Sean Kovacs

Folks please read this. For the love of God, do not request refunds! The app is still usable–you are not out anything. But requesting refunds DOES cost Sean. Please read: http://www.techcrunch.com/2009/03/25/apples-iphone-app-refund-policies-could-bankrupt-developers/

I hope Raymond doesn’t get into trouble…

Here’s what I did.. This hurts **APPLE** and not Sean! I called up apple corporate offices and told them that I want my money back as “compensation” — NOT as a refund. I was very specific that I did not want a refund on the app; that I wanted APPLE to cover my cost. They ended up crediting my account for 5-free song downloads, (Yes, it was pathetic, but, it’s something.. and it’s something that won’t hurt Sean, but DOES cost Apple money).

I spoke to Robert Burger @ Apple Corporate care. You can reach him at 512-674-2500 x 40267. Give him a call and let him know how you feel about what happened…

sean :
@Nathan Dude that rocks…lol

Yeah. We’ll see if this “supervisor” ever emails me.

Story has made FT! http://www.ft.com/cms/s/0/11c256da-7bc7-11de-9772-00144feabdc0.html

Linked on drudgereport.com.

Very good PR.

Oops.. I made a mistake.. His name is “Barger” not Burger.. LOL. Damn bad handwriting

sean :
@Nathan Not a chance in hell…but worth a shot. lol

Believe it or not, someone actually wrote back. I am attempting to argue from the customer perspective, but it’s not sinking in:

On Jul 30, 2009, at 9:53 AM, iTunes Store wrote:

Hi Nathan,

I understand that the App “GV Mobile” has been removed from the App
Store, and you cannot receive updates.

My name is Andrew, I am a senior iTunes Store support agent, and
your issue has been escalated to me for further review.

Please note the following, taken from the App Store Terms of Sale:
http://www.apple.com/legal/itunes/us/terms.html#APPS

“Apple reserves the right not to post or publish any materials, and
to delete, remove or edit any material, at any time in its sole
discretion without notice or liability.”

“Removal of Apple Content or Other Materials. Notwithstanding any
other provision of this Agreement, Apple and its principals reserve
the right to change, suspend, remove, or disable access to any
Products, content, or other materials comprising a part of the
Service at any time without notice. In no event will Apple be liable
for the removal of or disabling of access to any such Products,
content or materials under this Agreement. Apple may also impose
limits on the use of or access to certain features or portions of
the Service, in any case and without notice or liability.”

Your request for a refund for “GV Mobile” was carefully considered;
however, according to the iTunes Store Terms of Sale, all purchases
made on the iTunes Store are final. This policy matches Apple’s
refund policies and provides protection for copyrighted materials.

You can review the iTunes Store Terms of Sale for more information:
http://www.apple.com/legal/itunes/us/sales.html

Sincerely,

Andrew
iTunes Store Customer Support Tier 2

Please Note: My scheduled work hours are:
Sun – Thurs, 6AM – 3PM Pacific

Thank you for allowing me the opportunity to assist you. You may
receive an AppleCare survey email; any feedback you provide would be
greatly appreciated.

—-I wrote back…

Andrew,

I wasn’t asking for a refund. I was asking how I can possibly trust
that my purchases will receive updates from the developer when Apple
arbitrarily removes them. It’s not a matter of money (it was less
than $5). I should be able to reasonably expect the developer to
provide updates, but Apple removed that possibility. I want a valid
response to this concern, not avoidance of the question.

Thanks,

-Nathan

On Jul 30, 2009, at 1:49 PM, iTunes Store wrote:

Hi Nathan,

I encourage you to use the iTunes Feedback page to submit your comments:
http://www.apple.com/feedback/itunesapp.html

Please note: Apple considers this matter closed.

Sincerely,

Andrew
iTunes Store Customer Support Tier 2

Please Note: My scheduled work hours are:
Sun – Thurs, 6AM – 3PM Pacific

Thank you for allowing me the opportunity to assist you. You may receive an AppleCare survey email; any feedback you provide would be greatly appreciated.

