MacRumors

A number of customers have expressed outrage and disappointment at AT&T's various efforts at throttling users with older "unlimited" data plans. The most recent change slows unlimited data users to download speeds of 256 Kbps after using 3GB of data.

Several Twitter users felt that AT&T was violating their contract and wanted to cancel their contract or file a class action lawsuit against the company. Blogger Jeff Jarvis feels that throttling is "fraud", and tech writer Matt Buchanan had this to say:

I think it's fair to expect the contract you signed up for remains the contract you signed up for.

But is AT&T's throttling of unlimited data users a violation of its contract with users? TOSBack is a website that tracks changes to the terms of service of various services, including both Apple and AT&T.

The contract from June 26, 2007 -- just a few days before the original iPhone went on sale -- includes a number of stipulations governing exactly how and why the iPhone's unlimited data plan can be restricted, including banning some video downloading and streaming. Most importantly, for customers now experiencing throttling, is this passage:

AT&T reserves the right to (i) limit throughput or amount of data transferred, deny Service and/or terminate Service, without notice, to anyone it believes is using the Service in any manner prohibited above or whose usage adversely impacts its wireless network or service levels or hinders access to its wireless network.

Language similar to this continues in every draft of the contract through today's version. The current wireless customer agreement includes this language in section 6.2:

AT&T reserves the right to (i) deny, disconnect, modify and/or terminate Service, without notice, to anyone it believes is using the Service in any manner prohibited or whose usage adversely impacts its wireless network or service levels or hinders access to its wireless network.

AT&T believes that it is well within its rights to throttle users on unlimited data plans, even as a Californian iPhone user won an $850 small claims judgement against the company over throttling. AT&T has promised to appeal. A class action suit might be the normal evolution of such a complaint, but AT&T's subscriber contract prohibits class action or jury trials, leaving arbitration and small claims as options for unhappy customers.

Not everyone agrees that AT&T is misbehaving by throttling. SplatF's Dan Frommer opines that users are not acknowledging reality when they complain about AT&T terminating unlimited data plans.

Here’s the big picture bottom line: If you use a lot of data, you are clearly getting some sort of value out of it. Value isn’t free. The world’s finite resources simply aren’t trending toward free. That isn’t logical. I predict most of you will be spending significantly more per month for wireless data in 5 and 10 years than you do today. You’ll be getting faster and better service, and more value out of it, but it won’t be cheaper.

Please get over your emotional battle — and extinguish any legal threats, that’s silly — and join us in reality. If you use a lot of mobile data, be happy about it, and be happy paying for it. It’s worth it. And consider trying the add-on tethering plan for the iPhone, it can be useful if you carry a laptop or iPad.

AT&T's current data plans offer 300MB/month for $20, 3GB/month for $30, or 5GB/month for $50 (including tethering), with each additional 1GB costing users $10 on the higher allocation plans.

While rumors of iPad 3 shipments already being en route having been circulating for some time now, we're now hearing from shipping representatives at other companies who are having a difficult time even getting their products shipped over to the United States from China as Apple's preparations for the iPad 3 launch have significantly squeezed the air freight industry.

One shipping representative told MacRumors last week that his freight broker in China has been scrambling to find space for his company's shipments, with shipping rates rising 20% in one week as Apple has snapped up available capacity at premium rates. Another shipping manager told us a similar story today, with his company being unable to find space with its usual carrier due to Apple's demand and having to scramble to find alternatives for moving products overseas.

We've been hearing for almost two weeks now that Apple has been moving iPad 3 units into the United States, staging them through its shipping carrier's hub facilities under very high security. We can specifically say that at least one of the iPad 3 part numbers has been seen making its way into the United States. A second part number, MC744LL/A, which has so far not been linked to any specific product, has also been spotted.

It certainly appears that Apple is planning for the iPad 3 to be available very soon after its introduction on Wednesday. Consequently, the company has clearly been working hard to move massive quantities of the device into position for rapid deployment to stores around the United States and presumably a number of other countries included in the first round of launches.

Update: AppleInsider is now reporting similar information specifically related to freight going through DHL, one of the major international carriers sometimes used by Apple.

Senator Charles Schumer (D-NY) has asked the Federal Trade Commission to investigate reports that Apple and Google give app developers access to videos and photos on users smartphones.

From Senator Schumer's press release:

“When someone takes a private photo, on a private cell phone, it should remain just that: private,” said Schumer. “Smartphone developers have an obligation to protect the private content of their users and not allow them to be veritable treasure troves of private, personal information that can then be uploaded and distributed without the consumer’s consent.”

