2009 has been one of the trickiest years in Apple’s recent history - lawsuits to the left and right, Steve Jobs’ enforced hiatus and rumbling of discontent over the App Store and much, much more.
We’re going to put forward the evidence for the prosecution and defence in TechRadar’s kangaroo court.
Is Apple guilty of losing the plot? These arguments for the prosecution and defence can help you decide.
1. Mac clones
The prosecution
Apple is currently embroiled in a bitter courtroom battle with Psystar - a Mac clone maker which argues that the Mac operating system should be set free to run on any platform - and that anyone should be able to make a Mac, not just Apple.

PSYSTAR: When is a Mac not a Mac?
A free and fair market for Mac clones would deliver better value for money for consumers, and would make the Mac software available on a wider variety of computers – addressing demand among some PC users for a high quality, low cost alternative to Windows.
Apple would also benefit from opening up the Mac platform to third-parties. It would be able to grow market share for the Mac, it would spur innovation and competitiveness and would satisfy demand for cheap Macintosh computers, leaving Apple to retain its status as a premium computer maker.
The defence
Apple is not now, and never has been, a software company – it’s a hardware company.
The software it makes, good as it is, is really a means to an end. Customers get hooked on the user experience and so buy the hardware – Mac, iPhone, iPod and so on.
In doing that Apple has been able to carve out a small, but growing niche for itself as a premium computer and consumer electronics maker. And it’s very happy to keep on doing so. The last time it licensed Mac clones in the mid-1990s, it proved disastrous for the company – it leeched hardware sales away to lower cost rivals and was one of the reasons Apple nearly went to the wall.
If Psystar wins, it could well be the beginning of the end for Apple as a hardware company and everything than follows from that. Hardware companies like Dell may have expressed interest in Mac OS X in the past, but Apple’s vertically integrated business model works very well – it doesn’t have to support a bewildering variety of third-party and legacy hardware like Microsoft does.
It can deliver a complete platform where every component (hardware and software) has been designed to work well together. If you don’t like it, don’t buy a Mac. There are plenty of other PC makers out there.
2. The App Store
The prosecution
It’s a mess. Apple appears to be making policy on the hoof, approving some apps, while denying others - the current row over Google Voice being a case in point. All of this would be avoidable if Apple stopped insisting on being a monopolistic gatekeeper and enabled anyone to develop software for the iPhone and iPod touch - and then let them sell those apps on the open market.
Instead, Apple insists on taking 30 per cent of anything developers make, and coming up with an arcane approvals process only it understands.
Apple uses open source when it suits its own business practices, but denies access to those who want to do the same. Result? A thriving hacking community that Apple has to play a pointless game of cat-and-mouse with.
The structure of the App Store also makes it difficult for developers to get their apps under customers’ noses - many simply vanish without a trace unless you know to ask for it by name using the Search option.
The defence
Some of the arguments presented by the prosecution are fair, but let’s look at it another way. From the moment the iPhone was launched in January 2007, Apple CEO Steve Jobs argued that the iPhone should be a ‘closed’ platform, chiefly so users wouldn’t have to put up with badly programmed apps that stopped their phones from working properly.
Since then Apple has made several concessions to developer and consumer demand - first by opening up the iPhone to third-party web apps, and then by enabling developers that could be developed for the iPhone under a strict approvals process that tries to ensure standards, while delivering a good user experience.

ALL GO: Spotify is one of many third-party apps that Apple has approved for the iPhone
Apple didn’t have to do this. The overwhelming success of the iPhone – and the enthusiasm of developers and customers for it has inevitably caused some problems, but Apple is learning fast.
Last week it approved 1,400 apps for use on the iPhone in a single day, and it has granted approval to apps that compete, in some cases, with its own business offerings.
This way of working has been so successful, it’s already been copied by RIM with its BlackBerry store, Palm and Microsoft. Google’s business model for Android is different. If you don’t like the way Apple works, don’t complain about it – go get a Google phone instead.
3. Build quality
The prosecution
Exploding iPhones. iPods and Macs that catch fire, dodgy marketing claims that can’t be met by the real world demands upon the product.
Apple isn’t the BMW or Mercedes or computer makers - some days its products would make a five-year-old blush. If the company continues to demand a premium for its products, it had better make damn sure its products are up to snuff. In a great many cases, it doesn’t.

