does stop being 'a computer' if you remove the firmware, though, just like it stops being 'a computer' if you remove the CPU, the RAM, or any other critical hardware component.

      If a device can no longer perform its stated function when you remove X, then X is a component. If the device can still perform its stated function when you remove X, then X is an accessory, and probably a product in its own right.

      As far as the law is concerned, turning what was originally sold as an 802.11g card into an 802.11n card is a material change in the product. To make the change, you have to remove one set of components, and put in some other set of components. The law does

    19. Re:Because software features aren't accounted for. by mstone · · Score: 1

      ---- That sounds like a truth in advertising/trade description issue, not an accounting one. And even then, it would depend on the wording.

      I'm not talking about ad copy, I'm talking about documents that get handed over to government regulators.

      The law requires Apple to have a set of documents that say exactly what a 'MacBook' is supposed to be. There are two parts to those documents: A complete description of the features the product offers, and a complete accounting of the components it uses to deliver those features. Together, those documents amount to Apple's legal promise that the components listed in part B do in fact deliver the features promised in part A, and that the features listed in part A are exactly what Apple is promising its customers.

      In this case, Apple said, "802.11g functionality" in part A, and "stock 802.11g cards or downgraded 802.11n cards" in part B. That's perfectly legal. Manufacturers use partial assemblies or downgraded parts all the time. The only thing that matters is that the components listed in part B do deliver the features listed in part A.

      If Apple had said, "upgradeable to 802.11n" in part A, there are a couple of ways it could have gotten into trouble. First of all, any MacBook with a stock 802.11g card would be in violation because 802.11g doesn't do 802.11n. Second, the regulators would look askance at the 'upgradeable' part, because that looks like an unfinished product. The regulators would rather see '802.11n functionality' at the time of sale.

      ---- But what they shipped, and charged for, and recognised the revenue for was a finished product.

      Was it? If Apple releases a 'free upgrade' that materially changes the product after the time of sale, was the product actually finished at the time of sale, or did Apple just under-report the functionality listed in part A so it could push unfinished products out to consumers, record the revenue in this quarter's financial statements, jack up its stock price, then finish the product later?

      More to the point, if the product was capable of being materially upgraded for free, why didn't Apple say it was upgradeable? And that, of course, leads back to the question of why they didn't just deliver the functionality at the time of sale.

      The bottom line is that the law equates 'free upgrade' to 'something the vendor should have delivered at the time of sale'. Too many companies were using free upgrades as a loophole that allowed them to erase expenses from their books and report revenue artificially early. That combination made those companies look great to investors, who then found themselves owning stock in a company that did not, in fact, have strong revenue growth, and did have all sorts of unexpected debts.

      ---- How is this different to those cards sandwich shops have, where they stamp it each time and after ten you get one free?

      It's different because the sandwich shop is giving you a completely new product for free (in effect, a volume discount that sets the price of 11 sandwiches equal to the price of 10), not saying, "buy a sandwich from us today, then bring it back tomorrow and we'll upgrade it to a deluxe for free."

    20. Re:Because software features aren't accounted for. by tricorn · · Score: 1

      But they didn't sell it as "upgradeable to 11n". If they did, then charging $4.99 to make it be so would be the part that would be illegal, I'd think.

      I agree that the firmware is a component. So what? It costs nothing to distribute (well, no more than any of the other things that Apple gives away for free all the time), and the development time they spent is a sunk cost, they had to do that anyway to sell new devices that they WILL advertise as being 11n capable.

      you can't turn one into the other without serious hardware modification, you have what the law considers two different products

      Of COURSE you can, that's what is happening. You're turning one thing into the other, by replacing the firmware. Firmware that costs $0.00 to manufacture.

      No, there's no difference between "software" and "a software component". With a web browser, my hardware can do certain things that it can't without the web browser. Apple sells the computer partially based on some of those things, yet that doesn't prevent them from releasing a free upgrade to Safari that allows it do do new things that it couldn't do before.

      If the wireless chipset that was being used was a totally generic software-defined radio chipset, whether it is b/g or n or a or something that hasn't yet been defined is completely up to the firmware being used. Upgrading it with new capabilities is no different from giving a web browser a new capability.

      What law "prohibits free upgrades"?

      f you end up with a machine that has 802.11n functionality, the law says you paid for that functionality at some time or other.

      What law says that? I bought a machine that had 802.11n capability, but no software, and write my own firmware to implement the 11n functions. When did I pay for that? (never mind that the FCC would have problems with it, that's a different issue entirely). Sure, if Apple promised an upgrade, they'd be required to incur a liability on the books to account for their costs in doing the upgrade (and at that point, some of the development time WOULD be assignable to that). But they didn't promise an upgrade.

      As an Apple stockholder, how was I misled in any way as to the value of the company by Apple stating or not stating that their laptops were upgradeable to 11n if they incurred no liability to do that upgrade?

    21. Re:Because software features aren't accounted for. by mr_matticus · · Score: 1

      Because effective immediately at the time of the announcement, 802.11n was a disclosed feature. The new base stations are not yet shipping, so there is nothing retroactive or missing. All Macs shipped from now on (presumably) and all of the new AE base stations are n-capable. The announcement is made and all the features are disclosed. The Airport base station includes the enabler CD in its filings--each AE comes with the necessary "upgrades" needed for late-model Macs. Whether you use the CD or not, it is built in to the cost--just like everyone pays for the iTunes CD included with iPods (until recently when they stopped including CDs) regardless of whether they already have iTunes or not, and how the license fees for that crappy Intervideo WinDVR are built into TV cards even though everyone uses them with Media Center or MythTV.

      Any pissed off customers really should remember that the easiest and least headache-inducing thing for Apple to have done would have been to completely ignore all the Macs prior to the announcement of the .11n support, which would have avoided this entire situation altogether. The $5 and CD shipping thing ultimately is an inconvenience to Apple--it'll appear immediately on P2P networks and people will just borrow each other's discs. Apple's just dotting i's and crossing t's while the probe is underway. It would be much easier for them just to push a software update, and with the labor, postage, and manufacturing involved with these CDs, it's not exactly going to bring in a significant profit for them.

    22. Re:Because software features aren't accounted for. by Anonymous Coward · · Score: 0

      Doing so would be a "material misstatement" punishable by the PCAOB under Sarbanes-Oxley. By charging for the 'upgrade' they can file current accounting documents saying that the products were upgraded with new functionality.

      Fine, let's assume this is true. Then why isn't apple charging $0.01 instead of $4.99? If all they have to do is charge a fee, why not make it the smallest possible? Maybe because this is actually about making money and not S-O regulations?

    23. Re:Because software features aren't accounted for. by Bloke+down+the+pub · · Score: 1

      the regulators would look askance at the 'upgradeable' part, because that looks like an unfinished product.
      So if I buy a house without a pool & garage it isn't finished, because I might upgrade it by adding them later?

      did Apple just under-report the functionality listed in part A so it could push unfinished products out to consumers, record the revenue in this quarter's financial statements, jack up its stock price, then finish the product later?
      For five whole dollars? Pull the other one, it plays a tune.

      a volume discount that sets the price of 11 sandwiches equal to the price of 10
      It's nothing of the kind, a volume discount is usually given when you order a large quantity of goods at the same time.

      Still, what if I'm a regular at a restaurant and one day they give me a free bottle of wine? Was the meal I ate the the week before 'unfinished'?

      --
      It's true I tell you, feller at work's next door neighbour read it in the paper.
  67. Were you sold something you didn't get? by SeaFox · · Score: 1
    It seems a little silly that you have to pay for the patch, but what room does anyone have to complain about this?
    • Q. Were you sold a notebook from Apple promising 802.11n capability?
    • A. No. You bought a laptop that was sold as being 802.11g compatable, that happened to contain 802.11n capable hardware.

    • Q. Were you promised the update would be free?
    • A. No, you were not even promised there would be an "upgrade" patch. You assumed it would be a free software patch based solely on the fact the hardware was 802.11n capable.

    I'm reminded of all those people who bought "software-based" modems for their PCs under the marketed idea upgrading the modem would be as simple as downloading new software. Then the software-based upgrades for higher connection speeds never materialized, and to get a higher speed modem the consumer ended up having to buy a new modem, just like the people how bought modems with their own hardware controllers.

    The lesson: If you don't get it when you buy it, expect that it may not appear at all.
    1. Re:Were you sold something you didn't get? by bill_mcgonigle · · Score: 1

      Then the software-based upgrades for higher connection speeds never materialized, and to get a higher speed modem the consumer ended up having to buy a new modem, just like the people how bought modems with their own hardware controllers.

