Verizon iPhone announcement on Tuesday?

There are two things that I try not to do on iPhone J.D.:  (1) post rumors.  (2) post anything on Saturday.  But I’m breaking both of those rules because of the importance of this rumor and the reputation of the sources.  The respected Wall Street Journal and other sources are unequivocally reporting that on Tuesday, January 11 at 11:00 Eastern, Verizon will announce that it is starting to carry the iPhone.  Get more info here:

  • The original Wall Street Journal story
  • The New York Times confirms the rumor
  • John Paczkowski of All Things D claims that Steve Jobs will appear at the event on Tuesday
  • Paul Miller of Engadget’s “everything you need to know” post
  • BGR claims to have confirmed that Apple Store employees are not being allowed to take vacations from February 3 to February 6.  Perhaps that is when the Verizon iPhone will be available?
  • Alan of Art of the iPhone posts a picture of the invitation to the Verizon event
  • John Gruber of Daring Fireball explains why the event will be hosted by Verizon, not Apple

I suspect that all of us know people who say that the only reason that they haven’t purchased an iPhone is that they want to stay with Verizon.  We’ll find out in a few days if these rumors are true, and if so, Verizon customers will have a tough choice:  do you get a Verizon iPhone 4 now, or do you wait for the 2011 version of the iPhone, which presumably will be introduced in June or July, as has been the case in prior years.  That’s a really tough choice.

In the news

Even more interesting hardware attachments for the iPhone and iPad were announced or reviewed yesterday, but after two days in a row of discussing other new items, I’ll take a break from new hardware today.  Next week I’ll discuss some of the other interesting products from the ongoing Consumer Electronics Show in Las Vegas.  For now, let’s turn to the other recent iPhone news of note.  (This is an extra long “In the news” because I haven’t published one since December 22, 2009.)

