94 replies to this topic

[PaulOBrien]

Incidentally, I assume as a UK based site I am outside jurisdiction of the US based Apple lawyer?

P

[Dr Who]

Paul (MVP), on Jan 13 2007, 13:18, said:

Incidentally, I assume as a UK based site I am outside jurisdiction of the US based Apple lawyer?

P

How utterly ridiculous. The product is not even released yet so how can they copyright the icon design? I take it the home screen didn't actually use the REAL icons, since they aren't available, and only used reconstructions, so where would be the infringement be? Now, could somebody PM me with the homescreen so I can have a look at it! Or is it still up at XDA?

[pd.ryder]

With any luck Cisco will wollop Apple in the US courts regarding the iPhone name

Paul - does MoDaCo not have any legal rep to assist / advise on these matters? Surely we must have some law student / graduate on the Members role?

(I'm just about to take a hammer to my Nano) - ar*eholes!!

[Ingvarr]

Paul (MVP), on Jan 13 2007, 15:18, said:

Incidentally, I assume as a UK based site I am outside jurisdiction of the US based Apple lawyer?

P

To say it more correctly, you are ouside the jurisdiction of US based laws.

But technically they still can sue you in UK by UK laws, if you've actually broke them. I dont know if UK laws already have precedents concerning posting links or references to controversial materials (more exactly, links to articles how get controversial materials, as I understand you have not even posted direct link to potentially infringing material).

[PaulOBrien]

I'm just pondering whether to publish the email in full. I've replied to the lawyer letting him know that i'm removed the image / links, and asking him why he thinks I shouldn't publish the mail?

P

[PaulOBrien]

What amazes me is how a 'couple of lines' post on our news section got from there to Apple’s lawyers to my inbox inside 10 hours?

P

[Samsonite]

publish and be damned!!!

or set a PM chain on the go showing people ...   send me a PM with it and i'll pass it on to half a dozen people etc etc...

[PaulOBrien]

Just posted on my blog:

me said:

Microsoft community liaison vs Apple community liaison

Sat, 13/01/2007 - 14:30 — Paul

Microsoft send (this week) an AMD / Vista Media Center + backpack, they make me an MVP, ask for and value my feedback, let me help test future versions, provide me with devices etc. etc. - all to help build a community of knowledgeable and satisfied users and fans of their products.

Apple get their lawyers to send me nasty letters over 1 pic and 1 link to another site.

The irony? I'm as interested and excited about the iPhone as anyone... I've probably helped pay the lawyers by purchasing 2 30GB iPod Videos recently and i've even pondered buying a MacBook Pro.

My level of respect for them has gone downhill somewhat. My message to Apple - 'make love not war' ;-)

P

P

[PaulOBrien]

I've just re-read the mail and noticed a few points:

"We represent Apple Computer, Inc."

Er, somebody should have told you they are now called 'Apple, Inc'.

"It has come to our attention that you have posted a screenshot of Apple's new iPhone and links that facilitate the installation of that screenshot on a PocketPC device."

It's a screenshot of a Pocket PC, not a screenshot of an iPhone. You don't install a screenshot on a device but, hey, i'll let you off on that one.

"While we appreciate your interest in the iPhone, the icons and screenshot displayed on your website are copyrighted by Apple, and copyright law explicitly prohibits unauthorized display and distribution of copyrighted works."

That Pocket PC screenshot is copyrighted by Apple?

P

[Stuart_f]

Are you sure this is actually from a real Apple lawyer and not someone yanking your chain?

Do real lawyers make such a sloppy mess of things as this?

[PaulOBrien]

It's definitely real... the email address and message headers correspond with the name of the law firm, who list Apple as one of their clients on their website (http://www.omm.com).

P

[Ingvarr]

Stuart_f, on Jan 13 2007, 16:55, said:

Do real lawyers make such a sloppy mess of things as this?

Of course the do.

Many "high priced" lawyers are totally ignorant in IT and Internet areas, they just have not proper idea how things work with links, skins, etc.

[pisquee]

Someone did try and sue Google in USA for linking to copyright material, but they didn't win, as Google itself was not publishing the content just pointing to where it was, so as far as US Law goes I think the precedent has been set.

Add this to the fact that you didn't actually do what Apple's lawyers are accusing you of, in that you didn't post an actual screenshot of an iPhone, then I think the Lawyers have been a bit quick without actually thinking.

[PaulOBrien]

Mail posted following contact with OMM.

P

[Jamma14]

From reading the email, it seems to me like they were a bit hasty and perhaps didn't realise it was just a theme, perhaps thinking it was the iphone os leaked and hacked to become installable on ppc? How can a free theme, and screenshots of it that were made by the author not using apple's icons be copyrighted by them? First of all they steal the name and now they try to stop a harmless free theme??      
Hypocrites.

[Socrates]

I'm not sure ther was much they could do about the link. This is a news item.

[mcwarre]

If only they owned the iPhone trademark they may have the moral high ground.........................

[tsutton]

Paul (MVP), on Jan 13 2007, 14:18, said:

What amazes me is how a 'couple of lines' post on our news section got from there to Apple’s lawyers to my inbox inside 10 hours?

Check your web logs... see if anyine from Apple has been to your site.

In fact, I'm sure they're reading this thread... *waves*

[Monolithix]

"mcwarre" said:

If only they owned the iPhone trademark they may have the moral high ground.........................

Haha Mick, love it!

[pisquee]

Someone should remind Apple that "imitation is the greatest form of flattery"