      Hey, I remember flashing my Supra Fax Modem every few months with better connections, new modulations, more stability, even a 28.8 to 33.6 upgrade. USR Courier modems had similar support.

      I guess these days the government is preventing companies from taking care of their customers like that.

      --
      My God, it's Full of Source!
      OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
    2. Re:Were you sold something you didn't get? by SeaFox · · Score: 1
      Hey, I remember flashing my Supra Fax Modem every few months with better connections, new modulations, more stability, even a 28.8 to 33.6 upgrade. USR Courier modems had similar support.


      Well, but the Supras were actual hardware modems with DSP's. You had a ROM to flash after all. I was referring to those cheap controllerless modems ("WinModems") that came with lots of cheap OEM PC's. Lots of the marketing ideas behind those was that they were less expensive (from fewer chips) and easily upgradeable since they were mostly software emulating the missing chips. But in reality they offered a lower quality connections, slowed down lower power processors, and never really lived up to their upgrade claims (the 33.6 to 56kbps jump).
    3. Re:Were you sold something you didn't get? by bill_mcgonigle · · Score: 1

      Oh, yeah, I was following you (and you're right) - I just felt like pointing out Supra and USR for doing things that Apple now claim SOX prevents.

      --
      My God, it's Full of Source!
      OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
    4. Re:Were you sold something you didn't get? by SeaFox · · Score: 1

      That modem upgrading stuff and the 56K standards war was a long time ago. Even the most recent version of the V.90 spec was approved Nov 2000.

      Wasn't SOX something that got passed in response to Enron? ;-)

    5. Re:Were you sold something you didn't get? by bill_mcgonigle · · Score: 1

      Yeah, that's what I meant by 'these days'.

      --
      My God, it's Full of Source!
      OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
    6. Re:Were you sold something you didn't get? by bnenning · · Score: 1

      but what room does anyone have to complain about this?

      I'm complaining because (assuming the story is accurate) it isn't Apple's decision. The government is forcing Apple to charge for something it would prefer to give away, in the name of "protecting" us, and that is asinine.

      --
      How to solve most of our problems: 1.Lots of nuclear plants. 2.Cure aging.
    7. Re:Were you sold something you didn't get? by SeaFox · · Score: 2, Interesting
      I'm complaining because (assuming the story is accurate) it isn't Apple's decision.

      The story is not accurate, at least in the sense that Apple's excuse is a valid one. The only way this could be considered "a feature of the product that was not delivered until a later time" would be if the laptops were advertised as having this feature to begin with, which they weren't. Nobody was sold these by Apple with the idea that 802.11n support would be forthcoming. Apple is just trying to deflect complainers.

      Given that all 802.11n setups are draft and proprietary at this time, the only way this card is going to be officially supported by Apple is if you're using one of the soon-to-be-released new Apple Airport Extreme base stations, which comes with the patch. So this paid update will only be useful to people who plan to get onto an Apple router but didn't buy it. And if you're in the position to get onto the router, you probably know the owner and can just get the patch from them. I somehow doubt they are going to be tracking these like Excel licenses.
  68. Paper thin indeed by DeadCatX2 · · Score: 1

    It doesn't add up. Apple bought and paid for a piece of silicon which can do draft-n. They put this piece of silicon in a motherboard and sold it as a computer to someone. Therefore, this someone bought draft-n hardware.

    The product is finished. The silicon is capable of draft-n. This is just $5 for a driver update.

    --
    :(){ :|:& };:
    1. Re:Paper thin indeed by Anonymous Coward · · Score: 0

      It matters not. The computer where silicon resides was advertised as 802.11 b/g. 802.11 n was never mentioned and customers got what they paid for as advertised: 802.11 b/g. They don't even know about 802.11 n chip inside. The finished product is 802.11 b/g capable, for all purposes. Case closed.

      Now, the problem is Apple can introduce new functionality of the hardware via driver. It opens a can of worm known as SOx. The driver update is not just a software update, but something that enables the hardware to do something wasn't advertised. So, if the driver is free, did Apple sell unfinished hardware and recognize the revenue anyway (big uh-oh!)? Or was the hardware finished, sold as advertised and was the revenue recognized properly? Now Apple needs to sell you something (read: new driver) for you to get a new capabilities which was not advertised before to comply with SOx.

    2. Re:Paper thin indeed by DeadCatX2 · · Score: 1
      802.11 n was never mentioned and customers got what they paid for as advertised: 802.11 b/g


      Uhm, no. The customer got MORE than they paid for - they got 802.11 b/g/draft-n, they are simply unaware of the draft-n part (and even that's a stretch since the Mac rumor sites tore the computers apart and knew about the draft-n abilities for a while now). If I take that chip out of there and put it in somewhere else, it's still a draft-n controller and I can use the draft-n capabilities. I don't care what the computer was advertised as, as long as it wasn't a lie. Facts are facts - Apple bought silicon, and when the customer purchased their computer they bought said silicon from Apple. The truth of the matter is that a customer bought something which had greater powers than advertised - and this is against the law...how?

      So if Apple advertised the n and it was not working, then released the patch, then yes they unfairly recognized revenue. That they didn't advertise it means that Apple had to take a hit by purchasing hardware that was above and beyond what was necessary and sold it as something less - taking a loss. I fail to see how eating the cost of superior hardware is unfairly recognizing revenue.

      I personally think their engineers weren't able to get draft-n up and running before the release date for the computers, so they left the controller in but disabled the draft-n part in software.

      Look up the Hercules Game Theater XP sound card. It was originally a 5.1 sound card. A driver update made it 6.1 by allowing one of the channels of the headphone to drive a speaker. Another driver update made it 7.1 by allowing both headphone channels to drive speakers. SOx wasn't used in that case. So are you telling me that Hercules unfairly recognized revenue on a 7.1 sound card by selling it as a 5.1 sound card and updating it later via firmware?
      --
      :(){ :|:& };:
    3. Re:Paper thin indeed by Anonymous Coward · · Score: 0

      Once again, it matters not. Customers may get more than what they paid for though they are unaware of this fact. For all purposes, customers think they get what they paid for (until it's made public that the chipset supports 802.11n) This part is not against the law. The transaction is complete. Revenue is recognized. Case closed. The fact that the driver is not ready due to the incompelete draft, buggy code, incompetent engineers or the dog ate the disk is irrelevant. The computer is advertised as 802.11 b/g capable, so don't expect a driver for the draft-n included. No one argues about this part.

      It's the next episode on enabling the draft-n capability that is confusing. Unlike a software only issue which is exempt from SOx, this is a software/hardware issue. So either Apple must say that they sold incomplete hardware and recognized the revenue and now sending the customers the last piece to complete the transaction or they say the transaction is complete. Customers are not conned and shareholder can breath a sigh of relieve. But if the transaction is complete, what is this last piece that enables 802.11n capability of the hardware? A new transaction needs to be made.

      As for the Hercules sound card example, who knows. SOx is arcane and complex. They may very well violate the law though customers won't complain about it. However, SEC may not jump into investigation over something so trivial. Apple, OTOH, is already in the SEC's microscope due to backdating option scandal. Any more shennanigans could be detrimental to the company. To me, it seems like Apple is in a big "cover your butt" pre-emptive mode.

    4. Re:Paper thin indeed by DeadCatX2 · · Score: 1

      I agree that they're covering their ass right now, but this is not a hardware/software issue. If it was a hardware issue, they would need to put a different circuit in there.

      The hardware, the silicon, the transistors...they are all set right now. This cannot and does not change the actual connections of transistors to each other. The piece that activates this is simply a software driver.

      To me, I look at the Bill Of Materials, and I see a draft-n controller. The cost of this draft-n controller goes into the cost of the computer. That the draft-n capabilities are not unlocked is why they can't advertise it, but Apple did buy draft-n silicon, and it will be in some Bill Of Materials somewhere, and that cost will be included in the cost to the consumer.

      Now, if Apple put down a b/g controller in their BOM, and then passed that cost on to the consumer, then I can see charging $5 to cover the cost of the higher performance controller.

      If Apple put down a b/g/n controller in their BOM, then they already recognized revenues from the n controller, whose cost is passed on to the consumer.

      So, either Apple charged you for the cost of the b/g/n controller and didn't give you firmware for it, or they didn't charge you for the b/g/n controller and instead put down a b/g controller in their BOM, in which case charging extra to activate the n controller makes sense, because they didn't recognize revenues from it. However, they could similarly just eat the difference in cost between b/g/n and b/g, and then they don't have to worry about recognizing revenue.

      I see this from a developer's perspective. There's a BOM somewhere, and it details how much stuff costs, and that total is used to come up with a cost to the consumer. And, to me, the customer buys the hardware and the software, regardless of what's advertised.

