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Apple Execs Sued for Losses Related to Backdated Options

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Image by Gail Ahlers

Two Apple shareholders have filed a class-action lawsuit against present and former Apple officials including Steve Jobs and four members of the Board of Directors, as well as former CFO Fred Anderson and former General Counsel Nancy Heinen. The lawsuit charges Apple officials with fraud in connection with the company’s practice of backdating stock options, the subject of an SEC investigation in 2007, in which the regulatory agency cleared Jobs of any wrongdoing.

That’s not enough for Plaintiffs Martin Vogel and Kenneth Mahoney, according to a story published by Information Week, which details the allegations against Jobs and company. Vogel and Mahoney are seeking to recover losses stemming from a drop in Apple’s share price that reduced the company’s market cap by over $7 billion in the wake of Jobs admitting to “irregularities” in the granting of options to company executives and to the existence of an internal investigation into the matter in 2006.

iPhone Pricing Explained

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One of the most-asked questions leading up to the July 11 launch of iPhone 3G has been “How much will current iPhone users pay to upgrade to a new phone?” We asked media representatives from AT&T to clarify the upgrade policy yesterday, and were told by Wes Warnock, “Eligibility for the upgrade discount typically involves a number of factors, including how long you have been in your current service agreement, your payment history (for example, prompt payment of bills), and more.”

Asked how that would relate to current iPhone users who can only have activated their phones at most a few days more than one year ago, Warnock would only allow, “In general, you are more likely to qualify [for the discount phone pricing] if you are at or near the end of your current service agreement and pay your wireless bills promptly.”

Because the iPhone 3G is being subsidized by AT&T, their standard upgrade pricing plan is in effect. This allows them to recover the cost of the subsidy over the two year life of the service plan you commit to when you buy the phone. Blogger M. Jackson Wilkinson at Jounce explains, “If you currently use a phone subsidized by AT&T, and you aren’t currently eligible for an upgrade (you aren’t nearing your contact’s two-year anniversary), you will need to pay the full, un-subsidized price for the iPhone 3G. In this case, that works out to either $199+200 or $299+200, hence the $399 and $499 prices.”

So, how does that affect first-gen iPhone users, whose phones weren’t subsidized by AT&T? Under the terms of AT&T’s upgrade policy, current iPhone users should be able to make a good case for being able to purchase the iPhone 3G at the fully subsidized price as long as they are willing to sign on for a new two year service contract.

Blogger Glenn Fleishman has additional details about iPhone pricing arcana at TidBITS

Amid the Hype, iPhone Backlash Building?

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Image via AppleInsider

By any measure of event marketing, Apple’s rollout of its next-gen iPhone 3G has already been a success, with stories having run in every major media outlet, from Time to Fortune to BusinessWeek, CNN, The New York Times as well as on Internet blog sites large and small, covering the phone’s worldwide debut on July 11.

Both Apple and AT&T, the iPhone’s exclusive US wireless carrier and distribution partner, have posted videos hoping to get customers iReady for the big day and, according to a story in Fortune, reporter Philip Elmer-DeWitt says their approaches couldn’t be more different.

The Apple video, shot in the company’s signature stark, simple style, calmly lays out all the feature-based reasons you should believe that owning anything less than an iPhone may leave you unprepared to face the challenges of living in the modern world. As Elmer-DeWitt writes, “It’s hard to watch it to the end and not harbor iPhone 3G lust.”

At&T’s video, on the other hand, calls to mind the chaos and frustration likely to attend your effort to get your hands on one of the new phones on launch day, recommending that you may well want to visit an AT&T store in advance of July 11 to get your papers in order and your background check, uh, credit check out of the way to minimize hassles and delay when you come back to get the phone and have it activated.

As the countdown to launch day nears, more and more people are likely to be liveblogging the event and the pent-up demand for the device will continue to build. Some, however, are thinking more along the lines of Popular Delusions and the Madness of Crowds, like Dameon Welch-Abernathy at The PhoneBoy Blog, who says, “Get iReady to be iScrewed.”

