Because When MetroPCS Says 'No Contract,' It Actually Means 'Well, Of Course There's A Contract'

from the truth-in-advertising dept

The mobile phone business seems to have a serious problem with taking words that have a pretty clear meaning in English, using them in advertising and marketing promotions -- but meaning something entirely different. For example, various mobile operators claimed "unlimited" broadband, but to them "unlimited" meant "really, quite limited." Well, it seems we've got another situation like that, such as MetroPCS's widespread marketing campaign that loudly proclaimed "No Contract." Well, guess what, it actually meant that there absolutely is a contract, and any customer who signed up for MetroPCS after seeing the "No Contract." advertisement would obviously know that, because in the welcome kit it sent, it pointed users to a URL, and at the bottom of that URL there was another link to a terms of service, and in the terms of service there was another link to "start a service request" which included some boilerplate about how you were agreeing to a contract. And, apparently, this is all very legal.

82 Comments | Leave a Comment..

Man Sues Neighbor For Not Turning Off WiFi And Cell Phone

from the science? dept

For years, we've heard of people freaking out about WiFi or mobile phones, claiming they have "electromagnetic sensitivity" to those things. The only problem is that in double-blind tests, there is no evidence that any sensitivity is due to electromagnetic waves. And yet, people keep insisting it must be true. In the latest extreme case, a guy in Santa Fe is suing his neighbor for not turning off his WiFi or mobile phone, saying that it caused him to become homeless:

Firstenberg "cannot stay in a hotel, because hotels and motels all employ wi-fi connections, which trigger a severe illness," says the request for a preliminary injunction. "If (Firstenberg) cannot obtain preliminary relief, he will be forced to continue to sleep in his car, enduring winter cold and discomfort, until this case can be heard."

117 Comments | Leave a Comment..

Maine Wants Mobile Phones To Carry A Cancer Warning... Despite Lack Of Evidence; [Updated: SF Too]

from the yeah-that'll-help dept

There have been ongoing arguments and conflicting studies for years over whether or not mobile phones can cause cancer. However, we had thought that the general scientific consensus was that mobile phones have such weak radiation that it is extremely unlikely to have any meaningful impact on causing cancer. Yet, that doesn't stop the worries that have long been associated with (almost always unscientific folks) when it comes to wireless signals. The latest such situation involves a politician in Maine pushing for a law that would put cancer warning labels on mobile phones.

But here's the thing: even if these warnings were put on phones, what would it do? Would people really stop using their mobile phones or make any behavioral adjustment just because of these labels? There might be a few people, but I'd imagine that those who already are sure that mobile phones cause cancer have already acted accordingly. Update: And... just like that, comes the news that San Francisco is considering the same thing.

26 Comments | Leave a Comment..

Apple Launches Nuclear Patent Counterstrike On Nokia

from the just-like-Thomas-Jefferson-envisioned dept

We've discussed in the past how many large companies now view patent accumulation as something of a nuclear stockpiling technique. That is, if you accumulate enough patents, other large companies won't sue you for patent infringement, because you'll just sue them right back for infringing on your patents. As ridiculous (and obviously against the basis of the very patent system) as this is, it has certainly limited some patent lawsuits between large tech companies. But every so often, a nuclear battle breaks out. Earlier this year, Nokia, jealous over the success of the iPhone, sued Apple. Apple, of course, has bragged about all those patents it holds on the iPhone... so... the obvious next step has occurred, and Apple is lobbing back charges of patent infringement against Nokia. In the end, the two sides will probably work out some sort of settlement, but the whole process is a huge waste of time and resources. Wouldn't we all be better off if they just focused on competing in the marketplace by creating better products?

17 Comments | Leave a Comment..

David Brooks: Mobile Phones Are Destroying Courtship

from the why,-I-do-declare... dept

It looks like David Brooks has officially entered into the old curmudgeonly "well, back in my day" phase of his NY Times op-ed columnist career, with a rant about how mobile phones are breaking down the proper social rules of courtship between a man and a woman. What is his basis for this? Would you believe the "sex diaries" of NY Mag? Seriously. Brooks apparently has been spending time perusing the lurid details of what people send into NY Mag for its "sex diaries" feature, and decided that it's a representation of how the modern single person uses mobile phones for the process of hooking up (er... courtship):

Once upon a time -- in what we might think of as the "Happy Days" era -- courtship was governed by a set of guardrails. Potential partners generally met within the context of larger social institutions: neighborhoods, schools, workplaces and families. There were certain accepted social scripts. The purpose of these scripts -- dating, going steady, delaying sex -- was to guide young people on the path from short-term desire to long-term commitment.