      --
      :(){ :|:& };:
  69. You Cheap Bastards by dr.badass · · Score: 1

    It's amazing how infuriated people can get over $5 when you're going to have to spend $100-$200 an 802.11n access point anyway.

    --
    Don't become a regular here -- you will become retarded.
    1. Re:You Cheap Bastards by timmarhy · · Score: 1

      it's because they are double dipping. dont' think that hardware came free. they are selling it to you twice you fucking idiot.

      --
      If you mod me down, I will become more powerful than you can imagine....
    2. Re:You Cheap Bastards by dr.badass · · Score: 1

      they are selling it to you twice

      They never claimed that the models they sold before would ever support 802.11n. If you bought b/g hardware expecting to get n support for free, you might want to adjust your sense of entitlement. No, you bought one thing (an AirPort adapter), and now they are offering another (the firmware to support 802.11n).

      --
      Don't become a regular here -- you will become retarded.
    3. Re:You Cheap Bastards by Mr2001 · · Score: 1

      If you bought b/g hardware expecting to get n support for free, you might want to adjust your sense of entitlement. It's not as if no one knew that hardware had 802.11n support. Even though Apple didn't advertise it, that was common knowledge, wasn't it? If you buy a piece of hardware, I'd say you're entitled to use it--even the parts that aren't advertised--without paying for it again.
      --
      Visual IRC: Fast. Powerful. Free.
    4. Re:You Cheap Bastards by Mistah+Blue · · Score: 1

      I don't think it was common knowledge. I didn't see it in the tech specs before or after buying a MacBook for my wife.

    5. Re:You Cheap Bastards by Anonymous Coward · · Score: 0

      > If you buy a piece of hardware, I'd say you're entitled to use it--even the parts that aren't advertised--without paying for it again.

      I'd agree you should be entitled to use the hardware how you wish but exactly how is for you to sort out. Write a driver. Attach a handle and use it as a hammer.

      If you got the functionality you were offered and paid for at the time, then you aren't entitled to have anyone give you more for free, although it would be nice if they did.

    6. Re:You Cheap Bastards by gnasher719 · · Score: 1

      '' It's not as if no one knew that hardware had 802.11n support. Even though Apple didn't advertise it, that was common knowledge, wasn't it? If you buy a piece of hardware, I'd say you're entitled to use it--even the parts that aren't advertised--without paying for it again. ''

      What if your Mac is broken, it is repaired under warranty by replacing the motherboard, and the new motherboard has hardware without 802.11n support?

      You didn't pay for that specific bit of hardware; you paid for a computer that does all the things it is advertised to do.
      And of course you are entitled to use it without paying again - if you can find someone who gives you a firmware upgrade for free.

    7. Re:You Cheap Bastards by dr.badass · · Score: 1

      Even though Apple didn't advertise it, that was common knowledge, wasn't it?

      No, and it wouldn't matter if it was.

      If you buy a piece of hardware, I'd say you're entitled to use it--even the parts that aren't advertised--without paying for it again.

      You're perfectly entitled to do what you please with it. You're just not entitled to get Apple's supported driver and firmware for free. You act as if the hardware is the only thing you need, and the only thing that costs any money to produce. You can't pretend that you're not getting anything in exchange for the $5.

      --
      Don't become a regular here -- you will become retarded.
  70. Free Windows! by Anonymous Coward · · Score: 0

    OBVIOUSLY this means Microsoft shouldn't charge us for Windows unless it's a full, complete, and perfect version, so free Windows!

  71. BS, probably not true.. by Anonymous Coward · · Score: 0

    As far as everyone claiming windows updates and such are just bugfixes and therefore different, I have the perfect analogy.

    IBM sells servers, rackmount, intel architecture. Some were sold when they released. They did not implement/support the 'PowerExecutive' stuff. Some of those have released free service processor firmware updates that enable that feature.

    It wasn't that it was broken at release time, it wasn't implemented at *all*. This is a fairly distinct feature that is provided via a completely free update.

    Now I'm not a big apple fan (I think they are mostly adequate, but overpriced products), but this seems a tad ludicrous, particularly since they have no official Apple statements, just anonymous Apple representatives.

    The other possibility posted on how SOX (much like ISO-9000) is a lot about proving you have documented processes and those processes are followed, and that Apple fubared their process and would end up having to not be able to officially provide it for free. It could be the case that the processes in place at the time of sale must be observed, I dunno, so if it was broken they may not be allowed to fix it...

  72. It's Not a Patch by reallocate · · Score: 1

    There's an obvious difference between adding a new feature and patching a bug.

    --
    -- Slashdot: When Public Access TV Says "No"
  73. Cancer by macdaddy · · Score: 1
    Ya know, the kind of companies that don't currently have auditors checking His Steveness for polyps.

    That's a poor choice of words. You do realize that Steve Jobs has pancreatic cancer, don't you?

    1. Re:Cancer by BandwidthHog · · Score: 1

      Yeah, good point. I was going for the “crawling up his ass” visual there. But isn’t he totally cured, or is he just in remission?

      --

      Quantum materiae materietur marmota monax si marmota monax materiam possit materiari?
    2. Re:Cancer by macdaddy · · Score: 1

      I'm not sure. I only heard about it recently myself. I heard that they removed the cancerous mass but that it was a pretty nasty type of cancer that usually doesn't come with a great survival rate. My grandfather died of pancreatic cancer. They're apparently being tight-lipped about he status.

  74. You know... by I+Like+Pudding · · Score: 1

    If they were blaming this on anything other than Sarbanes-Oxley or HIPAA, I wouldn't believe them.

  75. Four Whole Bucks?! by Morky · · Score: 1

    How will I feed my children?

  76. I don't get it. by BungeBash · · Score: 0

    Like my title says, I don't get this move. They sell a product as a whole with all possibilities for upgrades later, known. Plus, if they wanted to look at it as having to sell the individual parts/upgrades because of their accounting issues, couldn't they have sold the mac and listed 4.99 for accrued revenue and put it under an account payable which will later be paid off by the unlocking of the new feature rather than actually charging people the 4.99 later as a new expense?

  77. what douche bags by timmarhy · · Score: 1

    thats the lamest excuse i've ever heard in my life. companys add features with patches and updates all the time. make no mistake, you have already paid for that hardware, it wasn't free. they are double dipping on you. now watch all the fanboys try put some spin on it to make it seem like apple just a good company. WRONG THEIR JUST ASSHOLES

    --
    If you mod me down, I will become more powerful than you can imagine....
  78. Thats ok, you can just buy a Mac from anoth... by Anonymous Coward · · Score: 0

    ...another vendor... Oh wait, you can't.. I forgot that if you want a Mac, you have ZERO choice of hardware and software vendors. Sucks to be you I guess.

  79. I would call bullshit but... by Maxo-Texas · · Score: 1

    I deal with SOX daily and we do some crazy stuff to satisfy the rules.
    Some days I may spend my entire day on paperwork getting authorization to actually do work the next day.

    --
    She was like chocolate when she drank... semi-sweet at first and then increasingly bitter.
  80. Weak Excuse by jay2003 · · Score: 2, Interesting

    Apple was not obligated to provide updates to 802.11N so there is no revenue recognition issue. Everyone who bought the machine bought it under specs that said 802.11g. If Apple had claimed at the time the machines were sold that 802.11N would be enabled at a future date, then there would be an issue. Additionally, under this interpretation of SOX, Apple would have to hold back money on every sale of every piece of hardware as deferred revenue to pay for patches. Since Apple would already be holding back revenue as deferred revenue in case it needed to patch the drivers for security hole, it simply could used that money rather than charging users more. I think this SOX excuse is a smoke screen to justify grabbing an extra $5.

  81. Mac vs PC by Foodie · · Score: 1

    I can't wait to see the Mac vs PC ad version with this theme.

  82. Re:Mod parent up. The accounting rules do harm use by voidptr · · Score: 1

    Which is one of the advantages to a subscription service or maintenance contract. Instead of booking $100,000 in January for the product, you book $80,000 and record the remaining $20,000 over the next 12 months.

    Of course, nobody wants to do that for something like Windows or Office where you'd pay a yearly license without any real upgrades for years at a time, but it makes sense in a large corporate environment for some applications.

    --
    This .sig for unofficial government use only. Official use subject to $500 fine.
  83. Older commercial unixes did something similar by jc42 · · Score: 1

    A lot of unix systems back in the 1980s and early 90s did this sort of trick with their multi-user capability. The login program had a limit to the number of simultaneously logged-in users, usually 2. If you paid for an "upgrade", you'd get a patch that removed the limit. This patch consisted of changing one byte in one binary config file. Which byte wasn't documented, of course, and there were reports that it moved around in different releases to make it difficult for users to find it and tell others.

