But the one that made me spit coffee out my nose the other day is when MTA legal insisted that it was continuing to litigate against StationStops because to not do so would be “irresponsible to the public”.

Yes, that’s right, MTA has started arguing that their actions are in the public interest.

Why? Well, because MTA never has any money, and the taxpayers have to bail them out because they are so horrendously mismanaged – so when they go out and find a buck of their own out on the street somewhere – well, they are being ‘responsible’ to the public by finding some new money!

And of course, since MTA funds are so carefully accounted, well, EVERY PENNY that marketing brings in will be one less penny for taxpayers at the next bailout – right?

There are so many reasons that this is ridiculous that I cannot even think of where to start.

1. The public is opposed to MTA’s actions against StationStops

The biggest and most obvious reason this is completely disingenuous is that MTA has received absolutely nothing but NEGATIVE public support for their actions against StationStops.

I send the updates on news coverage to MTA legal & marketing regularly- they don’t respond, they don’t talk about it, they just pretend it doesn’t exist.

If they were acting in the public’s best interest, they would recognize that making false copyright infringement claims against small businesses for $170 (how much does their LAWYER get paid for 6 weeks of this?) is not on anyone’s ‘todo’ list for MTA.

This is especially the case since Councilwoman Brewer has requested they give the data away for free – Councilwoman Brewer is elected to represent ‘The Public’.

2. Small Business Makes Money, Jobs, and Passengers – MTA wastes money.

Right now, we are in a historic recession, with NYC in the depths of it. MTA’s contribution to ‘the public’ has been fare hikes, service retraction and and tax bailouts in the tens of millions of dollars!

Meanwhile, StationStops is a small business. Its not profitable (thanks to MTA thats pretty much guaranteed this year), but it takes in revenue, PAYS taxes (not spends them), and MARKETS MTA services and adds value to its ridership for FREE. Also – it creates a JOB – mine – maybe more if they would stand out of my way.

MTA does not need lawyers getting paid more money then they are bringing in and not only shutting down but DISCOURAGING many other small businesses – small business is what is going to get us out of this recession – not MTA licensing fees – those are going down the MTA cash toilet with every other dollar they can get their hands on.

3. Their actions resulting in FEWER mobile services for passengers and NO licensing fees for data schedules.

To date, neither MTA nor any developer I have spoke with been able to identify for me a mobile developer who has signed the data license with MTA.

MTA insists that ‘many’ have, but will not say who.

They gave me a name in the past, but that developer does not have a data license, they have a map license. Different license.

So, in terms of the data license, MTA is both litigating mobile developers out of their willingness to create their own apps, while doing nothing to actually *sell* data licenses.

Again, no mobile developer I know of is interested in signing a draconian contract with a partner now infamous for pursuing litigation with its potential licensees at their first request for term negotiation.

4. Their copyright claims are false and misleading

This one speaks for itself.

Footnote on MTA’s ‘semi-public’ status.

Dealing with MTA is fun, because they switch back and forth between being a ‘private’ company and a ‘public’ one depending on which best suits their argument at the time.

At one point, when I mentioned they were distributing ‘public’ information, they insisted they were a ‘private’ company.

Now they insist that their behavior with StationStops is on behalf of ‘the public’.

Convenient, eh?

Originally appeared on: StationStops - Metro-North Train Schedules and NYC Commuting Blog See the original post here: When MTA Makes Me Spit Coffee Out My Nose

This week’s outstanding claim: That during those first few months that StationStops was on sale in the iTunes store, it contained the following disclaimer language:

“Not Affiliated with MTA”

According to MTA legal, not only was this insufficient language, but it expressly and implicitly inferrred an initial and ongoing relationship with MTA.

?!

Yeah, that interpretation is recognized about as far as the end of that MTA lawyer’s desk.

If that wasn’t insulting enough, when I asked the same lawyer to specifically submit to me the disclaimer language as he wanted it to appear, he stated – and this is a quote:

“There is no such language!”

…and offered me an ultimatum – take down my website or face cease and desist.

He didn’t offer to submit me language – he refused to submit me language on specific request – and then MTA sent a cease and desist to Apple insisting that I had refused to cooperate on disclaimer language!

In summary:

1. StationStops for iPhone has always, at the very minimum, contained the following disclaimer on its iTunes Application Page: “Not affiliated with MTA”. Anyone who is not an MTA lawyer will agree this was a logical and responsible disclaimer and in no way sought to imply anything else.

