158: You Can't Outlaw Math
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We're in for a long show tonight, are we not?
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I don't, honestly, I don't know how long the FBI thing's gonna last.
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I hope you put that on the pre-show.
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Marco's classic.
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Honestly, I don't think there's much to say.
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Always says that.
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I never say it's gonna be a short show, though. That's always you.
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But you say it in a different way. That's the way you say it.
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Can you tell I have a cold?
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My streak is over. I thought I was gonna go two whole winters without getting sick.
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Almost made it out of this one. So close.
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Can we just drive you over to Craig's house and you can fix your cold?
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I recognize that wasn't the best use of that metaphor, but I just cannot get tired of that
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It's so good.
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Yeah, it's kind of mean though, like, this gets back to what I was saying on the past
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show when we were talking about the new open app coming on podcast or whatever.
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It's so easy to make fun of that, but that type of story is an example of people opening
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Like, it's the type of thing that in a more controlled PR environment would never come
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out. And it's slightly unfortunate that that's the story that they put out there because
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even on the merits it's kind of like, well, you're trying to make an emotional appeal,
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but realistically speaking that's not an effective way for an organization to address problems,
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to have the head honchos of these huge swaths of the biggest company in the world be addressing
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problems on an individual level with their own particular max. Like that's not, you need
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better tools to manage this problem. So it just seems like you're trying to sway me emotionally
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with this anecdote, but it doesn't even make sense. But that's the type of thing that you
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do when you open up about yourself and your personal life, and I'm sure it really is true,
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and so I'm glad we know that that's what's going on. And now we can, I guess, make our
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own judgments about the effectiveness of the strategy of driving things to Craigfidter
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East House. I don't know. It's also trying to say how passionate they are, that even
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these big important people are not above getting down to a problem that they encounter, that
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they're not going to leave it to the lower people and say, "Oh, they'll take care of
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that," that they really want to fix every little problem they found. So it's multifaceted,
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it's personal, it's human, it's flawed, it's everything that the new open Apple, the new
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more open Apple is about.
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So, I only have a few questions about it. First of all, in what part of a Ferrari does
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an iMac fit?
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They have a lot of cars. Here's the rule of thumb. If you have a Ferrari, it is not
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your only car.
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That's fair. Okay. Second question. Can you imagine being Federighi and basically
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being like the tech support team for the entire company?
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I wonder if that's like a power move. Like, do you have something wrong with Apple Music?
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Do you like drive your computer over to Eddie's house?
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I feel like it's unfair because all of Eddie's stuff is all cloud and services. Like, you
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you can't really drive a broken iTunes store request over to Eddie's house.
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Well, you just bring your computer and say, "Why is all my album metadata messed up? Fix
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this." And you come back on Monday and you say, "Is it done? Did you fix my album metadata?"
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I think it's even funnier to imagine like, you know, you're Craig Federighi, you're like
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sitting down at dinner with your family and you know, you hear this like loud, you know,
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V12 pull up on the driveway like, "Oh God, again?" "Oh, it's Eddie again. Hold on everyone."
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Does he have the 599?
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I don't know.
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I don't know if Ferrari's wanted to even...
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I was just guessing there was probably a V12 one.
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Is there only one?
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There's only one.
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Well, there's the FF.
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Is that the V12, Casey, do you remember?
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I thought so, but I too am not an encyclopedia of Ferrari.
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There's two front-engine V12s, I think.
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One of them's really ugly and four-wheel drive.
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That's the FF.
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Is that even a Ferrari?
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It really is.
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If it's ugly and four-wheel drive?
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It still is.
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John would suffer through.
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Oh, I wouldn't if I got that I would sell it immediately and buy a better one.
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Ah, man. Anyway, we should probably do some follow-ups, shouldn't we?
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Tell me about Figma, which I don't even remember talking about.
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It was that vector thing, remember that app that was gonna let you draw vectors in a different way?
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And I said on the website, basically they had a big sign-up button instead of a big download button.
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So I was like, oh, there's nothing to download.
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You know, like, you can sign up and I guess they'll tell you more when it's ready.
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Like, as in, the thing wasn't out yet.
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And David Klein tweeted to say that he said, "I believe Figma is 100% in the browser.
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Nothing to download."
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So when it does arrive, apparently it's going to be a web app.
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But I still think you can't yet try it.
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But anyway, if I can try it for free online, I definitely will, because I'm interested
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in how it's going to work.
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So, fair enough.
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That was quick and easy.
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And why don't you tell us about everyone's favorite font, Comic Sans.
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Yes, a friend of the show and a flophouse adjacent microcelebrity, John McCoy, and a
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friend of mine, pointed out that in all our discussion of Comic Sans, or Microsoft Bob
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rather, we didn't mention that Comic Sans, the much hated font, was created for, but
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not shipped with Microsoft Bob.
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So you can read the Wikipedia entry on Comic Sans and you will see that it was created
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to try to fit in with the Microsoft Bob world, which explains why it's so awful.
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But it didn't make it in time so it didn't ship with it.
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So yet another thing you can blame on Microsoft Bob.
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Have you ever used Microsoft Bob, Jon?
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I don't think so.
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I think I only, I've read about it in magazines when it came out, but I don't, I don't, I
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didn't have a PC obviously and none of my friends who had a PC had it.
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All right, Jon, stop listening for a second.
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Casey, we have to, for April Fool's Day, somehow find a way to put Microsoft Bob on
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a computer in Jon's office.
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I don't remember using it.
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I bet you I did at some point, but I don't remember having done so.
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I installed Windows 8 on a VM on my Mac.
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That felt really weird.
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Well, to be fair, Windows 8 felt really weird to Windows users also.
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You ever try doing an edge swipe with a mouse cursor on a windowed VM?
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It's really hard.
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Again, in all fairness, doing everything in Windows 8 is really hard.
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Well, just remember that was my life, boys, until just a couple weeks ago.
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Oh, congratulations again for getting out of that.
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- I'm so happy, I really am.
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Anyway, we are done with follow up, are we not?
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- That's it?
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- That's it, just two small items.
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- Wow, look at us go.
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Let's celebrate by talking about something awesome.
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- So there's been big breaking news
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that has happened since we recorded last.
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And I think it's important we talk about it.
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Microsoft has bought Xamarin.
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- I'm sorry, I just, yeah.
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That news is fine.
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I really appreciated your intro there.
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- I didn't think much about Xamarin,
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but if you had asked me,
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hey, does some company own Xamarin now?
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I would have maybe guessed Microsoft.
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I know like, didn't NetWare own them at some point?
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- Something like that, yeah, yeah.
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- But I had basically, honestly,
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I had lost track of who owned them,
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and they've been so closely associated with Microsoft
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that if you had told me, oh yeah, no,
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Microsoft owns Xamarin, I would have been like,
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oh yeah, that sounds right.
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So the fact that Microsoft bought them
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makes sense to me, I think.
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- Yeah, so let me catch everyone up.
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So Xamarin was originally called Mono,
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and it was an open source re-implementation of .NET
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that was designed to bring .NET to other platforms.
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And initially this really meant Linux,
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but over time it became more about allowing you
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to write .NET code, usually C# code,
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that ran on Android and iOS.
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And I looked at it way back when it was mono one,
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or I'm sorry, it was a long time ago,
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right when they first started supporting the iPhone,
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I forget what version that was.
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And as we've talked about a handful of times on the show,
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it felt like exactly how I would have written
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bridging platform to go between the world of C# and iOS. That's a compliment. It felt
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really, really good. Now it's still a total hack, but it felt like it was really well
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designed and really, really well done. And so Microsoft has since bought Xamarin, which
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again used to be called Mono, so now it's being folded into Microsoft. And this is kind
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of an extension of what they did a year or so, maybe two years ago, when they open sourced
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a lot of the .NET framework.
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So in part, see that Xamarin and other people like them could
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use Microsoft code in order to get the bits of .NET they needed,
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and then Xamarin could go back to doing the thing they were good at,
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which was just building that cross-platform layer.
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So Microsoft is buying Xamarin.
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We'll see what that means.
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This reminds me of our conversations in
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the past about Project Islandwood,
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which was/is, I haven't really kept up with it,
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a cross-platform setup that Microsoft had to bring iOS apps onto Windows 10. I think
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that's mostly died. Is that true?
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Was it ever alive? I mean, I know they released that in some form, and I know people looked
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at the code and it was horrendous and full of tons of temporary hacks and to-do implementations
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and everything.
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Well, because wasn't it like a re-implementation of UIKit on top?
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That was the idea. I remember it didn't come out right after Swift was announced and
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is not compatible with Swift at all. So there was that issue. The other issue is that it
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tries to be a layer so that you can port your iOS app right over to Windows Phone or Windows
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in general. I don't know which version of Windows, but right over to Windows something
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or other. It would just re-implement all the basic iOS frameworks. I honestly have not
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heard of anybody using it for any reason. I mean, the reason why iOS developers are
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not making their apps for Windows is not because we can't cross-compile them, it's because
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we don't care because there's not enough of a market. Literally. I mean, I'm not
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trying to be mean. It's like, if we wanted to make apps for those platforms, we would
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just make them correctly, using their native tools and their native apps. The fact that
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that there is this weird half-compatibility layer
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that is kind of half-baked and kind of half-works
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and is probably only half-supported by anybody,
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that's not really gonna change anyone's mind meaningfully.
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That might help out a couple of consultants
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on really tight time constraints,
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but even then, are the clients even asking for Windows apps?
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There just seems like there is so little demand and will
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for people to make Windows apps.
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this is not going to meaningfully change that.
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- You know, if this was the 90s,
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the old story was like,
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don't bother trying to make a Linux compatible implementation
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of the common language runtime or .NET,
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because you're just playing into Microsoft's trap.
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And even though Microsoft says all these things about,
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oh, you know, cross-platform runtime,
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virtual machine environment, C#, blah, blah, blah,
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really what they're just trying to do is trap you.
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So that's why the Linux computer always kind of
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looked at them, you know,
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with a little bit of warily saying,
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I don't really want to make any Linux apps using this Microsoft
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No, no, it's not a Microsoft technology.
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It's totally open.
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It'll be just like, eh, I don't know about that.
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And if we were still in the '90s and Microsoft was still
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that company that everyone was scared of
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and everyone suspected they were going to embrace, extend,
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extinguish, all this other stuff,
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what everyone would be saying was, see,
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we were really smart not to try to build anything in Linux
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based on the common language runtime or .NET.
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Because if we did, now Microsoft bought them,
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and guess what?
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cross-platform stuff that they were doing before. Well, that's all over now. And everything that is
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in Xamarin is going to become Windows only and nothing's going to be cross-platform anymore
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because, you know, it was just like it was a trap, basically. Get people to distract Linux,
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which was a big threat to Microsoft in their own mind back in the 90s, and to use Microsoft
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technologies and then take those technologies away and make them proprietary from that point on.
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But of course, the modern Microsoft buying Xamarin for exactly the opposite reasons,
00:13:56
◼
►
because they're a company that has shown that they're good at doing things cross-platform,
00:14:00
◼
►
and the new Microsoft wants to sell whatever it is they have to sell to as many people as possible.
00:14:06
◼
►
And they're moving away from "the only way to get this is to get it on Windows."
00:14:10
◼
►
You know, Azure Web Services are an example of courting iOS developers and stuff to you.
00:14:15
◼
►
You can use these web services with your iOS app. They'll sell anything to anyone because they think
00:14:21
◼
►
they have valuable things and they're no longer in a position where they can say,
00:14:25
◼
►
we have valuable technology and the only way you can get it is to be Microsoft and Windows
00:14:29
◼
►
and proprietary from top to bottom because nobody does that anymore. It's not even an option. So
00:14:34
◼
►
I think this purchase of Xamarin would have blown the minds of Linux advocates in the 90s,
00:14:39
◼
►
the idea that they're buying them because they're so good at cross-platform stuff,
00:14:42
◼
►
and that surely what they're going to do with those people and that technology is
00:14:46
◼
►
more cross-platform things, not like "oh now finally we can stop people from using our technology
00:14:52
◼
►
to do anything except for make apps for our platform.
00:14:55
◼
►
- So here's a question.
00:14:56
◼
►
I don't, you know, I haven't looked too much into this,
00:14:59
◼
►
so forgive me, but, you know, back in the '90s
00:15:03
◼
►
when Sun Microsystems made this really, really expensive
00:15:07
◼
►
custom proprietary hardware and software
00:15:10
◼
►
to run custom Sun boxes, and then Sun invented Java,
00:15:15
◼
►
and Java is seen by many as kind of a big strategic blunder
00:15:19
◼
►
by Sun because the whole point of Java
00:15:21
◼
►
is to make proprietary platforms and hardware
00:15:23
◼
►
completely irrelevant and marginalize them
00:15:25
◼
►
and make the same software run everywhere.
00:15:27
◼
►
And so many people think that was Sun
00:15:29
◼
►
kind of eroding their own company's strong points
00:15:33
◼
►
and their own revenue sources.
00:15:35
◼
►
Trying to apply that today, I mean,
00:15:38
◼
►
what does Microsoft get big picture-wise, long-term-wise,
00:15:41
◼
►
what do they get out of making Linux servers
00:15:45
◼
►
a first-class platform for .NET development?
00:15:49
◼
►
because right now, Microsoft makes a big portion
00:15:52
◼
►
of their revenue with Windows servers
00:15:55
◼
►
and Windows server-side components and licensing from that.
00:15:58
◼
►
And how does that, obviously with Satya Nadella's
00:16:03
◼
►
new leadership focused more on services and enterprise stuff
00:16:06
◼
►
it seems like this might be the opposite
00:16:08
◼
►
of what they wanted to do, right?
00:16:10
◼
►
It seems like this is long-term,
00:16:12
◼
►
removing them from being required to use their tools.
00:16:16
◼
►
So now, you know, like the server-side stuff,
00:16:18
◼
►
now, like before, one of the biggest reasons why people would buy Windows servers was not
00:16:24
◼
►
because they're particularly amazing, but because they had to to run their .NET server
00:16:28
◼
►
stuff because the .NET stuff was what they were comfortable developing in or what they
00:16:32
◼
►
used already or what was best for them for whatever reason. So Windows had a lot of,
00:16:36
◼
►
or Microsoft had a lot of server-side software sales from people who were kind of forced
00:16:40
◼
►
to use Windows server who might have chosen Linux if they could have. And with these,
00:16:45
◼
►
And the Mono project and then the Xamarin thing,
00:16:49
◼
►
like this is not new, but it's always kind of been
00:16:53
◼
►
like a second class citizen.
00:16:54
◼
►
It was always kind of like, well,
00:16:56
◼
►
if you were the IT manager,
00:16:57
◼
►
you probably wouldn't choose that
00:16:59
◼
►
'cause you'd be scared of compatibility or whatever.
