No-one ever said you could... Why do you feel entitled to it?
You have to BUY your ringtones. That was clear from the start.
Why do I have to buy ringtones without an option to use music I wrote myself, while my wife on the same family plan I'm on, with a FREE phone, can use whatever music she wants? If that sounds okay and fair to you then I want some of whatever you're smoking.
I see nothing frivolous about this suit.
We could make a thousand analogies that aren't the same, like the car oil filter analogy above but it won't change the facts of this case. You could be upset (thanks, lame Maccentral censor that won't let me use a common word here..) that Honda won't let you use a Toyota oil filter on your Civic, but AT LEAST HONDA WON'T REMOVE THE STEERING COLUMN from your Honda when you bring it in for service with your Toyota oil filter attached. That's what Apple has done here. They set out to nail people for being creative because they couldn't get a revenue stream out of their creativity so they intentionally broke their hardware. It's just plain wrong.
1) Verizon (or maybe Motorola) will not let you install custom self-made ringtones on certain models of the RAZR. You have to buy popular music from them. This is from experience. Therefore we are talking about an industry-wide problem that isn't going to be solved by a lawsuit singling out one company and provider with a ridiculous penalty amount. If these lawyers weren't only interested in some publicity at the expense of the most technologically visible company (at the moment), we actually might see this problem solved. Unfortunately we are living in a time where the government (and the citizens) are not interested in holding companies to some sort of common standard when it comes to public services, maybe in a few years.
2) Maybe a Honda dealer won't remove the steering column when they see a Toyota filter wedged into their engine but they would likely revoke the warranty on the engine at the least. Try hacking the car's software and see how that goes over. They would restore the car's computer to company specs at best. What if your hack did something that shut the engine off after they restored the software. What are they supposed to do then? Replace the computer for free?
3) Creativity is great in lots of ways, however criminals can be very creative too, but that's not something a victim would consider as they are being robbed or assaulted. To continue business Apple (and all other profit companies) has to maximize the revenue stream. iPhone hacks threaten to create a situation where a large number of people could avoid AT&T but still use the device. I don't have an iPhone specifically because of AT&T. Regardless of the money Apple makes from AT&T, if Apple didn't aggressively uphold the user agreement, they would probably be in violation of their agreement with AT&T and in jeopardy of a more realistic (and winnable) lawsuit from AT&T!
Leonardo Da Vinci was a creative person, but he was too creative with his secret paint formulations and couple of his paintings cracked badly within a few years while his contemporaries' paintings last without cracking. A creative person takes chances, however.... hanging off the Empire State Building's observation deck could be a creative expression in the hands of certain individuals but the building isn't going to take down the fence and find out by chance.
Once you get creative with any device made by someone else beyond their stated intent of the device, you gain full responsibility for that device and they are free of it. It becomes your artwork so to speak. Why should anyone but yourself be responsible for your creativity?



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