According to reports by independent technologists, two separate loopholes, one in the Apple operating system and one in the Android operating system, allow apps to gather users’ photos. In the case of Apple, if a user allows the application to use location data, which is used for GPS-based applications, they also allow access to the user’s photo and video files that can be uploaded to outside servers. In the case of Android-based applications, the user only needs to allow the application to use Internet services as part of the app for third parties to gain access to photo albums.

Apple has attracted Congressional attention over its privacy policies several times in the past, once last year over location-tracking issues, and again earlier this year over the discovery that iOS app Path was uploading entire user address books to its servers.

However, The Verge reports that the photo uploading ability Schumer refers to is a bug, and a fix is on the way in an upcoming version of the iOS software.

Update: According to Senator Schumer, representatives from both Apple and Google have agreed to meet with him.

iLounge shares a few items of interest from a "repeatedly reliable source" addressing the possibility of a new Smart Cover-inspired case for the iPad 3 and Apple's work on a new glass-backed design for the iPhone 5 due later this year.

The first claim addresses Apple's plans for protection of the iPad 3. While the current Smart Cover for the iPad 2 is said to still work with the iPad 3, Apple is said to be working on a case that incorporates a Smart Cover-like front panel with a rear shell providing protection for the entirety of the device.

Said to be similar to Incase’s Magazine Jacket (and a host of subsequent alternatives that have appeared for the iPad 2), this new case has a folding magnetized Smart Cover on the front, and a rear shell made from fiberglass covered with PU/bicast leather.

The report notes that it is unclear whether the new case will be for only the iPad 3 or if it will also be compatible with the iPad 2.

The source's second claim relates to the iPhone 5, which is rumored for release later this year. According to the report, Apple is planning to once again use a glass or ceramic material for the rear of the device, countering rumors of a switch back to a metal rear casing. By incorporating thinner Gorilla Glass from Corning, Apple will reportedly be able to make the iPhone even thinner.

Despite the well-established “aluminum-backed iPhone 5” rumors that have continued to circulate since the iPhone 4 was released, Apple is nonetheless continuing to experiment with glass and ceramic rear shells for a future iPhone model. The upshot is that the new design would be like the iPhone 4, but thinner, thanks to Corning’s stronger Gorilla Glass 2 and the further reduction of internal components.

The source also indicates that a larger display remains a possibility, while the company is indeed also looking to replace its 30-pin dock connector with a smaller connector.

iLounge has on occasion offered accurate information, and in particular the site's claims for the iPad 3 do appear to be bearing out as parts continue to surface ahead of the official unveiling.

China Mobile may be the world's largest carrier with over 650 million customers, but it is not yet an official iPhone carrier, due in part to unique technology used for its 3G network that would so far have forced Apple to build special hardware to be compatible with the carrier.

But that hasn't stopped the carrier from supporting the iPhone for its customers to use on its 2G network, and Tech in Asia now reports on news from Beijing Daily sharing that China Mobile now has 15 million iPhone users. The milestone comes just over four months after the carrier reached 10 million iPhone users.

Despite the iPhone's popularity with China Mobile's customers, the device's potential there is undoubtedly barely being tapped, with advances in chip technology and the carrier's network meaning that future iPhones are likely to run on its fastest 4G LTE networks without requiring unique hardware.

Even iPhone 4S users trying to use the device on China Mobile's 2G network have been experiencing difficulties with SIM card activation, but Beijing Daily reports (via The Next Web) that the issue has now been resolved by Apple despite the fact that China Mobile is not an official carrier for the device.

Apple Inc. may release an IOS update specifically for the Chinese mainland in early March to resolve the signal problems plaguing iPhone 4S owners using China Mobile’s network.

China Mobile said that Apple had updated the system of all iPhone 4S handsets manufactured after Feb. 8, 2012 to fully support its network, and will offer a software update for previously manufactured iPhone 4S handsets in early March.

The issue is reportedly related to the handling of two different frequency bands used by China Mobile's 2G GSM network, with iPhone 4S incompatibility with the E frequency band resulting in users being unable to connect to the network in areas served by that frequency band.

Digitimes has been one of the biggest sources of rumors regarding a potential "iPad mini" carrying a 7.85-inch screen that the publication says Apple is targeting for release later this year. Digitimes now points to a new report [Google translation] from Taiwanese newspaper United Evening News making similar claims and outlining a number of companies making up Apple's supply chain for the device.

According to the report, Apple will be utilizing Pegatron as its assembler for the device, forgoing its main partner Foxconn for this project. Apple and Pegatron do, however, have a long-standing relationship with the assembler already contributing to iPhone production and rumored at several points to be involved in iPad 3 production as well.

On the display side, the report claims that LG Display will be responsible for 70-75% of the workload for the smaller iPad, with AU Optronics handling the remainder. Samsung, which is a key part of Apple's supply chain but with which Apple is currently engaged in a massive patent dispute, has reportedly been shut out of display production for the new device. The report also claims that Radiant Opto-Electronics and Forhouse will be contributing backlight components for the 7.85-inch iPad.