    I had a bit of fun with this when for various reasons, I wrote a new login program. The main motive was to add a lot of diagnostic capability, so you could learn why serial-port+modem connections to other systems were failing. I didn't include a login limit, and in several online discussions, I explained that this was because I didn't know where the login limit count was stored, but if the vendors or someone at AT&T would tell me where to find it, I'd be happy to add the "feature".

    I never heard from them. And a lot of people told me that they downloaded my program so they wouldn't have to pay several hundred dollars for the bogus "upgrade". I kept hoping that some company's lawyers would contact me and make some sort of claim about "hacking" their system. It would have been fun to post their letters online.

    Logins via serial port are now somewhat a dead issue, and I haven't used the program for years. And I haven't seen a unix system with a login limit for a while, either. I wonder why they gave up on it.

    There was also the similar trick that Microsoft has used to sell a "server" system. Their TCP code in some configurations limits the number of simultaneous TCP connections. This effectively prevents users from using apache, since it limits the number of simultaneous clients to a very low number. The get rid of the limit by "upgrading" to IIS server. Then, if you prefer, you can switch to apache, but they'll have your money and you'll be listed as a satisfied IIS customer in their sales stats. That was a few years ago; I wonder if they still do this? And has anyone found where the limit is stored?

    Lots of people have really wished there were some way to make this sort of crippling illegal. But I suppose there's no hope for that given the nature of most legislatures in this world.

    --
    Those who do study history are doomed to stand helplessly by while everyone else repeats it.
    1. Re:Older commercial unixes did something similar by geekoid · · Score: 1

      The uipgrade isn't bogus if the original liscense was for 2.

      Just because it is an easy change is besides the point.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
  84. Stupid slashdot users by Anonymous Coward · · Score: 0

    Someone says Apple is just like any other corporation and it's moderated Flamebait ? I'm sorry, but some people here are really, really naive (and as superficial as any blonde who thinks mode magazines are the most important things in the world).

    1. Re:Stupid slashdot users by BadERA · · Score: 1

      AMEN to that! (And I mean that in a totally non-religious way ... religion and fanboydom are too much the same ...)

      Steve Jobs+backdated options==APPLE IS JUST LIKE ANY OTHER CORPORATION

      If THAT isn't enough to prove the point, I don't know what is. I guess I might as well bring up sweatshops producing iPods while we're at it though ...

      --
      I am, therefore you think.
  85. Posturing by Anonymous Coward · · Score: 0

    I would bet Apple is just posturing. Congress is due to start hearings soon on the cost and consequences of SOX compliance and this will give Apple exactly the kind of ammo they and other large publicly traded companies want to bring to the table. They can point to it as a lose/lose for both Apple and Apple's customers by showing that it costs Apple more than $4.99 to provide this upgrade (which is probably accurate if the number of paid upgrades is small enough).

  86. SOX excuses are a crutch for Cx0 by Anonymous Coward · · Score: 0

    Using Sarbanes Oxley (SOX) as an excuse for various problems, seems to be a popular crutch for not remedying problematic situations. It's used by companies with weak legal deparments and CxOs (CEO, CIO, CTO...) that don't have enough guts to fix something when it's wrong. I work for an company where the IT department is always saying that something can't be done because of SOX.

    In this case, SOX is an excuse for greedy corporate types. They want to sell you something because they are greedy. They sugar coat it by saying that SOX requires it. Prime example of why I don't purchase Apple, Inc. crap.

  87. Yet again: industry will follow Apple by real+gumby · · Score: 1

    First it was SCSI.

    Then it was the consumer GUI OS.

    Then the 3.5" "floppy" disk.

    Then Firewire.

    Then USB.


    With the deniable "pay-per-patch" Apple introduces to the industry a new standard that soon all will follow!
  88. Apple's Marketing Genius by Anonymous Coward · · Score: 0

    Each and every post that attempts to justify Apple's actions is yet another example of the sheer marketing genius of Apple. Do not pretend for a second if EVERYTHING in this scenario was the the same except that the company pulling this bullshit was Microsoft instead of Apple that these macbois would not be screaming bloody hell.

  89. Its about shareholders, not customers by EmbeddedJanitor · · Score: 2, Insightful
    Sarbanes-Oxley is primarily there to protect the shareholders from companies not disclosing that they still owe their customers something (which is a debt against the payment you have received).

    Apple are trying to cover their tracks. If some shareholders want to hound Apple at some point for some less-than-stellar performance on Wall St, they could easily bring up the fact that Apple recognised this revenue too early and thus brough the profits forward a few quarters (meaning that profit that should have happened a few quarters later did not show up). If you had just bought Apple's shares you might have reason to be pissed.

    While the accounting is a drag, it is not that huge a deal. It only takes a few minutes to figure out a revenue realisation policy that you will use for a particular product. The real issue though is that many companies sell unfinished products and want to recognise revenue immediately. This makes for poor products and engineering: "Just ship it to get revenue this quarter. We'll fix it next quarter". Sarbanes-Oxley counters this which is good for product development.

    --
    Engineering is the art of compromise.
  90. Modding by Anonymous Coward · · Score: 0

    The modding is going crazy these days; just check out the modding at the top of the page versus the bottom. One liners are being modded full marks whereas down at the bottom decent comments are being ingnored. Who cares anymore.

  91. Not much $$$ now, but in the future? by TheGuano · · Score: 1

    It may be possible that Apple is trying to set precedent with this excuse. If enough people buy (i.e., not complain about paying for) the 802.11n enabler, then they can just blame SOX again when they charge $50 next year to "unlock" the 3G capabilities of the iPhone. Nobody's saying Apple doesn't have a right to charge for unlocking features. It's the claim that they're doing it because of SOX (meanwhile insulting the intelligence of anyone who has ever received a new feature from a free firmware update) that smells foul.

  92. accountants are brain dead by Anonymous Coward · · Score: 0

    really they are some of the the most stupid uncreative beasts to walk the planet.

    some twit accountant likely misinterpreted - this is stantard practice in the software industry - heck you could say it is an update to "keep in pace with natural technology progression" my bet is some idiot is going to get fired.

  93. Not So by ProfessionalCookie · · Score: 1

    [Calibrating...] Have you seen the price on the new iPods??

  94. But backdating stock options . . . by The+Second+Horseman · · Score: 1
    Hey, that's OK, right? Everyone's doing it. Well, maybe not, but the boss didn't know. Well, actually, he knew, but it wasn't his fault. Anyway, given that, it's going to be expensive for all the lawyers, and fines and so forth. So, Apple needs to charge everyone an extra $4.99. Ok? Of course, the SarbOx advice was probably as good as the stock option advice.


    SarbOx - the swiss army knife of lame corporate excuses.

  95. I wasn't charged for iPod gapless playback by theurge14 · · Score: 1

    Apple added this feature as an update with iTunes 7.

    Are we sure this charge for the 802.11n update is official from Apple? They do include it on the disc that comes with the new Airport Extreme. I don't see it available anywhere else yet, or mentioned anywhere else.

    1. Re:I wasn't charged for iPod gapless playback by Anonymous Coward · · Score: 0

      Actually, the iTunes update that enabled gapless playback was only for iTunes. Some models of the iPod support gapless playback but others do not (near the bottom). Now, an iTunes update probably enabled these features, but it was likely the update that let iTunes start supporting that specific iPod when it first came out anyways.

  96. Simple: Visa charges. by _KiTA_ · · Score: 1

    Ever been to a store that says "Due to the high cost of credit card transactions, we cannot accept them on totals under $5?"

    That's because Visa, MC, etc all charge for transferring money around. Sure, they could charge you $0.01, and end up paying $2 for the transfer to their accounts. Total profit: -1.99 USD.

    Per Downloader.

    Steve Jobs may be a lot of things, but a foolish businessman is not one of them.

  97. I Am not A CPA by martin_the_geek · · Score: 1

    I cannot see anything the SOX Act that would force Apple to do this — I have Section 404 attached to my cubicle partition — but then I am not an accountant or a lawyer (I do IT SOX). But I suppose it must be revenue-recognition, which is not SOX per se, it is accounting.

    --
    Regards, Martin IT: http://methodsupport.com Personal: http://thereisnoend.org
  98. Seems like the reverse of Enron by Anonymous Coward · · Score: 0

    I don't know diddly about SarbOx but I know that Enron didn't get in trouble by getting all the cash *first* and then providing services. They did the opposite, http://www.pkarchive.org/column/062802.html, the signed a contract, made an assumption about margins in their favor and booked year & years of revenue in that one quarter. If Apple want to take the cash flow now, *and* recognize the revenue now, the only problem is matching associated cost. But it seems like the service is already developed and there are no R&D expenses to amortize, just the rollout.
    I'd be suspicious that this is a red-herring from Apple.