2. StationStops has always offered – and specifically requested- MTA to submit the language they wanted to appear – and was flatly denied.

3. MTA made false and misleading statements in its cease and desist to Apple insisting I was unwilling to work on disclaimer language.

4. When MTA finally expressed what the disclaimer language should contain (after the C&D) – StationStops changed it immediately, as it would have at any time.

4. MTA is seeking royalties on the ground that my disclaimer, at one time, only consisted of ‘Not Affiliated With MTA’.

If you’re wondering why I haven’t the lousy $170 and be done with it – well, you’re reading the answer – here and in the press.

I want the public to be completely aware of MTA’s litigation behavior against my app every step of the way, and do not want to give them any token for their actions.

In case you’re wondering what the new disclaimer language MTA finally agreed on:

“StationStops for iPhone is not affiliated with MTA or Metro-North Railroad, neither of which has supplied, reviewed, approved or endorsed StationStops for iPhone. StationStops for iPhone is a compilation of schedule information that has been prepared by Camel and Penguin Consulting, LLC, who is solely responsible for such information being accurate, complete and up to date. StationStops has no affiliation with MTA or Metro-North schedule information.

If you have anything on a website or application which even remotely refers to anything that MTA (or SF MUNI) might think it owns, I suggest you add this disclaimer immediately, before MTA notices and comes knocking on your door with a C&D and seeks back royalties.

Originally appeared on: StationStops - Metro-North Train Schedules and NYC Commuting Blog See the original post here: MTA Vs. StationStops: The Latest on Disclaimer Language

Video Glasses

Historically, they have been very expensive, bulky, offered a negligible viewing experience, and make you look like a freak in public. However, they are evolving, and the MyVu Crystal Amber Video Glasses for iPod are a milestone in this evolution, solving 4 of these 5 major complaints handily.

I think this review will be of special significance to Metro-North commuters, as train and air commuting are the two of the most practical scenarios for using this product.

I have complained before that, although I feel watching video on my iPhone or iPod Touch to be one of the best ways to kill time on a train commute, it can be a pain in the neck, as you have to hold the iPhone and look down at it.

Depending on the weather and direction of travel, it can also get kind of bright in the car and make it hard to see the screen.

The MyVu Crystal Amber Video Glasses solve both of these problems. The brightness of the screen is not affected by ambient light, as it is in a covered box in front of your nose, and the screen is always front-and center no matter what position your head is in, which is fantastic.

As for quality – these are the first 640×480 resolution video glasses, and I can attest that the quality is excellent – very, very watchable. The iPhone screen itself probably has better color rendition and might appear a bit ‘smoother’ – but this is completely trumped by the fact that the MyVu screen looks much larger, brighter, and has better contrast.

When I first put these video glasses on, I was expecting to see ‘how bad it would be’ – I was, instead, instantly impressed, and before I knew it, I forgot what I was doing and was 20 minutes into the movie!

I think this is the best testimonial a pair of video glasses can get – you just forget you are using some new gadget and are simply enjoying the movie.

The weight of the glasses is not a problem, I could easily watch a 2-hour movie with these on.

I was expecting to kind of see two screens and maybe need to cross my eyes or something to make them one, but this wasn’t the case – you put them on your nose and there is magically ONE screen dead center in your field of view.

The glasses only take up your top half of your field of view – you can look down and see a lot of the outside world, and even walk around the house if you needed to just by looking down.

There are two earphones which dangle off the side of the glasses, which are made by Ultimate Ears – the makers of some of the best consumer earsets around, so the audio is just great.

Charging is accomplished by plugging the included USB cable into the attached control pendant, and the unit is rated for 3 hours.

Now, for the downsides…

First off, the 800-lb gorilla in the room – although the MyVu’s are surprisingly small and light, they still make you look like Geordi LaForge from Star Trek. There is yellow-colored see-through plastic on the sides, which allows you to have some awareness of the outside world while you are watching video (like when the conductor laughs at you while asking for your ticket) – a good idea, but the colored glass is probably the most kooky-looking part of the design.

Annoyingly, if you buy the iPod version of these glasses, you get the Amber tint – if you buy the ‘generic video interface’ version, you get the dark tint, which is less freakish. However, if you buy the generic video version, I am pretty sure you can buy an add-on iPod adapter to use with it.