Over the past few decades, these social scripts became obsolete. They didn't fit the post-feminist era. So the search was on for more enlightened courtship rules. You would expect a dynamic society to come up with appropriate scripts. But technology has made this extremely difficult. Etiquette is all about obstacles and restraint. But technology, especially cellphone and texting technology, dissolves obstacles. Suitors now contact each other in an instantaneous, frictionless sphere separated from larger social institutions and commitments.

People are thus thrown back on themselves. They are free agents in a competitive arena marked by ambiguous relationships. Social life comes to resemble economics, with people enmeshed in blizzards of supply and demand signals amidst a universe of potential partners.

The opportunity to contact many people at once seems to encourage compartmentalization, as people try to establish different kinds of romantic attachments with different people at the same time.

I have to admit, in reading this, even as he's condemning it, it sort of feels like Brooks is... envious? Does he feel like he missed out on his opportunity to have been a young player?

But, seriously, he presents no evidence other than the "sex diaries" quotes to support this. He seems to assume that, thanks to technology, suddenly everyone out there is a player with multiple partners, all lined up via mobile phone to figure out who makes the best pairing for the night. I know plenty of single people these days, and I don't know anyone who does anything remotely like this. I'm sure there are some, but is it really that different from people who went out to bars and compared their different options in the past? This has nothing to do with mobile phone technology at all.

20 Comments | Leave a Comment..

Recording Industry, Japanese Gov't Work To Break Your Mobile Phone If You Listen To Unauthorized Music

from the how-nice-of-them dept

You would think that the entertainment industry might look back at its rather long history of failed attempts to stop technological innovation from interfering with their business models and realize the sheer futility of trying to stop people from doing what they want to do, and could have learned that embracing what technology allows is a better path. But... that never seems to happen. Apparently the recording industry is now so worried that unauthorized file sharing on mobile phones is the next big threat, that rather than working on ways to use that to their advantage, they've teamed up with the Japanese gov't (note: not Japanese consumer electronics makers) to develop a system to break mobile phones if users are caught listening to unauthorized music.

Think of it like an automated "three strikes" plan for your phone:

Details are scarce, but apparently the system would consist of a central database which contains information about music which is authorized to be downloaded. This system would be responsible for verifying that cellphone users weren't downloading illicit music. Those that do would be sent warning messages.

But of course, simple warnings aren't enough for the music industry. The report claims that the music capabilities of cellphones could be disabled for persistent infringers.

Once again, the entertainment industry would prefer to break any new innovation rather than learn to adapt.

20 Comments | Leave a Comment..

Actually, Now IRS Wants Congress To Repeal Tax On Work-Provided Mobile Phone

from the wow,-public-response-worked dept

Earlier this week, we wrote about how the IRS was exploring how to enforce an old law that required people whose mobile phones were paid by their employers to pay taxes on the phone service as a "fringe benefit." That got quite an uproar, and it appears the IRS is now saying that it agrees it's a really stupid idea and hopes that Congress will repeal that old law. Of course, it's not clear why it was even explored late last week as a possibility if the administration is so against the idea.

13 Comments | Leave a Comment..

IRS Wants To Tax Your Work-Provided Mobile Phone As A Fringe Benefit?

from the searching-for-cash-under-the-cushions dept

It appears that the Federal Treasury really is searching for cash under the cushions these days. Its latest idea? Claiming that mobile phones provided by employers are actually a "fringe benefit" that should be taxed. So even if your company pays for your mobile phone, you may owe the IRS taxes on it. The mobile operators are fighting this, but given the state of the economy, it shouldn't be much of a surprise if the IRS moves forward with this.