The newspaper had previously named LG and AU Optronics as display suppliers for the device, claiming in October that Apple was planning to launch the smaller iPad early this year. The Wall Street Journal weighed in last month with its own claims that Apple was working with those companies on the project, but noted that there is no guarantee Apple will ever release the device.

Apple today announced the winner of its "25 Billion App Countdown" promotion that saw the company pass milestone late Friday. For the first time in one of Apple's countdown competitions, the winner, Chunli Fu, came from China.

Disney's Where's My Water? Free was the milestone download, and the winner will receive an iTunes Gift Card worth US$10,000.

“We’d like to thank our customers and developers for helping us achieve this historic milestone of 25 billion apps downloaded,” said Eddy Cue, Apple’s senior vice president of Internet Software and Services. “When we launched the App Store less than four years ago, we never imagined that mobile apps would become the phenomenon they have, or that developers would create such an incredible selection of apps for iOS users.”

Apple notes that the App Store is currently available in 123 countries with over 550,000 applications available for download. Apps span 21 different categories, and the company has paid out over $4 billion to developers for their 70% share of revenue from paid downloads.

Although we've already seen many stories about possible iPad 3 part leaks over the past few weeks, MIC Gadget has been able to get its hands on the rumored parts for the iPad 3 Front Glass, Rear Shell, and 3rd party cases.

The site put them together in this nice overview video:

The video shows the iPad 3 exterior assembled, but no internal parts. They reiterate previous findings, such as a slightly thicker shell, larger camera lens, and slightly more tapered design. MIC Gadget, however, was also able to confirm that existing iPad 2 magnetic Smart Covers will work with the new design. Finally, they found that 3rd party iPad 3 cases which are already available to purchase do match up with the back shell.

The site seems to believe the iPad 3 will incorporate Siri. Apple introduced the Siri voice assistant with the iPhone 4S launch, but hasn't yet extended its support to any other devices.

Apple is expected to announce the iPad 3 at a media event that is taking place on Wednesday, March 7th.

Apple's App Store today reached 25 billion downloads since its inception in 2008, and along with the milestone comes the end of the company's "25 Billion App Countdown" promotion launched just over two weeks ago. The winner of the promotion, who is yet to be announced, will be awarded a $10,000 gift card valid for App Store, Mac App Store, or any other iTunes Store content.

The App Store took a little under two and half years to reach 10 billion downloads, and less than six additional months to reach 15 billion downloads.

With today's milestone, the App Store has seen its last 10 billion downloads come over a period of just eight months, putting Apple's pace at 15 billion downloads per year and undoubtedly continuing to accelerate. As tracked by our sister site AppShopper, Apple has approved a total of nearly three quarters of a million apps for the App Store, with over 550,000 of them currently available in the store.

Despite some questionable rumors of price hikes earlier this week, 9to5Mac reports that reliable tipster Mr. X has revealed that the new iPad 3 will carry the same prices as the iPad 2 and also come in the same storage configurations at 16GB/32GB/64GB.

We’ve gotten word that iPad pricing is going to be the same across the board as the current iPad 2 models which should be no big surprise given Apple’s history – they rarely raise prices. Even better, some countries with currencies doing better than the US dollar should expect to see marginal drops in prices.

The source had previously revealed part numbers that had appeared in Apple's retail inventory. The source now seems to be suggesting that those part numbers carry the same prices and configurations as the current iPad 2.

MC705LL/A – J1 GOOD A-USA
MC706LL/A – J1 BETTER A-USA
MC707LL/A – J1 BEST A-USA

MD328LL/A – J1 GOOD B- USA
MD329LL/A – J1 BETTER B-USA
MD330LL/A – J1 BEST-B-USA

MD366LL/A – J2A GOOD A-USA
MD367LL/A – J2A BETTER A-USA
MD368LL/A – J2A BEST A-USA

MD369LL/A – J2A GOOD B-USA
MD370LL/A – J2A BETTER B-USA
MD371LL/A – J2A BEST B-USA

J1 is believed to be a Wi-Fi version of the iPad 3, while J2 is believed to be one with Cellular connectivity.

Some had been hoping for a boost in storage capacities to account for the long rumored Retina Display that is expected to be found on the iPad 3. Retina-sized graphics and video will take considerably more storage than those designed for the standard iPad.

Apple is holding a media event on March 7th to presumably announce the new iPad.

Read It Later developer Steve Streza has provided MacStories with a few photos showing that exterior work is underway on preparing the Yerba Buena Center for the Arts in San Francisco for Apple's iPad 3 media event next Wednesday. The company typically covers the theater's exterior glass wall with panels creating a large banner image, and this event appears to be no exception.

