`
`Amazon Ex. 1033
`Amazon v. PMC
`IPR2014-01531
`
`PMC Exhibit 2188
`PMC Exhibit 2188
`Apple v. PMC
`Apple v. PMC
`IPR2016-01520
`|PR2016-01520
`Page 1
`Page 1
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`urn: want LIES“ .
`A sk any peisonal computer company: "What can it do? When can I get it?"
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`Member of:
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`'. lnfoWorld September 3. 1934 ‘ 5
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`i
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`PMC Exhibit 2188
`PMC Exhibit 2188
`Apple v. PMC
`Apple v. PMC
`IPR2016-01520
`|PR2016-01520
`Page 2
`Page 2
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`Without thinking, most companies will answer instantly. “Anything you
`want" and "Right away."
`The Federal Trade Commission would like computer companies to think before
`' they speak and has been flexing a bit of its muscle to make them more thoughtful. As
`the result of a éommlssion complaint. Commodore recently agreed to advertise only
`products existing today and not those that may be available tomorrow.
`Commodore. as did many computer manufacturers in the heat of the summer
`1982 home computer wars. got carried away and advertised that the newly released
`Commodore 64 would run software based on the CHM operating system. The only
`problem was that the machine required a plug-in ZBO module that would be unavail-
`able until a year later.
`Commodore achieved its goal of selling lots of computers. but deceived many
`buyers in doing so. For the deception, Commodore received the FTC's version of a
`slap on the wrist.
`_
`We would hape that the commission goes beyond slapping Wrists. As we see it.
`computer companies are becoming too comfortable with what amounts to deceptive
`advertising.
`.
`In its advertising for the lie. for instance. Apple Computer says the computer is a
`7V2-pound portable easily carried by its built-in handle. That is true if you don't plan
`to plug it in or monitor what you are doing.
`Apple built the lie ug'th the power supply detached from the system unit. No-
`where in the advertisements can you find a picture of that power supply, which hap-
`pens to weigh another 31/2 pounds anh distinctly unfl‘ortahle. It may be too cynical
`to assume that Apple didn't want people to know what they Were actually buying.
`Perhaps we should put that question to the uninitiated home user who, having
`shelled out $1.300 for the computer. just realized the power supply is as much a part
`of the computer as the system unit.
`Monitors. of course. also weigh several pounds and are generally thought to be
`necessary for operating computers. They don't. however. contribute to machines‘
`portability. The much-touted flat-panel display for
`the
`lie. pictured in ,
`advertisements. won't be available for about three months.
`in some. but not all, of its Ilc ads, Apple includes a cleverly written. fine—print
`paragraph stating that "extras" such as the power pack will increase the llc's
`weight. The footnoted disclaimer is included because "our lawyers were concerned
`that you might not be able to figure this out for yourself." one ad says.
`IBM. perhaps sensing the need to become more of a consumer marketing com-
`pany, says in rather large type in its recent ads for the new Per that the computer
`weighs a "mere 10 pounds." In fine print. it also says the weight doesn't include the
`power supply or monitor.
`-
`Pressure from the FTC on home computer makers is admirable. But we wonder
`if minor legal actions and fine print are really enough. Rather than slapping wrists.
`the F’qEC should consider other sanctions against computer companies guilty of de-
`ceptive advertising.
`It could. for instance. require the companies to run corrective ads. which might
`
`lead to some interesting advertising for us to enjoy. Apple would have to headline its
`new ad: “It weighs 71/: pounds. but only if you use it as a paperweight." As for IBM.
`.a bastion of honesty and straight dealing, its ad might read: "Big Blue thinks you
`
`' would like to know that our computer actually weighs a mere 15 pounds . . . ." And
`Commodore: "Now that Jack Tramiel has gone on to other endeavors. we. would
`
`like to tell you about that CPIM cartridge you thought you had bought."
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`H “mm
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`Stewart Alsop [1
`'Editor
`Sandr'a R. Reed
`Executive Editor
`J. Michael Lowe
`Managing Editor
`Senior Editors: David Needle (News). Rory J.