I would have preferred to just get the dark tint version for iPod – why MyVu doesn’t offer it I don’t know.

The fact that you can see through either side of the video screen is also a little less immersive, even if it is practical. It would be great if these glasses came with a black clip-on visor which put you in complete darkness when desired.

With the iPhone, you will probably want to put it in Airplane mode when watching video so you don’t get GSM noise through the earphones. In addition, you can only watch stored videos on your iPhone, you cannot watch YouTube videos or use other applications with the MyVu’s as the display.

If I still lived in Silicon Valley, I would have no problem wearing these on the train, except that everyone would insist I let them try them on. On Metro-North, you are going to have to commit to the fact that you are going to get some funny looks.

On an airplane, I would not hesitate to use these at all, as I could care less what they look like in that scenario, although some airplane users have noted that people still ask about them alot.

However, if you are brave enough to wear these on Metro-North, I would suggest that you are going to be having the best commute experience of anyone on the train, because I cannot think of any better way to kill time on Metro-North than watching a movie with these video glasses.

Originally appeared on: StationStops - Metro-North Train Schedules and NYC Commuting Blog See the original post here: Video Glasses – [MyVu Crystal Amber Video Glasses for iPod - Review]

Last October, Asus launched a new computer called the Eee PC which created a new class of computer of its own – the mini-notebook.

There were several features of the Eee PC which were significantly new to the market – it was REALLY small, REALLY cheap, came with a solid state drive and was only available with the Linux operating system.

Since that time, Asus has launched several new models of the Eee PC – most of the changes add new features like bigger screens, better battery life, Windows XP as an option, additional memory and new CPUs. This has all been at the expense of what was probably the greatest draw of the Eee PC – its ultra-low $299 price point.

PC juggernaut Dell, unsurprisingly, has been paying attention the entire time, and has now launched its own Eee PC competitor, the Inspiron Mini 9.

Let’s see how the new Mini 9 measures up to the current Eee PC, I configured one of each to compare them as closely as possible.

The conclusion? The Dell is a little more expensive and has the new Atom 1.6 Ghz CPU and Intel 950 Chipset, while the Eee PC 900 is cheaper, a bit smaller, and has the older 900 MHz Celeron M.

From early reports the Atom should be negligibly faster and consume a little less power than the Celeron. One should note that you can configure a Mini-9 for as little as $349 with less memory, storage, and no webcam if you don’t need those features. Finally, Dell has a special deal where if you buy certain Dell notebooks, you can get the Eee PC for just $99.

Originally appeared on: StationStops - Metro-North Train Schedules and NYC Commuting Blog See the original post here: Dell Inspiron Mini 9 vs Asus Eee PC 900

Currently, iPod headphone enthusiasts seem to be in agreement that both the Shure SE series and Ultimate Ears brand are among the best iPod/iPhone headphones you can currently buy.

I previously had a set of the lower-end Shure SE210‘s, and were very happy with them. However, the Shure SE530‘s, in addition to the Ultimate Ears Triple.fi 10 Pro, are of special note because they are part of a new breed of earphone which contain 3 drivers – similar to a traditional speaker’s usage of a tweeter, midrange, and woofer. The result is a much fuller sound than traditional earphones which have a single driver, or two drivers, for obvious reasons.

I chose the Shure Series because Shure has a special system of interchangeable adapters – you can, for example, purchase the Shure MPA-3C Music Phone Adapter for the headphones for taking calls like the iPhone’s bundled earset. The Shure Series is also a more traditional and low-key black color, while the Ultimate Ears come in nontraditional colors, and also stick out a bit from the ear.

Among the only complaints of the Shure Series is that some have found that the cable connection to the earbuds can become fragile or frayed over time. Ultimate Ear users sometimes complain about comfort, although this seems to also be subject to personal preference. Both the Shure and Ultimate Ears earbuds are the type which much be fitted and fully inserted into the ear to work properly, and both include different sizes of adapters for proper fit. Concensus is that the Shure line is more accurate in its musical reproduction, while the Ultimate Ears do have some pleasing sound coloring, which some users have preferred.

On a recent trip on Metro-North, I can confirm that the Shure SE530‘s do an excellent job of blocking out noise – perhaps as good if not better than some active noise-canceling headphones, and the sound is just extraordinary. In fact, I have converted some of my CD’s to Apple Lossless format, as the Shure SE530‘s are so accurate that they can reveal suboptimal encoding even in some of my 192kbps MP3′s – something I would have never thought possible (not to my ears, at least).