  99. I'll pay by check... by Anonymous Coward · · Score: 0


    But of course, for Apple, I'll need to back date the check to October 2002.

  100. What about Xbox? by Corngood · · Score: 3, Insightful

    How is this different from Microsoft adding 1080p support to the 360 (for free)?

    1. Re:What about Xbox? by Herby+Sagues · · Score: 4, Insightful

      It is VERY different. Microsoft is baaad. Apple is gooood.

    2. Re:What about Xbox? by Anonymous Coward · · Score: 0

      Because Microsoft said they were going to add 1080p beforehand. Apple keeps their stuff secret until announcing it.

    3. Re:What about Xbox? by Shifuimam · · Score: 2, Interesting

      So, you're basically pointing out that Apple is able to scam more money out of their cultist followers by, instead of announcing upcoming features, hiding them from the public until another MacWorld conference or other event. Since they like to make such a big brouhaha over new features, they hide them, then release them, then charge their customers for the new features on existing, already-purchased hardware.

      That's not unethical at all.

      Is Apple going to be raising the prices of ALL their airport-extreme hardware an extra $5 or $10 to compensate for the N capability in newly shipped machines?

      --
      I'm a geek girl. Seriously.
    4. Re:What about Xbox? by elrous0 · · Score: 0
      I hope Apple keeps this up. The more Apple fanbois have to pay, the more I can laugh at them.

      -Eric

      --
      SJW: Someone who has run out of real oppression, and has to fake it.
  101. Enron as a precedent? by williambbertram · · Score: 1

    Using Enron as precedent to rip off customers. How funny. That's almost like using OJ as a precedent to murder someone.

  102. its not firmware by Anonymous Coward · · Score: 0

    Your premise is false -- it is not a firmware update. If your premise were true, users who install an 802.11g device driver to an Apple-Bootcamp-configured installation of XP on these machines would not have been able to establish 802.11g connections because all added was a device driver and they do not yet have the firmware update.

    Yet users found out months ago that a device driver was, indeed, all that was preventing establishment of 802.11g connections under OS X. So ... Apple is proposing to charge $5 for a device driver (a move which doesn't bother me a bit) and some representatives are claiming that SOX/SarBox requires Apple to charge for any new device driver (a blatently BS move that makes me quite upset as I see them nickel and diming me worse than Microsoft ever did if I want to transition from XP on my 4-month-old Mac Mini to OS X).

    1. Re:its not firmware by mr_matticus · · Score: 1

      No, it doesn't require anyone to charge for a device driver. It requires a company to charge for a substantial change to its hardware, regardless of what enables that functionality. 802.11n is not interoperable with the existing standard. It is a totally new feature from an objective standpoint. Driver updates don't provide new features--a driver update can't take an 802.11g card and turn it into an n-ready card; a driver update can't take a CD-ROM and make it a DVD-ROM. Specialized hardware is required for those things, and if that hardware was not reported, it cannot be advertised as such without filing the proper paperwork. In this case, because the product paperwork was already filed, the government regulator's perspective is that these products officially DO NOT have 802.11n hardware (in actuality, the capability is there; just as GeForce MX cards actually could be GF4s) There is no way to re-file the original specs and accounting disclosures. NEW documents must be filed, which requires money to move.

      What Apple should have done was reserve $5 from each machine in the beginning in order to prepare for this day, but they probably didn't know they had to disclose it in this way. Marketing, sales, legal, and management often don't meet on the same page.

    2. Re:its not firmware by tricorn · · Score: 1

      So how does charging $4.99 change it so it officially DOES have 802.11n hardware? Doesn't that really just prove that it had 802.11n hardware all along? Apple didn't advertise that it was 802.11n capable. I don't see why Apple can't charge what it actually costs them to provide the update (not including the development costs, as that doesn't increase simply because you distribute more copies; now, if they incurred additional development costs to support an older version of the chipset that isn't compatible with a newer one, I can see distributing that cost over the number of expected upgrades). Apple distributes lots of things for free, and accounts for what that costs them as "advertising", "customer goodwill", etc. There's no reason a nominal charge for such an upgrade couldn't be absorbed the same way, especially if it costs WAY more to charge for it than it costs to provide it for free.

    3. Re:its not firmware by mr_matticus · · Score: 1

      Because it generates a new filing. Keep in mind that this whole situation has nothing to do with reality as we know it. It has to do with what is printed in their records filed with federal agencies. In order to submit new accounting documents, they have to have money to report. The $4.99 can be disclosed to the proper agencies as a product upgrade which adds the following feature: 802.11n support. The government paperwork doesn't actually care how it's implemented, it's just about the face value of the statements on paper.

      It's a bureaucratic, not a technical trap. This is for accounting purposes, not for engineering purposes.

    4. Re:its not firmware by tricorn · · Score: 1

      So why don't they have to charge me when they upgrade iTunes to, say, support videos? There's no REAL reason why 802.11n chips need different hardware; one way to implement it (which would not be cost effective, but never mind that) would be to have very general software-defined radio hardware with the appropriate software to run it. How is that any different from releasing a new version of wireless authentication/encryption? It's wireless hardware, it currently does b/g. What it MIGHT do if you MIGHT offer new firmware is irrelevant, unless you promised the customer that you'd upgrade it when, say, the final standard comes out (in which case you do have a liability, to the tune of whatever it will cost to distribute that upgrade, and a portion of the expected development costs, and at that point you need to put that liability on the books to offset the revenue). But Apple didn't do that, they never said it would do 802.11n, so they have no liability. They still have to develop the capability for their future products, but given that there is virtually no cost to upgrade the older product, there's no reason they'd have to charge for it.

    5. Re:its not firmware by mr_matticus · · Score: 1

      iTunes is irrelevant; it's software. Only hardware requires detailed accounting--you don't buy the Edit menu and the Print button and assemble them, so no one cares. 802.11n does require different hardware; none of your .11g devices can be software-upgraded to .11n if they don't already have the hardware capability, so your technical premise is faulty.

      The fact of the matter is that 802.11n capability is a hardware feature, and more specifically a previously undisclosed one. In order to account for the apparent upgrade, they have to file new paperwork. They are releasing a product upgrade for $4.99 that adds a new, non-interoperable, previously unsupported feature: 802.11n support. If they didn't charge for it, they wouldn't be able to file the appropriate paperwork for PCAOB oversight and would have materially misstated their products, leaving them open to huge Sarbox penalties.

      Read the rest of the discussion if you can't see what that would be the case. Apple possibly could get away with not charging with enough wiggling and loophole-searching, but with the federal probe underway, it wouldn't be the smartest risk to take.

    6. Re:its not firmware by tricorn · · Score: 1

      But I didn't buy iTunes, I bought a computer. It had iTunes on it. Then iTunes got upgraded, giving my computer HARDWARE new capabilities. The driver/firmware is JUST SOFTWARE, there is no new hardware that they are sending you.

      If they "materially misstated" something, claiming that a software update changes the hardware capabilities isn't going to fix it. And how is it non-interoperable? It still works with 11b/g equipment. Being able to talk a new radio protocol is no different than being able to talk a new video protocol, new network protocol, new encryption method, new web browser capability. It's JUST SOFTWARE, that runs on HARDWARE. If they didn't send me new hardware, how can it be a hardware upgrade? Your claim that "none of your .11g devices can be software-upgraded to .11n if they don't already have the hardware capability" is a tautology.

      Hardware that includes firmware or software to run it ALWAYS has more capabilities than can possibly be disclosed. You're trying to claim that somehow there's something special about 802.11n, and that NOT saying their hardware COULD possibly do it is somehow misrepresenting something. It would be quite possible for someone to have hardware that COULD do a/b/g/n and a bunch of standards that haven't even been defined yet. If the only reason they're using it is to do b/g, how is it misrepresenting anything to not say that it COULD do other standards with the right firmware? How is that ANY different than loading new software onto your computer to make it do things it never did before?

      So what happens if I load new firmware, not from Apple, that "upgrades" my hardware? Whoa, Apple didn't sell me an upgrade and yet my hardware has an "apparent upgrade"? Am I now guilty of stealing from Apple?

      I also don't understand why you keep saying that you "have to charge money in order to file new paperwork". Why? If it doesn't cost you anything, why can't you put down "0.00"? Let's say that the current FCC regulations for such a device included a power limitation of radiated power (as, in fact, they do). Let's say that your hardware is capable of exceeding those limits (as, in fact, most do). Let's say the FCC changes the limits and after some testing of your hardware with new firmware, approves you releasing the new firmware to existing customers, increasing power output. Why the HELL would an accountant, the government (other than the FCC) or anyone else care? How is that ANY different from enabling a new encryption protocol (e.g. the various WPA protocols that have been added since WEP), or enabling some hardware that you weren't using?