Gallery of Stunning Apple Store, Sydney Photographs

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Check out this gallery of gorgeous photographs of the recently opened Apple Store in Sydney, Australia by photographer Christopher Chan. Born in Kuala Lumpur, the 34 year-old Chan keeps his day job as a Sydney-based Cisco Business Operations Manager when he’s not traveling the world shooting landscapes, architectural and other travel-related subjects. He uses a Canon 30D camera, loves his Canon EF-S 10-22mm lens the most, and works on a 15″ Macbook Pro running Mac OS X 10.5.3 and Aperture 2.1.

Hit the jump for his beautiful pix.

OS X and Safari Gain Market Share

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Ahead of Apple’s 3rd Quarter earnings report due later this month, fans of the Cupertino, CA computer company have reason to believe Big Mo is on their team, according to reporter Charles Jade at Ars Technica. Citing information available from the web metrics firm Net Applications, Jade reports significant increases in market share for both Mac OS X and Apple’s Safari web browser over the past year. Based on recent trends, the percentage of Mac OS X users should break the 8% mark in July, having gained nearly 2 full percentage points in the past year. Intel Macs posted gains as a percentage of Macs in use as well, possibly accounting for much of the reasoning behind Apple’s decison to make its Snow Leopard OS update, due in the spring, an Intel-only affair.

AT&T Reveals iPhone Pricing Details

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Apple’s chosen wireless carrier for the United States revealed pricing details for the iPhone 3G models, set to debut on July 11, according to information posted to the company’s website. New customers signing a two year service contract with the Dallas-based phone company can purchase the new phones for $199 and $299 for the 8GB and 16GB models respectively. Current AT&T customers who are eligible for an upgrade will also be able to purchase at the fully subsidized pricing while those not eligible for an upgrade will pay $399 and $499 for the two models. In typically cryptic AT&T style, the company’s upgrade eligibility requirements are not made public but only to logged in users requesting information specific to their account. The company’s generic message on upgrades reads “Device offers are made available from time to time based on a number of factors: service tenure, spending levels, payment history, usage practices and other factors,” though existing customers nearing the end of a two-year service contract cycle will presumably be able to purchase a new iPhone at the fully subsidized pricing with a commitment to a new two year contract.

In a somewhat puzzling development, AT&T issued a statement today saying it will sell the new phones “in the future” without a service contract for $599 for the 8GB phone and $699 for the 16GB model. Previously, neither Apple nor AT&T had indicated any intention to make the phones available without a service contract. Customers seeking to purchase phones on and near the July 11 launch date will be required to activate AT&T service at either an Apple store or an AT&T outlet, unlike the original iPhones released one year ago, which users could activate for service from their home computers. Existing AT&T customers will pay an $18 activation fee to get service on new iPhones; new customers will pay $36 for service activation.

7 Weeks Later: Life Without MS Office

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iWork vs. Microsoft Office: An image woman works with a laptop on a beach.
Just how possible is it to use iWork instead of MS Office?

Back on May 11, I promised to try and live without Microsoft Office in a “corporate setting” for 30 days. It’s been seven weeks in my iWork vs. Microsoft Office challenge now. And I’m none too happy to report that a copy of MS Office must go with me to the desert island.

However, in an interesting twist, it turns out I can’t live without iWork either.  Follow me after the jump to discuss what worked and what — surprisingly — didn’t.

Apple Turns Green for iPhone Packaging

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Apple has ordered millions of earth-friendly packaging trays from a Dutch company that makes injection-molded shipping products from potato starch, according to The Register. After weathering criticism in the past from the likes of Greenpeace for the company’s use of Brominated Fire Retardants (BFRs) and Polyvinyl Chloride (PVC) in its products, last year, Apple CEO Steve Jobs promised a greener Apple. Turning once again to the company that made shipping trays for the first generation iPod nano and iPod video, Apple plans to ship its new iPhones in cardboard boxes with a fully recyclable tray made from 100% natural sources such as potato or Tapioca starch, according to Hans Arentsen, CEO of the Dutch company PaperFoam.