  • Apple released the App Store for the Macintosh yesterday.  It is obviously modeled on the iPhone App Store, and it seems to work great.  Macworld put together one of its famous “what you need to know” articles to discuss all of the features of the App Store.
  • Like (it seems) everyone else, I purchased Angry Birds on the Mac App Store to see what a game that started on a small iPhone screen would look like on my iMac’s large 27" monitor.  The Angry Birds and Egg-Stealing Pigs look pretty amazing on the large screen, although I prefer the touch controls on the iPhone and iPad versus using a mouse.  I mention the Angry Birds game because it is one of many iPhone/iPad apps that has been ported to the Macintosh, proof that the underlying system is very similar in Mac OS X and the iOS.  Indeed, Christopher Breen of Macworld wrote an article on how you can transfer the game data file from your iPhone/iPad to the Mac and suddenly the Mac version of the game knows all of the levels that you have completed, has all of your high scores, etc.  For now, doing so requires you to run some special software, but in the future it would be nice to see app developers with cross-platform apps offering an easier to use mechanism for accomplishing the same task.  When the iPhone first debuted, I sometimes thought of it as a portable Mac.  It’s funny that I now have a reason to view my Mac as a super large iPhone.
  • If you have an iPad and you have a child, I’m sure that you have downloaded one of the free or paid book apps, which kids really enjoy.  Brad Cook of The Mac Observer reported on Disney’s announcement yesterday that it has sold one million iPad app books so far.  Wow.  By the way, the Disney apps are quite good; if you want to see an example, check out the free Toy Story app.  Click here for Toy Story Read-Along (free): 
    Toy Story Read-Along - Disney Publishing Worldwide
  • Massachusetts lawyer Robert Ambrogi reviews iPleading, an iPhone app that is supposed to aid in the creation of pleadings.  He notes problems with the current version, but includes a response from the developer that a fix is coming soon.
  • Garmin is a big name in GPS devices but did not have an app for the iPhone until this week.  Mel Martin of TUAW reviews the app and finds a few drawbacks, but overall this looks like a nice app.  Click here for Garmin StreetPilot ($39.99): 
    Garmin StreetPilot - Garmin
  • If you have an iPhone 4, you can use FaceTime for videochat, but Skype and Qik are two competitors.  Well, now they are about to be one competitor; as reported by Donald Melanson of Engadget, Skype announced yesterday at CES that it is acquiring Qik.
  • Andy Ihnatko of the Chicago Sun-Times reviews the new videochat feature of the Skype app.  One big advantage over FaceTime:  you can use it over 3G, whereas FaceTime requires Wi-Fi.  Another advantage:  there are a lot more people out there using Skype for video chat.
  • If you want to get an iPhone 3GS, starting today you can get one from AT&T for only $50, as reported by just about everyone including Joseph Flatley of Engadget.
  • Kevin O’Keefe writes on his LexBlog about the iPad business model for legal publishers and law firms.
  • Brian Chen of Wired compiles a list of the “19 most wired iPhone and iPad apps of 2010.”
  • Similarly, the staff of Ars Technica complied a list of their 10 favorite apps of 2010.
  • To take a different approach, Killian Bell of Cult of Mac compiles a list of the 15 best iOS app icons in 2010.
  • Bob Tedeschi of the New York Times discusses wine shopping apps for the iPhone.
  • Tedeschi also writes about apps to help you make a cocktail.
  • Bryan Wolfe of AppAdvice reports that the Merriam-Webster Dictionary is now a free app for the iPhone.  Click here for the Merriam-Webster Dictionary (free): 
    Merriam-Webster Dictionary - Merriam-Webster, Inc.
  • Laura Sydell of the NPR show All Things Considered reports on the relationship between Apple CEO Steve Jobs and Apple’s head designer Jonathan Ive.
  • Texas attorney D. Todd Smith writes for Texas Lawyer about practicing law with the iPad.
  • Back in 2009, I reviewed the Texas Child Support Calculator app.  The developer, Texas attorney Jimmy Verner, wrote to tell me that there is now a 2011 version with lots of new features, and notes that it is a universal app so it works well on both the iPhone and iPad.  Click here for Texas Child Support Calculator 2011 ($7.99): 
    Texas Child Support Calculator 2011 - VernerLegal
  • Also in 2009, I reviewed the Louisiana Civil Code app for the iPhone.  The developer, Louisiana attorney Matt Miller, wrote to tell me that his app is now $2.00 cheaper and has new features, including AirPrint support.  I use this great app all the time, so if you practice law in Louisiana, get it now.  Click here for Louisiana Civil Code ($4.99): 
    Louisiana Civil Code - Matt Miller
  • Daniel Eran Dilger of AppleInsider writes that Apple is working with Verizon to target the iPad at corporate buyers.
  • I was honored when the ABA Journal named iPhone J.D. one of the top 100 blawgs in 2010, but I was really thrilled to see so many of you readers vote for iPhone J.D. that it won in the category of Best Legal Technology Blawg for 2010.  Thanks!  Y’all are awesome!
  • Every year, Missouri attorney and technology law expert Dennis Kennedy publishes what he calls the Blawggies, his list of the best law-related blawgs for the year.  In this year’s list, I was honored to see that he named iPhone J.D. the Best Legal Technology Blog for 2010.  Be sure to read his description of that award; it has a funny back story.  Thanks, Dennis!
  • By the way, let’s pick on Dennis a little bit.  He writes that he is a “regular reader” of iPhone J.D. even though he doesn’t have an iPhone.  That’s a nice thing to say, but let’s be honest:  how can anyone read iPhone J.D. regularly and not run to the nearest Apple Store to buy an iPhone?  The last time that I heard Dennis talk on the subject — the June 21, 2010 episode of the podcast that he does with Tom Mighell — he said that he wouldn’t get an iPhone until it came to Verizon.  If you believe the rumors, that is coming any day now, and when it does, I’m asking everyone else in St. Louis to clear the way for Dennis so that he can be first in line.  (Dennis, you’ll thank me once you get your iPhone.)  By the way, you can click here to listen or subscribe to the great Kennedy-Mighell Report podcast: 
    The Kennedy-Mighell Report
  • And finally, if you appreciate the top-notch design of the iPhone, I suspect that you also appreciate the top-notch work of the other company that Steve Jobs runs, Pixar.  The following video was created by Brazillian law student and Pixar fan Leandro Copperfield, and it is totally awesome.  I encourage you change the settings to 720p and watch this video full screen with your volume turned up:

More new iPhone and iPad accessories

Even more new hardware products to that add features to your iPhone and iPad dominate the news today with a whole bunch of other products announced or reviewed yesterday and this morning.  Here are a few of those items that struck me as interesting.

Withings Smart BabyMonitor

Withings, the company that announced one of the blood pressure devices I discussed yesterday, announced another new product yesterday, the Smart BabyMonitor. The device (due in March) will let you watch your baby from your iPhone, can monitor sound and motion, has an infrared LED that gives you night vision, and lets you measure the temperature and humidity in the room.  No price announced.

The Glif

The Glif is a device that was announced a while back, and received a ton of publicity back in November of 2010 because of the way that the manufacture of the device was funded.  (For example, here is an article in The Economist.)  The product is now available for sale and Beau Colburn of Macworld posted a review yesterday.  It is a tiny device that can prop up your iPhone 4 in a number of different ways — perfect for placing your iPhone on a table while you watch a movie or have a FaceTime call — and can also screw into a tripod base, so you can keep the iPhone steady while you take a video.  It costs $20.

Kensington PowerLift

If you want to prop up your iPhone but charge it at the same time, you’ll want to check out the PowerLift, one of several new products being announced this morning by Kensington.  The 1200 mAh battery adds up to 20 hours of music, 5 hours of video, 3.5 hours of talk, and 1.5 hours of FaceTime, and has a LED battery indicator to tell you how much power you have left.  It costs $49.99.  iLounge has more pictures.

Kensington BlackBelt

The BlackBelt is a rubberized band that wraps around the iPad to allow for a secure grip, and can also cushion the iPad against an accident drop.  Might be a good way to make sure that  your iPad doesn’t slip out of your hands while you are holding it in court.  It costs $39.99.  iLounge has more pictures.

Kensington Dual USB Wall Charger

If you travel with both your iPhone and iPad, or if you and your spouse both need to charge an iPad at the same time, it can be useful to have a way to charge both at once with a single plug.  The Kensington Dual USB Wall Charger addresses this need.  One of the USB cables is detachable so you don’t need to carry an extra cable to sync with your computer.  It will cost $34.99.

Kensington Virtuoso stylus

Kensington also announced an iPad and iPhone stylus that has a ballpoint pen on one side.  The tip looks similar to the BoxWave stylus that I really liked when I reviewed it last month.  It will cost $24.99.

BoxWave Keyboard Buddy iPhone case

Speaking of BoxWave, that company makes a case for the iPhone that contains a keyboard called the Keyboard Buddy, and Jacob Schulman of Engadget reviewed it yesterday.  He says that it has some flaws, but is probably the best of the small number of similar products that try to do the same thing.  It sells for $70.

Moshi Moshi 03i

Native Union announced a device that looks like a full size telephone called the Moshi Moshi 03i.  It comes in black or white and connects to your iPhone via Bluetooth, so you can hold this handset up to your face and make calls on your iPhone.  It costs $150.

 

New iPhone and iPad accessories

I am always interested to learn about interesting hardware accessories for the iPhone and iPad, and a lot of companies announce those products this week in connection with the large Consumer Electronics Show (CES) that starts today in Las Vegas.  Here are some of the products announcements that I have seen so far and which seem interesting:

CarTrip

Griffin announced a device called CarTrip that allows your iPhone to interface with your car’s engine.  Any car built after 1996 has an on-board computer that can be accessed to obtain diagnostic and performance information.  The CarTrip plugs in to your car’s OBD-II port to record and analyze data from your car’s computer. 