MACBROKE: Some MacBook Pros suffered a faulty graphics card
Apple is guilty of placing too much emphasis on the demands of its marketing and design arms, and not enough on quality engineering. Apple’s obsession with secrecy also stops its products – both software and hardware – from being rigorously tested in the field, which is why you end up with problems – from blue screens of death on Leopard to oily palm marks and faulty video cards on MacBooks.
The defence
A lot of the claims about hardware ‘failure’ actually have dubious merit, which is why Apple investigates them. Firstly to establish that fraud isn’t taking place; secondly to ensure that if there are real problems they can be investigated and a remedy found.
Where problems have been found in the past, Apple has issued recalls and fixed them for free, but often the problems aren’t of Apple’s making – remember the dodgy laptop batteries of a couple of years back? It affected a wide range of PC makers, not just Apple, and the problem was laid squarely at Sony’s door.
It’s also true to say that when you have a product as successful as the iPod, iPhone or even the Mac, there are inevitably going to be a few rogue examples that don’t measure up – it’s something all manufacturers have to deal with.
Apple has a 14-day returns policy, offers a free 1-year limited warranty and offers an extended 3-year warranty called AppleCare. All Apple products are subject to continuous assessment and improvement – which is why Apple’s latest MacBook Pros offer a unibody enclosure, designed to make them more robust.
4. Innovation
The prosecution
The world’s ‘most innovative’ company simply doesn’t innovate any more. It’s been two years since the launch of the iPhone, and all we’ve had since then are some unexceptional software and hardware updates.

TV FLOP: Apple TV hasn’t been Apple’s finest hour
In many cases Apple has actually fallen behind the market – it still doesn’t offer a netbook or tablet PC, you can’t buy a Mac with a built-in Blu-ray drive and even the iPhone has stalled – Apple still only offers one form factor, when surely it should have come up with a variety of different models – and at different price points by now.
The innovations it has introduced have flopped: Apple TV being a prime example. Even Microsoft has more interesting hardware these days – just take a look at Courier.
The defence
Wow. Let’s take a look, shall we? Most companies would struggle to come up with one true innovation in a lifetime let alone several – Apple has the Mac, the iPod and the iPhone for starters.
Apple continues to lead, while other PC makers – hardware and software – follow. It has come up with a raft of innovative features in the last couple of years, from the unibody construction of the MacBook Pro, to Grand Central Dispatch and Open CL in Mac OS X 10.6 Snow Leopard. Snow Leopard also sets the stage for future OS innovations.
Apple has also had a hand in helping Intel develop a simplified, multi-protocol interface for high-def displays with Light Peak. There’s also more to innovation than just being first – there’s also being right. Apple didn’t invent the portable MP3 player; its innovation was doing it better than everyone else. It didn’t invent the smartphone, but the iPhone solves a lot of the problems rival smartphones created.
Apple argues that it’s not interested in making a netbook, chiefly because it already has the iPhone – which is powerful, pocketable PC. It doesn’t follow that Apple is completely immune to the idea – and there’s plenty of evidence to suggest that it is prepping a consumer tablet PC for launch early next year. But it’ll only do so when it can offer something truly innovative to users, and that it can charge a premium by doing so.
5. Security
The prosecution
Apple is complacent about security, despite increasing evidence that hackers are now targeting the Mac with malware, worms and other threats.
Its apparent security strength is more of a result of the Mac platform’s obscurity than anything else. The Mac operating system still switches off the built-in firewall by default and the latest version – Mac OS X 10.6 Snow Leopard – actually shipped with a vulnerable version of Adobe Flash that left Mac users who installed the software open to attack.
Additionally, the malware ‘protection’ Apple offers in Snow Leopard is laughably poor. It doesn’t even address all the current threats to the Mac platform. Oh, and the iPhone’s anti-phishing protection doesn’t work.
The defence
Of course it’s right that Apple should take malware threats seriously – and there’s plenty of evidence it does.
It offers regular security updates for its operating system and associated software. It’s actually taken a great deal of trouble in Snow Leopard to beef up security at the ground level; and to warn users against installing unverified applications.
Both the Mac and iPhone have nothing like the legions of hackers lined up against them that Windows has – Microsoft’s own December 2008 security report showed that millions of PC worldwide are infected with malware.