`O'Connb'r (Technology)
`Senior Writers. West Coast: Jim Banimo.
`Scott Mace
`Senior Writers..East Coast: Dnran Howitt.
`Marguerite Zientara
`‘
`Designer: Sahnta Lee Pannutti
`Photo Editor: K. Gypsy Zaboroskie
`Special Pruiécts Editor: Robert J. Dunn
`Reportersr’hii‘n Bargheim. Denise Caruso.
`Katherine Chin. Christine McGeever. Peggy
`Watt-
`Fiold Editor: Robert K. Cringcly
`Copy Editors: .Deborah Branscum (Chief).
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`Researchers: Barbara Gerk. Carol Ranalli
`Editorial Secretary: B. Lindsey Borgel
`Contributing Editors: Alexander Bcsher.
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`Thomas H. Kothman
`Publisher
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`
`How—to Sorrwttkt: no HITS in
`
`~ Learning cuisine or Chopin is cheap 1— but how practical???
`I
`
`c
`
`BY KATHY CHIN
`Reporter
`
`too big on these
`I'm not
`Personally,
`.
`:
`programs myself."
`Although more howwto programs for
`the home will be on the market spon.
`consumers don't seem to exhibit a burning
`desire for them, admits Linda Schupak,
`director of creative services at Softsync. a
`New York software publisher. “But they
`are beginning to permeate consumer
`consciousness."
`Softsync distributes Computer Me-
`chanic. a car repair program that prbmises
`to unravel the complexities of tire rota-
`tion, tune-ups, and lubejobs. The program
`features eight sections. including brakes.
`suspension.
`tires,
`transmission. engine.
`
`
`
`in
`ow- you don't have to enroll
`community education courses to
`learn how -to repair your car. play
`"guitar, or prepare Mexican delicacies.
`Traditional how-to books and classes have
`been compressed onto disks. giving people
`the chance t0' learn with their own
`computers.
`Howihto disks for the home aren't box
`office-hits yet.
`according to industry
`observers. and even dealers say that
`cookbook programs and, related products
`remain slow sellers. Nonetheless. develop-
`ers are still producing them.
`with the promise that users can
`learn a new skill on the cheap in
`lieu ofaaking expensive classes.
`An added benefit of disk prod-
`pcts over books. say developers.
`.is that computers are an interac-
`tive medium.
`Sunset Books. famous for its
`lint: of home repair manuals and
`cookbooks. is considering enter-
`mg the software business with
`programs based on its books.
`But
`the company isn't running
`pell—rnell into the fray. "Sunset is
`very interested and is approach-
`ing this entire subject with
`cabtion."
`says Paul Fillinger,
`general managerfproducer
`of
`the Sunset
`film division in San
`Franctsco.
`
`Stepping into the software
`industry will be a costly venture.
`and Fillinger says that Sunset doesn't see
`a single home computer that would be
`=worth the software development.
`"We do believe our information would
`
`do well on disk." says Fillinger. "Home
`repair and lawn and garden information
`would adapt well." Ideally. he says. the
`company would bundle a disk with its
`books. No deals have been made with
`software publishing companies yet. he
`adds.‘
`'
`
`Some observers are skeptical, howev-
`‘er. questioning the validity and practicality
`of howrto programs. “People are more
`conditioned to picking up a book or
`videotape
`to learn
`something,"
`says
`Bonnie Digrius. market analyst at Creative
`Strategies in San Jose. California. “It's .
`easier
`for
`the user
`to see it done.
`
`_
`
`people will be running into the house to
`read the computer display. then running
`outside to tighten the neat nut sounds
`ludicrous to 'some. Schbfiak counters that
`Computer Mechanic.
`is 'designed as a
`beginner’s guide to automotive repair.
`Since the program is on an elementary
`level. the car remedies “don’t take a lot of
`memorization." he says. The remedies
`also do not address the needs of Specific
`car models.
