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Apple Wants Patents For Crippling Cellphones

theodp writes "Evil is in the eye of the beholder, but there's certainly not much to like in the newly-disclosed Apple patent applications for Systems and Methods for Provisioning Computing Devices. Provisioning, says Apple, allows carriers to 'specify access limitations to certain device resources which may otherwise be available to users of the device.' So what problem are we trying to solve here? 'Mobile devices often have capabilities that the carriers do not want utilized on their networks,' explains Apple. 'Various applications on these devices may also need to be restricted.'"

46 of 371 comments (clear)

  1. Confirmed by cabjf · · Score: 5, Funny

    This can only mean the iPhone is coming to Verizon!

    1. Re:Confirmed by ThisIsForReal · · Score: 5, Funny
      I can picture a scene of pure evil, years from now, when Apple begins suing cell phone makers once their patent has been granted.

      "Your cell phone sucks. It doesn't use all of its potential, so you are infringing on our patent and you owe us money."

      --
      -THE END-
    2. Re:Confirmed by 93+Escort+Wagon · · Score: 4, Insightful

      This can only mean the iPhone is coming to Verizon!

      Verizon was my first cellphone carrier. I can only guess your comment has been modded by non-customers of Verizon - otherwise you'd be at +5 insightful instead.

      Seriously, anyone else remember when Verizon FINALLY offered their first Bluetooth phone (V700 I think)? Almost all of the useful Bluetooth features were disabled - when pushed, Verizon claimed it was "for security purposes"; yet they conveniently offered those same features for an outrageous fee through their own silly program. That was when I switched to T-Mobile - they're not perfect by a long shot, but at least their not overtly hostile towards their customers. With T-Mobile I could... GASP... use Bluetooth to sync my Mac's addressbook with my phone! Move pictures to and from my phone! Do my own ringtones! What a concept...

      I've heard a lot of speculation about the iPhone going to Verizon next - I really hope it's not true. If anyone can kill the iPhone, it'll be Verizon. Hmm... I wonder if Microsoft has thought about that...

      --
      #DeleteChrome
    3. Re:Confirmed by clifyt · · Score: 3, Insightful

      "Almost all of the useful Bluetooth features were disabled - when pushed, Verizon claimed it was "for security purposes"; yet they conveniently offered those same features for an outrageous fee through their own silly program"

      I had the EXACT same thing through Sprint just before I canceled and switched to AT&T...but the worst part was, the phone had over the air updates, and while I paid cash for it -- I don't like these subsidized plans -- and I spent 2x what it would have cost in their store as it was unlocked, they were STILL able to disable all the features (and somehow lock the phone to their network), with the exception of bluetooth headsets...which I don't really like anyways (give me wired any day of the week...I like battery life).

      The worst part was that I bought this specifically for presentations so I could get a remote screen on the phone with the notes I needed, along with a remote control for the computer. $300 wasted. Sure, I was able to grab the firmware and reflash it, but the company would randomly update the phone again and there was little I could do about it except hope they didn't update it the night before a big presentation.

      I get pissy about my iPhone for just this reason, but at the same time, the limits Apple puts on it are FAR FAR FAR less than any company before it. When they make a bonehead moronic fucking move, I have to remind myself of Sprint....

    4. Re:Confirmed by cjb658 · · Score: 5, Funny

      I hope they get this patent. Then I won't have to deal with any of this crippleware B.S. anymore, as long as I don't buy a phone from Apple.

    5. Re:Confirmed by reidconti · · Score: 4, Insightful

      "Apple sucks" and "Apple worse than Microsoft" = guaranteed mod points.

      So how is Apple worse than Microsoft exactly?

      I think we're only hearing this from people who weren't alive during the 90s.

  2. In other news... by Kirin+Fenrir · · Score: 4, Funny

    All iPhones will now play the Imperial March on startup.

    --
    Caffeine is my anti-drug!

    Duranin - A NWN2 Roleplaying Persistent World
    1. Re:In other news... by kenj0418 · · Score: 5, Funny

      ... will now play the Imperial March ....

      My phone does that now -- but only when my ex-wife calls.

    2. Re:In other news... by qazxswedc · · Score: 3, Funny

      Ex?! Mine plays that for my current wife.

  3. That is hardly news by warp_kez · · Score: 5, Funny

    When most phones, including the iPhone, come into contact with anything Apple, they become crippled.

