Why Apple Needs To Expand Public Beta Programs To All Device OS’s

iOS 11 has highlighted one very important issue, BETA TESTING!

For years we have gotten used to iOS and macOS both just working as consumers, in fact that was Steve Job’s Mantra “It Just Works”. iOS 11 is the first time that the OS has suffered so many glaring bugs at launch and been reported through media.

The trouble is we now have expanded beta programs for almost all iOS devices and for all macOS devices. The biggest issue though is that developers only care about issues that affect them, they only want their apps to work and that is their focus. They don’t really care about the OS and the bugs and really only test what they need to. The first year or two of public beta on iOS had a more focused audience and more people reported bugs or actively looked for them. These days I get the feeling that most of those using or abusing the developer beta, yeah journalists we know who you are and yeah we know those outlets that add members of the public to their developer account at $15 a go so that those members of the public can access the beta system earlier than others and making a tidy profit out of it.

The issue with developer beta program is that developers are not focused on finding bugs and 99% of the Public that participate in the public beta program don’t look for or report bugs unless it is annoying and glaring enough to drive them to report it.

A perfect example is the calculator app that many tech journalists (all professed to have been on the developer beta program) decried that the iOS calculator app had a blatant glaring obvious bug, yet none had seen this bug until after the OS was launched to the general public. Developers never seemed to have spotted it or chose to not care about it and the majority of public beta tests obviously didn’t spot it or decided they didn’t care about taking the time to report it.

I admit I never spotted it, though I forget there is a calculator app and sit working out calculations on paper instead but obviously there had to have been some beta testers using and having issues with the app since millions of people dictate that someone relies on the app and if they isn’t then maybe we don’t need the app in there at all.

Meanwhile there was glaring faults that were also missed, the mysterious dimming of the screen while auto-brightness is turned off (though it never gets brighter and in some occasions the screen brightness becomes so low). I spotted and reported, and reported it and reported it to no avail, I presume that I must be the only one seeing this issue or they can’t reproduce it.

Another that is blatant but the tech media has never latched on to is that rather than pausing the playing of audio when Bluetooth audio devices disconnect it will pause it and then several seconds later resume it. Apple have informed me that iOS 11.2 Beta 3 fixes this issue and it is fixed.

The trouble is that the watch has been plagued by bugs that uses can’t report because they aren’t on beta, yet we know that developers are bothering to report the bugs because many of the bugs are so blatant that it is astounding that these bugs were never found in beta unless developers chose not to bother reporting their bugs.

I think that the Apple Beta system needs to be updated with different layers of beta testing.

A group of select dedicated beta testers that specifically hunt for bugs that get access to beta’s pretty soon after the WWDC keynote and are purely invitation only by Apple and Apple approaches them specifically.

The next layer is the developers and the developers are those are known to test the OS in general even while updating their apps for the new OS and selected again purely by invitation by Apple.

These are followed by the general Developer beta test launch and the Public Beta tester launch which people can sign up for.

Everyone wants that Magic back when they use the OS and it just works for them and this is what the Beta program was designed to do and what it is now failing to do until those that just wanted to play with the new features of the latest incarnation of the OS vanished and those that really do find and report even small bugs become the ones that report and it tends to be public beta testers that find most of those annoying glitchy bugs. If Apple filtered out and took these focused public beta testers and moved them to almost Alpha Test status the gold master release of a new version of iOS might be less buggy and more magical for all the members of the public.

And this member of the public won’t have to show an Apple Genius and the frustrated customer how to get past a bug in the Watch OS that the person can use his AirPods with his new Apple Watch.


Lazy Tech Journalism

It’s getting annoying, to say the least that Tech Journalists are possibly the laziest of people…

Are journalists paid by the character, word or article, sometimes I wonder, either way they seem to almost do a plagiaristic circle jerk.

One reports something and then others literally report the same thing over. A perfect example is the Apple Calculator bug that was present for a short time in iOS 11 where it wouldn’t see a following button press until the over lengthy animation complete. Everyone and their dog reported about this, they were still reporting this bug days after Apple had fixed the bug.

I could understand reporting bugs as news but they failed to report even more annoying and far more glaring bugs in iOS, for example the weird auto-brightness adjust that occurs under some lighting conditions even when auto-brightness is switched off and of course the bug that is present where it will auto-adjust the brightness down but there back up when the lighting conditions change to require it and nor did they report and make a deal of a bug where rather than pausing audio once a Bluetooth audio device had disconnected it would wait several seconds an then unpause and continue even if you had paused the audio source before disconnecting, a bug thankfully fixed in iOS 11.2 Beta 3.