Rhapsody Takes on iTunes, Offers Free Albums on New Store

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More evidence of the primacy of digital downloads in the music distribution business: Rhapsody announced today it will offer DRM-free MP3 downloads in a $50 million effort to wrest market share from Apple’s iTunes, which earlier this year became the largest music retailer in the United States. As part of its marketing launch, the first 100,000 sign-ups to the store until July 4th get one album for free, according to Gizmodo.

Previously known for its subscription-based music streaming service, Rhapsody is partnering with Verizon Wireless to offer music downloads on mobile phones and will also be the music store back-end to MTV’s music Web sites and iLike, one of the most widely used music applications on the social networking site Facebook.

Describing their strategy as “Music Without Limits,” Rhapsody executives tacitly recognized the necessity of selling music that can be played on iPods, Apple’s industry-leading digital music player. Said company Vice President Neil Smith, “We’re no longer competing with the iPod, we’re embracing it.”

iRAPP: CherryOS Designer Singing a Different Tune?

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In 2004 and 2005, Arben Kryeziu caused a stir as the “developer” behind Mac emulation software called CherryOS. Marketed at the time by Hawaii-based video-streaming company Maui X-Stream, the software supposedly allowed users to install and run versions of Mac OS X on Pentium processor-based Windows PCs. It was advertised as being able to reach emulation speeds up to 80% of the system’s total processor speed.

The problem with CherryOS was that it was largely a re-packaged iteration of the Power PC emulator PearPC, software that had been previously released under GPL and used primarily to run Mac OS X on x86 machines. As a commercial product, CherryOS violated GPL licensing terms by reusing PearPC code and also raised questions regarding the legality of commercial software developed and marketed specifically for the purpose of running Mac OS on the x86 architecture, since Apple’s license agreement specifically states that the operating system may only be installed on Apple-labeled computers. CherryOS eventually disappeared in the spring of 2005 under a storm of vaporware criticism.

Thanks to a Cult of Mac tipster, we’ve learned that Kryeziu is back in business as the the chief architect and senior strategist for another Hawaii-based company, Bump Networks, whose main product is iRAPP (interactive remote application), which claims to allow users to view and fully interact with a remote or local Mac from a Windows PC. The software is being marketed on a website called CodeRebel and is also available as a Networking & Security download from the Apple website. No word yet on the code under the iRAPP hood.

~ Thanks Sharon.

5 Time Capsule Tips from Channel Flip, UK

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Channel Flip is a “video magazine” produced in London with a focus on Mac tech-tips, video gaming and film. Instead of writing articles, the Channel Flip team produces short, snappy clips of how-tos and reviews of mobile phones, HDTVs, laptops and portable technology, as well as gaming titles on console, portable and PC. The film department looks at the week’s must-watch DVD releases, including film analysis and a close view of things going on in the movie world.

The clip above shows how to use Apple’s Time Capsule for something more than a mere back-up device and network router.

PocketMac Leads Parade of MacBerry Themes

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Software developer Information Appliance Associates (IAA) leaps to the head of a line of design entrepreneurs helping Blackberry smartphone users “Macintoshify” their handhelds with the release of PocketMac Mac Themes for Blackberry. Counting on the likelihood that there are many, many Mac users who have and intend to keep using Blackberry mobile phones, the San Diego-based software maker is selling what the company claims is the first tool to transform the look and feel of a BlackBerry into a miniature Macintosh.

Available for a number of models of the Research in Motion (RIM) smartphone (with support for the Blackberry Bold on the way), PocketMac replaces the standard icons and images of the BlackBerry with those of original, yet very familiar Mac-like icons, complete with familiar colors and backgrounds, to create what some are calling a MacBerry.

“I’m a passionate Mac user. I love my Mac and I love my BlackBerry,” says IAA CTO Terrence Goggin. “We created the PocketMac MacTheme [because] all of our customers love the BlackBerry but they preferred something that reminded them of home… their Mac.”

Apple Set to Launch Beijing Retail Operation

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Photo by gazjoe

Officials in China have confirmed the location of Apple’s first retail operation on the Mainland, in Beijing’s Sanlitun district, according to China Tech News. The 3000+ square foot outlet, which will be managed and operated by employees of the Cupertino, CA-based computer giant, has been developed by Hong Kong’s Swire Properties as part of a 580,000 square foot mixed use project that includes additional retail and boutique hotel space housed in a 17 building complex.