`'
`Another dilemma in the production of
`these products is the source of the how-to
`information itself. Computer Mechanic's
`author
`is Softsyno employee Rudolph
`'Dan'iel. whose trade is programing.
`Although not a mechanic,-Dan-
`. iel's avocatlon_ is car mainte-
`nance. and he was responsible
`for putting the diagnostic infor-
`mation into the_program. But
`some question the reliability of
`information provided by some-
`one who is not an expert in the
`field. Can the information harm
`the user? How effective are the
`solutions proposed by the pro-
`grams? With how-to software
`still
`in its
`infancy. computer
`enthusiasts like Daniel continue
`to be the main source of the
`programs. No software seal of
`approval exists. nor can consumv
`ers easily find objectivehevalpar
`tions of the products.‘
`of
`Robert Leff. president
`in
`software distributor Softsel
`Inglewood, California.
`takes a
`caveat chapter-attitude to both
`‘
`printed and electronic information. Says
`Leff: "It's no more risk than a book. You
`can still get false information."
`“'Yon face the same concerns when you
`buy a book." says Mary Ellen Dick. a
`market analyst for Software Access Inter-
`national Mountain View. California. But
`she also notes that most book buyers.
`unlike software purchasers. can‘ inspect
`the information in detgil before they
`decide to buy.
`' Not all how-to programs are written by
`computer enthusiasts. Several are being
`‘ produced by experts with experience in a
`given _fjeld...BetoreJJe became _a program-
`mer. Mike Fink, president of Digital
`5Concep‘t Systems in San Antonio; Texas.
`spent
`10 years
`as
`a
`college music
`professor. He. used his expertise to
`
`I
`
`the
`and cooling system. Designed for
`novice grease monkey, Computer Me-
`chanic provides graphic renderings of a
`carburetor. fuel pump. and other car parts.
`The program will-guide users through
`any of the eight major sections. asking a
`series of diagnostic questions until
`the
`problem is isolated. It then can provide -
`instrpctions on how to solve the problem.
`The $27 product. available for-the Com~
`modore 64. also features a database for car
`records and tips on preventive mainte-
`nance. Toys R Us is already carrying the
`program.
`I
`But a key problem with how-to pro-
`grams is the issue of portability: No matter
`how many features the program touts.
`bringing a computer out to the garageI is
`probably impractical. And the idea that
`
`Computer Mechanic, produced by Softsync of New York. shows merchant
`to rotate their l: res. among other automotive maintenance duties.
`
`40 September 3.1934
`-
`
`InfoWorld
`
`.
`
`-
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`PMC Exhibit 2188
`PMC Exhibit 2188
`Apple v. PMC
`Apple v. PMC
`IPR2016-01520
`|PR2016-01520
`Page 3
`Page 3
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`SOFTAE '
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`RICHIfNNANT
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`1
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`deyelop the company's Basic Guitar
`guitar playing package.
`"This is a good substitute forvthe'
`teacher when he's not there." says Fink.
`He adds that students can teach them—
`selves the basics of guitar playing. The
`program teaches chords by displaying text
`showing where users should position their
`fingers on the guitar. A second Ipractice
`diskette plays songs so users can strum
`along.
`"I don't know how long it will take
`before people will see the software as a
`tutor.
`lot of people say this threatens‘the
`teachers. and you have to tread that fine
`line."
`Mos’t‘developers see a solid market
`niche fur how-to programs. "There ap-
`pears to be a need for this." says 'ja'y
`Butler. marketing representative for Vir-
`tual Combinatics in Rockport. Massachu-
`setts. a veteran how~to program supplier.
`The company's original package.
`the
`Micro Cookbook. is a recipe-management
`system that runs on the Commodore 64.
`IBM PC. and Apple Ile. Butler says the
`software can be used with either keyboard
`or mouse to find names 01 dishes and
`ingredients.
`_
`There are definite advantages of a
`computer program over
`a
`cookbook.