    At least we can officially call it: The Apple Effect.

  4. "defectivebydesign" by Nemyst · · Score: 5, Insightful

    This tag has never been more appropriate...

  5. Leave Apple Alone! by cjfs · · Score: 5, Funny

    They're just patenting this defect so they can sue anyone that would try to harm us.

  6. Re:Not defective by design by cjfs · · Score: 4, Insightful

    restriction of features doesn't seem very patentable

    Haven't been around the patent office lately, have you?

  7. ridiculous... but good by jipn4 · · Score: 5, Insightful

    Apple and any inventor should be ashamed to put their name on such a crappy patent; there is not a bit on an idea in there.

    However, if this serves to keep others from implementing carrier-based restrictions, I'm all for it: implementing this is going to hurt Apple and help everybody else.

    1. Re:ridiculous... but good by LordKronos · · Score: 3, Informative

      However, if this serves to keep others from implementing carrier-based restrictions, I'm all for it: implementing this is going to hurt Apple and help everybody else.

      That was exactly my first thought. However, you know it's not going to go down like that, because everyone else is going to want the feature. Instead, all the phones will end up with the feature anyway, and you'll just pay more for Apple's licensing fee.

  8. Are They Really Unable to Cap You? by eldavojohn · · Score: 3, Insightful

    The patent component of this news aside, we've seen iPhones turned into web servers, iPhones running PHP and Apache and even playing reduced frame rate WoW on your iPhone. So, when we saw these articles it is easily suspected that they could be an abuse to the network. But how could an Apache server on my iPhone be anymore of an abuse than an Apache server on my home computer connected to Comcast? I mean, the networks are probably different but can't they institute a cap and just let my phone slow to a crawl due to limited bandwidth while everyone else doesn't even notice my usage? Are the cell phone networks really that helpless in that they cannot cap usages on cell phones?

    Either there's something about the potential abuse of cell phones on networks or Apple just wants another patent. Probably both.

    All I ask of Apple (or anyone really) is that -- if they implement this patent on a phone -- they advertise this "feature" and stay true to the numbers of what you can expect out of your potentially crippled device. My biggest problem with my ISP is that they flat out lie to me about what I'm paying for. When I see things like "unlimited data plan" on cell phones I can only laugh ...

    --
    My work here is dung.
    1. Re:Are They Really Unable to Cap You? by FireFury03 · · Score: 3, Informative

      No they can't. There's no way the network can prevent your phone from sending as much data as it wants. It can refuse to pass all of that data on to the internet, but by then it's too late, your phone has already taken up the wireless bandwidth. The only way to throttle your iPhone's "upload" usage is to put software on the iPhone that does it. They can throttle your download usage, but that would have little effect on a web server app.

      Umm... Since the radio bandwidth allocation is mediated by the network, not the phone, there is nothing stopping the network simply not giving you that bandwidth. For example, in WCDMA the network hands out one or more PRNs to the device on the fly, to meet the device's bandwidth demands. The more PRNs you have allocated to you, the more bandwidth you get. Of course, the more devices there are wanting to use bandwidth, the more thinly those PRNs are spread between them. So if you have a misbehaving device, the network can simply stop allocating (as many) PRNs to it. Of course, whether they have the infrastructure in place to exercise this amount of control over the network is another question, but from a technical standpoint there is no reason why they can't do this.

      So sure, the network can't ask your IP stack to stop chucking out UDP packets (or various other protocols) as fast, but it can throttle you in the data link layer.

      As far as your web server example goes, that _is_ trivial to throttle at the IP level anywhere along the route - start chucking away a proportion of the TCP packets and the TCP stack will throttle back the transfer rate.

  9. Re:Not defective by design by iangoldby · · Score: 4, Insightful

    Operators have a hard limit on the amount of service they can actually provision. Allowing any and all devices to run willy nilly on the network would be certain death, even for the best-laid network.

    Or alternatively, why not use an appropriate charging structure, so that it becomes prohibitively expensive for the end user to consume excessive resources? And use the extra revenue earned from those users who are willing to pay for large consumption to increase the capacity.

  10. Maybe I'm paranoid, but... by agorist_apostle · · Score: 4, Insightful

    ...does anyone else ever get the feeling that there is a whole cabal of businesses, government organizations, etc, out there just trying to manage the piss out of them? Managed content, managed hardware, managed media...there is too much management...