      Another example: let's say standard power supplies include a timer circuit for timed turn-on. I'm just using it as a standard power supply, and I don't include any way to access the timer in the software, nor do I advertise that it will do that. A year later, someone comes up with the bright idea to include an automatic start-up/shut-down option (such as Macs actually do have). What demented logic would say that it would be illegal for them to allow people to upload that piece of SOFTWARE that sets the timer, on the strange basis that they didn't disclose at some point that the power supply had that feature in it?

    7. Re:its not firmware by mr_matticus · · Score: 1

      The fundamental problem you're stubbornly refusing to see is that according to the documents filed with the government, these computers DID NOT HAVE 802.11n hardware in them. In reality, they did, but from the perspective of the government, they had no capability for .11n, period. Going from zero 802.11n to full 802.11n capability is NOT possible with software alone. Because the hardware portion was not disclosed previously, it did not officially exist. Now, they can file these upgrades as adding a feature-- the reality that the 'upgrade' is merely software is irrelevant. From an accounting perspective, this $4.99 update adds both hardware and software support.

      Stop trying to look at this as anything other than a bureaucratic paperwork issue.

    8. Re:its not firmware by tricorn · · Score: 1

      WHAT documents do they file with "the government" that say "this computer can only do 802.11b/g", and what specific part of what law says that it's illegal to have not disclosed that it can be upgraded to 11n, but only if you later give away some free software? Where do I see these documents? Where does some law say that "it isn't possible to add 802.11n capability with software only", but if you charge $4.99 for some software and say it is a hardware upgrade, that's ok? What "generally accepted accounting principle" says that? And where do you get the idea that software doesn't need to be accounted for, only hardware? And why can't you give away a "hardware upgrade" for $0.00 if it doesn't actually cost you anything?

      A requirement that revenue received be offset by liabilities incurred as to future deliverables is certainly reasonable. I don't see how it can possibly apply to a product where there is no future liability because a future capability was never promised, particularly if delivering that future capability to a future product allows you to upgrade the old product at no cost.

    9. Re:its not firmware by mr_matticus · · Score: 1

      You'd have to make a FOIA request to see the documents, and you'd have to have some justification other than being curious. Just because it's a government filing doesn't mean it's a public filing.

      I never said software doesn't need to be accounted for. Software is accounted for in units. Individual software features ARE NOT ASSESSED in accounting documents. You report units. x copies of Photoshop; y copies of Acrobat OEM upgrade licenses. You do not report "added new feathered paintbrush" or "improved save dialog to allow for mobile devices." Hardware is naturally different: each screw, each IC, each display panel must be recognized in accounting documents. If you can't make that basic distinction on your own, there is no point in going any further.

      You can't give something away that you didn't report buying in the first place. Target can't give customers a free Cuisinart blade kit with each food processor if it never recorded having ordered or purchased the blades. In order to give something away, it must be something you possess. If you never recorded actually having it, you can't give it away; you must write it up as a purchase order, a receipt, and a shipment out to customers. They never recorded the n-hardware. They recorded b/g hardware being ordered, paid for (in full), and installed. Because they didn't reserve any of that price in their accounting documents, on paper, it looks like they wrote up their $1999 computer at $1999 (components plus gross margin). There was $0.00 remaining the way they filed it.

      Each company files their disclosures differently. As I indicated earlier, there's no standardized form like at the DMV. There are certain SEC filings and other IRS filings, but the full breadth of it is variable. If you want more specific information, you'll have to contact directly the relevant government agencies and/or Apple, since you clearly won't pay attention here.

    10. Re:its not firmware by tricorn · · Score: 1
      They never recorded the n-hardware. They recorded b/g hardware being ordered, paid for (in full), and installed. Because they didn't reserve any of that price in their accounting documents, on paper, it looks like they wrote up their $1999 computer at $1999 (components plus gross margin). There was $0.00 remaining the way they filed it.

      Oh, so YOU'VE seen their filings? Amazing, how'd you do it? What chipset did they claim they installed that couldn't do 11n? What line on what form said "b/g only"?

      So what law or CFR requires these filings you're talking about, full bill of materials for every single device manufactured, complete technical specifications that can't be changed unless the customer pays more, but, somehow, software is different, that you don't have to account for development costs, and thus can give upgrades away for free? I mean, software IS different, manufacturing costs are as close to zero as you can get if you distribute on-line, but even with hardware you still have to account for development costs, just like software, even if there aren't individual components that need to be tracked, paid for, and charged for with software.

      I would say that a company that doesn't know how much it cost to develop a specific feature in a product, whether it's a software-only or hardware feature, is not doing their accounting very well. How do they know that feature was worth developing? They SHOULD be accounting for how much it cost to "improve save dialog to allow for mobile devices".

      You can't give something away that you didn't report buying in the first place

      You didn't buy it, you created it. You paid for it by paying the salary of the developers that created it. Whether you release it to earlier customers, to whom you had NO obligation, makes NO accounting difference. If the product wasn't feature-complete when you sold it, charging $4.99 to make it feature complete sounds to me like consumer fraud. If you did sell it with a promise to upgrade it in the future, then absolutely, you should put a liability on the books to account for that future obligation (but charging $4.99 after the fact doesn't somehow excuse it).

      So let's say you sell a computer, with a 1-year warranty, for $2000; your best estimate is that you'll spend on average about $200 over the next year for each computer you sold to create and distribute software patches, do warranty repairs, do telephone support, etc. So, you set aside $200, and each quarter you retire $50 of that liability, recognizing it as income (against whatever it cost to actually provide the support). What do you do at the end of the year when it turns out that it actually cost $400 per computer sold to support them? As long as there was no fraud involved (the $200/year estimate can be reasonably justified), would there be any penalties? Or just a restatement of income for the earlier part of the year? How much of that information would you be sending to the government, and how much would only be going to your accountants and auditors?

    11. Re:its not firmware by Anonymous Coward · · Score: 0

      You don't need the disclosure statements to determine the course that creates this situation. Apple is not the first company to be bitten by this; it certainly is the most high-profile on this site. As someone with relevant experience in the field and in the practice of business law, I have offered details on the inner workings--information you are unable disprove or to refute.

      Back to the subject, what individuals spent time on is a company-internal accounting measure. If Joe Smith spent 47 hours working on a particular feature, it goes in his timesheet, his department annual/quarterly report, and on any applicable internal rolls. That doesn't have any impact on the final sale, because employees are salaried. If they sat around playing Solitaire, their salaries would still be built into the accounting disclosures. Further, Apple didn't build the wireless chipset; it bought them. This is just another in a very long line of inaccurate starting points for your responses, coupled with profound misunderstandings about corporate SOP. The product, as sold, was feature-complete as far as what was marketed. It was reported and filed as a b/g chipset, it was sold as a b/g chipset, and it works as a b/g chipset. (The company that sold it to Apple may certainly have reported it differently [i.e. more accurately].) The products, pending the installation of the forthcoming update, will be feature complete as b/g/n chipsets. This is, in effect, a new product feature (on paper). It is not something so trivial as a bug fix or a new resolution, or the ability to adjust input strength by increments of 1 instead of 5.

      Moreoever, the only way it would have been fraudulent would have been to report it as n-ready as you suggest, in which case it would have shipped the product lacking in that functionality (it can't be n-ready if it requires any additional components to function). Had they gone that route, they would have avoided the accounting snafu, but they would face equally stiff penalties for failing to meet their claimed specifications and for defrauding customers. Any course of action (other than pretending that the hardware was not n-capable and NEVER announcing otherwise or enabling the function) has serious drawbacks and legal pitfalls for Apple. The fact that they are bothering with it at all shows at least some dedication to their customers. The easiest thing for them would be to leave those hundreds of thousands of customers out in the cold, so Apple is clearly doing a Good Thing (TM). Whether or not that's a calculated PR move on their part making it worth the legal and regulatory manuevering is a different debate entirely.

      You've got nothing to offer of merit in this discussion at this point beyond thick-headed overshooting of every single point, so if you want the last word, take it. As for your final paragraph, there would be no penalties and no restatements. You would simply be $200 in the red because your guidance was off. You projected a cost of $200 and built that into your gross margin, and it turns out that it actually cost $400, diminishing or eliminating any net profit on the device.

  103. if that's the law by prk60091 · · Score: 1

    then the law is an ass (fyi iaal)

  104. yes,tested using DLink 1.02 802.11n driver in XP by Anonymous Coward · · Score: 0

    http://forums.macrumors.com/showthread.php?t=24561 7&page=3/

    Vista builds back in September also installed 802.11n drivers on these machines http://forums.macrumors.com/showthread.php?t=23697 2/

  105. Apple sure had joined the dark side by Kentokae · · Score: 1

    Apple seem alot more evil these days.