The expectation is Apple will display and sell its full range of products directly for the first time to Chinese consumers, who up to now have had to acquire Apple gadgetry through licensed third-party retail agents.

Apple will open the three-floor store on July 19 and plans to launch a second Retail Store in Beijing during the Olympics, according to a report today in The Shanghai Daily.

Questions Abound as AppStore Opening Looms

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Apple’s App Store, the online distribution channel for applications being developed for the iPhone by third-party software makers, will presumably open its virtual doors with the release of iPhone’s 2.0 firmware and the debut of the 3G model hardware on July 11. Phone users and developers alike are understandably excited about possibilities on the horizon, but as developer Paul Kafasis writes for Inside iPhone, many aspects of the way forward remain uncharted.

With Apple having no previous experience in the role of software publisher for outside developers, Kafasis is concerned about uncertain protocols on issues including support, free trials, review copies, refunds, discounts, bulk sales, and upgrade pricing. On behalf of consumers he wonders if software will be tied to a single device, if it will be able to be backed-up and recovered later and what will happen when a user gets a new iPhone.

Most importantly, perhaps are unanswered questions about who will have and control the all-important customer information. “When we sell software to a customer, we can track visitors, hits, downloads, and more. We also get a name and email address we can use to contact the customer later, if needed,” he writes, and then wonders, “will [developers] get any of this from the App Store? If so, what pieces of it?”

Many people felt the initial release of the iPhone last year was badly hobbled by the restriction against native third-party applications. The emergence of such applications soon, and their distribution through the App Store, are thus as likely to be roundly welcomed as it is certain the roll-out will encounter bumps in the road. With a future all three parties – Apple, developers and consumers – would like to see as fulfilling, whether and when that might be the case will depend on the answers to some of Kafasis’ questions.

Kanye West Types So Hard He ALMOST BREAKS His MacBook Air

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Increasingly cartoonish rap star Kanye West has been savagely bashed for showing up two hours late to his own 3 a.m. set at the giant Bonnaroo music festival the other weekend. He finally responded to his critics via his blog last night, and in so doing, coined the wimpiest tough guy catch phrase ever:

But this Bonnaroo thing is the worst insult I’ve ever had in my life. This is the most offended I’ve ever been… this is the maddest I ever will be. I’m typing so f***ing hard I might break my f***ing Mac book Air!!!!!!!!

Oh! Run for your lives! He has a MacBook Air and he’s typing REALLY HARD on it! But not hard enough to break it, thanks to Apple’s superior design and engineering!!!!

I’m seriously trying to come up with a wimpier way to express rage as expressed through communication style: “I’m tapping my index finger so hard against my iPhone that I am probably going to misspell some words!!!1!” “I’m so furious that I may just wait a few days to confirm the details of our acquaintance on Facebook!!!!!” “I’m writing you this Christmas Card in such a rage that I might forget to include my BEST WISHES TO YOU AND YOUR FAMILY!!!!!!1!”

Congratulations, Apple. You just set the benchmark.

Thanks, Adam.

WALL*E and Apple: A Match Made in Heaven

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I had the great fortune to attend an early screening of WALL*E, Pixar’s latest feature film, on Tuesday night. And, like just about every Pixar movie ever, it’s absolutely phenomenal. As much as I love Apple, I have to admit that the output of Steve’s other company is a lot more consistently excellent. Even more wonderfully, WALL*E is filled with references to Apple. It’s a fun bonus in an already great film.

Lots of people have remarked that Apple Design Chief Jonathan Ive was involved in designing EVE, the sleek, white, glossy robot that WALL*E falls in love with. As much as she resembles an older iPod, however, the cleverest thing about EVE is that she appears to have no seams in her surface, though they appear when she lifts her arms. There’s even one scene (pictured) where WALL*E tries to find her hand while it’s in locked position, and he struggles to find the gaps — an obvious reference to the notoriously difficult-to-open iPod or iPhone.
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But the Apple references run deeper. Every morning, WALL*E opens up a solar array in order to charge himself up for the workday to come. Hilariously, as soon as he reaches 100 percent power, the classic Mac booting chime goes off. And it’s definitely the older sound — it’s quite tinny. I’d bet they taped it off of a Quadra rather than a current Mac.