    1. Re:Maybe I'm paranoid, but... by MickyTheIdiot · · Score: 5, Insightful

      The secret no one is supposed to talk about is that "management" is where all the money is going. Whether it is government, health care, education, telecommunications, insurance... you name it. All the money is going to the middle men who don't know how do anything but push papers and write contracts. There is no value added by these people at all. The health care industry is just full of people working in "business" areas. When I lived in Indianapolis an office I went to when I was sick had I think 3 doctors and about 12 people working in the office in various positions. Health insurance companies are chock full of people who know almost nothing but are making huge checks. Public school districts have huge multi-story "administration" buildings full of people who don't teach. That's where all the money is going... start hiring people who actually know some stuff and actually contribute to the bottom line and we'll start to move in the right direction again.

    2. Re:Maybe I'm paranoid, but... by c_forq · · Score: 3, Interesting

      The problem is that in most cases these people are essential. They know something, just not in the field they are working in. I know a person who worked in one of those school administrative offices, they were paid more than any teacher in the district - but they brought over 2 million dollars into the district. Knowing how to write and win grants is very valuable. Likewise with hospitals, knowing how to make a treatment covered by medicare, and having knowledge of the multitude of forms out there (both government and insurance) is very valuable. Maybe it shouldn't be, but there also shouldn't be the Darfur situation and abject poverty in the US, but there is.

      --
      Computers allow humans to make mistakes at the fastest speeds known, with the possible exception of tequila and handguns
  11. Differentiation is good by axlrosen · · Score: 3, Interesting

    If you don't like a company crippling a product, what are the alternatives?

    Well, one alternative is that the company couple sell different physical products with the different capabilities. Of course, that would increase costs, so both the crippled and uncrippled versions would cost more.

    Or, the company could only sell uncrippled hardware. Now, what price would they sell it for? They certainly can't sell it for the lower price of a crippled product, because they'd lose money. So now you've lost the choice between a lower-price/lower-featured product, and a higher-price/higher-featured product. In other words, richer people win, poorer people lose.

    So we should recognize that there's a benefit to being able to sell different sets of features to different consumers. More people get what they want at a price they can afford.

  12. Wait a minute... by Chris+Mattern · · Score: 3, Funny

    If Apple successfully patents this, it'll be harder for other people to do it. Why is this bad, again?

  13. Re:Not defective by design by ground.zero.612 · · Score: 5, Insightful

    This story is tagged "defectivebydesign", but what Apple wants to do is anything but.

    Operators have a hard limit on the amount of service they can actually provision. Allowing any and all devices to run willy nilly on the network would be certain death, even for the best-laid network. By throttling certain services, turning off certain capabilities, and allowing remote provisioning management, Apple is making sure that the device they are providing to users will work and continue to work on the network.

    This is a very important feature not only for the NOs, but also for businesses who would provide these phones to their field teams. Though, to be honest, restriction of features doesn't seem very patentable, at least there are other implementations that already exist. WinMo has had this since WM6.1, for example.

    You don't seem to understand the flawed business model that communications providers have been running with since the beginning. They never had enough capacity for their customers. They could, but they need to pay their CEO's $20M bonuses instead of grow their infrastructure. So as it stands today, there just isn't enough network for us, which is why when there are city/county/state-wide emergencies many calls do not go through.

    The only analogy I've been able to come up with that paints a good picture about why it's such a flawed model is what I call the Coca-Cola Principle. If Coca-Cola was suddenly able to reclaim the soda in the can I just purchased before it hit my lips, they could in effect resell my can of Coke before I could even drink it. This is exactly what every single communications provider has done. Comcast (unfortunately my home ISP) is perhaps one of the worst offenders of this. Having resold the bandwidth I paid for multiple hundreds of times. Eventually instead of providing me with what I have been paying for (unlimited broadband, as in no bandwidth cap), they reneged on their deal and put in a hard cap of 250gb/mo.

    You sound a lot like a corporatist to me. Oh noes those poor Network Operators need to cripple us to continue to be able to oversell their product/service. Well, what I say is, shitcan the CEOs taking these ridiculous sums of money and grow your infrastructure to meet YOUR promises as well as the economic DEMAND.

