Think diffident

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I have a new article up at American.com on Apple’s controversial $1.99 charge to upgrade consumer’s Wi-Fi cards. Snippet: “The rule that made Apple’s mess predates Sarbanes-Oxley—but Sarbox’s stiffened penalties may well have changed Apple’s calculus. What was previously an accounting principle that could have, in a special circumstance like this one, been benignly neglected with the use of an explanatory footnote, the Act now makes rigid. The possible criminal penalties that can now attach to any unusual accounting mitigate the incentives to account for things elegantly, when the elegant way of keeping track of things requires some added explanation.”

Jan 23, 2007 | Comments Off | Tags: , ,

SOX sucks: The case of Apple

At an Apple Store a few weeks ago a clerk had to take down info from my driver’s license so that I could qualify for the education discount that previously only required that I flash my school ID. “Sorry, Sarbanes-Oxley,” she said. Really? “Yeah. Also, if you buy a custom Mac now, you have to have it shipped to your home; you can’t pick it up at the store anymore.” Whah?

Well, if you need one more reason to believe that the unintended consequences of SOX really suck (especially for Mac people, it seems), today comes word that SOX may force Apple to charge Mac users for a feature that would otherwise be free. See, Wi-Fi comes in three flavors: 802.11b, g, and n, each respectively faster. The “n” standard is still a draft, but it’s almost complete. Apple has been shipping computers with unadvertised “n” capability that they have left dormant. That is, you buy a notebook with what you think is just a “g” Wi-Fi card and three months later, when the standard gets ratified, Apple sends you a software update that unlocks it into an “n”. Voila, surprise instant upgrade and a happy customer.

Unfortunately, the word is that Apple will charge $4.99 for the upgrade, which is a suspiciously un-Apple thing to do. iLounge editor Jeremy Horwitz offers an explanation: “Because of the [SOX] Act, the company believes that if it sells a product, then later adds a feature to that product, it can be held liable for improper accounting if it recognizes revenue from the product at the time of sale, given that it hasn’t finished delivering the product at that point. Ridiculous.”

Update: Houman Shadab took this story and ran with it. He posts a great explanation (via iLounge) of how SOX accounting rules could result in the $5 charge. I’m posting it in full after the jump.

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Jan 16, 2007 | Comments Off | Tags: ,

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