`stresses Butler. For example, if a user has
`a handful of ingredients in the kitchen and
`wants to know what recipes use those
`items. he can Search through the recipe
`database in less than four-tenths of a
`second to find a match. The company
`manufactures optional
`recipe disks for
`microwave
`cooking.
`food" processing.
`soups and salads. breads. and desserts and
`appetizers. Owners can addftheir own
`récipes to the system and automatically
`.double or triple recipe portions.
`
`Since its introduction almost two years
`ago.
`the $40 program has sold almost
`20,000 copies. says Butler. Several uni—
`versities have purchased the Micro Cool-cc
`book. and more than 40 percent of the-
`buyers are male. Butler says. J'he pro-
`gram has been so profitable that
`the
`company is working on a second h0w-to
`food program. To be
`called Micro
`Barmate.
`it will be the equivalent of
`bartending book on diskette.
`‘
`Despite good sales. cookbook software
`laces some of the same criticism as car
`maintenance software. Just as
`a user
`would be hesitant to haul the computer to
`the garage. most would probably be
`reluctant
`to expose the expensive elec-
`tronics to the ravages of sticky smoke_and
`spilled sauces. "You wouldn’t want
`to
`bring out your nice cookbooks to the
`kitchen. either.” says Butler. Owners can
`print out the recipe on paper and tape it to
`the stove. he suggests.
`A number of other cookbook and recipe
`I
`management programs are on the market.
`hearing such titles as Pizza Program. "
`Dinner on Disk. and the Jewish Computer
`Cookbook. Although their names have yet
`to become household words. Leff predicts
`they will become more popular as more
`people buy computers for the home. "1 see
`these as educational programs for adults.
`but l'm not sure they are the replacement
`for Faking a class."
`What they can do is augment human
`instruction by solving basic problems
`quickly,
`rather
`than turn buyers into
`experts through extensive training. says
`Leff. “I can envision a plant guide [on disk]
`that helps users diagnose problems with
`their plants. You can enter the climatic
`conditions in the computer. and so forth. If
`you want to be an expert, you can take a
`
` E
`
`'
`
`class or read lots of books. If you want to '_
`get your problem solved as quickly as
`possible. you can use the power of the
`computer software to do that."
`'_
`Perhasz the biggest barrier to sales of
`these products is the fact thht many people
`are not aware of them and those. who are
`don't always see them as practical alterna—“l
`tives to books or classes.
`_
`Matt Yuen. a writer in Los Angeles.
`used an automotive repair disk to check
`his car. He found out that the timing on his
`car was off and the carburetor needed
`cleaning. That particular program. howev-
`er. only diagnosed the problem. “(The
`program] just tells you what it thinks is
`wrong." says Yuen. "I couldn'thfix it. I had
`to take it into the service station anyvéay.
`“On its outward appearanCe. l was not
`that impressed.'lt wasn't a professional
`programmingjob. but it was really easy to
`use when I loaded it up."
`|
`Yuen says the program could be useful
`to anyone with appropriate tools and
`knowledge. "But you would thinkhthat
`anyone who‘knows how to repair a car
`wouldn't need this program anyway."
`The key to popularity of these low-tech
`programs may lie.
`ironically. with 'ad-
`Vances in high technology. The coming
`generation of portable computers will
`provide a godd home -for them; says Dick.
`answering the primary criticism of how
`users can take the computer
`to the
`problem or vice' versa. She expects to find
`how-to-software as built-in applications on
`lap computers with 'large.,flat-panel .dis- '7
`-plays. "The programs will become com-
`.
`.
`t
`.
`mon when computers are ‘seen 'as.
`appliances." says Dick.
`_
`Until
`then. she says. “This type. of
`software'seems like a solution‘in search of
`a question.”
`- r
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`I
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`PMC Exhibit 2188
`PMC Exhibit 2188
`Apple v. PMC
`Apple v. PMC
`IPR2016-01520
`|PR2016-O152O
`Page 4
`Page 4
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`lnfoWorltl September a; 1934- i439u' -r
`u.
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