    --
    "Be prepared, son. That's my motto. Be prepared." --Joe Hallenbeck
  14. Great! by patrickthbold · · Score: 5, Insightful

    So if I want a phone that isn't crippled, all's I have to do is not buy an iphone? GO PATENTS!

  15. Re:It is actually good for Apple PR by MickyTheIdiot · · Score: 3, Insightful

    The parent post would actually make sense if Apple and AT&T didn't enforce a false monopoly on the market. This is another reason that exclusivity deals should be illegal.

  16. So it's DRM... ON A CELLPHONE by russotto · · Score: 3, Funny

    Is "ON A CELLPHONE" the new "ON THE INTERNET"? A quick glance over the claims reveals nothing that hasn't been done with DRM before in other settings.

  17. Re:Not defective by design by c0d3g33k · · Score: 5, Insightful

    Wow - didn't take long for the apologists to come out of the woodwork. Here's what I'd like to see instead: A balanced comment that takes into consideration the needs of BOTH parties in a transaction/business relationship/whatever, rather than just the point of view of the party with the most power. I think we (i.e. "reasonable people") understand that one-sided relationships that favor one party over the other aren't optimal in a civilized society. But I can't quite understand the psychology behind those that rapidly spring to the defense of the powerful. Unless you're working for them and will directly benefit from maintaining or adding further imbalance to the status quo, WHY?

    In your particular example, I would counter that the real reason for crippling devices has much more to do with control for the purpose of maximizing income than control for technical reasons. The fear isn't that willy-nilly allowance of device capabilities will bring down the network, it's that it will allow customers to create their own solutions rather than paying a lucrative monthly fee for the officially sanctioned service that optimizes monetization of the service rather than optimizing the ability of people to do what they need/want to do. Use of the term "crippling" isn't accidental - it's an accurate description of what is being done.

  18. Re:Not defective by design by Aim+Here · · Score: 4, Funny

    The only analogy I've been able to come up with that paints a good picture about why it's such a flawed model is what I call the Coca-Cola Principle....

    No good! Don't understand! Your analogy has no cars!

  19. WTF? by C_Kode · · Score: 3, Insightful

    Man, I hate Micros... err Apple. Actually, I think I just hate Steve Jobs. Most of Apple's fascist type behavior appears to be coming from him.

  20. Re:Not defective by design by Anonymous Coward · · Score: 3, Informative

    My last phone from T-Mobile is hardware capable of MP3 playback and ringtones. It is however flashed with T-Mobile firmware locking those features out *unless* the ringtone in question is purchased from T-Mobile.

    This has nothing whatsoever with them provisioning services and everything to do with them wanting me to pay extra for permission to use my own music files or pay extra for permission to use their music files.

  21. Re:Queue Verizon talk in... by bytethese · · Score: 3, Funny

    BTW, I meant queue as in "everyone is lining up to comment about Verizon" but thanks for knowing what I meant. :)

  22. Re:Not defective by design by multisync · · Score: 4, Funny

    Now that's a good business idea.

    Let's patent it!

    --
    I don't care why you're posting AC
  23. Re:Not defective by design by bluefoxlucid · · Score: 4, Interesting

    $18M is pocket change. A few million dollars doesn't solve anything; how about you stop buying the occasional order-out pizza, because $18 for a meal one night a month is outrageous when you could make some chicken soup to last the family a whole week for twice as much (making it $5 instead of $18)! That whole $216/year saved is MASSIVE!

  24. as in Europe by spectrokid · · Score: 4, Insightful

    you are absolutely right. That is why in Europe, where phones are not restricted, not a single Carrier has survived today. Oh wait... try again
    you are absolutely right. If users were to use their USB cable to install a free ringtone, this would totally overload the network. Oh wait... mmm; bollocks

    --

    10 ?"Hello World" life was simple then

  25. Re:Not defective by design by CaptainZapp · · Score: 5, Insightful
    Can you then explain why, in Europe, I can chuck any SIM into any (not SIM locked) GSM device and it just bloody works?

    This phone crippling crap is performed by US carriers mostly in order to maximize their profits and there are no technical reasons whatsoever to restrict any capabilities of a certified GSM phone.

    Like it or not: A phone, which is crippled by design, like the iPhone, is defective by design.