I recommend that buyers thoroughly read the reviews of both the Shure and Ultimate Ears lines before deciding, as there are great arguments for both, and the Ultimate Ears are an excellent bargain.

Originally appeared on: StationStops - Metro-North Train Schedules and NYC Commuting Blog See the original post here: Best iPod/iPhone Headphones Every Commuter Should Consider

With three interchangeable heads (camera tripod thread, suction cup, adhesive clip), the Joby can latch on to just about anything, and with its flexible legs, can keep it steady just about anywhere.

This thing belongs in any point-and-shooter’s camera bag for taking low-light shots without blurring or choosing grainy high-iso settings. Its extremely light weight (much lighter than my traditional mini-tripod), and is very easy to use. You could even grip the legs together hand-held in between tripod shots if you wanted to.

Another advantage of this unit is that the feet are rubber, so it wont scratch car roofs, etc.

In the picture I have it supporting an iPod Touch, because as any iPhone/Touch user knows, it can be a pain in the butt trying to watch a movie while holding the thing in your hand. They also have a larger model for SLR’s and another for SLR’s with a zoom.

Now if they only had an attachment so it would stick to the back of a Metro-North seat.

Disclosure: Amazon.com sent me this item free of charge for review on Amazon.com as part of the Amazon Vine program.

Originally appeared on: StationStops - Metro-North Train Schedules and NYC Commuting Blog See the original post here: Joby Gorillapod Tripod Supports Cameras, iPhone, iPod Touch, and More

1. Read the Reviews!

Seriously, Apple has started this fanaticism with buying their stuff on the day it comes out – make sure you read the reviews first. I would have bought an original iPhone except for Walt Mossberg’s concern about data speeds over EDGE. (Mossberg says the new iPhone is 3-5X faster)

Walt Mossberg at All Things Digital: “Newer, Faster, Cheaper iPhone 3G”

David Pogue at The New York Times: “For iPhone, the ‘New’ Is Relative”

Edward C. Baig at USA Today: “Apple’s new iPhone 3G: Still not perfect, but really close”

2. Make sure its the right phone for you.

Don’t be a sheep. Think about how you use your phone, about the features you use on the phone you already have, vs the features on the iPhone. Do you send a lot of email or text messages? You might want to think about not having a keyboard. Do you want to tether the phone to your laptop for 3G? It’s not clear whether the new iPhone will allow it. One handed operation? You might want a Blackberry.

3. Consider the cost of the phone – and the plan.

The iPhone’s handset price has dropped to $199, but the plan price went up so that the actual cost of ownership over 2 years is higher. Make sure you know what you’re getting into before entering the store – including text message costs. Check out the 3G iPhone pricing plans at AT&T.

4. Do you use your mobile phone in an AT&T 3G Coverage area?

AT&T has relatively little 3G coverage compared to Verizon and Sprint, although most well-populated areas are covered. Use their coverage viewer to check the areas you spend your time in. In most cases, you will still have slow EDGE connectivity when you don’t have 3G – but check your region to make sure.

Regular StationStops readers may wish to check out our map of AT&T 3G coverage over the Metro-North Railroad lines. There is also a link to a large nationwide AT&T 3G coverage map there.

5. Will you use the multimedia features?

The Apple iPhone is, of course, also an iPod and a web browser. But how much time do you spend away from a computer during the day that you will use it? For some commuters – like train commuters – you could probably get a lot of mileage out of this. However, for car commuters with computers at work and home, you might not even have the opportunity – never mind need – to use it much at all.

A study showed that smartphone users most often used their phone’s data features while in the bathroom. This illustrates how seldom the average user has an opportunity to use these features.

If you want it to watch video, keep in mind that video isn’t as reusable as music. You will need to either buy, create, or download new video content more often than music if you use it regularly.

When I first got my iPod Touch, I watched video on it on the train every day – but getting new video content every day (besides podcasts, which I don’t care for) turned out to be kind of a hassle and/or expensive, and the iTunes store was always behind my Netflix queue in new releases.

After a while, I just got tired of selecting, downloading, and syncing stuff every day and eventually reverted to my previous favorite train commuting pastime – sleeping.

Another issue I always have with my Blackberry is that I never seem to have my headphones with me when I want to listen to music or watch video.