40 Comments | Leave a Comment..

If You Thought Your Mobile Phone Contract Was Bad... This Guy Got 60 Years In Jail...

from the phones-in-jail dept

It's no secret that prisons are having a tough time stopping inmates from getting contraband mobile phones, which they use to communicate with others, and often to continue committing crimes. So, in an effort to send a message to prisoners, one Texas inmate who was caught with a mobile phone just had an extra 60 years tacked onto his sentence. It's unclear from all the reporting what the guy's initial sentence was, but no matter how you add it up, it's difficult to see how 60 years in prison for a contraband mobile phone fits into the confines of a sentence that matches the crime.

35 Comments | Leave a Comment..

Cell Phones Make Another Move On The Landline

from the getting-there dept

The shift away from landline phones to mobile phones has been growing for several years, as many people find landline service redundant. Fixed-line operators have done very little to update landlines and keep them relevant, preferring instead to rely on inertia to maintain subscriptions, alongside forcing landlines into bundles or making them a requirement for DSL. This has worked, to some extent, especially as landlines still did hold some benefit for families, or in situations where people wanted to call a place as opposed to a particular person. But mobile operators are innovating and narrowing this gap. For instance, MetroPCS has announced a new "family line" product, which gives families a single number alongside their additional phone number. When this number is called, all the family members' individual handsets ring, and anybody who answers gets placed into conference with the caller, mimicking a landline with multiple extensions. The number can also be used within the family to enable easy conference calls. It's not a huge technological breakthrough, and it's also not a service that's likely to be a big deal to tons of users -- but it does illustrate how even with as old a product as voice, the mobile side of the telecom business is trying to push forward, while landline voice remains largely stagnant.

Carlo Longino is an expert at the Insight Community. To get insight and analysis from Carlo Longino and other experts on challenges your company faces, click here.

21 Comments | Leave a Comment..

Principal Installs Cellphone Jammer But Forgets To Check If It's Legal

from the whoops,-forgot-about-that-law-thing dept

Many educators are having trouble figuring out how to handle electronic devices in the classroom. Some have been educating students on the negative effects, encouraging them to regulate their own use. Others have even highlighted possible applications for mobile devices in the classroom. Though, many just try to ban everything. A principal in British Columbia took his school's ban to a new level by setting up a cellphone jammer. There was just one problem -- the device is illegal in Canada. The principal had ordered the Chinese device online, but some angry students were quick to find out and inform him that he was breaking the law. So much for that idea. Now, he's left looking pretty bad while cellphone use in school now seems like some kind of civil rights issue to some students.

It seems like this is less about the cellphone ban and more about maintaining authority in the school. On that front... this completely backfired. Plenty of schools have effective cellphone bans without resorting to technological blocks (I attended such a high school). Maybe the principal should explain to students and teachers why cellphones are a problem, set some reasonable guidelines for use and some reasonable consequences for violations of the policy. That would probably go a lot further to establish the principal's authority and gain his students' respect than installing an illegal device and being forced to backtrack ever could.

Blaise Alleyne is an expert at the Insight Community. To get insight and analysis from Blaise Alleyne and other experts on challenges your company faces, click here.

57 Comments | Leave a Comment..

Talking On A Cell Phone Like 'Placing Your Face On A Toilet Bowl'

from the yeah,-but-is-your-toilet-3G? dept

A new study checked out the mobile phones of 200 doctors and nurses, and found that 95 percent of them were contaminated with bacteria, while 1 in 8 had the MRSA staph bug. These findings pretty much echo those of previous studies, and like those earlier efforts, this one doesn't really go into exactly how dangerous these bacteria-laden handsets are. Unless, of course, you count the comments by the head of a "microbial sterilisation systems company" -- who in no way has a dog in this hunt -- that "holding your phone to your mouth is as dangerous as placing your face on a toilet bowl." Somehow, that comment doesn't seem too convincing, even though it's fairly colorful. If handsets were really portable mongers of bacteria-based death, one would think these medical studies might make that clear, and doctors and hospitals would take some steps to address the problem.

Carlo Longino is an expert at the Insight Community. To get insight and analysis from Carlo Longino and other experts on challenges your company faces, click here.