    --
    Mutated by Scientists.
  106. Now it all makes sense..... by Roskolnikov · · Score: 1

    I was fortunate enough to get my 17" C2D laptop as a warranty replacement for what was nearly a 3 year old 17" PB G4, so on one hand I am a very happy customer.

    I was pleasantly surprised when I loaded bootcamp and found out that I could load DLink N drivers and use the fully functional N-draft card.

    After using it for a bit I noticed a few problems with accessing my Airport Express; software update offered this:

    http://www.apple.com/support/downloads/airportupda te2006002.html

    I bit, ran the updater and didn't think much of it until I booted natively into my Windows environment, dude, wheres my N-spec card? the D-link drivers
    no longer seem to work, remove and reinstall fails but using the Apple (bootcamp) provided driver works.

    Sell the laptops with enabled cards cause your in a hurry to get them to market knowing that the N functionality requires drivers, discover that your users have figured
    it out, disable the N functionality in firmware with an *update* (Dec 13) wait a month and offer an *upgrade*

    It bothers me a bit, but only because it seemed to work previously and they disabled it; $5 is cheaper then buying an N spec card and replacing the
    one that came with it but I am pretty certain that Apple paid full price for the cards that went in to this laptop and they've realized full profit from those that bought them.

    So what gives? This logic suggests that every *new* feature in software should be paid for or its illegal, firmware *is* software.

    --
    Unix, an obscure operating system developed by bored researchers in an attempt to get a better game playing experience.
  107. Why not just make it cheap by GregPK · · Score: 1

    If they were serious they would just give you a credit of .01 on thier store by registering your product then sell the download update to you for .01. Then they would be in compliance with the law.

  108. SOX sucks by Anonymous Coward · · Score: 0

    SOX is Government BS. Its only a matter of time before a new congress decides it was a total waste of time and completely unenforcible, and gives up on it. Its government where government should not be...

  109. fixing performance isn't a new feature. by lpq · · Score: 1

    Any wireless performance that is less than optimal (less than wired equivalent?) can be considered a flaw. Thus RottenApple's claim that they need to charge for a "new feature" is complete and utter bull.

    RottenApple is going down faster and faster. They are well making up for lost time in the being "evil" department. Wanna take bets on how long they'll take to reach MS's level?

    If you look at evil "growth", RottenApple has MS beat hands-down. They just haven't had any product with large enough market share to really screw a large number of people (like their "Appletunes" DRM product)...

  110. Why cant they make it a membership subscription? by ashwinds · · Score: 1

    Instead of making it per download, they could offer a life time membership which would enable access to all patches of this nature in the future for $5. Problem solved once and for all..... unless of course they see it as a way to milk just a little bit more money (considering its not $1... I believe this could be the real reason)

  111. Re:Simple: Visa charges. by tepples · · Score: 1

    Visa, MC, etc all charge for transferring money around. Sure, they could charge you $0.01, and end up paying $2 for the transfer to their accounts. Total profit: -1.99 USD.

    Per Downloader. Then how does Apple make money on iTunes Store customers who only buy the occasional song?
  112. FASB 90-A and SOX are a lame excuse by wannasleep · · Score: 1

    This is a lame excuse.
    Here is the logic behind this: SOX punishes CEOs and CFOs for false financial statements. If we deliver something after the customer has paid, we can not recognize all the revenue when we receive the cash. Since we want to recognize the revenue right away because it boosts our earnings, we can't deliver you the update or else we will commit a fraud. Hence, we make you pay for it separately.
    The controversy started at the end of the '80s, early '90s, when Circuit City had to restate its earnings because of FASB 90-A that regulates accounting for extended warranties and service contracts. M$ used that rule to decrease earnings in the wake of the antitrust case by postponing recognition on Office sales and also built cookie jar reserves to smooth earnings.

  113. Come on.. by yoyhed · · Score: 2, Insightful

    Firstly, anyone owning a Core 2 Duo Mac (that paid for it themself) is not going to have trouble paying an extra $4.99 to enable state-of-the-art wireless technology. Hell, even someone with a minimum-wage job who got it as a gift could shell that out.

    Secondly, everyone's stance on this seems to be "extortion for extra profit". Please. Their reason sounds legitimate to me, but let's look at what Apple even has to gain from this:

    Currently, over 50 million people own an Apple product (I'm getting this from a quick Google search, and all the following numbers are just arbitrary guesses to prove my point). Let's say half of those are iPods. And of the 25 million computers, how many are the new Core 2 Duo mac? Let's say 1 million (that's being generous, I'm sure, as this is a higher-end model, correct?). And how many of the owners of these are going to need (or want) 802.11n? Let's say half. So 500,000 people at $5 a pop, 2.5 million dollars.

    And Apple is what, a multi-billion dollar company? Does everyone here really think they'd do something to upset their customers like this over 2.5 million dollars? I don't think so. They could simply raise the price of every computer $5 for the same effect, with less backlash.

    I realize these numbers are incredibly rough estimates, but my point is there's no way they're making enough money off this (with the bad press and all) for it to be some evil for-profit extortion.

    --
    WHO NEEDS SHIFT WHEN YOU HAVE CAPSLOCK/ DAMN1
  114. Licensing Fees? by WoTG · · Score: 1

    Perhaps (and I'm totally hand waving here), the difference between this software update and other bug fixes and software updates is that to get to 802.11n there are probably additional IP licenses required by Apple. I would assume that there are some new patent licenses required to achive the faster speeds in "n"... so it's hard for Apple to argue that this is part of a regular maintenance update.

  115. bundled in 10.5? by johnpaul191 · · Score: 1

    i asked this elsewhere too when this came up...... could the driver be in 10.5?

    this sounds like the G4 towers a few years ago. they shipped with the USB2.0 chipset, but not drivers. people started using some 3rd party drivers, but it was eventually included in the OS. how is that different? the USB ports worked 100% as USB1.0, but were USB2.0 capable.

    it sounds like a weird way to get not anywhere near $5 after all their costs are incurred. i understand the drivers not being included before, since it's really still draft-N and they would probably have to support why their draft-N stuff is not working right with other draft-N stuff. we are still something like a year away from the final 802.11N specs. draft2-N is due about now, right?

  116. So what you're saying is... by Jon.Laslow · · Score: 1

    ...you'd actually pay for Windows? ^_-

  117. This is Terrible, So... by GaryPatterson · · Score: 1

    I went to the Apple website to confirm this product was available before I posted one way or the other.

    No, not on the front page. Not in the store either. Not in the news section... Hmm...

    If there's no official Apple announcement, and the linked article doesn't name anyone from Apple, or link to any official document this seems like nothing more than a rumour.

    It may be completely true, and that's when I'll get irritated (before spending the few dollars plus buying all new routers, modems, etc for several hundred dollars more). Until there's some indication that it's a *real* thing, I'll suspend judgement.

  118. Re:Simple: Visa charges. by Duds · · Score: 1

    Big companies pay a %, not $2.

    Hell, it's not $2 for ANYONE.

  119. Apple Cooks the Books Once Again! by jhylkema · · Score: 1

    I'll probably get modded down by some fanboy jackass, but here goes.

    This is further proof that Apple, which does produce some excellent products (I'm the owner of several of them), is, at its core, an evil corporation. Steve Jobs is the subject of a criminal investigation for securities fraud relating to options backdating. In other words, billions weren't enough, he had to have trillions.

    1. Re:Apple Cooks the Books Once Again! by geekoid · · Score: 1

      1> Corporations are niether good not bad. They are a tool, no more, no less.

      2> Backdating was a normal practice that got reinterputted. Many companies found themselves in a tight position for doing standard practice. Apple qwas just 1 of many companies and only got noted because people are blinded by there desire to believe Apple is 'Evil'.

      Historically, Apple has been a much better corporate citizen then pretty much any other large corporation.

      I owned an Apple IIc back in the day, and now own an iPod mini. Not exactly fanboy material.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
  120. Only in the US? by Anonymous Coward · · Score: 0

    So, presumably it'll be a free patch in Europe where this Sabarnes Oxley gubbins doesn't apply?

  121. Sorry, I haven't seen one post that ... by OneSmartFellow · · Score: 1

    ... says what is obvious to me.

    Apple (ie: the minions working there) is afraid to make a decision about a overly complex, confusing, and burdensome law (SOX).

    Some knob-head plucked a silly idea out of his ass, and suggested that it might solve the problem, and since nobody dared shoot it down for the idiotic idea that it is, it made it through to policy.