00:17:01
◼
►
So how does it help Microsoft now
00:17:04
◼
►
to have Linux be or become soon a first class citizen
00:17:09
◼
►
to run their server side stuff,
00:17:12
◼
►
which means nobody needs to buy Windows servers anymore.
00:17:15
◼
►
- Why does it help Apple to open source Swift,
00:17:19
◼
►
or let me rephrase, why does it help Apple
00:17:22
◼
►
to make Swift compatible with Linux?
00:17:24
◼
►
That's a better question.
00:17:26
◼
►
- Well, I think first of all, that Apple needs Swift
00:17:30
◼
►
on Linux because they need to run their own services on it.
00:17:33
◼
►
I think that's a big thing right now with Apple
00:17:35
◼
►
is that their services are built on what is rumored
00:17:41
◼
►
be a lot of web objects and old Java stuff and just like kind of just like old stuff
00:17:45
◼
►
that is that either is not maintained anymore or is maintained only by Apple or is not the
00:17:50
◼
►
right tool for the job or is just in disrepair and so I think Apple really wants Swift on
00:17:56
◼
►
Linux for themselves for their own service division. With Microsoft I don't know how
00:18:01
◼
►
much they need I don't know I don't know if that's why I'm asking like this this is I
00:18:04
◼
►
don't know if this is necessarily even a good question but just like is this a good idea
00:18:08
◼
►
for Microsoft long term to make Windows Server unnecessary.
00:18:13
◼
►
- But they don't make their money off Windows Server
00:18:15
◼
►
as much as they make it off Exchange licenses
00:18:17
◼
►
and Office licenses and stuff.
00:18:19
◼
►
Oracle is a great example.
00:18:22
◼
►
Oracle is an enterprise software company
00:18:23
◼
►
that makes tons and tons of money.
00:18:26
◼
►
And they don't sell, they don't force you
00:18:29
◼
►
to buy an operating system.
00:18:30
◼
►
I mean, they do have Oracle Enterprise Linux, right?
00:18:32
◼
►
But it's Linux, right?
00:18:34
◼
►
They don't sell hardware.
00:18:36
◼
►
they're just selling you their software and it's qualified in certain pieces of hardware and there's
00:18:40
◼
►
relationships with people who will sell you the hardware and what OS you should have or whatever.
00:18:44
◼
►
But when you sell, what they're gonna, what they want to sell you is an exchange license for a
00:18:50
◼
►
certain number of people or whatever. And it's not as if doing this makes it more likely that there
00:18:56
◼
►
will be a successful exchange competitor. Like Google's always tried to do with Google Apps and
00:18:59
◼
►
everything, which is an entirely different approach and much more server side. But as far as Microsoft
00:19:03
◼
►
is concerned. You mentioned like Apple, like, oh, Apple has its own Linux server. So of course,
00:19:06
◼
►
they want Swift on Linux. It's not unreasonable to imagine that Microsoft might decide kind of like,
00:19:13
◼
►
I mean, you were talking about Sun before, one of the things that did Sun in was Linux, right?
00:19:18
◼
►
The idea that you can only run Exchange on a Windows server, it's crappy for kind of everyone,
00:19:24
◼
►
including Microsoft. Would Microsoft ever want to, you know, can you imagine a world where Microsoft
00:19:29
◼
►
sold you Exchange and Office, all of which ran on the Linux of your choice, but there's a couple
00:19:34
◼
►
that Microsoft recommends, including maybe a Microsoft variant of Linux. Sure. Because
00:19:38
◼
►
if that means that Microsoft doesn't have to spend money maintaining a proprietary server OS
00:19:43
◼
►
that was never quite as good as Linux anyway, then that's a win. And that's sacrilege in like
00:19:47
◼
►
the Steve Ballmer thing. What are you talking about? Windows is the crown jewel and blah, blah,
00:19:50
◼
►
blah. But this is a brave new world here. And if you're really going to do services,
00:19:54
◼
►
you can't be tied to a particular server platform, especially when it's one that's like,
00:19:59
◼
►
more difficult to manage. It has fewer companies behind it. I mean, Linux is basically
00:20:03
◼
►
raced across the entire server-side ecosystem, erasing every single proprietary competitor,
00:20:09
◼
►
so much so that former proprietary competitors say, "Okay, well, we'll just have our own variant
00:20:13
◼
►
of Linux." And everyone's okay with that. And just like that's, like that part of the ecosystem has
00:20:18
◼
►
not been become the part where you make your money. And an enterprise has never been. You
00:20:21
◼
►
You make your money off support contracts and licensing and charging per seat or per
00:20:25
◼
►
CPU or whatever the heck you do.
00:20:27
◼
►
You don't make it off selling them hardware boxes or OS licenses.
00:20:31
◼
►
Yeah, I couldn't agree with that enough.
00:20:33
◼
►
I remember being tangentially involved with pricing quotes for things like SharePoint
00:20:39
◼
►
and BizTalk and all of these big, big, big software packages that are not the server.
00:20:45
◼
►
These are the things you're installing on Windows Server.
00:20:48
◼
►
And I can't remember the details now, but oftentimes it was by processor, then when
00:20:52
◼
►
multi-core processors became a thing, I think at some point some software might have been
00:20:57
◼
►
moved to a bi-core installation cost.
00:21:01
◼
►
So if you have a 15-core computer, that doesn't make any sense, a 16-core computer with, you
00:21:06
◼
►
know, I don't know, four processors, then you're paying 16 times whatever the single
00:21:13
◼
►
they make absurd amounts of money off of the software, just comically large amounts of money
00:21:18
◼
►
off the software. And to come back to one of your original questions, Marco, like why would—what
00:21:22
◼
►
is Microsoft in? What do they get out of this? I think what Microsoft gets out of this is,
00:21:30
◼
►
it would be neat for them if writing C# was kind of the lingua franca of server-side programming.
00:21:40
◼
►
And obviously there will never be one language that's the standard language of server-side
00:21:44
◼
►
programming, but in the same way that Java is huge today, in part because it's open source,
00:21:51
◼
►
so much of .NET is going open source now that why couldn't .NET be the new Java in the future?
00:21:57
◼
►
**Matt Stauffer** Because it's the old Java?
00:21:59
◼
►
**Jared Stauffer** Well...
00:22:00
◼
►
**Matt Stauffer** That's better than the old Java.
00:22:01
◼
►
**Jared Stauffer** It's a lot better than the old Java.
00:22:02
◼
►
**Matt Stauffer** It has better support, you know what I mean?
00:22:04
◼
►
Especially now that Sun has been gobbled up and everything, like who is...
00:22:09
◼
►
I mean, I guess Java lurches forward. But if anyone was going to compete against Java,
00:22:13
◼
►
as like he says, the sort of default safe enterprise server side language, it would be C#.
00:22:19
◼
►
And part of the thing that's been hurting Microsoft's story is, yeah, but then we got to
00:22:24
◼
►
buy Windows servers. And everyone knows that feeling, like, especially if you have an organization
00:22:28
◼
►
that has all their other servers that are Linux based and everyone's happy with them. And they're
00:22:31
◼
►
all they have an entire organization built up around managing those servers. They like the idea
00:22:36
◼
►
that they can buy different hardware from different vendors and change, you know, different
00:22:40
◼
►
distributions and everything like that. And then someone comes in and says, "Hey, you guys should
00:22:44
◼
►
use T# and write all your server-side stuff in T# using this server-side framework and this and that."
00:22:49
◼
►
It's like, "Oh, but then we have to introduce Windows servers." Nobody wants that. Like,
00:22:52
◼
►
you can't really mix. It's almost like they keep those people separate. Like,
00:22:55
◼
►
you have one set of people who manage the Linux-based servers and one set of people who
00:23:02
◼
►
manage the Windows-based servers. And I don't know if you bring those people to the same room that
00:23:05
◼
►
that they will just collide and annihilate.
00:23:09
◼
►
I think the other thing we should say, a couple of quick notes. First of all, C# is a great
00:23:14
◼
►
language. It really, really is. I know there are going to be people out there who are rolling
00:23:17
◼
►
their eyes, but truly, C# is a wonderful, wonderful language that can be many, many,
00:23:22
◼
►
many different things to many, many, many different people. I've been writing a lot
00:23:26
◼
►
of Swift over the last couple of weeks, and I'm really loving Swift, but C# is also a
00:23:32
◼
►
truly wonderful language and fixes many of the ills that Java brought to the table.
00:23:38
◼
►
And let's assume for a second that your firm or your staff is really into C#.
00:23:46
◼
►
Maybe they've never touched Microsoft servers, but they're really into C# and they think
00:23:51
◼
►
to themselves, "Man, I really want to go to the cloud with this C# instead of staying
00:23:56
◼
►
on-premise with Linux or on-premise with Microsoft.
00:23:58
◼
►
It doesn't matter."
00:24:00
◼
►
What cloud environment should we go to?
00:24:03
◼
►
We could just go to Azure, which probably will do very well with a C#-based deployment.
00:24:10
◼
►
And even if Azure is Microsoft's service behind the scenes, who cares, because you don't have
00:24:13
◼
►
to worry about it.
00:24:14
◼
►
So anyway, so I think that there's plenty to gain from Microsoft by doing this, but
00:24:20
◼
►
we'll see what really ends up happening.
00:24:22
◼
►
I don't know how much Xamarin specifically will make a difference, but the idea of Microsoft
00:24:26
◼
►
pushing to being everywhere or to having C# everywhere, I think is a good thing.
00:24:32
◼
►
Jon, any other last thoughts?
00:24:33
◼
►
Yeah, one minor point. Speaking of both Oracle and Sun, yes, of course, Oracle was the company
00:24:39
◼
►
that bought Sun, which means that Oracle does actually sell hardware now because Sun used to
00:24:42
◼
►
sell hardware and now Oracle sells hardware through Sun. So they sell ZFS storage devices
00:24:46
◼
►
and stuff like that. Ding!
00:24:47
◼
►
Does that count? Does that count?
00:24:50
◼
►
Yeah, does that count as a ding?
00:24:52
◼
►
ZFS storage devices? There are file systems on them.
00:24:55
◼
►
I don't think it counts, but that's a tough one.
00:24:58
◼
►
All right, I rescind. I rescind my ding.
00:25:00
◼
►
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00:26:31
◼
►
- Yeah, so there's been some interesting things going on
00:26:34
◼
►
with the United States government and Apple.
00:26:36
◼
►
And I don't even, do we really need to recap this?
00:26:40
◼
►
I guess we probably should give the short, short version.
00:26:42
◼
►
- An overview would be helpful
00:26:44
◼
►
for people who listen in the future.
00:26:46
◼
►
- Yeah, although anyone listening to the story in real time,
00:26:48
◼
►
as we noted, this story came out
00:26:50
◼
►
right after we recorded last week, so presumably everyone listening to the show, when it's
00:26:53
◼
►
released, knows all these details, but we should summarize.
00:26:57
◼
►
Is that mean I'm the one summarizing? I can take a crack at it real quick.
00:27:01
◼
►
You do seem to be the chief summarizer on the show. Maybe Jon—you and Jon are close
00:27:05
◼
►
for that, I don't know. Co-chief summarizers?
00:27:08
◼
►
I'm certainly not, so I know I'm safe. I can sit back here and drink my tea.
00:27:10
◼
►
All right, how about I'll take a stab at it here, and you guys can interrupt when you're
00:27:16
◼
►
So there was a terrible, terrible, terrible shooting in December, I believe, of last year
00:27:22
◼
►
in San Bernardino, California. A couple of people took it upon themselves to commit this
00:27:28
◼
►
really heinous act and kill a lot of people. And that's really, really terrible. And there's
00:27:31
◼
►
no discussion about that. It's terrible. It was a terrorist act. It's something that's
00:27:38
◼
►
really unfortunate. These two people, suspects, perpetrators, whatever we'd like to call them,
00:27:44
◼
►
One of them, it was I believe a husband-wife pair, the husband had two phones, two iPhones
00:27:49
◼
►
as far as we know.
00:27:50
◼
►
One of them was destroyed, that was his personal phone, his wife's personal phone also destroyed.
00:27:55
◼
►
He also had an iPhone 5C that was issued to him by his job, which coincidentally is the
00:28:00
◼
►
San Bernardino government.
00:28:03
◼
►
The iPhone 5C has a passcode on it, and it is quite possible that it could be set up
00:28:11
◼
►
such that if you enter the passcode incorrectly 10 times in a row, it will nuke everything on the
00:28:16
◼
►
phone. The iPhone is in the custody of the Federal Bureau of Investigation, the FBI. The FBI wants
00:28:24
◼
►
what's on that phone, but they can't get to it because it has this passcode. It could have the
00:28:30
◼
►
destruction setting turned on such that if they enter the wrong code 10 times, it will destroy
00:28:36
◼
►
itself or destroy all the data.
00:28:38
◼
►
Additionally, they were advised by Apple at some point or another, "Hey, we have iCloud
00:28:46
◼
►
We don't have any from the last six or so weeks.
00:28:48
◼
►
I forget exactly how many.
00:28:49
◼
►
It doesn't really matter.
00:28:51
◼
►
We don't have a recent iCloud backup.
00:28:53
◼
►
We have a semi-recent one."
00:28:56
◼
►
And what you should do is you should take the phone and bring it to this guy's work,
00:29:00
◼
►
where presumably there is a known Wi-Fi network.
00:29:05
◼
►
you should turn the phone on and just let it sit overnight, plug it in, let it sit overnight.
00:29:08
◼
►
And presumably, if everything has been set the way it usually is set, that will back
00:29:13
◼
►
up—the phone will back itself up to iCloud one more time, and it—the implication from
00:29:19
◼
►
what we've read is that not everything in iCloud is as well encrypted as perhaps we'd
00:29:23
◼
►
like it to be. Thus, Apple could get to that data and hand it over to the FBI and everyone's
00:29:29
◼
►
I'm actually—honestly, I'm pretty sure from Apple's point of view, nothing in iCloud
00:29:33
◼
►
is encrypted. So there's—
00:29:34
◼
►
- It may be.
00:29:35
◼
►
- You can do the encrypted backups through iTunes
00:29:38
◼
►
on your desktop and it's off by default.
00:29:39
◼
►
So for a while, as we all learned,
00:29:41
◼
►
whenever we get a new phone or our phone would die,
00:29:43
◼
►
we'd have to get a replacement one,
00:29:45
◼
►
we'd have to reenter all of our passwords.
00:29:47
◼
►
And the reason why is because anything that's encrypted
00:29:49
◼
►
on the device in the keychain,
00:29:51
◼
►
which is where all your passwords and stuff are stored,
00:29:53
◼
►
any unencrypted backup does not include those things.