On your iPhone you run a free app called CleanDrive that analyzes data such as fuel consumption, acceleration, top speed and engine diagnostics.  Griffin says that “in addition, CleanDrive will display and reset the diagnostic codes sent by your car’s on-board computer, so you can know what the ‘Check Engine’ light is really saying.”  The device is coming soon and will cost $89.99.

Crayola iMarker

Griffin also teamed up with Crayola to develop an iPad stylus for kids that works with an app called Crayola ColorStuideio HD.  Griffin describes the product as follows:

Together with iMarker, the ColorStudio HD App allows young artists to color and interact with special “live” animated coloring book pages that move and react as they color, combining custom-produced pictures, animations, music, sound effects, and high quality special effects. For example, in one setting fish swim, doors open to reveal surprises, and mermaids serenade the young artist. The iMarker digital stylus brings the app to life. Like a marker, crayon, pen, and paintbrush in one, iMarker creates favorite Crayola colors within the ColorStudio HD App. iMarker safely interacts with iPad’s Multi-Touch display, allowing the ColorStudio HD app to differentiate between the child’s input (fingers, swipes, etc.) and the iMarker automatically. This allows intuitive, creative play that brings the accuracy and ease of a stylus but, for the first time, allows the user to both manipulate the creative space and color, without having to toggle the app between modes.

Blood pressure monitors

Michael Rose of TUAW reports that two companies announced iPhone-connected blood pressure monitors.  iHealth introduced its BP3 blood pressure monitoring system which will cost $99.95.  It can check, track, chart and share your blood pressure.

Another company called Withings introduced a similar product called the Withings monitor that will sell for $130.

Fling game controller

Ten One Design introduced a product called Fling that attaches to your iPad screen with suction cups and gives you a tactile game controller for games that use a virtual joystick.  It comes in a 2-pack (so it even works in games that have a joystick on both sides of the screen) and will cost $38.

Direct mode on the Eye-Fi

The Eye-Fi is not a new product, but a new feature was announced for the iPhone.  The Eye-Fi is an SD card that includes Wi-Fi so that you can take a picture with your digital camera and then automatically have the picture uploaded to a computer and/or sharing site — as long as you are in a Wi-Fi zone.  The new announcement is that with the upcoming Direct Mode feature, the Eye-Fi can send pictures directly to your iPhone, and you can then use the 3G on your iPhone to send the picture along.  This sounds like a neat feature.  There have been many times in the past when I have taken a nice picture with my digital camera (I use a Nikon SLR) and I wanted to immediately send it to someone but I didn’t have a way to connect the SD card in my camera with my iPhone.  Direct Mode will work with all of the X2 Eye-Fi cards including the standard $50 Connect X2 (4 GB), the $70 Geo X2 (which adds geotagging), the $100 Explore X2 (which has twice as much memory, 8GB, and handles video) and the $150 Pro X2 (which adds Class 6 read/write speeds).

And more…?

CES is just starting, so we may see even more interesting accessory announcements this week.  Plus Macworld Expo is at the end of the month, so expect to see more announcements then.

Update to MotionX GPS Drive adds spoken street names

In November of 2009, I reviewed MotionX GPS Drive, an app that gives you turn-by-turn directions.  Although I don’t use GPS apps like this very often, whenever I do find myself in need of directions in my car, I find myself using this app.  Unlike other GPS direction apps that are expensive to buy, this one is very cheap — only $0.99 — although that only gets you voice navigation for 30 days.  To get another 30 days, you need to pay another $2.99.  This works well for me — in 2010, I only had to purchase it a few times to cover all of my needs during the year — but if you use the app more often you can get a full year of service for $20 (it used to cost $25, but the price recently dropped).