39 Comments | Leave a Comment..

T-Mobile Takes Out Some Handset Unlockers

from the the-only-confused-people-here-are-us dept

T-Mobile has won damages and an injunction (via Phone Scoop) against several companies that were taking bulk quantities of its prepaid handsets, unlocking them, and then reselling them. The company calls such activity "prepaid phone trafficking," when it's really just exploiting a poor business model. As in other suits filed by other operators, it sounds like T-Mobile based this one on copyright or trademark claims, saying "Consumers are harmed and may be misled about the source and origin of their mobile phones... Because the phones may still carry T-Mobile's brand, consumers may believe they are purchasing handsets manufactured for T-Mobile and covered by original warranties." That's slightly counter-intuitive: T-Mobile says the unlockers made their money by buying handsets locked to the operator, then unlocking them so they could charge a higher price when they were resold. According to T-Mobile, the phones carried a higher price, weren't sold in original packaging and didn't come with manuals. They were also, presumably, accompanied by advertising playing up the fact that they could be used on any operator's network. All of this combined would seem to make it pretty clear to buyers that they weren't buying an original, "official" T-Mobile product. So where's the basis for the confusion claims?

Carlo Longino is an expert at the Insight Community. To get insight and analysis from Carlo Longino and other experts on challenges your company faces, click here.

21 Comments | Leave a Comment..

Groups Again Take Aim At Cellphone Subsidies

from the teeter-totter dept

There's been a constant clamor over the past few years from some consumer groups that want to see mobile operators forced to stop locking handsets they sell, so that phones will be able to work with any compatible operator. The argument is that locking handsets to operators diminishes the competition among the operators, particularly when operators compete by getting exclusive deals on particular devices (such as the iPhone, which is locked to AT&T). But it's always seemed that the groups are looking to have their cake and eat it too: the locked devices and contracts operators use allow them to recover the subsidies they spend to drop the upfront costs of handsets. So if the groups want to do away with locks and other techniques that support the subsidies, that's fine, as long as they're also willing to accept higher device costs. But somehow, that part always gets left out, just as it has in stories covering the latest push by the groups (via MocoNews) and some smaller operators to get the government to outlaw handset exclusives. If these groups want to eliminate cheap handsets for consumers, they need to explain that -- or explain exactly how these regulations they want won't serve to lower service prices, but offset that with much higher device prices.

Carlo Longino is an expert at the Insight Community. To get insight and analysis from Carlo Longino and other experts on challenges your company faces, click here.

40 Comments | Leave a Comment..

Nokia, Qualcomm Move Forward With Non-Patent-Fight-Based Relationship

from the wonders-never-cease dept

Qualcomm and Nokia have been involved in a long-running series of patent disputes over chips in mobile phones. The two companies settled the bulk of their disputes last summer, with Nokia throwing a chunk of change at Qualcomm and the two making nice. This week, the two companies announced they'd work together to put Qualcomm chips in Nokia devices. Nokia, the top global handset vendor, has never used Qualcomm chips, and the work will first be focused on devices for the US market, where Nokia's market share lags far behind its share in the rest of the world. So Qualcomm gets a big new chip customer, Nokia strengthens its offerings for the US markets, and consumers benefit from increased competition. Sounds good all around, and makes you wonder why the companies resisted such an approach in favor of the patent fight for so long.

Carlo Longino is an expert at the Insight Community. To get insight and analysis from Carlo Longino and other experts on challenges your company faces, click here.

10 Comments | Leave a Comment..

About Damn Time: Phone Makers To Standardize Chargers

from the finally dept

The mobile-phone industry has met up in Barcelona for its annual confab, and among all the new handset releases was some more compelling news: phone makers and operators have pledged they'll standardize on mini-USB chargers. While this is being touted as mainly an environmental decision, it's a situation where environmental, economic, and usability benefits converge. Presumably, many device makers will eventually stop shipping new chargers with phones, reducing their costs and cutting charger production; users will benefit from consistency across vendors and devices. Some countries, like South Korea and China, have previously mandated that phone makers use standardized chargers and other cables; now the rest of the world can enjoy the benefits, too.

Carlo Longino is an expert at the Insight Community. To get insight and analysis from Carlo Longino and other experts on challenges your company faces, click here.