00:29:58
◼
►
So by default, the iTunes backups wouldn't include them
00:30:00
◼
►
unless you check the little box saying encrypt my backup,
00:30:03
◼
►
which we all do, 'cause we are professional iPhone restorers
00:30:06
◼
►
but not everyone knows that.
00:30:07
◼
►
And then with iCloud backups,
00:30:09
◼
►
there is no option to encrypt iCloud backups,
00:30:11
◼
►
at least not today, maybe in the future
00:30:13
◼
►
there will be as a result of this.
00:30:14
◼
►
- Well they are encrypted but Apple has the key.
00:30:16
◼
►
- Well right, so they aren't encrypted to Apple.
00:30:19
◼
►
And so as a result, nothing that's encrypted on the phone
00:30:23
◼
►
in Keychain gets backed up.
00:30:26
◼
►
But almost everything, like any kind of content,
00:30:29
◼
►
text messages I assume would be there,
00:30:32
◼
►
any kind of app data that's marked as being for backup,
00:30:37
◼
►
so documents you've made in apps and everything,
00:30:40
◼
►
those would be included,
00:30:41
◼
►
and Apple had access to all those,
00:30:43
◼
►
and Apple gave access to all of those to the FBI
00:30:45
◼
►
before this even blew up and became a thing,
00:30:47
◼
►
because Apple had access to them through iCloud.
00:30:49
◼
►
- But they only had an older backup,
00:30:51
◼
►
they're several weeks old, it doesn't matter how many.
00:30:54
◼
►
So they advised the FBI and San Bernardino police,
00:30:57
◼
►
take the phone to the San Bernardino government,
00:30:59
◼
►
whatever particular branch this person was in, leave it on overnight, and it'll back
00:31:03
◼
►
itself up to iCloud.
00:31:05
◼
►
At which point, the police and FBI awkwardly grabbed at their collars, pulling them away
00:31:09
◼
►
from their necks, and said, "About that, we might have changed his iCloud password
00:31:17
◼
►
So that phone is going to try to back up to iCloud, maybe, and it's going to see that
00:31:24
◼
►
it doesn't really have the right password, so that's not going to work.
00:31:31
◼
►
So the FBI has decided to ask Apple for a few things.
00:31:36
◼
►
It would like Apple to write a custom build of iOS that, as far as the FBI is concerned,
00:31:43
◼
►
they are happy to be signed in such a way that it would only work on this particular
00:31:49
◼
►
It will allow them to, it will bypass the setting that will self-destruct the encryption
00:31:57
◼
►
after ten failed passcode attempts, so they can attempt as many as they'd like.
00:32:03
◼
►
Additionally, they'd like any sort of time delay to go away, if there is one, and I forget
00:32:08
◼
►
exactly when those came in and when they're there and when they're not, but suffice to
00:32:11
◼
►
say if there is a time delay they'd like it to go away, and additionally they'd like to
00:32:14
◼
►
be able to enter the passcode not by meaty fingers on a screen, but by Bluetooth or Wi-Fi
00:32:19
◼
►
or a cable or any way so that it can be automated with an external computer.
00:32:24
◼
►
The FBI has said we'd like to do it at our place or, Apple if you'd prefer, we can do
00:32:29
◼
►
it at your house.
00:32:30
◼
►
That's fine too.
00:32:31
◼
►
The end game for the FBI is they want to be able to throw a gazillion passcodes at this
00:32:37
◼
►
thing in a very short window of time to brute force their way into it.
00:32:42
◼
►
So that, by some measures, and we'll get into what we think here in a second, but some people
00:32:48
◼
►
People are of the opinion that that's a perfectly reasonable point of view from the FBI.
00:32:54
◼
►
That they only want it for one phone, they only want to do it this once, and they're
00:32:59
◼
►
even willing to have Apple do it in Cupertino, in Apple's own environment, and the FBI will
00:33:05
◼
►
either come to them, or if Apple gives them, like, remote access to a machine that can
00:33:10
◼
►
enter passcodes, the FBI will do it remotely, they don't care.
00:33:13
◼
►
They just want it this one time for this one phone to see if possibly, maybe, something
00:33:18
◼
►
on that will indicate that this was part of a wider terrorist plot rather than a couple
00:33:23
◼
►
of crazy people doing something that is really, really just uncool.
00:33:29
◼
►
That's the FBI's perspective.
00:33:31
◼
►
Apple's perspective is, "Hey, if we do this once, that's establishing a legal precedent
00:33:37
◼
►
that means you can ask us to do this many, many more times.
00:33:41
◼
►
only that, but we would have to write code to do this. And that seems a bit
00:33:44
◼
►
unreasonable to tell us to write a bunch of code to allow you to to brute-force
00:33:50
◼
►
your way into a phone that we've spent a long time trying to make sure that isn't
00:33:55
◼
►
possible. Beyond that, a lot of government entities have come out of the woodwork
00:34:01
◼
►
over the last 48 hours saying, "You know what? If this works for the FBI, we have a
00:34:06
◼
►
bunch of iPhones, we'd like you to do that for two, okay? Cool. Sounds great. So Apple
00:34:11
◼
►
is of the opinion that this is a backdoor. And again, we'll get into what we think in
00:34:15
◼
►
a second, but Apple says this is a backdoor, and in fact, just earlier today, Tim Cook
00:34:20
◼
►
did a special with ABC News where he used the analogy that creating this is like creating
00:34:27
◼
►
a software version of cancer.
00:34:28
◼
►
Which, by the way, I think a virus would be a better analogy there.
00:34:33
◼
►
Didn't test as well.
00:34:35
◼
►
Yeah, I thought he hammered that analogy a little too hard, because it isn't that great
00:34:41
◼
►
He had a handful of talking points, and unfortunately the interviewer had more than a handful of
00:34:45
◼
►
questions, so it was just like, after the first round, it was like, "Which one of my
00:34:49
◼
►
talking points am I going to use as a reply for this question?"
00:34:52
◼
►
Yeah, it was the same thing just over and over and over again, which is really too bad.
00:34:56
◼
►
But in any case, so Apple is of the opinion, this is a backdoor, once we've done this once,
00:35:01
◼
►
we're going to be asked to do it a thousand times.
00:35:03
◼
►
We don't think it's fair to do it even once.
00:35:05
◼
►
We don't think it's fair to us.
00:35:06
◼
►
We don't think it's fair to our customers.
00:35:08
◼
►
We're not into it.
00:35:09
◼
►
So Apple is saying, we're not going to do it.
00:35:12
◼
►
And more than that, Tim Cook said in this interview, we are willing to go all the way
00:35:18
◼
►
to the Supreme Court fighting this because we think that's what's right.
00:35:21
◼
►
Is that a pretty reasonable summary of where we are today?
00:35:24
◼
►
Yeah, pretty much.
00:35:25
◼
►
- Pretty much, I mean like, there's a lot more detail here
00:35:28
◼
►
that we could just, just by stating everything
00:35:30
◼
►
we have either learned or that's been talked about
00:35:33
◼
►
over the last week or so since this really broke,
00:35:36
◼
►
we could fill the whole hour and a half with this
00:35:39
◼
►
and we shouldn't because it'll take too long.
00:35:41
◼
►
I think let's assume that everyone who wants to know more
00:35:44
◼
►
about this will go and read up on whatever's new
00:35:46
◼
►
and whatever has happened so far,
00:35:48
◼
►
and I think it's probably safe for us to talk about it now
00:35:51
◼
►
rather than just keep going over the details of it, right?
00:35:55
◼
►
All right, so what do we think?
00:35:57
◼
►
- It makes me sad.
00:35:58
◼
►
Every part of this makes me sad.
00:36:01
◼
►
There's so much of this that is just like crappy politics
00:36:05
◼
►
playing each other out,
00:36:06
◼
►
and mostly on the government side, honestly.
00:36:09
◼
►
I mean, listeners of this show should know
00:36:11
◼
►
that we do not shy away from criticizing Apple
00:36:15
◼
►
when it is warranted.
00:36:18
◼
►
We will call them out on things that we think are BS
00:36:21
◼
►
or things that we think are worse than they should be
00:36:23
◼
►
or are just not good enough. In this case though, I think Apple is mostly in the right,
00:36:33
◼
►
and not 100% in the right. And again, we should point out also, none of us are lawyers, so
00:36:39
◼
►
I apologize to anybody listening to this who knows more about the law than we do, who's
00:36:44
◼
►
screaming at whatever we don't mention or get wrong. But the one thing that I think
00:36:52
◼
►
makes this a weaker argument for them is that it is technically possible for them to do
00:36:58
◼
►
this. And I wonder in the future, you know, I assume it's already somebody's project
00:37:03
◼
►
at Apple, if it wasn't already. I assume it is now somebody's project at Apple to
00:37:08
◼
►
head an effort to actually make this impossible to do in the future, to remove their technical
00:37:13
◼
►
ability to do anything like this. And there are a number of ways that they could do that,
00:37:17
◼
►
number of challenges to that. But ultimately, I think, I mostly agree with Apple that they—I
00:37:26
◼
►
stand with them that they ideally shouldn't do this, but it does weaken their argument
00:37:31
◼
►
a little bit that they can do it.
00:37:33
◼
►
Steven: When you say "can do it," what you mean is—don't let me put words in
00:37:38
◼
►
your mouth, I'm just trying to make sure we're on the same page—what you mean is
00:37:40
◼
►
they could write a custom version of iOS that is specifically for this one and only one
00:37:46
◼
►
phone that would get the FBI what they're asking for.
00:37:50
◼
►
Now, first of all, it is definitely worth reading this article, and please forgive me
00:37:55
◼
►
for the pronunciation if I get it wrong, by Jonathan Ziyarski.
00:37:58
◼
►
He, I don't know him, but he appears to be somebody who specializes in iOS forensics
00:38:05
◼
►
and like testifying in court using iOS forensic tools and creating forensic tools.
00:38:12
◼
►
And his post here kind of explains the legal implications of everything Apple kind of would
00:38:17
◼
►
have to do if they make this instrument, the FBI's demand that they make.
00:38:20
◼
►
I don't think the FBI is really asking for just this one phone to be decrypted once and
00:38:26
◼
►
I think they're asking for the continuous ability to do this whenever it is warranted
00:38:32
◼
►
or whenever there is a court order or a warrant to do it.
00:38:36
◼
►
And even if they aren't asking for that now, that's really what they're asking
00:38:41
◼
►
Even if they're not asking for that in the legal text,
00:38:45
◼
►
that is what will happen here,
00:38:46
◼
►
because this will set precedent,
00:38:47
◼
►
and then it'll be so much easier
00:38:49
◼
►
next time someone asks for this to be like,
00:38:51
◼
►
oh, well, you did it for that.
00:38:52
◼
►
This was just as important.
00:38:54
◼
►
And I think Tim Cook covered that pretty well.
00:38:55
◼
►
Honestly, ultimately, I think his interview on ABC News,
00:38:58
◼
►
I watched it right before the show tonight,
00:39:00
◼
►
I think his interview actually was very good overall.
00:39:03
◼
►
There were some parts that were a little bit uncomfortable
00:39:06
◼
►
and cringe-worthy, but overall, I think it was very good.
00:39:08
◼
►
And I think it came off very well.
00:39:09
◼
►
And I think at a time like this,
00:39:14
◼
►
this really shows the strength of Tim Cook
00:39:18
◼
►
and how we are lucky to have Tim Cook
00:39:21
◼
►
as the CEO of Apple during times like this.
00:39:23
◼
►
- I could not agree more.
00:39:25
◼
►
- This is exactly where he shines.
00:39:27
◼
►
He is clearly, and he's shown us in the past,
00:39:30
◼
►
but this just shows more now,
00:39:32
◼
►
he's clearly very principled
00:39:36
◼
►
and he won't be pushed around
00:39:38
◼
►
if it goes against his principles. And I think this just shows, I mean, you're not going
00:39:43
◼
►
to see any other company or any other executive put up the fight that he's going to put
00:39:47
◼
►
up on this. It's simple as that. I mean, you're not going to see anyone better than
00:39:50
◼
►
Tim fight this on that side of it. That, you know, again, I could nitpick a few little
00:39:55
◼
►
things he said, but overall I thought it was very good. So, honestly, I really do think
00:40:00
◼
►
that Apple is totally in the right to fight this, only again, only with that asterisk
00:40:06
◼
►
that it sure would be better if their actual answer was, "We actually can't technically
00:40:13
◼
►
do this, it is impossible." Because then it's, you can argue whether it should be
00:40:17
◼
►
legal to make things like that, but you can't argue about this case anymore. Then, because
00:40:21
◼
►
everyone's playing off everyone's emotions on this. And Tim did this too with his responses,
00:40:26
◼
►
he kind of had to, but like, you know, the interviewer's like, "Well, think about
00:40:30
◼
►
the victims, the FBI is all about, this isn't about our ability to decrypt phones forever,
00:40:34
◼
►
it's about these 14 families victims. And yes, it is about them. And because this horrible
00:40:39
◼
►
event happened. People were killed. There is no, there's nothing about that that is
00:40:44
◼
►
anything but horrible and a huge tragedy. But the FBI is also using this for their political
00:40:49
◼
►
gain. They knew that. They set this case up as a perfect fighting battleground to fight
00:40:55
◼
►
this issue on that they believe they are entitled. And this is not just the FBI. This is all
00:41:01
◼
►
law enforcement and federal intelligence in America, they believe they are entitled to
00:41:07
◼
►
access any information and any possessions and any people that they want to, that they
00:41:12
◼
►
believe they need to to get their job done, or that they just think might be a problem
00:41:16
◼
►
or might be relevant to crimes that might happen or might have happened. They believe
00:41:21
◼
►
they are entitled to it all. And they get it most of the time. You know, like I made
00:41:25
◼
►
a quick little blog post about this. Look at everything we've learned from Edward Snowden's
00:41:28
◼
►
revelations about the NSA over the last couple years and everything that's spun out from
00:41:32
◼
►
that. It's very clear between that and between things that happen at lower levels of law
00:41:39
◼
►
enforcement where they're just murdering people and getting away with it. It's very
00:41:42
◼
►
clear that the culture of law enforcement in the whole country from national down to
00:41:49
◼
►
local is incredibly entitled and just kind of mad. They operate like a lawless military
00:41:57
◼
►
dictatorship where they are entitled to everything they want in their minds and they usually
00:42:05
◼
►
get it. And even when it's illegal, they do it anyway and they get away with it most
00:42:10
◼
►
of the time, if not all the time. They get away with it almost all the time. So they
00:42:16
◼
►
are above the law in their minds. They believe they are entitled to everything and they'll
00:42:20
◼
►
say it's about national security but that's kind of like angry macho neo-con craziness.
00:42:26
◼
►
In reality, this culture that they have is that they are entitled to everything all the
00:42:31
◼
►
time, whatever they want they're entitled to, to do their job, you know, whatever.
