
So the rising discontent with Apple's new habit of selective feature
enabling got us thinking -- while we're not experts on the subject,
the generally accepted reasoning for the $20 iPod touch upgrade fee
is the accounting requirements of the Sarbanes-Oxley Act: iPhone
and Apple TV updates are free since revenue from those products is
realized as a subscription over a period of time, but iPod touch updates
can't be free since Apple just records that revenue directly.
That certainly makes sense to us when applied to things like
the 802.11n Enabler, which was trivially cheap and turned on
unadvertised hardware features, but it strikes us as being a pretty big
stretch when applied to a $20 package of new software applications.
iPod name or no, the iPod touch is essentially a little computer,
and the whole purpose of software is to enable "significant
unadvertised new features" on a computer. For Apple (or anyone)
to say that a mail app is a "significant new feature" for a computer is
pushing the line just a bit far, and it makes us wonder how the company
accounts for new versions of iTunes, QuickTime, and Safari, each of
which add new features to already-sold Macs -- and how things are
going to play out when the iPhone / iPod touch SDK is released next
month. We've got a call into Apple to get to the bottom of it all,
we'll let you know what (if anything) we find out.
Disclaimer: Although this post was written by an attorney, it is not meant as legal advice or analysis and should not be taken as such.