37 Comments | Leave a Comment..

Comedian Smashes Mobile Phone; Fearing 'Joke Stealing'

from the ok,-this-is-going-too-far dept

The concept of stealing jokes seems pretty ridiculous to us. Jokes are something that people pass around, and the real challenge is in how well you tell the joke -- not in the joke itself. Yet, it's no secret that some comedians have been going on tirades about joke stealing recently -- with one comedian in the UK, Lee Hurst, going so far as to smash someone's cameraphone during a show, after he accused the phone's owner of filming him to steal jokes (thanks to everyone that sent this in).

Talk about paranoid. It seems equally likely that whoever was filming it just wanted to show some friends. Besides, if you want to "steal" jokes, can't you do so simply by remembering them. Smashing someone's phone isn't going to stop that. Unless they invent one of those science fiction devices that erase short-term memory, no comedian will ever be able to fully stop others from making use of their jokes (and, in that case, I'd bet the comedian wouldn't do too well, since no one remembers his act).

In this case, Hurst plead guilty and paid a fine for destroying the camera... but says he'll do it again. Then he demanded stronger copyright protection over jokes and said he thinks YouTube should be banned:

"I don't regret what I did because the police wouldn't turn up to defend me, would they? It was in anger, but it is like having your tools stolen if your material is taken. We just need the same protection that is afforded to the cinema on copyright theft.... Ban YouTube -- it is the biggest piece of c*** ever."

Perhaps he really doesn't like that up-and-coming competing comedians are using YouTube to their advantage, while he's stuck wallowing in the past. It must suck not to be able to compete with upstarts who know how to embrace modern technology, but that's no excuse for getting violent.

56 Comments | Leave a Comment..

Latest Cell Phone-Cancer News: Your Eyes Are Safe

from the today-you're-fine dept

The debate about the cancer-causing effects of cell phones has been rumbling on for years and years, with contradicting studies coming out every so often. The real answer to the question of whether phones give people cancer, at this point, seems to be "nobody really knows yet", so any news one way or the other should be taken with a grain of salt (or two). In any case, the latest study to emerge says mobile phones don't cause eye cancer. Of course, this research contradicts the conclusion of an earlier, smaller study conducted by the same German researchers. So even though they're calling phones safe -- for your eyes, anyway -- the contradiction seems par for the course.

Carlo Longino is an expert at the Insight Community. To get insight and analysis from Carlo Longino and other experts on challenges your company faces, click here.

9 Comments | Leave a Comment..

Mixed Decisions Concerning Police Searches Of Your Mobile Phone On Arrest

from the legal-or-not? dept

A year ago, we had a lively discussion around here concerning the legal question of whether or not police could search your mobile phone if you are stopped for a traffic violation. It seems that the question is far from settled. Declan McCullagh details two separate lawsuits in which judges came to opposite conclusions about the rights of police to search mobile phones or other devices on persons being arrested. It's clearly allowed to search through physical belongings -- but when it comes down to digital belongings, it's not at all clear. It comes down to the same issue being debated concerning laptop searches at the border. Traditional law concerning such searches assumes that what you have on you is stuff you purposely chose to bring on that trip. However, in a digital age, where your devices "keep everything" the opposite is true. You automatically bring everything and only exclude that which you purposely choose to leave out. Thus, the old laws don't really make much sense and could lead to some dangerous and highly questionable scenarios. Hopefully, the courts will recognize this before too long.

14 Comments | Leave a Comment..

North Korea To Get 3G Network... Despite Mobile Phone Ban

from the how's-that-going-to-work? dept

You may recall back in 2004 that North Korea banned all mobile phones following a freakout after news of a train accident started to spread. Phones had started to become quite popular, especially with local businessmen (and even more so near the border where they would trade with the Chinese). However, for four years, mobile phones have been pretty much entirely banned. This was in striking contrast, of course, to South Korea, which has been on the leading edge of mobile phone technologies for a decade.

However, it looks like North Korea may have finally realized that mobile phones are somewhat useful. It's granted a license to an Egyptian company, Orascom Telecom, to develop a mobile network. Of course, Orascom may find it difficult to really attract that many users, as the service will only be authorized for purchase by top government and military officials. Can't let the riffraff chat with each other, of course. And, of course, there's always the chance that, once built, the North Korean government will just claim the network as its own. While perhaps this is a step towards more communication in North Korea, so far it looks like the plan is to only use it for the government.

2 Comments | Leave a Comment..