00:42:35
◼
►
They think they're entitled to everything, right?
00:42:38
◼
►
And our country so far, in recent years, if not ever, in recent years, supports that.
00:42:44
◼
►
We support by what judges say, by what the people do and don't get mad about, by how
00:42:50
◼
►
quickly we all forget things.
00:42:53
◼
►
the people and the courts and all the way up to the presidency, everyone in this system
00:42:58
◼
►
is complacent and permits this to happen. So the reality is, it doesn't really matter
00:43:03
◼
►
what's legal here, what matters is what we will tolerate. And they know that, and
00:43:08
◼
►
so that's why they're playing all these emotional buttons, you know, they're talking
00:43:10
◼
►
about the victims and families and Tim's talking about kids being, you know, everyone
00:43:13
◼
►
knowing the location of your kids. This is why this whole thing just makes me so sad,
00:43:18
◼
►
It really does because, oh jeez, I mean,
00:43:23
◼
►
let's just say that there are reasons
00:43:25
◼
►
I don't usually talk about politics.
00:43:26
◼
►
If you think I'm negative and bitter about Apple stuff,
00:43:30
◼
►
this is how I feel about politics.
00:43:32
◼
►
I try to avoid it as a topic for my own happiness and sanity.
00:43:36
◼
►
- I just wanted to make one quick thought,
00:43:38
◼
►
and then I'd like to hear what Jon has to say about this.
00:43:41
◼
►
But as I was watching this interview tonight,
00:43:43
◼
►
which I think was a little bit unfortunate
00:43:46
◼
►
because as you had said, or one of you had said,
00:43:48
◼
►
you know, it was the same talking points from both sides,
00:43:51
◼
►
just repeated over and over.
00:43:52
◼
►
I feel like the entire interview
00:43:53
◼
►
could have been like four and a half minutes long.
00:43:55
◼
►
But anyway, I caught myself sitting there
00:43:58
◼
►
as I'm listening to this, and I thought to myself,
00:44:00
◼
►
this is why we have Tim Cook.
00:44:02
◼
►
You know, this is why Tim Cook is here,
00:44:04
◼
►
is for this very moment right now.
00:44:07
◼
►
Because I don't doubt that maybe Steve Jobs
00:44:09
◼
►
would have fought it the same way Tim is,
00:44:11
◼
►
but I don't know if he would have done as good a job at it.
00:44:14
◼
►
And I am so unbelievably proud of Tim Cook
00:44:18
◼
►
and all of Apple for standing up
00:44:20
◼
►
for what I believe to be right
00:44:21
◼
►
and for doing the right thing
00:44:22
◼
►
because this is not easy for really either side
00:44:25
◼
►
or anyone involved, but particularly for Apple
00:44:28
◼
►
and all the credit in the world to Apple.
00:44:31
◼
►
As you said, we have a tendency to call it like we see it.
00:44:34
◼
►
And sometimes we see it to be not so sunny,
00:44:36
◼
►
but I could not be more proud of Apple and Tim Cook
00:44:39
◼
►
than I am right now.
00:44:40
◼
►
Jon, what do you have to say about all this?
00:44:42
◼
►
- I was thinking about how Steve Jobs
00:44:44
◼
►
to handle that interview. Like, at the very least he would have, I mean, Steve Jobs has
00:44:48
◼
►
more sort of natural charisma than Tim Cook. I feel like a lot of the things when you're
00:44:55
◼
►
watching it, if you are supportive of Apple's position in this, the interviewer would ask
00:45:01
◼
►
some leading question to try to, you know, get Tim to say something. And Tim would just
00:45:06
◼
►
go back to his talking points, not falling for the trap. Jobs would have said the things
00:45:10
◼
►
that we're thinking. Like they sort of, you know, come back at him and, you know, take more digs at
00:45:16
◼
►
the government and law enforcement. Tim was always like, you know, we respect law enforcement, we
00:45:19
◼
►
want to work with them, we want to work together. Jobs would have been, would have let the fact that
00:45:23
◼
►
he is pissed been, you know, be clear that he is pissed at how this is going. You know, Tim Cook
00:45:28
◼
►
got a little bit closer. Now, it's a question of whether that would have been actually better in
00:45:31
◼
►
terms of PR or just, you know, it would have been more satisfying for people who agree with him
00:45:36
◼
►
already. Would it have been any more convincing for people who don't in the court of public
00:45:39
◼
►
opinion, I don't know. So anyway, that's a sideshow. One thing that Marco said that stuck
00:45:45
◼
►
out to me was the idea that this feels worse because Apple can technically do this. And
00:45:51
◼
►
again, I'm not a lawyer, I don't know about the legal consequences, but when I think about
00:45:54
◼
►
it, I think that is not relevant at all. Because legal, question-wise, there's two parts to
00:46:01
◼
►
this. One is what Marco alluded to when he said, "Well, it would be better if they made
00:46:04
◼
►
a system that Apple couldn't break into." Because then Apple would just say, "Well,
00:46:08
◼
►
know, we can't do anything. Oh, well, sorry, we can't help you. Like, technically, we can't
00:46:13
◼
►
help you. There's nothing we could do. All the money and all the time in the world wouldn't
00:46:16
◼
►
solve this for us. That immediately leads to, okay, we're just going to outlaw cryptography,
00:46:21
◼
►
which is a would-be-in-terrible-stupid rule because you can't outlaw math. And, you know,
00:46:26
◼
►
so whatever. So that's one end of that. But that's what I think this case is about. When
00:46:31
◼
►
I think about it is, just because Apple can do it doesn't mean the government can order
00:46:35
◼
►
them to do it. Like, the government can't make any one of its citizens or corporations or entities
00:46:43
◼
►
or whatever do compel them to do something just because they feel like it, right? There has to be
00:46:49
◼
►
established law as in, when we issue you a search warrant, you have to let us search, right? That's,
00:46:54
◼
►
you know, you can't just say, you know, it'd be nice if Apple wrote, you know, a custom operating
00:46:59
◼
►
system to let us crack into this phone. Yeah, that would be nice, wouldn't it? But do you,
00:47:03
◼
►
the government have the power to compel a corporation to do work for you because you
00:47:06
◼
►
think it would be cool? Like that's why this is a legal case like this will be decided in the
00:47:10
◼
►
courts and with legislation and so on and so forth. But the idea like Marco said that law
00:47:15
◼
►
enforcement, you know, they can technically do this. Why don't we just ask them to? Can't we
00:47:19
◼
►
make them do that? Aren't we like in charge here? Like, and the answer is no, you can't really make
00:47:24
◼
►
them and if Apple doesn't want to, they're going to challenge you and you're gonna have to go
00:47:27
◼
►
through the legal system and try to figure out whether this is something you can even ask them
00:47:30
◼
►
to do. So I always think it is as I have in the notes here, cryptography versus conscription. Can
00:47:36
◼
►
you conscript a corporation to write software on your behalf if you are law enforcement?
00:47:41
◼
►
Because you feel like it not based on any existing law on the books or any legal precedent or
00:47:46
◼
►
whatever, just because it's a thing that's possible. And one of the things I think about
00:47:50
◼
►
not this is the same thing at all, but like the idea that individuals and corporations can have
00:47:54
◼
►
rights. The idea that the government can't demand that you testify against
00:48:01
◼
►
yourself, you have the right to remain silent. They cannot compel you to speak
00:48:05
◼
►
against yourself. They may ask you, you know, where you were you on the date such
00:48:09
◼
►
and such and if they're accusing you of something you can just not answer them
00:48:12
◼
►
and they can't compel you to answer because it is you could answer oh it's
00:48:16
◼
►
much worse because you know you have a voice you could answer them if you want
00:48:19
◼
►
why won't you answer the question they can't compel you to because it's your
00:48:22
◼
►
right to keep that in mind. Again, this may or may not be speech or whatever, but the
00:48:26
◼
►
whole idea that someone is capable of doing something does not mean, well, if you're capable
00:48:30
◼
►
of doing it, the government should be able to compel you to do it. That doesn't make
00:48:33
◼
►
any sense. So that has to be sorted out in the law. And then conceptually, since we're
00:48:39
◼
►
late to the story and everyone's gone through all the details and we went through a lot
00:48:42
◼
►
of them already anyway, the thing that really boggles my mind about this conceptually is
00:48:49
◼
►
The short view so many people have, like people who are on the wrong side of this issue, as
00:48:53
◼
►
in people who don't agree with me, right?
00:48:57
◼
►
The incredible short view they have, like just big picture, like pull back from this
00:49:00
◼
►
issue, pull back from this one phone, pull back from details about like how it's been
00:49:04
◼
►
tailor made to set legal precedent and how, you know, like all the details of the other
00:49:10
◼
►
things wanted to decode stuff and whether you can do it with this one phone and think
00:49:13
◼
►
of the children and the terrorist victims and all this other stuff and the details of
00:49:16
◼
►
or whether there's anything on the phone.
00:49:18
◼
►
And also, by the way, the code is probably 111,
00:49:21
◼
►
or 1-1-1-1, or 1-2-3-4.
00:49:23
◼
►
They should just try those two codes
00:49:24
◼
►
and they would be unlocked.
00:49:25
◼
►
But even if they did, they would quickly lock it again,
00:49:26
◼
►
because that's not what this thing is about.
00:49:27
◼
►
- Yeah, I mean, if also, if you're talking about
00:49:29
◼
►
what's most likely--
00:49:30
◼
►
- There's nothing on the phone.
00:49:31
◼
►
- Yeah, it's way more likely that the person's work phone,
00:49:35
◼
►
that they had personal phones that they destroyed
00:49:38
◼
►
or were destroyed.
00:49:40
◼
►
Yeah, it's way more likely the work phone
00:49:42
◼
►
has nothing useful on it.
00:49:43
◼
►
But the FBI knows that,
00:49:45
◼
►
And that's why it isn't about that.
00:49:47
◼
►
It's about, you know, they chose this case to publicize.
00:49:51
◼
►
They chose to publicize it and not do the negotiations
00:49:55
◼
►
in secret where Apple requested.
00:49:58
◼
►
They chose this because they knew that emotionally
00:50:02
◼
►
that the will of the people would probably be on their side
00:50:06
◼
►
because they can play the angles of terrorism
00:50:08
◼
►
and victims and everything like--
00:50:10
◼
►
- Oh, that's what I'm getting at.
00:50:11
◼
►
The will of the people, right?
00:50:13
◼
►
So I would be speaking to the people at this point, the people who don't agree that this
00:50:17
◼
►
is the right thing to do.
00:50:18
◼
►
Just keep pulling back from this case, from this thing, from phones, from encryption,
00:50:23
◼
►
from all the details or whatever, and just think over the last several decades or whatever,
00:50:29
◼
►
the general trend in American government has been people being afraid and looking for anyone
00:50:36
◼
►
who promises to make them safer and giving up rights to get that imagined safety.
00:50:41
◼
►
9/11 on but even before that the whole idea was if you scare enough people and say we can you know
00:50:48
◼
►
someone is going to kill you and your family unless we can tap all your telephone calls and
00:50:52
◼
►
read all your mail and all you can get like whatever it is just just the general trend if
00:50:56
◼
►
you put on a graph you can argue about specifics or whatever but there is no arguing that the
00:51:00
◼
►
general trend has been away from civil liberties and towards government has access to more and more
00:51:06
◼
►
stuff and that has been motivated generally by people being afraid either people making them
00:51:11
◼
►
them afraid or people legitimately being afraid and people taking advantage of that fear to
00:51:14
◼
►
say, "Now we in law enforcement can do our job better because you're afraid. You need
00:51:19
◼
►
to give us these rights." And time and again, law enforcement and government have proven
00:51:23
◼
►
that once they get the rights, they don't give them back. They use them in the ways
00:51:26
◼
►
that they didn't say that they said they weren't going to use them. They abuse them. There's
00:51:30
◼
►
no repercussions for that. And it's a ratcheting mechanism that never slides the other direction
00:51:34
◼
►
and only goes to more and more and technologies enabling to do this. Now, every individual
00:51:39
◼
►
point you can argue with like, oh, do I agree about this? And what about phone wiretapping?
00:51:42
◼
►
What about Snowden or whatever? You can argue every individual point, but when you put it
00:51:45
◼
►
on a big graph, this is a massive trend, a massive long term trend away from civil liberties
00:51:51
◼
►
and towards a loss of individual rights, right? Specifically, when it comes to law enforcement,
00:51:57
◼
►
surveillance and privacy. And so even in this individual case, you just have to like you
00:52:02
◼
►
have to color all of your thinking to say, is should we just continue to play out this
00:52:07
◼
►
thing on these individual battles slowly ratcheting our way up? How does this all end? Such a
00:52:13
◼
►
long slide, you have to at some point say, "There's a limit." You just can't keep asking
00:52:18
◼
►
for more and more and more and generations of people living and dying and just getting
00:52:21
◼
►
used to what the government does until—you just can't keep going in that direction
00:52:25
◼
►
further. It has to be a pendulum. It has to be a cycle. There has to be a swing. And at
00:52:30
◼
►
some point, you have to start swinging in the other direction. At some point, your fear
00:52:35
◼
►
of being killed by terrorists has to be trumped by the, granted, much more intellectual ideas
00:52:40
◼
►
that the country is supposedly founded on of some amount of individual liberty and rights.
00:52:46
◼
►
Does that swing back all in the other direction? We have freedom of speech, but we also have
00:52:52
◼
►
slander laws and can't yell fire in a crowded theater. It's just like the basics of civics
00:52:57
◼
►
101. There are extremes and we've been headed in this other direction for so long that I
00:53:02
◼
►
think that every problem that touches on this you at all has to be viewed in the
00:53:06
◼
►
context of the humongous long clear unidirectional slide that we've been in
00:53:11
◼
►
for so long and so anybody who's for this I have to say don't you know don't
00:53:16
◼
►
think of this individual issue do you agree that this we've been going this
00:53:19
◼
►
direction for far too long at what point do we need to turn around at what point
00:53:23
◼
►
do we need to start swinging in the other direction I think personally we're
00:53:26
◼
►
way past that point but even if you don't think we're past that point if
00:53:28
◼
►
you're not thinking about that point if just every time something comes up that
00:53:32
◼
►
you're afraid of or that you need your, you know, support the troops law enforcement is
00:53:36
◼
►
always right. The government is our friend, blah, blah, blah. If every single time something
00:53:40
◼
►
comes up, you never even occur to you to look at where we're going and how we have to swing
00:53:43
◼
►
into the direction. And I'm far from, you know, a libertarian individual rights nut
00:53:49
◼
►
job type person like I'm far from that. But I'm just saying like, no matter where you
00:53:52
◼
►
are, if you never if you never considered like, this movement, this graph, this spec,
00:53:58
◼
►
then it will never occur. It'll just it and there's no like, oh, it'll be too late. Like
00:54:01
◼
►
there is no too late. It'll just be the new normal, the new normal, the new normal. The
00:54:04
◼
►
only thing we'll have to compare ourselves with is the rest of the world that is hopefully
00:54:08
◼
►
slightly more sane in these matters, although the UK shows maybe not because they've got
00:54:11
◼
►
surveillance everywhere too. Things need to eventually swing back in the other direction.
