steve jobs does an illegal phone call

csensecsense
Posted:
in iPod + iTunes + AppleTV edited January 2014
According to Apple site on iphone, under the iphone picture its says "This device has not been authorized as required by the rules of the Federal Communications Commission. This device is not, and may not be, offered for sale or lease, or sold or leased, until authorization is obtained"



So Jobs announcement of the iphone and making a call to his friend to demonstrate the iphone as well as pricing, is illegal according to FDA.



Announcing a price is an offer to sell. Or am I missing something

Comments

  • Reply 1 of 8
    b3ns0nb3ns0n Posts: 95member
    You're missing something.



    a) When Steve made the call, the phone wasn't being offered for sale or lease, sold, leased, as stated is prohibited. He was using it. It doesn't say "may not be used". Surely manufacturers have to be able to test prototypes before they're released?



    b) In the context of this, offered for sale I would assume means "made available to purchase". The iPhone is alas not available to purchase. The displaying of prices in a shop window and on the internet generally is an invitation to treat, not an offer to sell. Even in a shop/store, it is the assistant who makes the offer to sell when she accepts the goods you try to put through her checkout, and you accept that offer by making payment. (see, e.g. Fisher v Bell [1961])



    This is coming from an English law student, however, so I'm not sure how much applies in the US. Just thought I'd put in my two pence worth.
  • Reply 2 of 8
    brussellbrussell Posts: 9,812member
    I've never seen such a self-contradictory post.
  • Reply 3 of 8
    csensecsense Posts: 3member
    Thanks for the answer especially point b.



    it was more than two pence worth
  • Reply 4 of 8
    shady104shady104 Posts: 332member
    also i think your somewhat confused. its the FCC not the FDA...FDA is in charge of rx drugs not cell phones.



    alsxo i thought about that too but then realized that before a compay submits a phone to the FCC they have to test it out.
  • Reply 5 of 8
    dfilerdfiler Posts: 3,420member
    News flash: Manufacturers always test RF devices before approval for public sale. It is perfectly legal as long as you follow the appropriate regulations.
  • Reply 6 of 8
    shady104shady104 Posts: 332member
    Quote:
    Originally Posted by dfiler View Post


    News flash: Manufacturers always test RF devices before approval for public sale. It is perfectly legal as long as you follow the appropriate regulations.



    yes like im assuming that cant be his cell phone that he actually uses. that would be ilegal.
  • Reply 7 of 8
    moviecuttermoviecutter Posts: 72member
    Quote:
    Originally Posted by shady104 View Post


    also i think your somewhat confused. its the FCC not the FDA...FDA is in charge of rx drugs not cell phones.



    Please do not eat the iPhone...
  • Reply 8 of 8
    hirohiro Posts: 2,663member
    Quote:
    Originally Posted by MovieCutter View Post


    Please do not eat the iPhone...





    Yes, that's good advice since it is officially a hazardous material*.





    * The official definition of hazardous material boils down to -- any material or composite that is not meant to be eaten or applied to the human body. The real definition is much more legaleese, but read it sometime . And It's not the FDA's definition, but OSHA's definition. The FDA only regulates things that go into or onto your body and therefore are not hazardous materials.
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