6. If you buy one, get a case and screen protector with it – if they are available.

Probably the most annoying thing that happened when I bought my iPod Touch was that it was just different enough in size from the iPhone that none of existing cases fit. As Apple was typically top secret about revealing the dimensions and specifications before launch, no one had cases and screen protectors ready for the first few weeks.

By the time Touch cases came out, the unit was already well scratched. Whereas the iPhone is a beautiful and sleek device, it is not designed to gracefully handle the kind of abuse most of us give our phones. The first thing I do whenever I take a new iPod out of the box is put it in a case and slap on a screen protector.

7. Buy it locally, know your return policy, and commit to return it if its not for you.

Some people (like me) hate returning things. Companies like AT&T and Apple rely on that. It is rumored that the return policy on the new 3G iPhone will be extended to 30 days, and you will have to return the equipment to the store you bought it from, so be sure to buy it near your home, rather than on your summer vacation on Cape Cod. Also keep all your packing, receipts, etc. in a bag and ready to go should you choose to return it.

Check out the AT&T Retail Store Locator and the Apple Store Locator for stores near you.

If you are changing carriers, you also might want to think about not moving your mobile phone number to the new iPhone until you are certain you are going to keep it, and keeping your original account & phone active during the return period. Also make sure you are aware of any early termination fees for your original mobile phone if you are still in contract.

8. Consider the options of keeping your phone and compare other new phones and plans.

The Blackberry Bold and Samsung Instinct are the major competitiors to the new iPhone.Although the reviews of the Instinct declare it is not on par with the iPhone, it does have one interesting unique feature – some limited live tv channels.

The Blackberry is still a favorite amongst businesspeople and people who do a great deal of email and texting on the phone. Although many iPhone users are fine with the touchpad qwerty on the iPhone, some people never really get used to it and perfer the physical thumboard on the Blackberry.

The new Blackberry has a higher-resolution screen, which in video comparisons actually seems brighter and has better contrast than the iPhone, although the screen is still significantly smaller.

9. Know the iPhone’s shortcomings.

• It cannot be tethered to your laptop for 3G surfing like a Blackberry.
• It has no cut and paste functionality
• It has no global search feature
• There is not support for bluetooth stereo headsets (still a head-scratcher)
• The web browser has no Flash or Java support
• The battery is not swappable by the user (Mossberg has had his die on him one day already). Battery replacement by Apple is a whopping $86 – almost half the price of the entire phone.
• Voice calling is sketchy (Mossberg had a call dropped 3 times on a Manhattan cab ride.)
• The base plan does not include any SMS messages
• There is no expandable memory slot
• The camera is only 2MP and does not record video or have a flash
• There is no MMS support
• The GPS is not good enough to do turn by turn directions, and doesnt hold a signal well among the Manhattan hi-rises.
• There is no voice dialing or recording
• It does not support mobile Java applications (although there will be a new Apple mobile application store for third-party software)
• Some older accessories will not charge the new iPhone, but there may be adapters coming.
• AT&T’s 3G coverage is relatively poor compared to Sprint and Verizon’s (reviewers have experienced 3G dead spots – even in metro nyc area)
• The phone is cheaper but cost of ownership is higher because of the increased pricing plan
• The reception quality is below average as noted by Mossberg.
• Upcoming games for iPhone are limited by lack of buttons – tilting iPhone will be used for some, but screen is hard to see when titlted.

10. Know the iPhone’s Advantages

• Best-in-class mobile web browser has virtually no competition
• Interface is very fast, attractive, and intuitive
• Best mobile phone for music and video
• Massive content library at iTunes Store
• Best photo viewer of any phone
• Will enjoy large 3rd party accessory support – cases, speakers, etc.

Although the list of advantages to other smartphones may be smaller, I would argue that in most cases they are more significant. For example, the video and web browsing experiences on the iPhone aren’t just better than most other phones – they’re MUCH better. Also, the lack of a comprehensive multimedia store for other phones makes the music and video features of other phones far less usable.

As I mentioned before, choosing the 3G iPhone for yourself will require some research as to other people’s impressions – but more importantly, deciding which features are most important to you.

Originally appeared on: StationStops - Metro-North Train Schedules and NYC Commuting Blog See the original post here: Apple 3G iPhone Reviews, Buying Tips [Apple 3G iPhone Reviews]