That's messed up! It would really be a hit for combination PDA/phone devices if that happens. I wonder how understanding a flight crew would be if you promised that the phone was off and you were just using it as a PDA. The article doesn't mention if the man's phone had this capability, but it was still kind of dumb to continue to refuse to put it away. I'd be pissed as hell, but I'd put it away.
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Matt