Apple: Our advertising is clearly bull@#$%. Clearly.

Ah, Apple.

Gizmodo points out that Apple’s defense to the recent pulling of the deceptive iPhone ad in the UK prompted the following statement from everyone’s favorite company:

“No reasonable person in Plaintiff's position could have reasonably relied on or misunderstood Apple's statements as claims of fact.”

In other words, no reasonable person could possible misinterpret Apple’s claims as the truth.

Or, as Gizmodo says, “if you believe what Apple says in an Apple ad, you are not a reasonable person.”

Either way is correct. :)

Thanks, Mike M.

Discuss this Article 59

gavers
on Dec 2, 2008
Too perfect.
mikegalos@msn.com
on Dec 2, 2008
What is there to add to what Apple admits when they're under oath?
robertsjoe
on Dec 2, 2008
In other words, dumb Windows users couldn't think for themselves and understand what is going on? Too true. Another great post from the anti-Apple Supersite for Windows blog.
weedmonk
on Dec 2, 2008
Giz? Wow. How did that post get by Jesus Diaz or Brian Lam.... Bi-coastal effete iTards...
shark47
on Dec 2, 2008
"Another great post from the anti-Apple Supersite for Windows blog." :-)
shark47
on Dec 2, 2008
"In other words, dumb Windows users couldn't think for themselves and understand what is going on? Too true." So true. These are the same users that helped Microsoft become a monopoly by abusing its monopoly. :-)
mikegalos@msn.com
on Dec 2, 2008
Amazing. Apple admits they lie to sell their products and that nobody would believe the lies they tell and the iCabal brags about how wonderful it is that Apple lies to them. No wonder they're reduced to Simpsons fodder. Seriously. Seek therapy.Soon.
robertsjoe
on Dec 2, 2008
One couldn't really hope to take this blog seriously, could one? Raise your hands if you do. No one? Thought so.
SandmanX82
on Dec 2, 2008
What's not to take seriously? This posting does nothing more than print an exact quote from Apple. So if there's something to roll your eyes at, then the quote from APPLE THEMSELVES would be it.
shark47
on Dec 2, 2008
"What is there to add to what Apple admits when they're under oath?" Haha. Nice way to put it.
tayme
on Dec 2, 2008
@robertsjoe - My hand is raised. What I don't take seriously is you - all of the time...and mikegalos - most of the time. --tayme
experiencemusic
on Dec 2, 2008
I know several people that thought their iPhone would run as fast as shown in the ads. Saying that 'speeds may vary' is much different than if they said 'speeds will never reach this fast no matter where you are'.
mikegalos@msn.com
on Dec 2, 2008
experiencemusic Actually, adding the "speeds may vary based on network conditions: disclaimer makes things even more deceptive because it makes it seem like the customer not getting the results demonstrated is some kind of local network problem and not an inherent limit to the device.
RunTimeError
on Dec 2, 2008
I'm sorry, but I have to side with Apple on this one. I mean come on. Based on this we could realistically sue ALL high speed ISP's for the same kind of deceptive "speed claims". Mike, I believe that makes me "response number 3".
chipwinter
on Dec 2, 2008
I think Paul is merely pointing out that Apple stands out in deceptive advertising. And for those who call Paul an MS shill, do you really believe this blog wouldn't be filled with similar entries if Microsoft made claims about their products, only to have users complain otherwise? Paul's a fanatic about the truth.
Waethorn
on Dec 2, 2008
"I'm sorry, but I have to side with Apple on this one." Of course you do. Apple: Unreasonable advertisements for the rest of us.
mikegalos@msn.com
on Dec 2, 2008
Apple Lie Different
j4m3s0n79
on Dec 2, 2008
I don't think anyone thinks that apple was way off base in the ads, especially considering most ads are deceptive (does a big mac really look like that, and my 'scrubbing bubbles' didn't smile at me and clean my tub). What is off base was the response that 'no reasonable person would find that credible'. I think there were a lot of people who saw those ads and really believed that they could recreate the experience. To say they are gullible is fine, but to call them unreasonable is....well....unreasonable. In my industry, you don't get ahead by trashtalking your competition. Eventually, people will wise up to the fact that most PC desktops are far more expressive and 'individual' than thier homogonized mac counterparts. I have always said, Mac's (and iphones) are good for students, old people and those who want to interact with technology without engaging in it. PCs, Linux are for professionals, pragmatics, poor people and the inqusitive. I wish macs were more of a gateway into technology as a whole...instead...they are just a gateway to more mac.
robertsjoe
on Dec 2, 2008