—-Once again me:

Hi Andrew,

I’m not trying to be rude here, but you have got to be kidding me. There has been no resolution or even a single attempt to address my concern. Matters are only closed when both parties agree they are closed. And I certainly do not consider this closed. I await a response to my below referenced concern.

-Nathan

And finally just now:

Hi Nathan,

Apple considers this matter closed. You will receive no further correspondence regarding this.

Sincerely,

Andrew
iTunes Store Customer Support Tier 2

Apparently they care neither about their customers or developers.

FCC questions Apple over Google Voice

http://www.macworld.com/article/142038/2009/07/googlevoice_fcc.html?lsrc=top_1

I thought I share this with u the FCC is looking into this http://online.wsj.com/article_email/SB124908121794098073-lMyQjAxMDI5NDM5MTAzODExWj.html

Nathan :
And finally just now:
Hi Nathan,
Apple considers this matter closed. You will receive no further correspondence regarding this.
Sincerely,
Andrew
iTunes Store Customer Support Tier 2
Apparently they care neither about their customers or developers.

Well, lucky for you, the FCC doesn’t consider the matter closed. I’m a broadcast engineer by trade, and the Commission only sends those types of letters when they’re getting ready to open a can of whoop-ass.

Robbie :
Well, lucky for you, the FCC doesn’t consider the matter closed. I’m a broadcast engineer by trade, and the Commission only sends those types of letters when they’re getting ready to open a can of whoop-ass.

I certainly hope you’re right. I am usually against the feds getting involved, but this is too much.

Austin Storm :
I hope Raymond doesn’t get into trouble…

If he dose the blame should placed on sean for posting it in the first place without blurring the poor guy’s name.

I sure hope you have submitted this screenshot to the FCC, this is directly answering some of the interogatories the FCC sent to Apple and AT&T. This may be valuable rebuttal evidence. In other words, if AT&T denies involvement (they have already publicly said to talk to Apple about Apple’s policies), the FCC will say, well why did Apple say otherwise here.

If you all get a chance to read the letters sent by the FCC to AT&T and Apple (they are on the FCC wireless page), you will see that they are currently considering making rules regulating other exclusionary practices related to wireless carriers as anti-trust type violations. The FCC is getting serious, and we may even see the Department of Justice, Anti-Trust division come in on this, time will tell.

I am a third year law student at the University of Florida, and I have begun a blog tracking legal issues surrounding white collar crime and cyber terrorism. Your predicament, in relation to the FCC’s actions with Google, Apple, and AT&T is my most recent post.

Please feel free to visit my blog or email me:
http://www.modernbandit.com
charlie@modernbandit.com

I hope the FCC sees this screen shot. It’s a pretty harsh reality of what’s going on behind the scenes. I read all three FCC letters to Apple, AT&T and Google here. http://www.iphonesavior.com/entire-fcc-letters-to-apple-google-and-att-.html

@David
“Apparently they care neither about their customers or developers.”

Yeah… since when have they cared?

Woohoo! Go Raymond C.! Now Raymond, when will tethering be supported?

@ryusen

Apple cares about only ONE group: Tomorrow’s hardware customer.

Everyone else can suck it until they join this one group.

Somebody brought up a very good point on TechCrunch article yeerday concerning this. He said “This smart phone (iphone) is essentially a computer with operating system and an ability to install third party software like any other computer….Just imagine what would happen if Microsoft would make an agreement with Comcast and set up a list of software you are allowed to install. What if they allow you to connect to internet only through Comcast? What if Comcast decides they don’t like some software and a week later Microsoft would FORBID using it without any meaningful explanation? That would definitely be considered mafia-like behavior and nobody would tolerate it. We are not tolerating this behavior neither from China, US government, Microsoft, nor from Comcast. For how long are we going to tolerate this behavior from Apple?

Also,….

Answers to numbers #1, 2, 3 and 5 can be found right here on this page. Sean keep up the good work.

Questions from FCC letter to Apple

1. Why did Apple reject the Google Voice application for iPhone and
remove related third-party applications from its App Store? In addition to
Google Voice, which related third-party applications were removed or
have been rejected? Please provide the specific name of each application
and the contact information for the developer.