00:54:17
◼
►
And it just seems like anybody who is at this point against this thing is showing that they're
00:54:22
◼
►
thinking entirely with their heart and their fear and all those things that do them credit
00:54:29
◼
►
in general, but when it comes to establishing legal precedence and giving powers to the
00:54:32
◼
►
government to, you know, rights to privacy, and again, it's all these details, like people
00:54:37
◼
►
don't know these details about encryption and all like, it's too esoteric. It's too,
00:54:41
◼
►
that's why it's the perfect case for the government. It's too, Tim Cook can't make the real case,
00:54:44
◼
►
because it's too detailed and your eyes glaze over and you're just like, but terrorists
00:54:47
◼
►
bad, give the government what they want, right? That is exactly the same thing that's got
00:54:50
◼
►
us doing all the crazy things we've been doing since 9/11. And I just feel like you can't
00:54:55
◼
►
continue to go in that direction forever. Everybody should, at the very least, every
00:54:59
◼
►
time they make any argument about it, they should have to explain why not only is this
00:55:03
◼
►
the right thing to do in this case, but I believe that it is essential for us to ratchet
00:55:07
◼
►
this thing up one more notch. You know, for invading our privacy and for giving law enforcement
00:55:12
◼
►
government more power. In fact, that is essential. And this, because if anyone says it's just
00:55:16
◼
►
this one time or it's just this one thing or whatever, it's like they haven't looked
00:55:19
◼
►
at history, recent history, or ancient history or any kind of history. That's not the way
00:55:23
◼
►
it works. Once someone gets power, they don't give it up again unless you take it from them.
00:55:27
◼
►
Yeah, but honestly, I totally agree. First of all, I think everything you said is gold.
00:55:34
◼
►
But looking at history and looking at the present and the direction and everything,
00:55:42
◼
►
I don't think I see a lot of evidence that it ever really does swing back in the direction.
00:55:47
◼
►
Well, you know, America itself was a swing in the other direction. There was more authoritarian
00:55:52
◼
►
government control under a king than there was under a democracy. There was a huge swing in the
00:55:56
◼
►
other direction. It does go back and forth in cycles. Like you just study history. There are
00:56:00
◼
►
times where the government has more power over its citizenry, and then less power and then more
00:56:05
◼
►
and then less. And, you know, it's clear which direction we're going in now. And it's clear why
00:56:09
◼
►
in America anyway. There's no reason we can't reverse that trend. And you would think like,
00:56:14
◼
►
Oh, well, you know, people like being under the king because it provides a measure of safety. And
00:56:20
◼
►
if we had a king like the Mongol hordes would come and kill them or whatever. There's always
00:56:24
◼
►
some reason to be like, yeah, it's terrible, but it's better than the alternative, right?
00:56:28
◼
►
But at some point, people are like, you know, f the king, we're chopping his head off, and we're
00:56:32
◼
►
gonna have our own system of government or whatever, like we're throwing his tea overboard.
00:56:36
◼
►
Those are big, messy calamities. But there are smaller victories as well. I mean, just look at
00:56:42
◼
►
the Constitution. It's been amended many times to give people more rights and take rights away from
00:56:48
◼
►
the government. Say, you know, previously you could own people, now we think that's not such a great
00:56:53
◼
►
idea. So maybe write that into the Constitution. Or, for example, you can't drink alcohol anymore.
00:56:58
◼
►
No, never mind, you can't. You know, previously, we had the right to stop you from drinking alcohol.
00:57:03
◼
►
Then later we said, no, we probably shouldn't have that right.
00:57:05
◼
►
Yeah, but on the other side of it, like, like, maybe, I mean, first of all, you know,
00:57:10
◼
►
there's different, there's different versions of like, a government that has too much power,
00:57:15
◼
►
that's too oppressive that people revolt against or overthrow. You know, like, it,
00:57:21
◼
►
granted, this is way out of our usual comfort zone, so please forgive me for anything I'm
00:57:24
◼
►
butchering here. But, you know, like, if you think about, like, the way that we are being
00:57:29
◼
►
oppressed by the surveillance and police states here, it's in a way that most people don't
00:57:36
◼
►
care about, because they don't think it affects them. And so, it's hard, like, if
00:57:42
◼
►
the government is taxing the crap out of you, you know, like, or taking your land and stuff
00:57:48
◼
►
like that, like, you know, if that's happening to a whole bunch of people, that's enough
00:57:53
◼
►
to make people revolt, in most cases historically. But if they're just like, you know, keeping
00:57:59
◼
►
records of your text messages in these weird secret things that no one really thinks about
00:58:04
◼
►
or knows about, and then even when we're told they exist, everyone's like, "Eh,
00:58:07
◼
►
well, it doesn't really matter," and then we all forget and go watch The Bachelor,
00:58:10
◼
►
Like, I feel like the ways in which things are going so badly that we're talking about
00:58:16
◼
►
here are ways that people don't care about enough.
00:58:19
◼
►
Well they care about them when there are consequences though.
00:58:22
◼
►
Well but for most people there are no consequences to this that they see.
00:58:25
◼
►
It doesn't matter if it's not consequences for most people for anything, it just matters
00:58:29
◼
►
that there are consequences for somebody.
00:58:31
◼
►
You just need, you just need basically, you need an attractive young person to encounter
00:58:37
◼
►
a problem. You know, like, like, for the same perfect storm that makes these things a great
00:58:43
◼
►
case of the FBI, there's the opposite too. Right? And, and here's the thing that makes
00:58:47
◼
►
me optimistic about it, because in general, despite insane gerrymandering, and all sorts of other
00:58:53
◼
►
things, we still have a system where people vote. And so if people get angry enough, the people who
00:59:00
◼
►
are in power get voted out and new people get voted in. So it's always up to someone else to
00:59:05
◼
►
find a way to exploit the public to get them elected. And people are always motivated to
00:59:08
◼
►
do that. And there are smart people trying to get them elected instead of somebody else.
00:59:14
◼
►
And so there'll always be at least some way for us to effect change.
00:59:16
◼
►
Yeah, but also like, but over time, you know, as technology has progressed, as the world
00:59:22
◼
►
has gotten more, you know, just more kind of globalized, and you know, as everything
00:59:29
◼
►
including manipulation and centralization of power has progressed. What if oppression
00:59:36
◼
►
by government and by police apparatuses, apparati, what if this has actually gotten so good that
00:59:44
◼
►
now they're so good and things are so big and there's so much power concentrated in
00:59:50
◼
►
so few hands these days and the science of manipulating people and manipulating the media
00:59:57
◼
►
and controlling the messaging of everything, that has gotten so advanced. We have gotten
01:00:01
◼
►
so good at concentrating power basically and keeping those people in power that that kind
01:00:10
◼
►
of overthrow or change just doesn't happen anymore. In ways like certain forms of warfare
01:00:17
◼
►
basically don't happen anymore because we as a society have found more effective things
01:00:23
◼
►
cover those needs or wants. You know, certain types of media don't exist anymore. Certain
01:00:28
◼
►
types of legal issues are just not debated anymore. Certain types of freedoms are just
01:00:33
◼
►
assumed that we will either always have or that we will never have. It seems like we've
01:00:37
◼
►
moved forward, we've moved past many of these things and we've advanced so much that I feel
01:00:40
◼
►
like the police states are so in control now of almost every first world country. And so
01:00:48
◼
►
So the combination of the establishment of control here along with these issues usually
01:00:55
◼
►
not bothering most everyday people in ways that they can notice or get mad about, plus
01:01:01
◼
►
the ability for the people who want to keep things this way to very effectively control
01:01:06
◼
►
the media narrative and to have media so centralized that's even possible. I feel like the conditions
01:01:12
◼
►
are such now that a significant revolution can't really happen anymore. Does that make
01:01:18
◼
►
sense? Am I just crazy?
01:01:20
◼
►
You're falling into the Illuminati trap where you imagine that it's possible for
01:01:24
◼
►
a conspiracy of people to actually keep their stuff together and actually be all powerful
01:01:29
◼
►
and controlling. Bottom line, people are people. That's what undoes all of these things.
01:01:34
◼
►
If any grand conspiracy theory requires people to be so much more competent than anyone else,
01:01:38
◼
►
much more intelligent and capable and organized and able to keep secrets and able to like that
01:01:46
◼
►
any conspiracy theory that relies on that is obviously false because that just does not happen
01:01:50
◼
►
there are no better set of people better able to control things and if and that's what i was saying
01:01:54
◼
►
before there may be individual people who are good at that but they're in opposition to each other and
01:01:58
◼
►
also all of them are just plain old people with their own stupid foibles and desires and things
01:02:03
◼
►
that don't make any sense. And that general, the general chaos of people being people means that,
01:02:08
◼
►
in the end, not saying it all works itself out. But like I said, as long as you're, as long as
01:02:14
◼
►
you're not in a military dictatorship in which you have to like have a bloody revolution to change
01:02:18
◼
►
things, as long as we still have some way to change things without taking up arms, which at
01:02:23
◼
►
this point would be non workable anyway. Because seriously, the entire United States population
01:02:30
◼
►
versus the entire U.S. Army if you set up that battle, assuming both sides were highly motivated
01:02:35
◼
►
against each other, which makes no sense because the army is made up of the children of the
01:02:38
◼
►
citizenry or whatever. But anyway, if you can imagine that scenario, we lose every time. Anyway,
01:02:42
◼
►
doesn't matter. As long as voting still functions in some tiny way, which is getting
01:02:48
◼
►
tinier all the time, granted, but as long as it still works in some way, and as long as people
01:02:52
◼
►
are still stupid people with their own weird desires and motivations, that sort of like
01:02:58
◼
►
dystopian sci-fi narrative where the few rule, the Illuminati rule and the Morlocks are just
01:03:07
◼
►
like lulled into a sense of… In many ways, idiocracy is a much more plausible scenario
01:03:14
◼
►
in which everybody is a bunch of dunces. But the idea that the…
01:03:17
◼
►
Well, I feel like the reason that the idiocracy resonates so much and we use it as such an
01:03:23
◼
►
often metaphor in these circles, is because that it like, the way that I'm picturing
01:03:29
◼
►
there being a big problem for any kind of meaningful progress on these fronts is not
01:03:34
◼
►
the Illuminati situation. It's not a big conspiracy theory. If anything, what we've
01:03:40
◼
►
seen over the last, you know, 10, 20 years or whatever, probably longer, what we've
01:03:44
◼
►
seen is that the government or those in power can do audacious things, possibly even things
01:03:52
◼
►
that are illegal, and they can just do them right in the open. And if they message it
01:03:56
◼
►
correctly, which they have found more and more effective ways to do over time, as long
01:04:01
◼
►
as it's messaged correctly publicly, they can get away with it almost every time.
01:04:05
◼
►
But there are people who are motivated to get them out of office. Other people want
01:04:09
◼
►
those jobs, and they have the same tools and knowledge that they're disposable to battle
01:04:12
◼
►
them. If someone does something like that, it's guaranteed when they come up for election
01:04:16
◼
►
and someone wants to run against them, they're going to bring up the thing, and they're
01:04:19
◼
►
they're going to bring it up in the unfavorable angle using all the tricks of the trade and
01:04:22
◼
►
emotional appeals. I think elections, again, not the cure for this, but elections are the
01:04:28
◼
►
hedge against this because all the tools they have to get away with stuff, people who want
01:04:32
◼
►
them out of office have to run against them to do the exact same thing.
01:04:35
◼
►
David ELLIS-COPP: Yeah, but that's also based on a number of big assumptions of A, that
01:04:40
◼
►
the population cares what people say in election debates and everything.
01:04:44
◼
►
David ELLIS-COPP But you have to learn how to make them care.
01:04:46
◼
►
That's how you get elected.
01:04:47
◼
►
You have to do all the tricks in the book to get people – I mean, look at Donald Trump.
01:04:51
◼
►
He's using all the tricks in the borough to get – to win the Republican nomination.
01:04:54
◼
►
He's an idiot, right?
01:04:55
◼
►
How is he doing that?
01:04:56
◼
►
Because he knows how to manipulate and play the game, right?
01:04:59
◼
►
Not that I'm saying he's the greatest person, but like if Donald Trump can get this close
01:05:04
◼
►
to being president, it shows that anybody can.
01:05:07
◼
►
Like you know what I mean?
01:05:09
◼
►
The tools are there for everybody.
01:05:11
◼
►
Everyone has access to Twitter.
01:05:13
◼
►
Everyone can be on a reality show where they say you're fired.
01:05:15
◼
►
can put their face on it. Like, all the tools are there for everybody. And people are constantly
01:05:20
◼
►
hungry to kick out the old guys and bring in the new guys. And they know it's possible
01:05:24
◼
►
because elections happen. And if they can convince you to vote for them, then they get
01:05:27
◼
►
the job and then they can be corrupt and have power and do stuff or whatever, you know,
01:05:31
◼
►
so like, again, in sci fi stories, it's always like, well, or in military dictatorships,
01:05:36
◼
►
or in places like North Korea, where the people have no power, and literally sometimes have
01:05:40
◼
►
no food, right? It's much harder. But in a first world country, with even a remotely functioning
01:05:48
◼
►
government where people get to vote, there was always hope. And even if it's a hope of like, get
01:05:54
◼
►
the current terrible people out and get a different even more terrible but terrible in a
01:05:58
◼
►
different way person in that still hope it's not as if like, it's going to be you know, a military
01:06:04
◼
►
dictatorship where where the the supreme ruler passes it on to his son and so on and so forth.
01:06:09
◼
►
the only way you get out of it is with a bloody revolution or something. So I'm not as pessimistic
01:06:14
◼
►
as you are about it because I think most of the scenarios where it's like intractable
01:06:20
◼
►
and we're never going to escape from it just don't work out in reality because people
01:06:24
◼
►
are just people, like I said. I hope you're right. I am, don't worry. You usually are,
01:06:31
◼
►
so I have some confidence here. You're generally right. I mean, it's not to say that it can't
01:06:35
◼
►
be disastrous, because I think one of the sci-fi stories and scenarios that is plausible
01:06:39
◼
►
is like the one where you get the crazy person like Trump or something in there. Or like
01:06:43
◼
►
the, what is it, um, Firestarter. Anyway, don't want to spoil that book for people.