@chipwinter: "And for those who call Paul an MS shill, do you really believe this blog wouldn't be filled with similar entries if Microsoft made claims about their products, only to have users complain otherwise? Paul's a fanatic about the truth." Fanatic about the truth? That's highly amusing. Paul pulls punches a hell of a lot when it comes to Microsoft. He's light and glib with the anti-Apple crap he spouts, but hardly ever about Microsoft. Do you really think there isn't plenty of fodder from Microsoft to make fun of them? Of course there is. That's one of the reason why he's biased. All the claims of fairness are bogus. Hence this is a shill blog for MS.
RaaJ
on Dec 2, 2008
Robertsjoe: If you think Paul pulls punches when it comes to Microsoft, you haven't been reading this blog for long. You would be hard pressed to find a more pragmatic critic of Microsoft's products than Paul. He is not one of the 'me too' critics that can't quote beyond 'DLL hell' and 'registry bloat' on things that MSFT needs to correct about Windows. This is what makes Paul and Ed Bott more valuable critics for MSFT than M@sshat and gang. You go spend a couple more Benjamins at The Dear Leader's altar, and buy some 'taste'. Your ilk lives on borrowed 'taste' and 'elitism'.
robertsjoe
on Dec 2, 2008
@RaaJ: You're kidding right? Maybe since you look at things through Borg-coloured glasses you can't see the forest for the trees. Paul is biased. It's that simple. If he spent as much time and energy kicking Microsoft as he does Apple, this blog would be a torrent of Microsoft bashing. But, of course, it ain't. Since Microsoft pays the bills.
maati
on Dec 2, 2008
RaaJ is not kidding. He's telling the truth. Just like Paul. Apple and their fanboys, like you, spend their days twisting the facts, lying at people. You believe OS X is bug free, you believe Apple had the vision of a 'touchscreen future' - well, that tells enough about you. Apple's washed your brain and put the same bullshit into it that they spread in their ads. Seek therapy. Leave the iWorld. Return to reality where facts matter. Seriously.
tayme
on Dec 3, 2008
@mikegalos - you have once again stooped to robertsjoe's level. You two belong together! --tayme
lotsamystuff
on Dec 3, 2008
"Apple Lie Different" Microsoft: Vista Capable Paul re: Apple: "Bad, bad bad" Paul re: Vista-Capable lawsuit: Cue sound of crickets chirping WinJihadists: "Yeah! Go Get 'em, Paul" Everyone else: "Pot, meet kettle"
Dipsh t Admin
on Dec 3, 2008
"Hence this is a shill blog for MS." Then why are you here? If you are so convinced that Paul is worthless, why do you come back day after day? It really doesn't make any sense. If you don't like what Paul has to say, don't come back and don't give him the page clicks. It's that simple.
panache1023
on Dec 3, 2008
Best quote of all the responses so far, is of course by the extremely ignorant and close minded Mike Galos.. "No wonder they're reduced to Simpsons fodder." Hey mike, go look for this quote regarding The Simpsons "Buy him out boys" LOL...wow Mike, you truly are a fool sometimes!
Ocean
on Dec 3, 2008
You're a small man Paul Thurrott. Mike Galos, ditto.
DRWAM
on Dec 3, 2008
It would be foolish, of course, that Apple, the defendent of a law suit exactly about the ad, would admitting it, or at least the legal team admitting guilt . Admitting guilt would be stupid. However, that is one of the dumbest comment to make as well, since it diminishes credibilty of the ads. If they show you speeds in an ad, I would expect it unless they put in a REASONABLE disclaimer. Diclaiming that speed varies on the network does not tell me that my phone will never achieve the demonstrated speeds. The doofus that made the statement should have just said 'No comment'.
Waethorn
on Dec 3, 2008
....and people wonder why I say Apple is bad for consumers. Obviously, the UK understands this already.
mikegalos@msn.com
on Dec 3, 2008
DRWAM It wasn't a doofus that could have said "No comment" it was an actual quote from Apple's legal team in their reply to the lawsuit and was listed as one of their affirmative defenses.
whiplash55
on Dec 3, 2008
Considering how many times Paul has slammed Windows Mobile, Live Search, and the Longhorn reset, I've heard him criticize MS more than he criticizes Apple over the years. The thin skin of the Apple sycophants is so predictable one small criticism and they all need a diaper change. Quit whining ya little candy asses.
Delmont
on Dec 3, 2008
whiplash: Good one!
Ocean
on Dec 3, 2008
You're a small man Paul Thurrott. Mike Galos, ditto.
DRWAM
on Dec 3, 2008
Yes, it was a doofus lawyer. If I were the jury, that statement would decrease Apple credibility. If it were corporate apple approved, someone should "Get a Clue" not Get a Mac. As above, the lawyer should have just stated that they mislead intentionally, but feel that no one should believe them. Then I would ask "to whom should I make out the check?" [to the plaintiff of course. This just proves that most lawyers are not Harvard grads.
subzerohitman721