    --
    ich bin der musikant

    mit taschenrechner in der hand

    kraftwerk

  26. Re:Queue Verizon talk in... by TaggartAleslayer · · Score: 4, Funny

    Nice save there chief. Real smooth and entirely believable. O_o

  27. Not free=flawed? by Savior_on_a_Stick · · Score: 4, Interesting

    You don't seem to understand the flawed business model that communications providers have been running with since the beginning.

    The business model since the beginning has been to build networks with business users in mind, and then selling unused capacity to consumers at bargain rates.

    At one time, a buck a minute was normal, and for business users, still a bargain compared to the "mobile phone" that Perry Mason used.

    Since the networks grew at an amazing rate, eventually reducing costs to commodity levels, that model was hardly flawed.

    They never had enough capacity for their customers.

    There have always been areas where use has jumped fast enough to outstrip network expansion.
    If you mean network resources have never been unlimited, I'll grant you that.

    So as it stands today, there just isn't enough network for us, which is why when there are city/county/state-wide emergencies many calls do not go through.

    YOUR calls don't go through - the important ones do.
    That's by design.
    Cell operators are required by Federal law to interrupt consumer cell service to prevent the network becoming unavailable to emergency responders.

    Comcast (unfortunately my home ISP) is perhaps one of the worst offenders of this. Having resold the bandwidth I paid for multiple hundreds of times. Eventually instead of providing me with what I have been paying for (unlimited broadband, as in no bandwidth cap), they reneged on their deal and put in a hard cap of 250gb/mo.

    So...what you are saying is that your monthly charge should cover 25 terabytes of transfer or more?

    The fact of the matter is that you didn't buy ALL their bandwidth - they aren't reselling YOUR bandwidth - that's pure rubbish.

    The question is how to strike a balance between use and cost.

    There is a certain cost per byte that has to be recovered, or no one gets to play.

    I probably come pretty close to the cap at times, but have never heard anything from Comcast.
    On my business accounts, I shatter that barrier every month - that's why I have business accounts that aren't subject to it.

    You should stop whining and do the same.

    Comcast COULD have simply limited your speed so that you couldn't exceed the cap.
    It would still be unlimited.

    That was rejected as a bad compromise for obvious reasons - most people don't use bandwidth at a sustained high rate.

  28. Re:Not defective by design by koiransuklaa · · Score: 4, Insightful

    This reasoning just doesn't hold. Some netbooks already have 3G chips, I bet that will be a standard feature in all mobile computers in the near future. The result of this is that the network operators cannot control the clients.

    It should be blindingly obvious to anyone that the network has to cope with rogue devices. Assuming that wireless clients are all well-behaved is a phenomenally stupid idea.

    The "we're only protecting the user from excess charges" idea might hold water if the same companies weren't happy to send you insane roaming charges...

  29. Re:Not defective by design by Theaetetus · · Score: 3, Insightful

    You don't seem to understand the flawed business model that communications providers have been running with since the beginning. They never had enough capacity for their customers. They could, but they need to pay their CEO's $20M bonuses instead of grow their infrastructure. So as it stands today, there just isn't enough network for us, which is why when there are city/county/state-wide emergencies many calls do not go through.

    That's not a flawed business model. You can meet 90% of your customer's needs for X dollars, and 99% of your customer's needs for 10X dollars, and 99.9% of your customer's needs for 100X dollars, and 99.99% of your customer's needs for 1000X dollars... see the problem? Increasing capacity to a point where you can fully satisfy state-wide emergencies is incredibly expensive, and leaves half of the network unused at regular times. That is a flawed business model, which is why it's not done by any infrastructure provider - there are brownouts in summer heat waves, there are water shortages in droughts, there are network shortages in emergencies, etc. This is the trade-off we make in exchange for not having $5000/month cell phone bills.

  30. Oversubscription by wonkavader · · Score: 3, Insightful

    OK, he's wrong and you're wrong.

    Oversubscription is a great and fine thing and keeps costs low and therefore costs to the customers low. Most of the time, providing enough service that everyone could use everything all at once (electricity, phones, water, etc) would mean building out a ridiculous level, and create fantastic waste 99.999% of the time.

    Every business oversubscribes in some way. You allow your tenant to throw parties, but don't expand the roof to cover the infinitely number of guests he might invite: so you're an evil coca cola stealing bastard?