I am writing about the app today to note that my biggest gripe about this app when I reviewed it in 2009 was fixed a few days ago.  Version 8 of MotionX GPS Drive adds a text-to-speech voice that can speak street names.  The voice (called “Heather”) sounds like a computer generated voice, so it doesn’t sound quite as nice as the normal voice (called “Karen”) which is a recording of a natural voice.  But the advantage is clearly worth it: when you need to turn on Jackson Ave., the app now tells you “turn right on Jackson Avenue” instead of saying “prepare to turn right” with you left wondering whether the app is talking about the street that you are just now passing or the one coming up.  This is a great improvement to the app.  Not only is the app more useful, but you no longer have to glance at the iPhone screen to see the street name, which allows you keep your eyes on the road and be a safer driver.

Another gripe I noted in my 2009 review was that when traveling in areas where 3G or Edge coverage is flaky, the app may have trouble getting the data that it needs to keep working.  MotionX GPS Drive does not include built-in maps, but instead it downloads them as necessary.  I consider this a feature not a flaw because it means that the app takes up much less space on your iPhone and you know that you are getting the most up-to-date maps.  A feature added in a prior update to the app is the ability to pre-load maps when you are using Wi-Fi before you start your trip.  This way, you have the maps already loaded even when the cellular data signal is weak, plus you reduce the need to download as much over your cellular connection.  On my iPhone, I am still grandfathered into an unlimited data plan, but if you pay for only a certain amount of data on your iPhone or iPad, it is useful to load the maps over Wi-Fi before you start your trip to save yourself from eating up a bunch of the data to download maps while you are driving:

MotionX also has an iPad version of this app available for $2.99.  It includes all of the features of the iPhone app, but takes advantage of the much larger screen.  I haven’t yet seen a way to mount an iPad in a car, although it would be awesome to have a screen that large.  (I currently mount my iPhone in my car using a Kensington AssistOne, which I reviewed two months ago and still love.)  Thus, I’m not sure how much more useful the iPad version is when you are driving.  However, I have found that when you are the copilot, it is much nicer to use the large screen of an iPad to navigate and see what is ahead.  For example, this past weekend, my family drove to the beach in Gulfshores, Alabama for New Year’s, and while my wife was driving, I used the MotionX app on my iPad to easily find out what food options we had along the route so that we could figure out where to stop.  I could have done the same thing with the iPhone version of the app, but it was a lot easier to use the large iPad screen.  (Note that I have the 3G version of the iPad; I suppose you couldn’t do ths with the Wi-Fi only version of the iPad, unless you happen to have Wi-Fi in your car.)

One nice thing about having both the iPhone and iPad versions of MotionX GPS Drive is that you can use the same user account on both devices, although not at the same time.  In other words, you can purchase a 30 day package on your iPhone, then the next week use the same package on your iPad for a few days, then go back to using it on your iPhone.  When you have the package activated on one device and try to use it on another device, the app usually asks if you want to switch to make the new device the one on which the account is active.  Just tap yes, and you are on your way.  I say “usually” because on occasion I’ve actually been able to use the app simultaneously on my iPhone and my iPad, at least for a short while.

As is true with any GPS guidance device, you still need to use your common sense.  I often find that the route picked by the app is not the app that makes the most sense to me.  Fortunately, as you drive, the app sees that you have strayed from the original route and calculates a new one.

MotionX GPS Drive is a great app with tons of features.  I’ve only skimmed the surface here and in my original review, but you read about all that the app can do on the developer’s website.  I recommend that you give it a look if you are thinking about using your iPhone or iPad to help you navigate.

Click here for MotionX GPS Drive for iPhone ($0.99):  MotionX GPS Drive - MotionX™

Click here for MotionX GPS Drive HD for iPad ($2.99):  MotionX GPS Drive HD - MotionX™

The iPhone was not ready for 2011

It was just two months ago that I noted that there was a bug in the iPhone’s Clock app that resulted in alarms going off at the wrong time after Daylight Saving Time ended.  This past weekend, you may have noticed that the alarm in the Clock app was once again having problems after a significant date event, this time after the shift from 2010 to 2011.  As I noticed when my alarm did not go off on Sunday morning (fortunately I was already awake), any nonrepeating alarm simply would not work.  Several iPhone J.D. readers wrote me to report similar problems.