01:06:49
◼
►
Someone like Trump comes in and then like nukes somebody and we all die. Like, that's
01:06:52
◼
►
always a possibility. But I feel like I lived through that as a child of the 80s and it's
01:06:56
◼
►
like, it's all hat now. The whole world could blow up at any second because of a cowboy
01:07:00
◼
►
in the White House. That's still a possibility, it's still out there, so don't say that
01:07:03
◼
►
not going to happen because it could. But again, that could have happened back in the
01:07:07
◼
►
olden days of the 80s, just as much as can happen with President Trump and terrorist
01:07:12
◼
►
nuking things or whatever. Terrorist nuking things, by the way, is exactly why they want
01:07:15
◼
►
to be able to monitor every single thing you do. Aren't you afraid of terrorists nuking
01:07:18
◼
►
you? Please let me have access to everything in your entire life and you have no rights
01:07:21
◼
►
and we can hold you without trial forever.
01:07:23
◼
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Wow. All right, let's talk about something that's happy and awesome and then I have a
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question for you guys.
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- Real time follow up, I'm gonna blame this on the cold,
01:09:12
◼
►
which by the way I have, hey, have you heard I have a cold?
01:09:14
◼
►
I have a cold.
01:09:16
◼
►
Not fire starter, obviously the dead zone, sorry.
01:09:20
◼
►
Brain fart there.
01:09:22
◼
►
You know, as Donald Trump would say,
01:09:23
◼
►
he can shield himself from an assassin
01:09:25
◼
►
by holding a young child in front of him
01:09:26
◼
►
to still win the nomination.
01:09:28
◼
►
All right, enough politics.
01:09:29
◼
►
- Oh my goodness. - Oh God.
01:09:31
◼
►
Now that I'm sad.
01:09:32
◼
►
- Yeah, seriously.
01:09:33
◼
►
- Is there anything better we can talk about tonight?
01:09:34
◼
►
- Well, I have a question that's related,
01:09:37
◼
►
but maybe less sad, hopefully less sad.
01:09:40
◼
►
Let's assume, well, it's gonna start sad, actually.
01:09:43
◼
►
Let's assume that Apple is told you have to do this,
01:09:48
◼
►
and the world is upset, we are upset,
01:09:52
◼
►
and actually we haven't talked that much
01:09:54
◼
►
about how this relates to the rest of the world.
01:09:55
◼
►
But anyway, everyone's upset.
01:09:57
◼
►
Apple's told they have to do this.
01:10:00
◼
►
And Apple says to its engineers,
01:10:02
◼
►
"You have to do this now."
01:10:05
◼
►
What happens if all the engineers that work at Apple
01:10:07
◼
►
that have any sort of knowledge
01:10:09
◼
►
as to how to make this happen just say no?
01:10:11
◼
►
- Well, they get fired because it's insubordination.
01:10:16
◼
►
I mean, one would assume, I agree.
01:10:18
◼
►
- It's civil disobedience.
01:10:19
◼
►
Civil disobedience is basically like
01:10:21
◼
►
if you refuse to do what the law says you have to do,
01:10:24
◼
►
accept the consequences of it, which is either get fired or go to jail. Like I mean, like, basically
01:10:28
◼
►
if Apple's CEOs refuse to comply with the thing, then they're in contempt of court or whatever,
01:10:33
◼
►
you know, thing and they if the people in charge of the company cooperate and tell their subordinates
01:10:39
◼
►
to do it and the subordinates don't, then the subordinates to get fired for insubordination.
01:10:42
◼
►
It's not as if there's some scenario where that we can all sit on their hands and say, well, you told
01:10:47
◼
►
us to do it. And I told these guys to do it, but they won't. Oh, well, like, court order is a court
01:10:51
◼
►
order and there's consequences for whoever it is that decides to defy it. And they could.
01:10:57
◼
►
Civil disobedience is a way to protest unjust laws. But part of civil disobedience is that
01:11:02
◼
►
you accept the punishment associated with disobeying the laws. And that's part of civil
01:11:06
◼
►
disobedience. So yes, that could happen. But I really doubt it would.
01:11:09
◼
►
Right. I mean, yeah, eventually, like, you know, if Tim Cook was thrown in jail over
01:11:14
◼
►
not obeying a final court order, then somebody else would replace him because the company
01:11:19
◼
►
have to continue operating somehow, and then that person would authorize it. Or they'd
01:11:24
◼
►
go to jail and the next person would. Eventually you'd find somebody who would do it. So that's
01:11:29
◼
►
not really a way out.
01:11:31
◼
►
And really, realistically speaking, they would just do it if they were ordered to. But then
01:11:34
◼
►
simultaneously what they would be doing is, like Mark said before, they're already obviously
01:11:39
◼
►
working on an operating system that they themselves can't hack into, and that just leads to the
01:11:42
◼
►
next legal fight, which is, should it be legal to make these things? Which is another incredibly
01:11:46
◼
►
stupid legal fight that like, at a certain point, law enforcement becomes just so misguided
01:11:51
◼
►
in what they want. Like in some respects, I'd say they're already past that point. I
01:11:54
◼
►
know. But like, when the system is working the way you expect it to, like law enforcement
01:11:58
◼
►
is highly motivated to to get all the powers they possibly can to, to enforce the law and
01:12:04
◼
►
solve crimes, right? It's checks and balances that there has to be some opposing force.
01:12:08
◼
►
The other side says, Yeah, law enforcement, you may want this, but civil rights dictate
01:12:11
◼
►
x, y and z like, and when the checks and balances get out of balance, then we you know, that's
01:12:15
◼
►
why you get this long-term trend and what didn't take much to unbalance it, just giant
01:12:19
◼
►
terrorist attacks on American soil and then it gets all unbalanced, right?
01:12:21
◼
►
Can I also make the minor correction that law enforcement's incentive is not to solve
01:12:26
◼
►
crimes, it's to close cases. Not necessarily solving them, just to close the case. Solving
01:12:32
◼
►
them suggests they're doing it correctly. In the grand scheme of things, again, people
01:12:35
◼
►
being people, the idea is just to obtain power. But whatever, let's not get into motivations
01:12:41
◼
►
and particular disincentives. But anyway, when things are working, what like, what I'm
01:12:45
◼
►
getting at is that it's not necessarily a bad thing to have two parts of your system
01:12:49
◼
►
of government that are in opposition to each other and both highly motivated and doing
01:12:54
◼
►
everything they can. It's a problem when one side keeps winning for decades on end, because
01:12:58
◼
►
then you get, you know, they're not balancing each other anymore. Like there is no more
01:13:01
◼
►
balance, right. But in this case, in the crypto thing, like say, Apple's order to do it, they
01:13:06
◼
►
do it. Two years later, they come up with a new version of iOS that they can't even
01:13:09
◼
►
crack into. Eventually all the old iOS devices would go out of use so no criminals are using
01:13:13
◼
►
them anymore. And of course all the criminals upgraded to the one that Apple can't break
01:13:16
◼
►
into. Similar scenario comes up. Law enforcement has this thing, they want to get into it.
01:13:22
◼
►
Apple can't do it. They're pissed off about it. It becomes a legal issue. You know, the
01:13:28
◼
►
senators and congresspeople who think they can best get elected by scaring their citizenry
01:13:35
◼
►
into thinking this needs to be done, they say, "It's outrageous that an American company
01:13:39
◼
►
can make phones that the American government can't break into. That should not be allowed.
01:13:42
◼
►
And so they propose legislation that makes cryptography illegal, right? And at that point,
01:13:46
◼
►
you would hope someone in law enforcement would realize that it's asinine, right? America can make
01:13:52
◼
►
whatever it wants illegal. You can't get rid of math. Like the rest of the world has the math.
01:13:56
◼
►
People can write programs themselves that make cryptography that in theory can't be cracked by,
01:14:02
◼
►
you know, the world's biggest computers for some, you know, like, that's, you can't unring that
01:14:07
◼
►
bell. Like that exists. And so if you make it illegal, for all that's going to do is
01:14:11
◼
►
make law abiding US companies not do that. But everyone else can do it. Right? And it's
01:14:18
◼
►
a it's a it doesn't help law enforcement, right? And practically speaking, criminals,
01:14:24
◼
►
including terrorists are not as sophisticated as people think they are. But if they wanted
01:14:26
◼
►
to be like, you know, even even this guy's phone, if he had used an alphanumeric password,
01:14:32
◼
►
the government wouldn't the FBI wouldn't be able to ask Apple to crack into it anyway,
01:14:35
◼
►
it would take too long, right? Maybe he did on his personal phone. Yeah, well he destroyed
01:14:39
◼
►
that, so anyway. The way the system should work is American companies should be able
01:14:44
◼
►
to make technology they want with the best, you know, cryptography available to them,
01:14:48
◼
►
and the government should be able to spend its hojillions of dollars in tax money to fund,
01:14:53
◼
►
you know, what are they called, like, not black box budget, but like, you know, budget
01:14:58
◼
►
that you, there's some word for like secret budgets that you're not even allowed to know
01:15:01
◼
►
how much money they spend like Homeland Security and the NSA. By all means, give this iPhone
01:15:06
◼
►
to the NSA's experts and have them break into it using huge supercomputers that you built
01:15:11
◼
►
with taxpayer money. Like if you figure out how to break in, good on you, right? Because
01:15:17
◼
►
that is a proper balance where people get to make better and better cryptography unconstrained
01:15:22
◼
►
by the law and the government, maybe it's a little bit unbalanced, but the government
01:15:26
◼
►
with its huge funding gets to hire the smartest people in the world and build the world's
01:15:30
◼
►
biggest computers to try to crack that cryptography, and yeah, you can have that battle. And that's
01:15:34
◼
►
the way it's worked for, you know, forever in this country, is that the government does
01:15:40
◼
►
have smart people to try to crack things, and people try to make uncrackable things
01:15:43
◼
►
on the outside, and they go back and forth, right? But this is the new strategy of like,
01:15:47
◼
►
"We don't want to do that. It seems hard. Apple, can you just unlock it for us?" And
01:15:51
◼
►
Well, because it isn't about this phone. It's about having easier and faster access to any
01:15:56
◼
►
phone they want.
01:15:57
◼
►
Right, basically to be able to, "I'm the boss of you. I can make you do things." So anyway,
01:16:02
◼
►
if Apple loses this case, Apple will unlock the phone, then Apple will use its lobbying
01:16:06
◼
►
power and its millions and try to rally the tech companies to try to get legislation to
01:16:10
◼
►
make this, you know, like, it'll be the whole political process. But eventually, Apple will
01:16:14
◼
►
make a phone that they themselves can't crack into. And then that will be a political football
01:16:20
◼
►
where it has to be, "Can we try to make this illegal?" Maybe that fight will be, you know,
01:16:25
◼
►
it's the same in all these things you would hope eventually the public will be
01:16:30
◼
►
persuaded that Apple and privacy and cryptography kind of has a point even as
01:16:35
◼
►
esoteric as it is I think eventually it will be understandable enough that a big
01:16:41
◼
►
because like the crypto one you just have to explain to him look making this
01:16:43
◼
►
illegal for Apple doesn't do anything terrorists can do this right now you
01:16:46
◼
►
know it doesn't doesn't matter all it does is mean that it's easier for other
01:16:50
◼
►
people to get into your phone it doesn't make it any easier for people to get
01:16:53
◼
►
into terrorists' phones because A, terrorists don't do important things on phones and
01:16:56
◼
►
B, if they wanted to encrypt things so that no one could get it except for them, they
01:16:59
◼
►
could do it now, they could have done it a decade ago, they have the technology, that's
01:17:05
◼
►
not what's stopping them.
01:17:07
◼
►
You have a lot more hope than I do for our people and our politicians and our law enforcement
01:17:11
◼
►
because everything you just said could apply also to drugs.
01:17:15
◼
►
Like, why make drugs illegal?
01:17:17
◼
►
Then regular people will be penalized for not having drugs but then everyone else will
01:17:21
◼
►
Yeah. And they did it anyway, and look what it's doing.
01:17:26
◼
►
I would make the same big picture argument with the war on drugs, where it's like,
01:17:30
◼
►
regardless of what you may think about an individual issue, what has happened over the
01:17:33
◼
►
past 10, 20, 30, 40, 50 years in terms of the war on drugs and what have the results
01:17:37
◼
►
been? What are the intended goals and what have the actual results been? And maybe pick
01:17:41
◼
►
a different strategy if what you're trying to do is the exact opposite of what you're
01:17:43
◼
►
causing to happen. And that gets into all puritanical, that actually does have deep
01:17:49
◼
►
roots in America, the whole idea of like finding who to blame or punish versus solving the
01:17:53
◼
►
actual problem and yeah, yeah, yeah. This is not a political podcast, we're going
01:17:57
◼
►
into too many issues, but some things do seem really intractable because of the particular
01:18:02
◼
►
nature of America. We haven't even talked about guns, by the way, which I'm sure we'll
01:18:05
◼
►
get feedback about. There's all those arguments, you gave them cryptography, exactly the same
01:18:09
◼
►
arguments you could give for—anyway, we're not going to talk about guns. Anyway, people
01:18:12
◼
►
have opinions, but this—it's kind of a shame that this is weird and esoteric and
01:18:18
◼
►
techy because in that way it probably like Apple could lose this one. Apple is going
01:18:26
◼
►
to lose this one in the court of public opinion. Apple could win it in the legal court but
01:18:31
◼
►
even if Apple like quote unquote wins in court they're gonna come out of this as a company
01:18:35
◼
►
that half of America thinks helps terrorists. There's just no avoiding that. Which is a
01:18:39
◼
►
shame for Apple. It's a shame for people who don't understand the larger implications,
01:18:44
◼
►
don't understand the trends in American life over the past several decades or who agree
01:18:49
◼
►
with it because they're constantly terrified of everything because they watch Fox News
01:18:53
◼
►
all the time, I don't know. Or any news for that matter, let's not just call it that.
01:18:56
◼
►
They watch NBC all the time and all they know is the things that are going to kill them.
01:19:01
◼
►
Yeah, that's a shame. That's a bummer for Apple. I mean, that's got to bum Tim Cook
01:19:06
◼
►
out because I think he's a savvy enough person to know that even if he wins, he loses
01:19:11
◼
►
a little bit in this one.
01:19:12
◼
►
And that's why it's so interesting and admirable here on the side of it that they are standing
01:19:17
◼
►
up for this because the upside for them is not large here.
01:19:23
◼
►
There is almost no upside for them. I don't understand. You could say, "Oh, the upside
01:19:27
◼
►
is that they can sell more people phones." Like Marco said, people don't care enough
01:19:30
◼
►
about this. They're, "I'm going to buy the Apple phone because it's less likely the government's
01:19:33
◼
►
going to..." No one thinks about that. There's barely any upside for that. It is a net loss
01:19:39
◼
►
for Apple no matter how this turns out, I feel like.