One last Apple reference: WALL*E’s favorite way to unwind is to watch an old VHS tape of the Barbra Streisand movie Hello Dolly (it’s OK; it is actually totally weird, if in a sweet way). But that tape then plays through a circa 2006 video iPod, which WALL*E then magnifies with an enormous lens into a projection screen.

WALL*E: Come for the love, stay for the Apple in-jokes. What could be better than that?

Pictures via About.com

iPhone 2.0 Software Will Support iTunes Remote Control App?

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Since I first got an iPod, way back when Discmen roamed the earth, my fondest wish has been that I could use it as a quasi-remote control for my stereo. I could point it at a set of speakers, scroll through my music library, press the center button, and — BOOM! — music would pour forth.

Besides a few experiments with an iTrip, however, this has been wishful thinking. Until, perhaps, the next few weeks. MacRumors claims that the Read Me file for a developer release of the imminent iTunes 7.7 will finally make this dream real (well, provided you have a computer hooked to your stereo):

Use iTunes 7.7 to sync music, video, and more with iPhone 3G, and download applications from the iTunes Store exclusively designed for iPhone and iPod touch with software version 2.0 or later. Also use the new Remote application for iPhone or iPod touch to control iTunes playback from anywhere in your home — a free download from the App Store.

It’s pretty typical Apple to offer a few unannounced features on major operating system upgrades, but this one is incredibly welcome. Using the WiFi built into the iPhone and iPod Touch is a natural for this, and it’s much more convenient than using the (let’s face it) fairly inadequate Apple Remote. I just hope it will work with Front Row and AppleTV…

Deal of the Day

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Photo by John Pettit

Software retailer MacHeist, well-known among software buyers for its bundle deals, says it is offering Parallels for the “lowest price ever,” at $49 or $39 for previous MacHeist customers.

Parallels Desktop software for Mac is a Mac System Utility that allows users to run Windows and Linux side by side on Mac OS X without rebooting.

Dell Brings Dock, Color to New Laptops

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Dell is launching a new mid-range line of portable computers called Studio Laptops with a Mac-like “Dock” designed to give Vista users an illusion of the OS X experience.

Studio Laptops’ desktop GUI takes Windows’ traditional application icon layout and organizes it into a “Dock” similar to the one familiar to Mac users, though questions remain as to whether users will be able to customize the Dock layout and place it on either side or at the bottom of the desktop.

In an additional concession to the proposition that Apple may be winning the OS war, Dell will offer cases in seven colors, a significant change to the company’s predominantly industrial look.

Gizmodo has nice before and after screenshots of the desktop.

Apple’s Product Orders Surge Ahead of iPhone 3G Debut

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Photo by Silvio Sousa Cabral

Amid reports of a surge in orders for all flavors of Apple gadgetry, anticipation of the iPhone 3g’s July 11 debut has the Apple Retail division preparing for the onslaught and chipmakers such as Broadcom and Marvel hoping happy days are here again.

Wall Street analyst Craig Berger, speaking for FBR Capital Markerts, says the bump in Apple’s supply chain activity “suggest[s] Apple continues to knock the cover off the ball, that its product cycle momentum is ramping, and that any consumer spending malaise in the U.S. or Europe has yet to impact Apple-related product demand.”

In a memo distributed throughout its Apple Stores division, company executives laid the ground rules for interacting with the public as 3G launch day approaches. Among the anticipated issues, the idea of getting on a waitlist for first dibs was shot down definitively by Apple corporate, and retail employees have been told to call any customer who has reserved an iPhone Personal Shopping session on or after July 11th to inform them Personal Shopping sessions will not apply to the iPhone 3G.

At an Apple Store in New York this week, actor Kiefer Sutherland is said to have made a strong case for obtaining a pre-launch iPhone 3G to no avail.

The company plans to hold worldwide retail meetings on July 6th to begin conveying more specific official launch procedures to its staff, according to a report at the Unofficial Apple Weblog.