The banners are typically tied into the graphics found on the event invitations, but it is not yet evident what the final image for this event will be once crews have completed their work.

Update: The banner is almost complete, with the large white apple logo in the middle of what appears to be a vibrant splash of paint.

Apple has come under increasing scrutiny for its offshoring of product manufacturing in recent years, with a number of observers believing that Apple should be trying to bring more jobs to the United States. But as noted by AllThingsD, Apple has now taken a more public position on its domestic impact by posting a new page on its site highlighting over 500,000 U.S. jobs it claims to be directly or indirectly responsible for.

Apple breaks the 514,000 jobs down into two categories: 304,000 jobs directly tied to Apple and its business partners and another 210,000 jobs that are part of the "iOS app economy". The first category includes 47,000 Apple employees and another estimated 257,000 employees at companies such as Samsung, Corning, FedEx, and UPS who are part of Apple's supply chain and other businesses. Rather than a direct count of employees at other companies, that latter figure is calculated based on "employment multipliers" published the U.S. government and applied to Apple's domestic expenditures.

Apple further addresses its in-house efforts, noting that 47,000 of its 70,000 employees are located in the United States, with 7,800 U.S. jobs having been added in 2011. Over 27,000 of its U.S. employees are part of the company's network of 246 retail stores, with Apple reporting that the majority of these employees are full-time workers. On the support side, Apple employees 7,700 AppleCare Advisors in the United States, acknowledging that it could save 50% on call center costs by outsourcing to other countries such as India but that it opts to keep the jobs in the United States in order to maintain its highly-regarded customer service standards.

On the App Economy side, Apple notes that it has paid out over $4 billion to developers since the App Store was launched less than four years ago, creating an entirely new industry that has seen 210,000 new jobs added to the U.S. economy. With 248,000 registered iOS developers in the U.S. and over 5,000 iOS developer jobs listed on Indeed.com, Apple clearly believes that the industry will continue to see strong growth.

With iOS 5.1 apparently sitting in a holding pattern awaiting the launch of the iPad 3, it should be no surprise that work is well underway on iOS 6.0, the next major update which should appear to the public later this year if past history is any indication.

In support of the notion that work on iOS 6.0 is progressing, Ars Technica reports that browser user agent strings appearing as iPads running iOS 6.0 are indeed showing up in their server logs. While user agent strings are easily faked, Ars Technica filtered its logs to isolate only those entries coming from IPs assigned to Apple's corporate facilities and found a number of visits from devices reporting themselves as iPads running iOS 6.

[W]e began looking at iPad user agents coming from Apple's corporate IP block in Cupertino and discovered that Apple appears to be surfing the Web using iPads running what looks like iOS 6.0. The whole listing shows iPads running iOS 5, iOS 5.0.1 (the current public release), iOS 5.1 (the upcoming release currently available to developers), and iOS 6. The iPads that appear to be running iOS 6 are also using a slightly newer build of WebKit—the older OSes all show WebKit 534.46, while the ones claiming to be iOS 6 show WebKit build 535.8.

The report also cites a separate observation of a 2048x1536 screen resolution showing up in Google Analytics. The entries are not specifically linked to the iPad, but there are few other reasonable displays on the market that would be likely to yield such a resolution.

The problem with speculation about these resolution entries representing the iPad 3 is that the new device should still report 1024x768 as its resolution. With the higher pixel density intended to increase sharpness rather than screen real estate, web content would appear far too small on the device if it reported itself at its true 2048x1536 resolution. This situation can be seen with Retina-capable iPhone 4/4S and iPod touch models, which report their resolutions as 480x320 instead of their actual 960x640 resolutions.

Business Insider points to a report [Google translation] from French newspaper Le Figaro noting that Virgin will be vacating its landmark retail store on Champs-Élysées in Paris and that Apple is one of the primary candidates rumored to be interested in taking the spot.

The entire Virgin store checks in at roughly 75,000 square feet, with nearly 50,000 square feet of it dedicated to the sales floor. Apple's largest flagship retail stores at Regent Street and Covent Garden in London currently offer roughly 25,000 square feet of space, and while Apple could presumably opt to take only a portion of Virgin's space at the Paris location if it is indeed interested, the space certainly would give Apple an opportunity to build by far its largest retail store in a very prominent location.

It is also interesting to note a report from Hardmac claiming that Apple CEO Tim Cook was in Paris earlier this week for unknown reasons. There is obviously no specific evidence tying his rumored presence to the Virgin store vacancy, but those hoping that Apple might pursue the project are welcome to speculate about whether he may have been in town to personally survey the site amid other company business.