01:19:41
◼
►
It's a huge loss. And the silver lining I can see in this, the only silver lining I
01:19:46
◼
►
can really see in this, is that Apple is no stranger to bad press, you know, and to negativity
01:19:56
◼
►
about them and rumors or slight mistruths or even truths about them that just suck being
01:20:04
◼
►
spread in the media very quickly and basically sticking around forever. You know, any kind
01:20:09
◼
►
of iPhone flaw or the quitting your apps thing even,
01:20:14
◼
►
or the idea that they changed the dock port
01:20:20
◼
►
to the lightning port to make you re-buy all your cables.
01:20:23
◼
►
- Don't get me started.
01:20:25
◼
►
- There's negativity about Apple spreads so much
01:20:30
◼
►
in the general population now that,
01:20:32
◼
►
this is not new for Apple,
01:20:35
◼
►
this won't be the only negative thing about them
01:20:36
◼
►
that a lot of people truly or falsely believe.
01:20:41
◼
►
And the other thing is that that might help them here is part of what makes it so hard
01:20:46
◼
►
for things like the Snowden revelations to really stick around in the news cycle, that
01:20:54
◼
►
people will move on.
01:20:55
◼
►
You know, like next week Kanye West will say something and that'll be like, and then
01:21:00
◼
►
all this won't matter anymore.
01:21:01
◼
►
It's like the attention span of the hot topic
01:21:06
◼
►
in American news is so short,
01:21:09
◼
►
especially for something like this where,
01:21:11
◼
►
you know, like the Snowden stuff,
01:21:12
◼
►
where it's kind of complicated,
01:21:14
◼
►
and there's no good solution or end game here
01:21:18
◼
►
that's going to happen,
01:21:20
◼
►
and just understanding the topic in general is complicated.
01:21:23
◼
►
I've had a number of non-geeks bring up this topic
01:21:27
◼
►
in the last week or so since it came out,
01:21:30
◼
►
And every time their reaction is not
01:21:33
◼
►
what is Apple doing to help terrorists,
01:21:35
◼
►
it's what exactly is going on here?
01:21:37
◼
►
'Cause it's a hard topic to understand
01:21:40
◼
►
if you aren't very technical
01:21:42
◼
►
and also haven't read a really good summary of it.
01:21:45
◼
►
It's all very sensationalized
01:21:47
◼
►
and very being boosted by the media here and there,
01:21:52
◼
►
but nobody really, in general,
01:21:54
◼
►
people don't really understand it
01:21:55
◼
►
or don't have a very accurate picture of it.
01:21:58
◼
►
So honestly, I don't think it's going to stick around for very long in the news cycle.
01:22:04
◼
►
I think I'd be surprised if anybody was talking about it two weeks from now.
01:22:08
◼
►
To give some support for your pessimism, Marco, by the way.
01:22:11
◼
►
For issues like this that are technical, that people don't really care that much about,
01:22:16
◼
►
that you need to kind of be into the intellectual or legal side of it to really have it hold
01:22:21
◼
►
your attention because it's too complicated to think about otherwise, very often leads
01:22:25
◼
►
to terrible laws that take a long time if ever to go away. It doesn't mean they'll never go away,
01:22:30
◼
►
it just means that we may all be dead. Some recent examples are like the DMCA, all the weird,
01:22:36
◼
►
you know, stuff involving cable television and breaking encryption on ink cartridges for printers
01:22:46
◼
►
and like all the laws, most of those are done by corporate lobbying, obviously, but laws that are
01:22:51
◼
►
about technical issues like if the if I feel it really feel like if you took any
01:22:55
◼
►
individual American to put them into a room and playing explain the DMCA and
01:22:59
◼
►
the actual consequences of it they would come down on the side that this is a
01:23:02
◼
►
stupid law you know they would understand the motivations but this is
01:23:05
◼
►
not the way to do it because it can be abused in all these ways and look at how
01:23:08
◼
►
it works and blah blah blah but the bottom line is that pass it's still the
01:23:12
◼
►
law of land it's not going away anytime soon eternal copyright another great
01:23:14
◼
►
example you can explain some on that until you're blue in the face you could
01:23:17
◼
►
probably convince pretty much everybody individually but overall people like
01:23:21
◼
►
"Yeah, I don't know, whatever. They should know Mickey Mouse, I guess." Like, no one
01:23:25
◼
►
thinks about the long-term consequences of copyright without end or any, like, outlawing
01:23:30
◼
►
encryption is the one I'm thinking about.
01:23:31
◼
►
The entire patent system?
01:23:32
◼
►
Yeah, the entire patent system, like, outlawing encryption. Would that, can some, could they
01:23:36
◼
►
outlaw encryption despite how stupid it is? Like, I'm hoping that law enforcement realizes
01:23:40
◼
►
that outlawing encryption is pointless and they wouldn't even pursue it. But if they
01:23:42
◼
►
did pursue it, they'd get it, because—
01:23:44
◼
►
Law enforcement is not a culture of trying to understand things.
01:23:50
◼
►
It's not a culture. It's just like some things are, you know, like you need people, sort
01:23:54
◼
►
of subject matter experts thinking about the consequences, and then also pair them with
01:23:58
◼
►
people who are good at convincing other people to do what they say. And that's how you get
01:24:02
◼
►
good law. It's really easy to get bad laws. And we have lots of examples for bad laws.
01:24:07
◼
►
You're just hoping that like, and what I'm getting at is that your pessimism is not that
01:24:11
◼
►
this is like a, you know, a one way slide into doom. It's just that some of these things
01:24:15
◼
►
take a really, really long time to turn around long enough that you know, we won't live to
01:24:19
◼
►
see them. Like, do you think we'll ever live to see the DMCA taken away? No, probably not.
01:24:23
◼
►
Do you think we'll ever live to see reasonable copywriter Pat Moll? Certainly not, right?
01:24:28
◼
►
But it doesn't mean those things are hopeless and they will never swing back in the other
01:24:32
◼
►
direction because all you need, because people are so fickle and have short attention spans
01:24:38
◼
►
and can't be into the intellectual details of every single freaking thing that the government
01:24:41
◼
►
does, the system is always ripe for a small group of smart people to capitalize on a crisis
01:24:48
◼
►
in a way to make something good happen instead of something bad. And that is always a possibility
01:24:53
◼
►
in any sort of democracy. And so that's why I think long term, we'll never get to the
01:24:56
◼
►
really cool dystopias in the sci-fi movies, because what I always think about when I watch
01:25:00
◼
►
those movies is like, that's fine. But long term, long term, like, I mean, even though
01:25:06
◼
►
you have the rise of Hitler, right? Eventually, people realize we should fight this guy, right?
01:25:10
◼
►
And it's like, you'll never have something like that. That would be a fantasy. Well,
01:25:13
◼
►
what about Hitler? He was pretty terrible. He was, you're right. But it didn't lead to
01:25:16
◼
►
and it's Hitler forever. Like, you know, people die, people are killed, people fight. Like,
01:25:22
◼
►
again, we could all nuke ourselves and that makes it, that doesn't want to satisfy a belief
01:25:26
◼
►
where everybody's nukes like, "Yeah, that could happen." And then, you know, the machines
01:25:30
◼
►
take over, I guess, I don't know. But the ones where it's just like a bunch of people
01:25:33
◼
►
who sort of like boil the frog and they slowly, they slowly, slowly like find themselves in
01:25:38
◼
►
increasingly dire situations and they can't get themselves out of it and then you just
01:25:41
◼
►
fast forward like thousands of years and it never gets any better. That just doesn't seem
01:25:45
◼
►
plausible too because in the end people are people they don't want to be
01:25:48
◼
►
uncomfortable they don't want to you know be sad or hurt they want to just
01:25:52
◼
►
hang out and the holodeck will kill everybody we all know that but aside
01:25:56
◼
►
from that we're fine I'm too depressed to even make an infinite timescale joke
01:26:02
◼
►
you don't need an event time scale for holodeck you need a holodeck and that's
01:26:06
◼
►
it end of humanity sorry everybody on that happy note I think we're out of
01:26:13
◼
►
Do you want to give some other topic anyway just to not end on that even though we'll
01:26:17
◼
►
go over time?
01:26:18
◼
►
I don't care.
01:26:19
◼
►
We can do it in the post show.
01:26:20
◼
►
Thanks a lot to our three sponsors this week, Squarespace, Fracture, and Harry's, and we
01:26:24
◼
►
will see you next week.
01:26:25
◼
►
Now the show is over, they didn't even mean to begin, 'cause it was accidental, oh it
01:26:36
◼
►
was accidental.
01:26:37
◼
►
John didn't do any research, Marco and Casey wouldn't let him, 'cause he was a little
01:26:41
◼
►
And Casey wouldn't let him 'Cause it was accidental
01:26:45
◼
►
It was accidental And you can find the show notes at ATP.FM
01:26:54
◼
►
And if you're into Twitter You can follow them at C-A-S-E-Y-L-I-S-S
01:27:03
◼
►
So that's Casey Liss M-A-R-C-O-A-R-M
01:27:08
◼
►
♪ N-T-M-R-O-R-M-N-S-I-R-A-C ♪
01:27:13
◼
►
♪ U-S-A-C-R-O-Q-S-A ♪
01:27:15
◼
►
♪ It's accidental ♪
01:27:16
◼
►
♪ Accidental ♪
01:27:18
◼
►
♪ They didn't mean to ♪
01:27:21
◼
►
♪ Accidental ♪
01:27:22
◼
►
♪ Accidental ♪
01:27:23
◼
►
♪ Tech podcast ♪
01:27:25
◼
►
♪ So long ♪
01:27:28
◼
►
- All right, so what do you wanna talk about then?
01:27:30
◼
►
What's happy these days?
01:27:32
◼
►
- Anything else besides this?
01:27:34
◼
►
- I wanna save my Blu-ray thing
01:27:36
◼
►
for a happier, more tech-heavy week when we come out of this politics show and swear never
01:27:43
◼
►
to talk about it. You know, it's Apple's fault, right? It's not like we choose – it's like
01:27:46
◼
►
the car thing. It's like Apple building a car. You know, we had a car podcast and now
01:27:51
◼
►
we have a tech podcast. And then Apple decides they're going to make a car, maybe, allegedly,
01:27:55
◼
►
possibly. That's not on us. It's not like you say, "You just wanted to talk about cars
01:28:01
◼
►
again." I'm not making there be rumors about Apple making a car. And similarly, we don't
01:28:05
◼
►
want to talk about politics on the show. We avoid it as much as we can, but then Apple,
01:28:10
◼
►
the main tech company we talk about on the show, has to get into a big fight in the government
01:28:13
◼
►
on a political issue. What can we do? I'm sorry, it had to happen. And it's very difficult
01:28:20
◼
►
to talk about political issues without getting political. So if you're angry that we talk
01:28:23
◼
►
about the politics on the show, and you're thinking of sending us an email or tweet that
01:28:26
◼
►
tells us we should stick to technology, we were. Blame Apple, blame the government. This
01:28:31
◼
►
is a technology-related issue, 100%.
01:28:34
◼
►
- So is that the happy topic?
01:28:36
◼
►
- No, that's just like the preemptive whining.
01:28:39
◼
►
- At this point I feel like we should just
01:28:41
◼
►
pull the record and be done.
01:28:42
◼
►
- Oh my God, I don't even wanna talk about the Mac Pro.
01:28:45
◼
►
- Is there news?
01:28:46
◼
►
- No, I'm not gonna bite, I'm not gonna bite.
01:28:48
◼
►
I'm not gonna bite.
01:28:50
◼
►
- All right, I wanted to know if there was news,
01:28:51
◼
►
but if there's no news, that's fine.
01:28:51
◼
►
- Of course, always assume there's no news with the Mac Pro,
01:28:54
◼
►
because almost all the time,
01:28:56
◼
►
with the exception of Phyllis Shiller's act of innovation,
01:28:58
◼
►
every other time there's no news about the Mac Pro.
01:29:01
◼
►
- Oh, there was the repair thing,
01:29:02
◼
►
where everyone's Mac pros that were like failing,
01:29:04
◼
►
they have like a repair extension program to help them.
01:29:07
◼
►
- God damn it.
01:29:08
◼
►
That wasn't this week though.
01:29:09
◼
►
- I know, it was semi-recent, but I feel bad for Mike
01:29:11
◼
►
'cause he sold it 'cause it was flaky,
01:29:12
◼
►
but if he had kept it a little bit longer,
01:29:14
◼
►
he could have got all new guts
01:29:16
◼
►
that presumably don't suffer
01:29:17
◼
►
from whatever weird problems he was having.
01:29:18
◼
►
- Yeah, but the iMac was a better computer for him anyway.
01:29:21
◼
►
- I thought it was, it's great
01:29:22
◼
►
for putting your iPad in front of.
01:29:24
◼
►
It's a nice backdrop, he puts a screen saver on it
01:29:27
◼
►
so he can look at it while he uses his iPad in front of it.
01:29:30
◼
►
- Oh, iPad people, you can talk about them.
01:29:31
◼
►
That's not, no, they have good news.
01:29:33
◼
►
They have the Pencil news, this thing.
01:29:35
◼
►
- Oh yeah, we didn't mention that.
01:29:36
◼
►
- Yeah, with the 9.3 beta, all the betas up 'til now
01:29:41
◼
►
had removed the ability to use the Apple Pencil
01:29:44
◼
►
to do certain UI tasks like scrolling lists
01:29:48
◼
►
and panning things.
01:29:49
◼
►
And our friends noted that over the last few weeks
01:29:54
◼
►
and months as 9.3's been in beta,
01:29:57
◼
►
and then we heard from a few people,
01:30:00
◼
►
I think including ATP Tipster,
01:30:01
◼
►
that this was actually not a bug,
01:30:04
◼
►
this was actually a choice that Apple had made
01:30:06
◼
►
that the pencil shouldn't be used for these things.
01:30:09
◼
►
And then over the last few days,
01:30:11
◼
►
a whole bunch of people wrote articles about it,
01:30:12
◼
►
and last week or two weeks ago,
01:30:14
◼
►
Cortex complained about it very effectively,
01:30:16
◼
►
and so there was a whole bunch of complaining about it
01:30:19
◼
►
over the last couple of weeks,
01:30:20
◼
►
and then Apple announced yesterday, I believe,
01:30:23
◼
►
that, well, they gave a wonderfully spun PR statement
01:30:27
◼
►
to the effect of, oh, we always plan to do it this way,
01:30:30
◼
►
wave and next beta it'll be back, it was just temporarily removed. Of course it wasn't,
01:30:35
◼
►
and of course that was PR spin, but it's fine.
01:30:39
◼
►
I don't know if I'd take that at face value because the thing, again, this is the more
01:30:43
◼
►
open Apple which is nice that they're telling us, like the old Apple wouldn't tell us at
01:30:46
◼
►
all, like we would be under NDA and developers would just—
01:30:49
◼
►
Well, they told us something.