Apple told the New York Times that the alarm function is supposed to start working again starting today.  That’s great to hear, but for the countless people who (like me) depend upon an iPhone as an alarm clock, these two problems within only two months raise doubts about whether the Clock app can be trusted in the future.  As John Gruber of Daring Fireball stated (noting the obvious):  “the alarm system in iOS is in need of a good code auditing.” 

I suspect that I’ll continue to use the Clock app and give the alarm function one more chance, but the next time that we have a significant date event, you can be sure that I’ll set a backup alarm.  The problem is guessing when that next event might be.  Groundhog Day on February 2?  Chinese New Year on February 3?  Mardi Gras on March 8?  March 13 when Daylight Saving Time starts again?  Flag Day on June 14?  I might need to set a lot of backup alarms.

Happy New Year!

I won’t be posting to iPhone J.D. this week because of vacation travel, but I am working on some interesting items for 2011.  I hope that you and your families are enjoying the holidays and I wish you a very Happy New Year.

If you have not yet had a chance to vote for iPhone J.D. in the ABA Journal Blawg 100, voting ends at the close of business on Thursday, December 30th.  For those of you who enjoy reading iPhone J.D., it would mean a lot to me if you took a minute and voted.  And for all of you who have voted already, thanks for being so considerate.

Most of all, thanks for all of your e-mails and comments in 2010.  See you next year!

-Jeff

In the news

It is a short week on iPhone J.D. due to Christmas, but there were still several news items over the past few days that are worth mentioning.  All my best to you and your family during this holiday season.

  • A picture is worth a thousand words, and the App of the Day website created a neat graphic displaying some statistics for the 300,000+ apps available in the App Store.  Worth a look.
  • Camera+ is an app that I reviewed on August 11, 2010.  I liked a lot of the features, but I especially liked that you could hold your iPhone like a camera and press a volume button to take a picture.  Apple disapproved of this unauthorized use of an iPhone button, and promptly removed the app from the App Store the next day.  Since then, the app has spent several months sitting in the corner in time out, but yesterday version 2.0 of the app was released and now it is back on the App Store.  Version 2.0 has some nice new features for taking and modifying pictures and is faster, but unfortunately (and predictably) version 2.0 removes the the ability to use the button.  I contemplated not updating, but then I’ll lose out on the new features and future updates.  For a limited time, the app is half price, just $0.99.  Click here for Camera+ ($1.99): 
    Camera+
  • The second generation of Apple TV was released in September of 2010, and in October Apple announced that 250,000 had been sold.  Yesterday, Apple announced that it will sell the one millionth unit some time this week.  The Apple TV is a great iPhone and iTunes accessory, although as I recently reported, it has some problems if you have an older TV that doesn’t have an HDMI port.  Still, if you have a new TV, you’re likely to find the new Apple TV worth $99 — and apparently a million other people agree.
  • If you use DirecTV like I do, the DirecTV app (which I reviewed over a year ago) is really useful.  The app lets you set your DVR to record a program no matter where you are.  Greg Alsobrook reports, on the useful DBS Talk forum, that the app now contains a QR code scanner to set recordings.  The idea is that you see a QR code — those square, black-and-white graphics that work like a bar code — in a magazine advertising a program, and you just point your iPhone at the QR code to tell the DirecTV app which program to record.  Once we start to see these codes, this could be a useful feature.
  • Ed Finkel of the ABA Journal reports that the state of Nebraska created a free state court docket app for the iPhone.  I’d love to hear from anyone in Cornhusker State on how the app works.  [UPDATE:  Omaha, Nebraska attorney Harvey Cooper tells me:  “I have the Nebraska Court Calendar app.  It provides the upcoming docket for county and district courts, except those in Omaha.  (Omaha is not on the statewide Justice system yet so we can’t efile at this time.)  You put in the county, court and caption and it gives you the upcoming hearing schedule.  No access to the docket sheet or pleadings however.  It also gives you upcoming dates entered by the court such as pretrial conference and when pretrial motions are due.”  Sounds useful.  Click here for Nebraska Court Calendar (free): 
    Nebraska Court Calendar - NICUSA
    ]
  • Michelle Higgins of the New York Times identifies useful apps for frequent travelers.
  • Speaking of traveling, if you are doing so during the holiday season on Delta, perhaps you’ll notice that Delta has started to install charging stations in 19 U.S. airports, including all seven of Delta’s domestic hubs.  Get more information on Delta’s official blog.
  • And finally, the members of the Finish female group Lauluyhtye Viisi usually perform a cappella, but they picked up some iPads (which only became available in Finland a few weeks ago), loaded a few instrument apps, and recorded a cover of the classic Madonna song Material Girl.  Their voices alone are beautiful — check out their website to hear their amazing harmonies, albeit in a language that you probably won’t understand — but the iPads add a nice touch to this recording:

I have the Nebraska Court Calendar app.  It provides the upcoming docket for county and district courts, except those in Omaha (Omaha is not on the statewide Justice system yet so we can’t efile at this time)  You put in the county, court and caption and it gives you the upcoming hearing schedule.  No access to the docket sheet or pleadings however.

iPhone and iPad deals

If you are looking to give someone the gift of an iPhone or iPad this week, here are two great deals.

Are you a Sam’s Club member?  If so, Vlad Savov of Engadget reports that you can get an iPhone 4 for $147, the lowest price I’ve ever seen for it.  You can also get an iPhone 3GS for $47.

According to a report by Mark Gurman of 9 to 5 Mac, if you buy an iPad from Best Buy, you get a free MiFi, one of those small devices that uses an AT&T, Sprint or Verizon 3G signal to create a Wi-Fi network for up to five devices, including of course your new iPad.  By comparison, if you buy an iPad from a Verizon store, the MiFi costs $130.

By the way, Apple just released a cute Christmas-themed iPhone ad called “Under the Covers.”  Here it is:

iPhone photos and videos as evidence

I’ve frequently written about how an attorney can use an iPhone to manage documents, photographs, videos and other evidence.  What I haven’t thought about as much is clients (or opposing parties) using an iPhone to create evidence.  Of course, people have been using cell phones to take pictures and capture video of crime scenes, torts, and other activities for a long time now, but now that we have a very good camera on the iPhone 4 along with easy to use tools for sharing those photos and videos, I suspect we’ll see more in the future.

I thought about this over the weekend when I read this post by Mike Masnick, the CEO and founder of TechDirt.  The article discusses the Ninth Circuit’s opinion in Norse v. City of Santa Cruz, No. 07-15814 (Dec. 15, 2010), a case in which the plaintiff claimed that his free speech rights were violated when he was kicked out of a city council meeting after making a Nazi salute.  In a concurring opinion, Chief Judge Alex Kozinski notes that it is clear that “Norse’s sieg heil was momentary and casual, causing no disruption whatsoever” and further notes “there’s no need to take my word for it” because a video of the incident is on YouTube.  (Video is here.) 

Masnick says “this may be the first time that I can recall a judge noting that even without official evidence being entered, you could just go watch the events in question on YouTube.”  I don’t know if that is quite right; the concurring opinion notes that the video is “also found in the record.” 

Regardless, what struck me is how different it can be to read facts in a Statement of Facts and to actually be able to watch the video as if you are there.  Of course, pictures and videos can be deceiving because of the angle of a photograph, events that occur off-frame, editing, etc.  Even so, as more and more iPhones and other sophisticated smartphones get sold and essentially everyone carries a phone with them at all times, I’m sure that we will see more and more cases in which events in a lawsuit don’t have to be described, often by witnesses with inconsistent memories.  Instead, we can just hit the play button on an iPhone.