    The problem is not over subscription -- it's the fact that it's hidden/lied about. The fact that an apartment can only hold a finite number of guests and yet there's no statement in your lease restricting the number of guests your tenant can invite to a party isn't really a problem. The lease doesn't tell him he can invite an unlimited number of people. It doesn't tell him he can invite 1000/hour all the time and so can all his guests.

    The phone companies tell us we can have unlimited bandwidth or a high amount. Then they can't provide it. That's breach of contract and fraud.

    Your last lines are getting close to the heart of the matter: "shitcan the CEOs taking these ridiculous sums of money and grow your infrastructure to meet YOUR promises as well as the economic DEMAND."

    But you're missing the point. They're committing fraud and breaking contracts. They should not lose their jobs -- that hardly matters. The companies should be sued and prosecuted for the civil and criminal aspects of this. The officers of the company should be held responsible. They should be both destitute and jailed.

    The fault, dear Brutus, is not our telephone system, but in our political/judicial system that we are kept underlings. And in ourselves, that we are unable to force a government "of the people, by the people, for the people" to stop representing only RICH people.

  31. Re:Not defective by design by gmack · · Score: 3, Interesting

    Congratulations your right on the money. My last phone from Telus disabled file transfers over USB meaning that pictures taken on the phone had to be emailed to me for a fee rather than just transferred for free. Thankfully Bitpim fixed that for me with the Motorola equivalent of a registry change. This isn't at all about reducing use of resources, it's about maximizing the use of resources that the phone company can bill you for.

  32. Re:Compete with Apple if you do not like it by ZekoMal · · Score: 3, Insightful

    Hey folks, you all have a path open to you if you don't like the way Apple and AT&T manage the IPhone. Simply design, build, market, and sell a competing phone and service that is as popular as the IPhone. What's holding you back?

    Yeah, you're right! I'll just use my millions of dollars and my full team of dedicated programmers as well as my factories and create an entirely new phone that doesn't go against any of the hundreds of patents while being competitively priced, then pour hundreds of thousands of dollars into advertising to get as much known about my phone as possible, then either find an existing company that has cell phone towers up that agree with our methods (not gonna happen) or build our own cell phone towers so we don't have to pay for the privilege to be screwed over whilst jumping through dozens of government hoops!

    Wow, it'll be so easy!

  33. Crippling phones? by jDeepbeep · · Score: 4, Funny

    There's an app for that.

    --
    Reply to That ||
  34. Re:Not defective by design by FireFury03 · · Score: 4, Insightful

    telecoms operators have always tried to maintain a tight grip on what devices can connect to their networks.

    No. US telecoms operators have always tried to maintain a tight grip on what can be connected to their networks. This is not the case elsewhere in the world (although it is notable that with the advent of the iPhone, operators elsewhere in the world are starting to embrace anti-consumer ideas such as device-exclusivity contracts and refusal to unlock off-contract devices - one can only hope that the regulators get their finger out and put a stop to this).

    And I think they are right to do so, allowing unrestricted software access to their network infrastructure might well be disastrous. Most computers have to connect via a modem, but the iPhone is the modem, so allowing software to access the hardware directly would remove this layer of abstraction and security.

    You clearly don't understand how mobile phones are architected. A smartphone is basically a palmtop computer and a GSM/WCDMA modem in the same box. The computer part of it is _not_ (logically) the same device as the radiomodem, any more than a computer with a built in modem is. The "computer" side of a smartphone generally talks to the radio side through an interface that basically behaves like a serial port - i.e. it is controlled by standard AT commands.

    Allowing a smartphone to run arbitrary software is no more a security risk than allowing a computer with a 3G dongle to run arbitrary software because the logical separation between the computer and the radio is still there.

    We have rules about the capabilities of devices that can run on our roads, this is not much different.

    Last time I checked, there were no laws that claim your car is unfit to be used on the road if you're using a third party stereo, or if you're using BP petrol instead of Shell. But these sorts of things are essentially what a lot of the restrictions are all about. Placing restrictions on what the _radio_ part of the phone is allowed to do is fair enough, but placing restrictions on what the user can do with the computer part of a device isn't acceptable to a lot of people.

  35. Re:Queue Verizon talk in... by Anonymous Coward · · Score: 3, Funny

    You guys are dorks