2. Did Apple act alone, or in consultation with AT&T, in deciding to reject
the Google Voice application and related applications? If the latter, please
describe the communications between Apple and AT&T in connection
with the decision to reject Google Voice. Are there any contractual
conditions or non-contractual understandings with AT&T that affected
Apple’s decision in this matter?

3. Does AT&T have any role in the approval of iPhone applications
generally (or in certain cases)? If so, under what circumstances, and what role does it play? What roles are specified in the contractual provisions
between Apple and AT&T (or any non-contractual understandings)
regarding the consideration of particular iPhone applications?

4. Please explain any differences between the Google Voice iPhone
application and any Voice over Internet Protocol (VoIP) applications that
Apple has approved for the iPhone. Are any of the approved VoIP
applications allowed to operate on AT&T’s 3G network?

5. What other applications have been rejected for use on the iPhone and for
what reasons? Is there a list of prohibited applications or of categories of
applications that is provided to potential vendors/developers? If so, is this
posted on the iTunes website or otherwise disclosed to consumers?

6. What are the standards for considering and approving iPhone
applications? What is the approval process for such applications (timing,
reasons for rejection, appeal process, etc.)? What is the percentage of
applications that are rejected? What are the major reasons for rejecting an
application?

Somebody brought up a very good point on TechCrunch article yeerday concerning this. He said “This smart phone (iphone) is essentially a computer with operating system and an ability to install third party software like any other computer….Just imagine what would happen if Microsoft would make an agreement with Comcast and set up a list of software you are allowed to install. What if they allow you to connect to internet only through Comcast? What if Comcast decides they don’t like some software and a week later Microsoft would FORBID using it without any meaningful explanation? That would definitely be considered mafia-like behavior and nobody would tolerate it. We are not tolerating this behavior neither from China, US government, Microsoft, nor from Comcast. For how long are we going to tolerate this behavior from Apple?

Also,….

Answers to numbers #1, 2, 3 and 5 can be found right here on this page. Sean keep up the good work.

Questions from FCC letter to Apple

1. Why did Apple reject the Google Voice application for iPhone and
remove related third-party applications from its App Store? In addition to
Google Voice, which related third-party applications were removed or
have been rejected? Please provide the specific name of each application
and the contact information for the developer.

2. Did Apple act alone, or in consultation with AT&T, in deciding to reject
the Google Voice application and related applications? If the latter, please
describe the communications between Apple and AT&T in connection
with the decision to reject Google Voice. Are there any contractual
conditions or non-contractual understandings with AT&T that affected
Apple’s decision in this matter?

3. Does AT&T have any role in the approval of iPhone applications
generally (or in certain cases)? If so, under what circumstances, and what role does it play? What roles are specified in the contractual provisions
between Apple and AT&T (or any non-contractual understandings)
regarding the consideration of particular iPhone applications?

4. Please explain any differences between the Google Voice iPhone
application and any Voice over Internet Protocol (VoIP) applications that
Apple has approved for the iPhone. Are any of the approved VoIP
applications allowed to operate on AT&T’s 3G network?

5. What other applications have been rejected for use on the iPhone and for
what reasons? Is there a list of prohibited applications or of categories of
applications that is provided to potential vendors/developers? If so, is this
posted on the iTunes website or otherwise disclosed to consumers?

6. What are the standards for considering and approving iPhone
applications? What is the approval process for such applications (timing,
reasons for rejection, appeal process, etc.)? What is the percentage of
applications that are rejected? What are the major reasons for rejecting an
application?

@David

@Nathan nothing the guy told you is false. it is in the terms and conditions that all sales are final and nothing is guaranteed to be available for forever. not songs, movies or apps. the guy is doing his job. and within the limits of this job there is nothing more he can do. he gave you another route, which he probably didn’t have to do. get off him and either shut up or take his suggestion.

This is why I like http://www.seankovacs.com. Shcoking posts.

Thats why you should not get iphones

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オメガ時計;
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