Starbucks to Quit Music Distribution, Keep Serving Coffee

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Photo by Andrew Bulhak

Once hailed as a savior of the music industry’s physical distribution model, Starbucks will abandon the sale of CDs and iTunes gift cards in its thousands of outlets by September, according to a report released today by Silicon Valley Insider. The company will continue to offer free Wi-fi access to Apple’s online music store and may continue to try to sell entertainment online, but the dream of record company executives who saw Starbucks at the vanguard of a new class of unconventional sales outlets that could keep the CD alive in an age of digital downloads is now dead.

The company reported its first annual profit decline in eight years and saw half a dozen senior executives depart from its entertainment unit this year, forcing the Seattle-based retailer to look for ways to restart growth in its core business of selling $4 cups of coffee.

iPhone v2.0 Software Includes Secure Data Wipe

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Apple is ensuring the secondary market success of iPhones by building secure data wipe into the 2.0 version of its software, according to AppleInsider. Several sources report the Gold Master versions of the software could be released internally at Apple and possibly to developers as early as Friday.

Citing “People familiar with the beta versions of iPhone Software v2.0,” the AppleInsider report says the upcoming release will employ a more foolproof method of erasing all personal data and settings from an iPhone. As is the case with the existing version of iPhone software, the function will be accessible by selecting Settings > General > Reset > Erase All Contents and Settings.

Unlike today’s iPhone software the revised function will wipe data in similar fashion to the “Secure Empty Trash” function of Mac OS X, by which all data is deleted, unlinked, and then overwritten several times to make it irretrievable by even the savviest of recovery tools.

This feature should be welcome to anyone looking to sell their first-gen iPhone and upgrade to the 3G model, as well as to those who will follow the same path with subsequent iterations of the phone.

The caveat is that the new method will take considerably longer than the method available by the current software version, but time seems a small price to pay for piece of mind.

Time Machine Bug Raises Backup Reliability Questions

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A bug in the OS X 10.5.3 update creates trust issues with the reliability of some Time Machine backups, writes Baltimore Sun reporter David Zeiler. Hourly system backups to some Mac Pro machines are inconsistently met with the vague error message

which leaves the option of staring at the screen or clicking the OK button and pretending the failed backup doesn’t matter.

MacRumors has had a discussion thread going on this topic since the end of May, and the support forums on the Apple website show a question on this topic that remains unanswered after 69 replies.

A simple fix may help in some cases, according to blogger David Alison. Run the Console application in your Utilities folder, and select All Messages on the left. Then start searching using the box in the upper right. All Time Machine activity is logged under the process name of “backupd”, so searching for that will pull up all the relevant logs. If you’ve got an open backup that’s listed as “In Progress,” even though Time Machine is not running, try deleting that to see if it allows your backups to continue.

10 Reasons to Hate iPhone 3G Already

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UPDATE: This post originally borrowed liberally from an article written by reporter Dan Warne for APC Magazine. Though I linked to Dan’s piece and indicated the “10 Reasons” were his ideas and not mine, I realize now that reprinting his article with only the slightest changes and editing on my part could be seen as misleading at best and were certainly not in keeping with the standards to which I and Cult of Mac aspire. I ask for readers’ – and especially for Mr. Warne’s – forgiveness for my error — Lonnie Lazar.

People have been dying for the iPhone 3G for over a year, ever since the first user attempted downloading a web page on AT&T’s excruciatingly slow EDGE network. And let there be no doubt, when the phone hits global streets on July 11, people will rejoice, the coffers at Apple HQ in Cupertino will once again groan with excess and mobile carriers from AT&T to Vodaphone to O2 will breathe short-lived sighs of relief.

But in spite of the wow-inducing touchscreen interface, the bright and bold display, the push-synching of email, contacts, calendar, tasks and photos from Apple’s new MobileMe services, and the relative pleasures of speed on the 3G network – as always – Apple will have released a product that fails to meet some consumers’ insatiable expectations.

Herewith, 10 reasons to feel like Steve Jobs is ripping you off once again, as compiled by APC Magazine reporter Dan Warne: