Can you believe it... yesterday, in this topic, I posted a link to a post on XDA-Developers, where an enterprising member had created a Pocket PC today screen to mimic the Apple iPhone.
It's worth pointing out I just posted a link and a screenshot... NOT the actual files required to DO the installation.
Well, this morning in my mailbox I find a letter from Apple's legal team (O’Melveny & Myers LLP, San Francisco) entitled 'Unauthorized Dissemination of Apple Computer Copyrighted Material by MoDaCo' demanding I remove the said link and the screenshot. Crazy or what? Unfortunately the mail was marked 'NOT FOR POSTING', exactly how bound I am by that i'm not sure.
A bit excessive IMHO... and although I can accept that they can get upset over the screenshot, can they really demand I remove the link too? :-S
P
[Edit: Full content of email (minus names / numbers / addresses) posted here]
Comments
Indeed, Apple may have its
Indeed, Apple may have its work cut out for it if it aims to clamp down on both developers of free iPhone-like icons and themes , as well as blogs that talk about them.
Re: Apple legal throw their weight around...
Apple are idiots. They are just a Microsoft wannabe, but in tighter pants. I've never forgiven them for making Emagic Apple only. What if Microsoft did that with Word, erm? It did do me a favour now, Nuendo, yeah!!
What is a link?
I must admit I am not a legal expert at all, but you cannot do other than wonder "what is actually a link?", esp in legal terms.
"To answer the question on your blog, it is within Apple's rights to demand that you remove the link to the XDA Developers forum. Providing links that facilitate the distribution of copyrighted material constitutes contributory copyright infringement."
What does this mean?
Providing links that facilitate ... does this also include a link to your blog on my blogroll? How far does the cascade go? Key word here probably is "contributory" as where the severity is probably defined as "being close to the source".
But still, if you think about it we are all guilty as the internet nowadays is little more than one "big link", eg it all hangs together. As such it would be nice to see this one in court - care to try?
Re: Apple legal throw their weight around...
Hrm... Well they are a few years late to the smartphone race. Perhaps it took that long to recover from the Newton losses? Then again, that was a pretty cool device.
Re: Apple legal throw their weight around...
What would Apple's lawyers do if you posted photos comparing the iPhone to the LG KE 850 phone (type it into your favourite search engine), which was announced in December, is expected to ship in March, and apart from fitting in the palm of your hand better than the iPhone, looks awfully familiar....?
Just who is copying whom?
Apple and lawsuits
Apple and lawsuits
To me and to many others the ccompany apple stands as another word for assholes. Arrogant ones too. I used to buy and use their products, but as things have developed my frinds and me has ceased to do so. We dont want to see them receive a single dime to further build up their arrogance.
Our attitude against against Apple has come to be: Mimic or copy everything you can with the sole purpose to see less profit for Apple.
I hope that company ceases to exist and Steve Jobs walking outside searching trashcans for food.
They are as RIAA and others making themselves hated. The reward for it will come in time.
If you go back to Mac you
If you go back to Mac you can use a spell checker
Hooray for the sMacDown
Yeah, or you could use firefox on any platform to do the same. Then you don't have to worry about a corporation that 'stole' the product name 'iPhone' telling you what you can and can't do.
If the company ceases to
If the company ceases to exist, then who are you going to copy?
Apple's legal team
Of course, it all comes off rather heavy handed but Apple is not two guys in a garage anymore. They are one of the corporate monsters and this is a corporate requirement.
Companies are forced to defend their trademarks and patents. It is simply the corporate knee jerk reaction. If they don't defend them then this means they have abandoned them and others will have the right to use them.
This is why Xerox takes out ads in writers' magazines reminding them to not use Xerox as a verb for copying something.
Klenex did not defend their name and now many people use that word as "tissue".
Thanks for information...
Thanks for information...
Re: Apple's legal team
I think Apple and its followers or should I say the brainwashed drones are scary. Apple took their ideas from companies like Xerox and have the nerve to bully anyone that makes anything similar to their look!!! Guess they never heard "Imitation is the sincerest form of flattery"
Apple cares about copyrights?
I don't think you pay any attention to the Demand letter. They stole the iPhone name from Cisco (who can trace it to 1996), so what does it matter. Tell them to clean house first (god I wish our courts worked like that).
I can see why they might be
I can see why they might be able to "demand" that you remove a screenshot if you were hosting the image on your Modaco domain, but if the image and all files were hosted on the XDA-Developers site, you should have told the complaintants to EAD !.
Hosted
I was hosting the screenshot on my domain, fair enough, but not the actual files... and they demanded I remove the link.
This was their response to me querying that:
"To answer the question on your blog, it is within Apple's rights to demand that you remove the link to the XDA Developers forum. Providing links that facilitate the distribution of copyrighted material constitutes contributory copyright infringement."
You might also give
You might also give O’Melveny & Myers LLP a tip that their employer is Apple Inc., not Apple Computer Inc as of the day iPhone was launched. :)
Unless you guys on here can
Unless you guys on here can compete with someone who has a Law degree from Stanford or Yale Law School then I would advise you to comply with demand letters or else you will have some serious headaches. Believe me this firm is a force to be feared when it comes to law.
Of course
Of course... we removed the link and the screenshot immediately upon request. :-)
Whether they had legal grounds for requesting removal of the link is dubious IMHO (I'll take their word for it however)... whether the action was unnecessarily heavy handed is surely not in question.
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hehe
I noted that over on MoDaCo, but figured OMM might not appreciate me pointing that out ;-)
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Demand? Sure, they can demand.
Demand? Sure, they can demand. But you don't have to do anything to be in compliance with the law. (And you surely already knew that.)
One of my hosting customers posted a link to a multimedia file on AOL's servers, and a lawyer from Arent Fox phoned me, telling me that he wanted their copyrighted material off my server. I tried to explain to him that the copyrighted matter was on AOL's server, not mine, but he seemed to have the cognitive powers of an overripe avocado. Finally, I just told him that within an hour, there wouldn't be any of AOL's copyrighted matter on my server. Since it wasn't there in the first place, that was the simplest solution.
On the other hand, an uncle of mine was a lawyer. He told the story of a client who called for legal advice on the weekend. He listened to the story, and said, "We can talk about it on Monday. In the meanwhile, don't worry too much about it; they can't put you in jail for that." The client replied, "But you don't understand. I'm calling from the jail...."
Your worst humiliation
is only someone else's momentary entertainment
As much as I love Apple
As much as I love Apple, and all of their products... this legal twitching of theirs is annoying.
Saying that though, Microsoft have done similar lately. They just *love* screwing over us little guys who dare to be creative.
Meh!
about apple
At the end of the day...if I owned a large company such as "apple" I would have laughed off what I would have primarily seen as just a small emulation of one of my product lines AND would have been pleased as punch that someone wanted to show our company/products off free of charge.
You did nothing wrong IMO Paul and I would have been grateful at the small but kind FREE advertising that your today screen etc represented.
APPLE=Foolish........ and SAD
Re: about apple
There's no such thing as bad publicity right?
Can't complain at Apple doubling my hits for that day ;-)
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