    Such is the working of socialist capitalism. It will only get worse my friends.

    1. Re:Sorry, I haven't seen one post that ... by neimon · · Score: 1

      Very nice attempt to stuff your anti-humanistic worldview into something entirely not related. Bravo. *golf-clap*

    2. Re:Sorry, I haven't seen one post that ... by OneSmartFellow · · Score: 1

      anti-humanistic worldview

      And what exectly is it you object to about anti-humanism ? My explanation is a valid hypothesis based upon my experience working in a large corporation and trying to comply with SOX. If that is all that is required to make it 'anti-humanist' so be it, that's not much of a criticism.

      As for my worldview, I am actually a socialist capitalist, I just see room for improvement, like a little more onus upon the individual.

  122. This is just complete and utter BS! by IrquiM · · Score: 1

    Apple cannot complain this on SOX. And there is nothing in the revenue recognition requirements of US-GAAP that requires them to do this the way stated by the article!

    This has only, and I want to mention only again, to do with Apples internal controls.

    --
    This is blinging
  123. Yet another example by clickclickdrone · · Score: 1

    Of why most companies now think SOX was a mistake and it's costing more to implement it that it would ever have saved in additional costs from fraud etc.

    --
    I want a list of atrocities done in your name - Recoil
    1. Re:Yet another example by geekoid · · Score: 1

      At best, this is a very unique read on SOX.

      The CFO's I have worked with think over all SOX will do more good then harm. Right now it is forcing a lot of companies to fix their GLs.
      It is amazing how some of the private sectors keep their GLs.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    2. Re:Yet another example by clickclickdrone · · Score: 1

      I work in the finance sector and it's a very common view there both in the UK and abroad and has been much published as an increasing concern so no, it's not a unique view.

      --
      I want a list of atrocities done in your name - Recoil
  124. Apple doesn't make money on these customers by LKM · · Score: 1
    Then how does Apple make money on iTunes Store customers who only buy the occasional song?

    They don't. They lose money on these customers. They make it up on people who buy several songs at once, and I think they also try to put charges together, so you aren't charged for every single song when downloading several different songs during a short period of time.

    In the end, Apple doesn't make much money on the iTunes store, though. They make money on the iPods, and the iTunes stores is supposed to help selling these.

  125. BS? Greed? by caek · · Score: 1
    A few people have tagged this as BS or Greed. That's ludicrous. $5 x however many Core 2 Duo Macs Apple sold between last November and now (presumably they're enabling it before sale) is pocket change to Apple, and they must know this would generate bad publicity. The idea that they're doing this to help their bottom line is ludicrous.

    That said, this is a U.S. law. What about customers outside the U.S. Why should we be charged for this?

  126. Hmm. by neimon · · Score: 1

    By this argument, the savings inherent in not having to retool manufacturing to include the N-featured chipset that you're going to later announce and support could be considered unrealized income as well.

    On my planet, anyway. Your planet may vary.

  127. Congratulations Mr. Jobs by randolph · · Score: 1

    You have just jumped the shark. The investigation of Apple's questionable accounting practices probably has a lot to do with this.

  128. its the big brother feature stupid by IQ · · Score: 1

    They want to track who has this feature

    --
    Adults are obsolete children. - Dr. Seuss
  129. what about my non-mac core 2 duo? by capn_nemo · · Score: 1

    Given that the wireless card is built-in, and there are those of us who own core 2 duo laptops that aren't macintosh (but have the same hardward inside), one wonders if this upgrade is possible for us linux types? Anyone know the answer offhand?

  130. Simple Solution by CodeArtisan · · Score: 1

    "It's about accounting. Because of the Act, the company believes that if it sells a product, then later adds a feature to that product, it can be held liable for improper accounting if it recognizes revenue from the product at the time of sale, given that it hasn't finished delivering the product at that point." I do a lot of work with SOX (although mostly on the IT side), and while I have some question as to whether they would be dinged for this practice, there is a simple solution. Don't recognize the revenue at the time of sale. A little more complicated for the pencil pushers, but better PR for the organization.

    Now, about those backdated options Mr. Jobs....
  131. MS adds new features all the time, for FREE by elrous0 · · Score: 1
    In fact, MS just upgraded the Xbox 360 and Media Player 11 to allow us crazy Windows users to stream video from our computer to our Xboxes. In fact, if you own an Xbox or Windows machine, you'd see that cool new features get added all the time--at no charge. Guess it works differently in the Apple world.

    Maybe Apple should change their catchphrase from "It just works" to "It will work when you give us some more money."

    -Eric

    --
    SJW: Someone who has run out of real oppression, and has to fake it.
    1. Re:MS adds new features all the time, for FREE by reallocate · · Score: 1

      So has Apple.

      Don't mistake an attempt to explain as an attempt to defend. I suspect the $4.99 fee is barely enough to cover costs. So, if the story is actually true (a big if), Apple's choice makes sense to me. I'm pretty sure they are not worried about annoying Slashdot's audience. Apple, and MS, are convinced there's no market among people who consider closed commercial software to be a high crime.

      --
      -- Slashdot: When Public Access TV Says "No"
  132. Why can't I just buy it on iTunes? by RealGene · · Score: 1

    Apple has already mastered micropayments there, why not start adding this and other widgets for a buck?

    --
    Mission: To provide products that consume time and energy as entertainingly as permitted by the laws of thermodynamics.
  133. Just like NVidia? by Anonymous Coward · · Score: 0

    The workstation cards the same as the desktop but the software unlocks extra capabilities.

    It would explain why they won't open up the specs: they'd have to do so for both series of cards and then the penny would drop...

  134. Your argument is not supportable by meosborne · · Score: 1

    There has been *NO* hardware change. Apple is not going to modify or change the hardware of your mac in any way. The 802.11n support is enabled by a software change only.

    Using your logic, if Apple released a new (wired) ethernet driver that supported the new WHIZBANG protocol which allowed it to talk to previously unsupported gadgets they would have to charge for it as well. More generically, any new feature which provided new function for the hardware would have to be charged for as well.

  135. Re:Simple: Visa charges. by Anonymous Coward · · Score: 0

    In spite of what other replied, Apple made a deal with Visa to get lower prices than most retail stores can get.

  136. Off topic RE: your sig by BoberFett · · Score: 1

    "Atheism is a religion like not collecting stamps is a hobby."

    If somebody made a point of vigorously telling everyone they met that they didn't collect stamps, and tried to convince everyone they met who did collect stamps that they should stop collecting stamps, I would indeed call their not collecting stamps a hobby.

    It might sound witty, but it really just proves that atheism is a religion.

  137. ^^^ VERY INTERESTING ^^^ by CapnGib · · Score: 1

    Since Apple is calling this an accounting error, not a revenue grab, a rebate seems like a fair oportunity to NOT stick it to the customer.

    --
    Beauty is truly in the eye of the tiger
  138. Re:Simple: Visa charges. by tepples · · Score: 1

    Apple made a deal with Visa to get lower prices

    Then why can't Apple charge $0.99 for the AP firmware upgrade the same way it charges $0.99 for a single on iTunes Store? Why does it have to be five times as much if the charge is just for accounting purposes?

  139. Don't want to pay $4.99? by zobier · · Score: 1
    This capability can be unlocked via an update Apple distributes with the new AirPort Extreme Base Station.
    Buy an AirPort Extreme, unlock your wireless card and return the AirPort Extreme. But then you are going to need a .n base station so why not just upgrade to the AirPort Extreme?
    --
    Me lost me cookie at the disco.
  140. Paid upgrade by mjpaci · · Score: 1

    Remember, if you go and buy a new Airport Extreme base station, it will come with the enablers for you machine. The $4.99 fee is for enabling 802.11n functionality if and only if you don't purchase a new base station. I guess they somehow built the update price into the cost of the base station.

  141. jobs is a jobbie by tesaract · · Score: 1

    Marketing bull! Why is it $4.99 and not $0.01 if they feel they have to charge, the problem is Mac users are so doe-eyed they'll probably suck it up and be thankful! Let's face it they still charge for there sub-par e-mail accounts!

  142. Experts: Accounting rules cannot be blamed by RandomFlow · · Score: 1

    Apple's excuse of charging $1.99 for the software update to satisfy accounting rules is not credible, according to members of the Financial Accounting Standards Board. FASB writes the rules, known as GAAP, that Apple is eluding to. So there goes that excuse. See the full article on WSJ (Reg. required): http://online.wsj.com/article/SB116925153861582055 .html?mod=home_whats_news_us (Can someone find a free version of this story?)

  143. OSX Hidden Intel Interoperability by Anonymous Coward · · Score: 0

    OSX's hidden intel interoperability presents the same scenerio.