I’m not through with the iPad. Actually, I’m just warming up. For today’s column, let’s focus on the perils of a closed system.
I live in a country (France) where censorship is a big deal. It comes mostly from greedy celebrities (sorry for the truism); they use a legal system that largely favors them. Often, they find a compassionate judge when it comes to extracting money as compensation for a supposed privacy violation or for some other unauthorized disclosure. Convictions are frequent and expensive; they can lead to the seizure of a magazine or even of a book. France has a long history of such practices. In the early sixties, the country was waging a colonial war in Algeria. Then, for the most avid news readers, the game was to get the weekly magazine l’Express at the kiosk as early as possible before French authorities seized it. (No such risk with today’s Gallic newsmagazines).
Let me reframe this in the context of an upcoming iPad era. An iPad newsmagazine publishes an investigative piece that triggers a legal injunction: remove that from the publication or face a $10,000 penalty per day. No, says the publisher, who has guts and money (proof this is a fiction), we want to fight in court. The plaintiff then turns to Apple. Same talk: face a huge fine, or remove the offending content. Furthermore, says the plaintiff’s attorneys, thanks to your permanent and unique electronic link to your proprietary devices and the fact that the electronic kiosk now resides on the device – yes we can argue that point, they say– , you must extend the deletion to each user’s tablet. C’mon, you keep pushing updates, and various contents bits to these gizmos, you can push a delete instruction code.
What would Apple do? This is a question of balance of power. If the legal action involves some neuron-challenged celebrity, chances are Apple won’t balk. But what if Nicolas Sarkozy or his whispering-singer wife are the plaintiffs? Truth is, given the pattern of legal actions against the press in France, it is more than certain a French judge will be tempted to request an immediate remote deletion of a presumed infringing content. Then we’ll see a replay of what happened last summer in the 1984 case, when Amazon remotely deleted a copy of George Orwell’s novel in the Kindle of buyers for copyrights issues. Amazon’s founder Jeff Bezos apologized profusely for the mishap (plus it involved 1984 not Alice in Wonderland, tough luck). More