01:30:52
◼
►
Baby steps, right? But the real thing is what I've always been thinking of is like, what
01:30:55
◼
►
would be the motivation for removing this functionality? I think Steven F. on Twitter
01:30:59
◼
►
had a couple of speculation about what it might be,
01:31:01
◼
►
but he was wrong.
01:31:02
◼
►
I'm thinking like, why would they remove it?
01:31:05
◼
►
Assume it's intentional, right?
01:31:06
◼
►
And assume they're not telling you it's intentional
01:31:07
◼
►
'cause they don't want to.
01:31:08
◼
►
I'm just trying to think of a plausible reason
01:31:10
◼
►
for them to intentionally remove it.
01:31:12
◼
►
Like, I can't come up with anything.
01:31:14
◼
►
- The best reasons I heard were,
01:31:16
◼
►
one was the idea that you could be scrolling things
01:31:21
◼
►
with your finger, but you should only be using the pencil
01:31:23
◼
►
to tap or make marks on things,
01:31:26
◼
►
and to kind of clarify what the pencil is used for,
01:31:29
◼
►
but like, you know, people aren't idiots.
01:31:31
◼
►
They know what the pencil is for.
01:31:33
◼
►
So I think that's not a great reason.
01:31:36
◼
►
The other reason I heard that was more,
01:31:39
◼
►
I think more likely and more credible,
01:31:40
◼
►
was simply that Apple didn't want to,
01:31:45
◼
►
they didn't want people to get into the habit
01:31:46
◼
►
of not using touch as the primary interface
01:31:49
◼
►
to iOS in general, to the overall UI
01:31:52
◼
►
and overall usage of these devices.
01:31:53
◼
►
They wanted the primary interface to remain touch
01:31:56
◼
►
and they didn't want anybody making apps
01:31:58
◼
►
that had a bunch of tiny touch targets,
01:32:00
◼
►
and they didn't want people to be using Pencil full-time.
01:32:03
◼
►
But the reality is, that is not also a good enough reason.
01:32:07
◼
►
First of all, if people make apps
01:32:09
◼
►
with a bunch of tiny touch targets, who cares?
01:32:12
◼
►
If that's truly not what most people are doing,
01:32:15
◼
►
those apps won't succeed.
01:32:15
◼
►
The market will solve that problem.
01:32:17
◼
►
- That's such a bad reason that I like to think
01:32:19
◼
►
that it wasn't there, but here, say that was the reason.
01:32:21
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- But that is a modern Apple reason.
01:32:23
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- So say that was the reason.
01:32:25
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What I would like to see is for Apple to say that.
01:32:27
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Like, why can't that debate ever happen in public?
01:32:31
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This is like a half debate, where they passive aggressively
01:32:33
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do something, don't tell you why.
01:32:35
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People complain, and then they reverse it,
01:32:36
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and never told you why they were going
01:32:37
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to do it in the first place.
01:32:38
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Instead of the first beta comes out with it,
01:32:42
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news sites realize that this is the thing.
01:32:44
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They write stories about it.
01:32:45
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And then there's a public dialogue
01:32:47
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where Apple immediately says, oh, no, no, guys,
01:32:49
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you don't understand.
01:32:49
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Here's why we did this.
01:32:50
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We did it because we don't want people making
01:32:52
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an absolute touch target.
01:32:53
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At least then you can have a real debate about the merits of the issue, as opposed to now
01:32:57
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where the debate happens entirely internally and it's just a one-sided thing where people
01:33:01
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complain outside and maybe you're screaming into a void or maybe Apple is listening.
01:33:06
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Did you convince them?
01:33:07
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Or maybe they're going to say it was an accident?
01:33:09
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This whole black box thing where you don't know—not that we need to be privy to everything
01:33:13
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that's going on there, but I just think it would behoove everyone in this dysfunctional
01:33:17
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relationship between customer and cooperation, to speak openly with each other to believe
01:33:23
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enough in each other for Apple to tell us the real reason they want to make a functional
01:33:26
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change in the OS. And then we can talk about the reasons why we think that's dumb. Or,
01:33:31
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you know, like, instead of just saying, we can't tell this is a mistake or not, but God,
01:33:35
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if this is intentional, please don't do it. Because maybe Apple can convince us, maybe
01:33:39
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they have a really good reason that we haven't thought of, right? Or maybe, you know, the
01:33:43
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reason has to do with unreleased product that we don't know about, and they can't tell us,
01:33:45
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I understand this is always going to be a limited situation here.
01:33:48
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I just feel like it would be a healthier feedback loop between customer and cooperation.
01:33:55
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Not that either one has the entire rights to know what the other one is thinking all
01:33:58
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the time, but I think we need to get closer to a relationship where people like Marco
01:34:02
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don't assume that everything Apple says is a lie because they're not going to reveal
01:34:05
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their real reasoning.
01:34:06
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Well, I didn't say that.
01:34:07
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I just think the PR statement was pretty clearly BS, but it doesn't really matter.
01:34:11
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I don't know.
01:34:12
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You're just assuming it is because the reason sounds so dumb to you.
01:34:15
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but then you don't know what to think.
01:34:16
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Do you think like, are they being disingenuous?
01:34:18
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Why would they hide it?
01:34:19
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Especially since they've changed their mind.
01:34:20
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Wouldn't you come out and say,
01:34:22
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we were originally doing it for reason X,
01:34:24
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but now we're convinced.
01:34:24
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Because that would be the truth then.
01:34:25
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The truth would be, we had this reason, people complained,
01:34:29
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we were convinced by their complaints
01:34:31
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that our reasons don't trump their desires,
01:34:33
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therefore we changed our mind.
01:34:34
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Like that's a healthy dialogue instead of,
01:34:37
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if you know, again, if what you're saying is true,
01:34:39
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instead of pretending that that wasn't really the case
01:34:42
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and oh, we were always meant to do this, right?
01:34:43
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assuming, again, assuming they're pretending,
01:34:45
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it just seems like a dysfunctional relationship.
01:34:49
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- Yeah, I don't know.
01:34:49
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At least it's fixed, you know?
01:34:51
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Like, whenever people in our parts make big complaints
01:34:56
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about a change, Apple is floating in a beta,
01:35:02
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we always hear from people, I always see people responding,
01:35:05
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or they respond to me if I'm one of the critics,
01:35:07
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of like, why do you bother doing this?
01:35:09
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You're just complaining with Apple.
01:35:11
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But the reason we bother doing it is 'cause it works,
01:35:13
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because then these things do tend to get fixed.
01:35:16
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- Well, it's random reward, it works sometimes.
01:35:18
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It works randomly, you know, like if it worked every time,
01:35:21
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it wouldn't be as motivating to do it,
01:35:23
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and if it worked never, we would never do it,
01:35:24
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►
but it works enough of the time.
01:35:26
◼
►
- Well, I think, you know, like these kind of decisions,
01:35:28
◼
►
these are probably debated inside Apple, right?
01:35:30
◼
►
Almost every decision that like we get mad about,
01:35:33
◼
►
chances are people inside Apple were also mad about them
01:35:35
◼
►
and they argued about them, and so when outsiders
01:35:39
◼
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pile onto the argument or draw attention to the argument,
01:35:42
◼
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that helps that side inside Apple win the argument,
01:35:45
◼
►
or it helps change people's minds.
01:35:48
◼
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So it is very effective.
01:35:51
◼
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And again, you're not gonna win every time,
01:35:53
◼
►
because if you're trying to argue for something like,
01:35:54
◼
►
well, you know what, I'm tired of app review,
01:35:56
◼
►
there shouldn't be app review.
01:35:58
◼
►
Well, you're not gonna win that, that's unlikely.
01:36:00
◼
►
- You can keep arguing that, because someday,
01:36:02
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that will be on the table. - On an infinite time scale.
01:36:04
◼
►
- It'll be on the table again. - Yes, I got it.
01:36:07
◼
►
- Well, and another example is you can complain
01:36:09
◼
►
about the file system for, I don't know, a decade.
01:36:11
◼
►
right we feel better now and and then you know maybe eventually they'll come
01:36:15
◼
►
around but uh but yeah no that's the function of the the tech press like I
01:36:19
◼
►
mean this is happening whether you know whether Apple admits it or not of course
01:36:23
◼
►
it's always been happening cuz Apple's made up of people and they read tech
01:36:25
◼
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press about themselves because you know that's the way it works and as you
01:36:29
◼
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pointed out there's always dissension within the company but in the end
01:36:34
◼
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certain people are in charge and certain people aren't and Apple is not a
01:36:36
◼
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democracy and neither is the press and neither is anything else but we're just
01:36:40
◼
►
trying to get is a healthier symbiosis where Apple's potential customers are
01:36:46
◼
►
telling it what they would want and Apple it wants to give customers what
01:36:50
◼
►
they want but maybe not those customers maybe they see other customers who
01:36:54
◼
►
they're not currently talking to you know like it's not it's not as if
01:36:57
◼
►
customers should be in charge of Apple and it's not as if Apple should be in
01:37:00
◼
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charge of the customers it's just the and it's opening up like I feel like the
01:37:04
◼
►
dialogue is opening up more than it used to be and this is healthy we just just
01:37:07
◼
►
have a ways to go yet.
01:37:08
◼
►
- Do you guys use the iPad Pro Marco?
01:37:12
◼
►
- No, you're talking about me and John or me and Tiff?
01:37:14
◼
►
- You and Tiff.
01:37:15
◼
►
- Oh, she uses it, she's using it tonight
01:37:17
◼
►
and she uses the pencil to navigate a bunch of stuff.
01:37:20
◼
►
And if I use the iPad Pro or any iPad on a regular basis,
01:37:24
◼
►
I would certainly consider doing the same thing
01:37:26
◼
►
because I like the pencil a lot.
01:37:29
◼
►
As an input device, it is really nice.
01:37:32
◼
►
And there's all sorts of arguments other people have made
01:37:34
◼
►
about it being either more efficient or better for advanced work or better for ergonomics
01:37:40
◼
►
or better for accessibility for certain people.
01:37:42
◼
►
Or it just feels better. The mic argument is sometimes it just feels better.
01:37:46
◼
►
Exactly. If I were an iPad user or if I was the kind of person who liked writing things
01:37:51
◼
►
with pens and pencils, I would certainly be using it all the time. But neither of those
01:37:55
◼
►
things apply to me, unfortunately. So it's not really for me. But I do respect it a lot
01:37:59
◼
►
as a really nice input device.
01:38:01
◼
►
I do wonder a little bit though, like in these type of feedback cycles and relationships
01:38:07
◼
►
that part of the reason the old Apple would not do something like this is because it was
01:38:11
◼
►
seen as like a sign of weakness.
01:38:12
◼
►
Like oh, we weren't right, we were wrong about something, we need to change it.
01:38:16
◼
►
But part of it is also that it is legitimately like taking the angry feedback from your most
01:38:25
◼
►
enthusiastic users as a way to design your products is a formula for death.
01:38:30
◼
►
Apple doesn't do that for a good reason. You never want to like just listen to
01:38:34
◼
►
your most enthusiastic users because you will evolve your product in a way that
01:38:39
◼
►
caters more and more to like the expert, the super enthusiast, and you
01:38:44
◼
►
will never get something like the iPhone because the super Apple
01:38:46
◼
►
enthusiasts were like drawing pictures of like OS X on a phone or something, you
01:38:50
◼
►
know what I mean? Apple doesn't do that to its credit. It knows the trap of, or
01:38:54
◼
►
Microsoft has done it so many ways, you keep adding features because your experts
01:38:57
◼
►
wants features and you go to your experts or whatever. But for the iPad Pro, it's kind
01:39:02
◼
►
of a sign that Apple realizes that at this point in the iPad Pro's history, that fanatical
01:39:07
◼
►
group of users who really love the thing, that's all they've got at this point. Like,
01:39:12
◼
►
if they're going to betray those people for some larger market, that they don't have faith
01:39:16
◼
►
that that will materialize. So they better listen to the most passionate iPad Pro users,
01:39:22
◼
►
there aren't many iPad Pro users, presumably, and it is kind of a high-end
01:39:26
◼
►
enthusiast product. Like, there's a whole other line of iPads for the rest of the
01:39:29
◼
►
world and phones for the rest of the world, but for the iPad Pro, now if you're
01:39:34
◼
►
gonna listen to anybody about anything, like, that's where you would do it. On the
01:39:38
◼
►
other hand, if the iPad Pro was burning up the sales chart and everybody was
01:39:42
◼
►
buying one and it was, like, taking over for the Mac and Mac sales are gonna be
01:39:45
◼
►
down 50% and iPad Pro sales were gonna be, like, half the iPhone sales next year,
01:39:50
◼
►
they would feel confident to ignore those people and say it's more important
01:39:53
◼
►
to go with our gut instinct of whatever their internal reasoning is. So in some
01:39:57
◼
►
ways it gives me a view of how Apple sees the current state of the
01:40:02
◼
►
iPad Pro market. They're not in a position right now to just do what they
01:40:06
◼
►
want despite the the howls of enthusiasts. Whereas on many other
01:40:13
◼
►
markets, for example the iPhone, people howling to be able to sideload apps,
01:40:17
◼
►
apps, Apple confidently ignored them as the sales graph for iPhones went up like a ski
01:40:22
◼
►
jump. And they were in a position of strength there. But on the iPad Pro, not right now.
01:40:28
◼
►
Yeah, and as much as it sucks for Apple to be losing things, as much as it sucks for
01:40:34
◼
►
them, I like what comes out of them when they have a fire lit under them. I like when they're
01:40:39
◼
►
not in a dominant position, when they're fighting really hard. That tends to be when
01:40:43
◼
►
the best stuff comes out of them.
01:40:45
◼
►
Except for TV boxes.
01:40:46
◼
►
Sorry, low blow.
01:40:50
◼
►
So much competition in that market.
01:40:52
◼
►
That's a different topic.
01:40:53
◼
►
That's my…
01:40:54
◼
►
Honestly, have you used it?
01:40:55
◼
►
That's my Blu-ray top.
01:40:56
◼
►
I know, I know.
01:40:57
◼
►
I'm just saying.
01:40:58
◼
►
I also thought there was so much competition that was really good until I tried to use
01:41:01
◼
►
the competition.
01:41:02
◼
►
Well, there is a lot of competition.
01:41:04
◼
►
It's just not really good.
01:41:05
◼
►
Yeah, that's fair.
01:41:08
◼
►
Is that a fire lit under them or is it just like tepid water dripping on their toes?
01:41:11
◼
►
I don't know.
01:41:12
◼
►
It's called fire, but yeah, it doesn't really work that way.
01:41:15
◼
►
I'd like to set it on fire.