on Dec 3, 2008
Most of the Apple fanatics on here just want to rip Paul apart and really haven't been here long. I've been a regular to the Supersite since 1997, and he's ripped Microsoft a new one often and frequently. Its just they pounce on any criticism of Apple, that they can't stand it. They feel that this machine constructed by Jobs is perfect and needs no criticism. Thats why I don't believe in absolute perfection. However, who ever admit this, has effectively put Apple's foot in its mouth. That public statement could be used against them in court as admission of guilt of intentional misleading and deceptive advertising. All you need is one good court victory and you have a legal precedent. Thats the one thing every security officer and police officer is told, "Becareful what kind of statements that you make. Becareful what notes you take during incidents. It can be subpoenaed and become a legal document or treated as a statement of fact." Steve Jobs might want to consider reshuffling his legal team here. If this got past legal, it might cost Apple a pretty penny.
Master3
on Dec 3, 2008
@subzerohitman721 The problem is that Paul had the nerve to post this. That is why Robertsjoe, Ocean, lotsamystuff, and the rest of the gang are going after him. They aren't saying what Paul posted is a lie, they hate the fact that he posted it. Oddly enough, for all of the righteous indignation they toss at Paul everyday, you would think they would just stop reading the site if it made them so mad.
Waethorn
on Dec 3, 2008
"They feel that this machine constructed by Jobs is perfect and needs no criticism. Thats why I don't believe in absolute perfection." Really? He would disagree: http://tinyurl.com/5uxbm3
Waethorn
on Dec 3, 2008
"The problem is that Paul had the nerve to post this." Nerve? On his own blog? LOL!
daveinla
on Dec 3, 2008
Did someone notice that Apple now mention on its iPhone ads that the loading speed is not the actual one on the bottom of the screen ?
Waethorn
on Dec 3, 2008
"Did someone notice that Apple now mention on its iPhone ads that the loading speed is not the actual one on the bottom of the screen ?" It was already mentioned.
Ocean
on Dec 3, 2008
You're a small man Paul Thurrott. Mike Galos, ditto.
tayme
on Dec 3, 2008
@Ocean - Obsessing much? You double posted that worthless statement... --tayme
Ocean
on Dec 3, 2008
You're a small man Paul Thurrott. Tayme, Mike Galos, ditto.
tayme
on Dec 3, 2008
Wow...me and mikegalos in the same category...that is unusual. But whatever, dud...you've officially lost ALL credibility. Oh, and by the way...I'm rather large...not in the DRWAM sense of the word...some would call me fat...and I'm ok with that. --tayme
jvd897
on Dec 3, 2008
If anyone wants proof of Paul being a critic of Microsoft, you don't even need to go past today's homepage -- click "Windows Vista: Simple vs. Easy". As an example in his own words, "Windows 7 is not, in fact, easier to use than its predecessors, because all Microsoft is really doing is hiding complexity, not removing it. [...] with this release, the company is instead taking the decades-old, convoluted, and complicated Windows UI and giving it a spit shine." Doesn't sound like the stuff of an MS fanboy, at least not to me.
whiplash55
on Dec 3, 2008
You're a small man Paul Thurrott. Mike Galos, ditto. @Ocean You and robertsjoe kill me, why the hell do you keep reading if it annoys you so much? Aren't there thousands of Mac centric sites you can all do a group hug at? Really you guys have issues, let me guess your mommy always belittled your daddy in public and now you've grown up (sort of) an angry and bitter adult. Apple fans should be ecstatic over Apples recent successes, but instead you torture yourself coming to winsupersite blog and whine and snivel or make stupid snarky and inane comments. I'm embarrassed for you. You guys would have done well in Germany in the 1940's or in the former Soviet Union in the 30s. Anyone stepping out line or questioning correct dogma needs to be disappeared or at least discredited. Heil Steve!
DRWAM
on Dec 3, 2008
tayme, it's one workout at a time. You don't need a years work in one day. Let the goal be small increments.
mikegalos@msn.com
on Dec 3, 2008
tayme, I think he's telling us we can stop dieting which works for me since I picked up some great Ethiopian take out on the way home from the conference...
mikegalos@msn.com
on Dec 3, 2008
Oh, and in case anybody gets to Seattle and is looking for Ethiopian food, I'd recommend Assimba on East Cherry Street. Great Ethiopian food and good prices. (We got told about it by one of my wife's former coworkers from Addis Ababa who used to eat there whenever he got homesick.)
whiplash55
on Dec 3, 2008
@mike Thanks for the tip Mike, I'm from California (Cupertino actually) and I'm going to tell EVERYONE to head up there and check it out!

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