It becomes tiring when you see a dozen or more reports of the same non-story and then never an update to it to reflect changes. We all get tired of this type of laziness or is it just a bias they have where they have to keep everything looking in the worst possible light.

Update to Those Pesky Airpods…

Yesterday I wrote about my disaster with a set of Apple Airpods and that can be found here and my attempt at recovering them, merely as an exercise to see if I would have success doing so and here is the blunt and rather short update to that.

After switching out the charger for an iPad charger the battery finally did reach full charge, as an experiment I took them off the charger and within seconds the battery was at 99%, I went to bed and checked again this morning, it was completely dead.

Put the airpods back onto the iPad charger and within an hour showed 100%, so it has no problem charging the battery and the Airpods but seems incapable of holding the charge.

Meanwhile the Airpods themselves want to connect to the iPhone regardless of whether they are in the case or not. So rather than them maybe coming back to life as a spare set they will be consigned to the kingdom of clutter I call the desk drawer with a post-it note saying they are broken.

I’m using the replacement set I purchased from Apple and had delivered and the cost of experimenting by purchasing a replacement charging case then a right airpod then a left airpod would have cost more and the outcome would have still be the same but at a higher cost. Plus I get another lightning cable to add to my collection of them.

I might come back to them some time in the future and try charging or maybe just list the set on eBay as broken and let someone else invest time trying to get them to work but I dare not rub my two brain cells together too hard, the friction might make them explode and somewhere people with sensistive hearing will complain of the tiny bang it would make.

Those Pesky Apple Airpods…

Yeah, I love my Airpods, I really use them a lot, so what happens when something goes wrong…

When I say that I use them a lot, right now I am wearing a replacement set that I ordered as soon as I realized what I had done, and kind of watching, but really listening to, a movie using the picture in picture feature of my iPad.

Literally I did the worst thing possible a few days ago, I was doing laundry and normally I check every pocket but on a whim I added to the laundry the clothing I was currently wearing and didn’t notice that I had the Airpods in their charging case in a pocket.

I didn’t even realize they were in the washing machine until I took everything out of the machine after the cycle and hear a noise of something solid hitting off the drum of the machine. My heart sank and I instantly knew it was not going to be good, I felt like I had drowned a favorite pet or a child (yes it was that bad).

I didn’t want to go into an Apple store and face the music so I quickly searched for the wisdom of the crowd and found a few searches from people that had had the misfortune to launder their Airpods. Some were saying they had no issues after it had been through a wash and even through the tumble dryer so I slipped the airpods back into the pocket they came out of and let them go through the dryer cycle. I also read that someone had left their Airpods sitting for several days and they started working so I though that I would put them into a sealed back with a mixture of rice and some large silica crystal sachet’s that I had dehydrated in the oven while the dryer was doing it’s thing and leave for a day.

First day after the failure, A spark of life, unfortunately a negative affect was that the airpods kept trying to connect to my devices as if they were being worn and struggled to charge so I put the rice and the silica crystal sachet’s back into the oven and got them dehydrated again, put into a plastic container with a sealable lid and buried the open Airpod Case and the Airpods (all separated from each other) into the hot rice and put the sachet’s on top then sealed them up and put the container in the still warm oven overnight. I also told the iPhone to forget the Airpods.

After an extra night I tested the Airpods, connected a charger and it showed signs of charging, after a day the airpods themselves reached 100% charge but the airpod case hadn’t charged at all so I left it charging while I went out and about, at the end of the next day I had a whopping 2% charge on the case.

I had already ordered and received a replacement set of Airpods from Apple, Ordered and received within 36 hours from Apple so the reason I have for trying to restore my original Airpods is purely an exercise to get them working just to have a spare set or to see if I can get them going again at all.

Today 3 days after they went onto charge they had reached 6% at 6am and 22% by 12pm but sadly it just sat there not progressing though I am using an iPhone charger so might try using a spare iPad Charger instead and see if things improve.

The biggest lesson I have learned is to stop, thing and check pockets while doing the laundry and avoid an expensive error. Yeah I could have purchased a cheap imitation from Amazon or invested extra in a set that is fully water proof but I find those in ear rubber cone things to be exceptionally uncomfortable and they never stay in my ears which is a feature that those cheap imitation’s of Apple’s have.

Has my opinion of Airpods changed? No, they’re still a great bluetooth headphone set. I wish Apple had updated the design to make the set fully waterproof. They still the most comfortable set I have used and the Sound quality is good, certainly good enough for my needs and they don’t have that awful wire going between them.

Talking of a wire between them, I’m sure I am not the only one that ends up having that little wire on some “wireless headphones” drag one of the ear buds out of an ear during exercise. I spent weeks struggling with an expensive set (about the same price as the Apple Airpods) of Bluetooth ear buds and without fail one of the earbuds would come out as the wire caught while I turned my head from one side to the other.

Would I recommend them, hell yeah! Once you have used them you just don’t want to go back to wired listening.

Why I dumped my 12.9” iPad Pro for the 9.7” iPad

I was asked recently why I no longer carried around my iPad Pro with the Logitech keyboard case, the answer was simple…

These days I use a 2017 9.7” iPad Pro with a very cheap Fintie Brand Bluetooth keyboard cover for it. Previously I had the 1st Generation 12.9” iPad Pro with the extremely overpriced and over-rated Logitech Keyboard case.

While there was some features that I loved about the iPad Pro, the stereo sound was amazing and very loud making watching a movie quite immersive it was a little too large, a little too heavy, even without the Logitech Case which brought the weight to as heavy as having a MacBook Pro on your lap, it had an issue from new with the battery. It drained so fast that it had to be kept on the charger almost all the time and for some reason every so often it would suddenly restart itself and show zero battery level then 46% then 54% then 0% all from a 100% battery level state and sometimes just wouldn’t charge up at all. I had gone into the Apple Store and they couldn’t resolve the issue, in fact they couldn’t get the iPad to talk to the outside world for them to do diagnostics and they didn’t have a replacement available and there would be a wait for an arrival that would mean being without the iPad.

These days I don’t use my Mac, everything is done on the iPad and I really felt that I couldn’t live without the iPad for the 3-5 days for the replacement to arrive so I asked if I could trade it in and get buy a new iPad instead. Yeah you might say that it is crazy to trade in a more expensive device when they were going to replace the iPad Pro but I could replace it with a new iPad and get a fresh Applecare warranty giving two years of peace of mind when I only had a few months of warranty left on my iPad Pro.

So I looked at the iPads and decided that I wasn’t going to bother with the 10.5 inch iPad Pro, I didn’t need it and didn’t want to spend any more than I needed to, so I bought the 2017 9.7” iPad, performance wise for my needs, I don’t game, it’s fast enough and with a smart cover for when I don’t want to have the keyboard weight and the extended warranty it was still only a small outlay.

In use I haven’t noticed a huge difference, the sound of course is not quite as good and kind of mono sounding since it comes from the right side only but viewing there is not that big a difference visually and in fact the smaller screen makes it easier to work because you don’t have to focus on such a big area to do the same tasks and comparing the smaller iPad Pro and the standard iPad there is not enough of an advantage for me to justify that extra cost.

The logitech Keyboard is on a shelf until the next electronics recycling event, it was junk when I got it and also had issues including keys jamming, the case coming apart and the excessive weight which made it wholly dislikeable.

The Fintie Keyboard I purchased off eBay for $27, it works great, it has the styling of the “Brydge” keyboards works better than the Logitech Creative keyboard did on the iPad Pro. The keyboard is a little compact but it is still very usable and it actually works consistently, the Logitech Creative keyboard on the iPad Pro would suddenly stop working midway through typing making for a very frustrating experience requiring the disconnecting and reconnecting of the smart connector. Bluetooth is still a better communication method for keyboards, sorry Apple the smart connector is not smart it’s merely a gimmick.

So that’s why I now use a more versatile combination of 9.7” iPad and cheap assed bluetooth keyboard cover.

Apple Airpods Bluetooth Heaven or Hell

When Apple launched the iPhone 7 they also introduced the Apple Airpods a bluetooth version of their classic earpods that they supply with every iPhone.

There has been much said about the Airpods in reviews and some pretty biased sounding reviews.   I recently purchased a set and decided I’d do my own review, no photo’s no bullshit, just factual use.


After a long wait, almost six weeks from ordering to delivery, they arrived,  the airpods come with it’s own lightning cable but no charger.  This is typical though of the many sets of bluetooth earphones I’ve used over the past several months.

The case/charger unit is far smaller than many of the photographs imply in the reviews,  it’s about the size of a very compact dental floss dispenser and only slightly heavier.  I had anticipated a rather awkward sized device.

The Airpods are securely located.   They arrived with a charge in them so they can be paired out of the box and then charged when you get a chance to do so.


Much has been said about the ability to pair to multiple Apple devices and switch between them.  Pairing them to your phone is easy, simple open the charging unit next to your iPhone and it pairs them.

I found it to be a little less obvious for the further ones, maybe I should have read the instructions but I’m a guy, and we don’t read instructions.  It wasn’t until I realized that there was a tiny button on the rear of the charging unit and then it managed to pair successfully with other devices.


We’ve all suffered from earbuds dropping out of our ears,  I’ve tried so many brands and every single one has suffered the same issue, the weight of the wire or the wire catching, even on the bluetooth ones with a wire between the two earbuds, tugs them one.  It’s annoying and in the case of a fully wired ear buds like the Apple’s earpods suffered pain when I’ve caught the wire and physically ripped the earbuds out.

This is the first time that I have had a set of earbuds that feel comfortable in the ear without them dropping out.   Even with those with little clips they would fall out or work their way out but the Airpods are so light I don’t notice them there and better still even with exercise and jumping around they’ve stayed in place with the only time being where I knocked while putting a seat belt on, at which time I was going to take it out anyway.

Sound Quality

Much has been said by reviews about noise leakage and claiming they let too much noise in, maybe t’s just me but every single set that I have purchased over the years has allowed noise to leak in and the ones that use noise cancelling tend to make me feel ill, I don’t know what it is but they just do.

The last set I purchased, Bluetooth earphones by Anker I could hear everything around me and couldn’t hear what I was listening to over the sound leaking in even at full volume.

I do like sound from around me to still be audible though, I’m not interested in blocking the world out I just want to be able to hear my music or audio feed without the world around me hearing it.

With the Apple Airpods they worked perfectly and there was actually less noise leakage from around me than many of the fully in-ear earbuds, certainly the Anker ones with their big rubber bungs let in far more noise than the Airpods.

Sound quality is as good as a wired headphone and certainly not any worse than the Apple Wired earpods.


Many reviews have gone into detail about the operation and how you can set it for pause play when tapped or activate Siri.  While I have used the remote on teh wired earpods I tend to forget about the ‘remote’ functionality and these days tend to use my Apple Watch to control the volume and forward or back through tracks.

There has been much said about the reliability of Bluetooth headphones with the sound breaking up and I have disputed this and pointed out that many of the problems are caused by the users body’s blocking the signal.

Range has always been an issue for many and I’ve disputed this also pointing out that I’ve had good reproduction with Bluetooth headsets with minimal break up of sound unless I got too far out of the quoted range and certainly rarely had sound breakup when carrying the phone unless the phone was blocked by my body completely.

In use the Airpods have been flawless, they haven’t suffered sound breakup, in fact today I was going to the grocery store and put the phone down the car seat when getting out and forgot it.  I started listening to a podcast and walked across the carpark.

Now I parked 150 meters away from the entrance to the store, I don’t see the point of fighting for a parking space when there is a huge car park.

I didn’t realize that I had left my phone in my vehicle until I entered the store and had walked between two metal shelving racks with pallets of canned goods blocking the signal.

The airpods didn’t break up, sound quality didn’t drop, until the signal was lost completely.   At which time I realized the phone was not in my pocket and after a panicked backpeddle to my vehicle found it on the seat where I had obviously left it.

I have never had a set maintain sound and connection for any distance far in excess of the operating ability of Bluetooth 4.2 but the Airpods certainly did and I was impressed by this.

If this performance is reflected multiple times in the future then the Apple Airpods will be the most reliable Bluetooth earbuds that I’ve ever used.

Battery Life

The longest I have used the Airpods has been 4 hours and was rather impressed with the 46% battery life remaining in the Airpods without having had to be inserted into the charging dock/case.

I’ll be traveling in the next few weeks and will see how good the battery life is then and will update this blog post when I finish my 24 hour trip.


Even if you have an Android phone these are ideal for you.  They work on both platforms and better still compared to many similar totally wire-free headphones they priced competitively.  I’ve always liked the feel of the Apple earpods so I am a little biased on this point.

I totally recommend them.  The wait time for delivery is a little bit of a pain and I wish I had ordered them at pre-order.  It’d also be nice if they were available in black but the original Earpods are only available in white so color is really a mute subject.


SHOW ME THE MONEY Apple’s Lockout Class Action case

Today it his the news that Apple is subject to yet another Lawsuit, this time it’s a Class action over Apple not implementing a feature that they patented, specifically a lock-out while driving.  What are the facts about the filing papers and how much salt should we take them with?


The Plaintiff and claim

The Plaintiff Julio Ceja of Costa Mesa in Orange County, California says that he was a victim of a female driver who was, according to him, operating her phone while driving and hit the rear of his vehicle.  The basis being that she had the phone in her hand when she got out of the vehicle.

So according to the claim it seems that only people that own iPhones text and drive and it implies every iPhone owner texts and drives.  Faulty assertion by the Plaintiff party.  California Sales are not solely responsible for the total sales either.  In fact it seriously smacks of “Apple has lots of money and I think that Apple should pay for another entities poor judgement”.

He feels that based on a patent that Apple had filed in 2008 and was awarded in 2014 that Apple had the technology to disable the iPhone of Drivers.  We’ll get back that claim by the plaintiff.

It is a terrible idea to base the application for a patent has the basis for actually having the physical technology or ‘device’ let alone that it was awarded.  If we use the same basis then every patent troll out there must have a physical device when we know that these non-practicing entities merely have someones ‘pipe-dream’ idea and chooses to shoehorn a case against targets to leverage a payment from them.

Apple on the other hand are rather smart,  an engineer has a pipe dream or an idea of something that one day may just be possible and they create and file a patent,  this future proof’s Apple somewhat against being patent trolled by another party and also if they were to implement the feature it would give a licensing revenue from others that wished to implement a similar feature.  IT DOES NOT MEAN THEY HAVE THE TECHNOLOGY TO IMPLEMENT THAT FEATURE.

The plaintiff literally demands “This class action complaint seeks an injunction against Apple, halting the sale of all iPhones in California without a lock-out device that will disable the iPhone while being driven by an engaged motorist, as well as an order requiring that the company update all currently held iPhones to install a lock-out device thereon.”

This is literally an unfair and undue burden being placed on a company and also requires Apple to update devices that are classed as ‘vintage’ or ‘antique’ and no longer supported by Apple such as the iPhone 3GS and iPhone 4!  Does this mean that Apple should be expected to replace these handsets with more capable ones to meet the requirement.

Again this demand is based on the false basis that Apple actually has this technology when it doesn’t necessarily mean that it does exist simply because a patent was filed for and awarded.

Again, they base their whole case on a ‘design patent’ and as we are all aware this does not imply the technology is ripe or prime for use or that obstacles involved in the patent concerning physical implementation is even ripe for use.

Implementing a technology that could be circumvented or that failed to work consistently based on the anticipation of the design patent would be far more of an issue and more importantly it would take away access to all occupants of every form of transit.  At this time the only way to identify that a smartphone is being used by driving would be to use GPS.  I’m sure there are other ways that it may be possible to identify the driver but for all intents and purposes it would also lock out other features that are in the interest of public safety, for example many people use their phones as dash cam’s, as Satellite navigation devices, would they still be able to in the event of needing a snapshot of a reckless driver be able to tap that screen and a photo would be taken of the driver and ergo his/her number plate.

All companies have recognized the issue and in 2008 texting and driving, in fact texting alone was not possible, it did not become possible on the iPhone until September 25th 2009 a whole year after the patent was filed for. Ergo substantiating that this was a pipe-dream feature that Apple filed for with a potential to develop into a working system, it never guaranteed it would ever see the light of day or be possible and in fact many have said time and again that the stumbling block will always be that it would lock out passengers in, trains, planes and automobiles, or for that matter buses and other public transport for using their devices too.

In fact the quoting of Apple’s filing and using that to emphasize that Apple understood the issue of texting and driving was flawed, it simply showed that the company was trying to look into the future again because when they filed the patent their own smartphone was not capable of texting while driving or texting at all and was not capable until the  following year and late into that year.

The plaintiff party has touted national statistics that they have dug up, some of them have been stretched to try and emphasize the point.  Some of the information is reasonably factual while they proceed to extrapolate on figures from before ANY state had texting and driving laws comparing it from smartphone ownership and assumed texting and driving based on a very small survey base used by the Department of Transport over barely more than 1000 persons.  When there was legal requirement to NOT text and drive it is far more likely that the figures would be higher and this percentage of the population assumed by the plaintiff would not necessarily rise by the same rate and certainly would not suffer an exponential increase post texting and driving laws.


In fact in the 26% of accidents that they produced for the document when I searched the source figure actually included accidents that involved people that were selecting a CD from a glove box or one of those sun visor racks, turning the volume control, lighting a cigarette, rubbernecking an accident and putting on makeup.  It even included adjusting the rearview mirror and wing mirrors. Not just texting and driving.

Taking the small base the survey that the study was based on the accuracy of the study can be held in question.  Small survey bases give big errors and big assumptions.  Look at the 2016 Presidential election pollsters and the accuracy there.  Your survey is only as good as the size of the candidate field and the truthfulness of the candidates along with the questions used to gain the data.

To be honest their claim that people start to become accustomed to automatically answering or responding to activity notification from a cell phone or smartphone is fairly accurate, it’s been proven that any animal, and we are animals, can be programmed to react to stimuli. The trouble is that they choose to quote the opinion and treat it as factual and proven while it is clearly in the document an opinion by Dr David Greenfield and every one has them.

Nobody can argue the point that many people will respond to a chirp by their phone but it is up to the individual as to whether they are going to react on it and claiming that every single one of us is compelled to react to a device making a noise, or vibrating is incorrect.

For example I will happily drive for many miles even stopping and going and getting in and out of a vehicle without responding to texts or Facebook or twitter or anything else, I’ve been known to go for a day and a friend has even noticed the lack of response.  I am not alone many more people that the plaintiff wants to acknowledge are doing the same.

The University of Kansas study they conveniently wouldn’t link to, I presume they are expecting discovery requests for that but the Research Matters website for the University has a News briefing and’

The study found that 72% of them or 276 that owned both a vehicle and a cell phone admitted to the act of Texting while driving.  This study though is purely about the act of texting and driving but  texting and driving has taken place in the USA since texting was made possible.  

I watched a 7 year old teach his Grandma how to text on her ‘dumb phone’, which was far more distracting and would regularly witness people so absorbed before smartphones became popular drive down the road for far more than 5 seconds at various speeds oblivious to all around them.  At that time there wasn’t an iPhone.


Also making the assumption basing the growth in smartphone ownership as the growth figure for Texting and Driving while many states in the USA since the survey was taken have enacted Texting and Driving laws which also impacts the assumed percentage of 9%, how many people that would be tempted to text and drive in 2011 still text and drive,  making an assumption relating pre-texting-and-driving laws with those after laws were enacted in states.

California has just enacted even stricter texting and driving laws that came into effect on January the 1st 2017.  Not only that we have yet to see any study specifically for the State of California and saying that what happens in other states relates to what the figures for California is flawed.

When it comes to associating the act of texting and driving as being far worse than drinking alcohol and driving that is rather full of assertion,  it’s making the innocuous claim that every iPhone or smartphone owner just casually texts while driving without giving it a second thought and again it is basing the claimed figures on all smartphones as opposed to actual iPhone users texting and driving caused all these accidents.

The plaintiff makes the statement “Given its rank danger, it is downright shocking that smartphone companies like Apple do nothing to help shield the public at large from the dangers associate with the use of the phones.  To be sure, this is not because Apple doesn’t recognize the risks, or because the technology to protect consumers does not exist.  In fact, Apple has known of the dangers associated with the of their phones for nearly a decade.  In 2008, Apple filed a patent seeking to protect its design for a “Lockout mechanism” to disable the ability of its smartphone to perform certain functions, like texting, while someone is driving.

and “In Support of its patent application, Apple recognized the dangers of texting and driving, and the important role they themselves should play in stopping it.  Apple argued, “New Laws are being written to make texting illegal while driving. However, law enforcement offices report that their ability to catch the offenders is limited because the texting device can be used out of sight (e.g. the driver’s lap), thus making texting while driving even more dangerous.  “Texting while driving has become so widespread it is doubtful that law enforcement will have an significant effect on the practice.”  Apple’s patent application was granted in 2014.  Yet despite having had the technology for nearly a decade and being the recipient of a valid patent, Apple refuses to employe the technology, fearful that doing so will cause it to lose the valuable market share to its competitors.”

Again this goes right back to the basis that rather than Apple thinking about potential future technology implementation or protecting themselves against a patent troll by making patent based on an idea an engineer had we see that the plaintiff has tried to associate this will Apple trying to avoid losing market share but, and this is the big but, they never implemented the feature because it was a pipe dream before they had even implemented texting on the iPhone which came late the following year but Apple in real terms lost market share.  Even though it had grown to 41.4% in 2014 that was purely because the iPhone was only available in the USA on the AT&T network and RIM had a growing market share, RIM’s blackberry share of the market grew from 35.1% in 2007 to 44.5% while the iPhone market share dropped from 26.7% to 19.2% in those same years.  Ergo, Apple was not protecting their market share by not implementing the feature if it was even possible to implement.

In fact in real terms Apple’s Market share has shown a decline in the USA.  They really didn’t gain as much of the Blackberry market that they would have with most of that going to Android based devices.  So why were these manufacturers not challenged also.  The answer is simple, They can’t go after Google, after all there is a myriad of manufacturers for Android devices and all merely install a free OS from Google and tailor it.  That would be even more costly and far less profitable than going after Apple who both design the hardware and the operating system.

The Plaintiff continues throughout to solely blame Apple and treat them as the sole contributor to the texting and driving issue simply because they show 40% of the market in the USA.

The trouble with the market share is that they previously in the demands inferred that the ‘lock-out’ was a software mechanism that could be updated on every single iPhone and therefore it is OS Market share that should be used for that comparison.

While the Statement used by the plaintiff is “If texting and driving is a vessel of trouble, Apple is the captain of the ship.  The company enjoys 40% of the smartphone market, far more than the nearest competitor and it’s profits are enormous”, they keep going back to the money, again it remains a “SHOW ME THE MONEY” situation, the plaintiff party just see’s dollar signs. 

In real terms though because they have implied software implementation is the mechanism that would be used in their earlier demands that all existing devices receive an update to make their compliant with their demand for ‘auto-lock-out’ that it means that it’s an OS issue and Apple has 47.7% of the OS market for smartphones while Android, produced by the equally profitable Alphabet/Google have almost as many devices running Android with a 47.6% market share.   Sounds like there are TWO CAPTAINS manning the alleged vessel of trouble.

They continue with the “Show me the Money” theme by focusing on Apple’s profits.  The fact that Apple’s profits are not just from iPhone Sales it is the plaintiff saying, “I feel that Apple wouldn’t miss some of that money, I can have some of that too”.  Not only did they proclaim their daily net profit but also how much money they have on hand.

The plaintiff then describes the accident the plaintiff was involved in, trouble is, this is a one sided story and sadly as we all know, every driver is always the innocent party when it comes to an accident.  I’m not saying that he is lying I am just saying that there is a tendency to point the finger.

They then go on again using prorating and the flawed 26% they pulled from elsewhere to decide that their estimated 500,000 automobile accidents which they then say is a lower than actual number and basing it on the 40% market share that Apple is responsible for 52,000 or more automobile accidents in California.

Then they go on to claim that the Apple and the iPhone is responsible for 312 deaths on the roads of California each year using their same faulty logic.


The case is being brought under the Unlawful and Fraudulent Business Acts and Practices, violation of California Business & Professional Code §17200

The trouble with this is that the claim is based on unfair or untrue advertising.  Sadly this is not a valid claim for that, Apple has never carried out a deceptive practice or advertised deceptively because having filed or been awarded a patent does not mean that they are required to make use of it and they have never advertised a promise that they would use it.  Assuming that they have the technology based on a patent is beyond the scope of the law.  In fact it makes the action meritless.

In fact if we were to base Apple’s patents then we could file class actions that the screen of our smartphone gets a scratch because they didn’t implement sapphire glass, simply because they have a patent for that or that the phone doesn’t protect itself when it is dropped by landing screen up every single time.

Furthermore, an injunction to halt the sale of iPhones in California and the implementation of such a system for phones used in California puts an unfair burden on Apple and is tantamount to blackmail by the plaintiff.

Let’s face it, Julio Ceja is masturbating away in Costa Mesa on the iPhone he is photographed with on Twitter and shouting

“Show Me The Money”