Guest Paul (MVP) Posted January 13, 2007 Report Posted January 13, 2007 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
Guest Samsonite Posted January 13, 2007 Report Posted January 13, 2007 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...
Guest Paul (MVP) Posted January 13, 2007 Report Posted January 13, 2007 Just posted on my blog: 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
Guest Paul (MVP) Posted January 13, 2007 Report Posted January 13, 2007 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
Guest Stuart_f Posted January 13, 2007 Report Posted January 13, 2007 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?
Guest Paul (MVP) Posted January 13, 2007 Report Posted January 13, 2007 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
Guest Ingvarr Posted January 13, 2007 Report Posted January 13, 2007 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.
Guest pisquee Posted January 13, 2007 Report Posted January 13, 2007 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.
Guest Paul (MVP) Posted January 13, 2007 Report Posted January 13, 2007 Mail posted following contact with OMM. P
Guest Jamma14 Posted January 13, 2007 Report Posted January 13, 2007 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?? :D :D :) Hypocrites.
Guest Socrates Posted January 13, 2007 Report Posted January 13, 2007 I'm not sure ther was much they could do about the link. This is a news item.
Guest mcwarre Posted January 13, 2007 Report Posted January 13, 2007 If only they owned the iPhone trademark they may have the moral high ground.........................
Guest tsutton Posted January 13, 2007 Report Posted January 13, 2007 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*
Guest Monolithix (MVP) Posted January 13, 2007 Report Posted January 13, 2007 If only they owned the iPhone trademark they may have the moral high ground......................... Haha Mick, love it! :)
Guest pisquee Posted January 13, 2007 Report Posted January 13, 2007 Someone should remind Apple that "imitation is the greatest form of flattery"
Guest mikealder Posted January 14, 2007 Report Posted January 14, 2007 Someone should remind Apple that "imitation is the greatest form of flattery"If they didn't want it to be seen why release it to the press six months before it will be made available? - stupid marketing stunt IMHO. As for the legal team they really do look like they know what they are doing, think of the extra publicity this is generating though - and in areas that potential sales will come from. Anyhow, looks real smart on the Artemis and C-III - not quite finished, and I better not post any pictures, but I will be showing off the new toy to all and sundry come Monday morning - Mike
Guest FragMeister Posted January 14, 2007 Report Posted January 14, 2007 I got the two zip files containing the "icons" from xda-developers yesterday afternoon. later, while trying to see how the "unread sms" clock and calendar could show actual values rather than just be bitmaps, I then saw that the files had been REMOVED - following Apples laywers throwing their weight about. :) Seems strange that Modaco got contacted before xda-developers (where the actaul files were). Or maybe it is just that Paul was quicker to take notice of their bullying
Guest phil12345 Posted January 14, 2007 Report Posted January 14, 2007 the icons and screenshot displayed on your website are copyrighted by Apple so apple are saying they now own the start and taskbars of windows mobile???
Guest Sprint Media Posted January 14, 2007 Report Posted January 14, 2007 Problem with Apple anything published relating to iphone and the copyright of iphone they could be in alot of trouble until the copyright case is sorted there more protecting themselves although use of the iphone title relating to apple products could in turn mean cisco could sue modaco for misuse of a copyrighted name. so Apple as much as i dont like them, could be protecting modaco in many ways. Paul - Pm me please regarding one of our previous conversations
Guest peekie Posted January 14, 2007 Report Posted January 14, 2007 I think the phone wont be called iphone as apple tryed to sue kpn here for the iphone name they have used for the internet portal for many years now its apple who are being sued , the next thing that lame company will do is forbid the use of the name apple for apples , they would if they could :)
Guest turn2dust Posted January 14, 2007 Report Posted January 14, 2007 just an observance, but it sounds like baloney.. since any 'legal' team for Apple would know that they are no longer called 'Apple Computer, Inc'
Guest Syphon Filter Posted January 14, 2007 Report Posted January 14, 2007 What a bunch of tossers! I hope that people (not necessarily here) who consider this sort of behaviour synonymous with companies like Microsoft and who are constantly singing the praises of the glorious, can do no wrong company that is Apple see what a bunch crap that is. Apple Inc. is a company run by a bunch of pot smoking hippy kids with some good designers who realise they have no solid competence and as a consequence are terrified that their business will fall flat on its face once someone else copies one of their ideas. There is no other reason for them to pursue this sort of thing so fiercely and with such speed. If they think they protecting themselves by such behaviour they are sorely mistaken. It will merely serve to highlight what they are REALLY like. @ Paul, have you considered telling the press about this, just to put it into the public domain (ie the mainstream media).
Guest Paul (MVP) Posted January 14, 2007 Report Posted January 14, 2007 @ Paul, have you considered telling the press about this, just to put it into the public domain (ie the mainstream media). Nope, don't see what it would achieve, and don't know who i'd speak to to do so :) P
Guest mikealder Posted January 14, 2007 Report Posted January 14, 2007 Why not create the same screen shot using only WM icons, that way the set-up is legal - with no copywrite problems, if the Apple legal team think they have control over software that has existed for quite some time before they decided such an interface would be a "good idea" then think again! - I am sure its only the icons/ ring tones that are the issue, if they are claiming the shortcuts from the front HMI screen is their sole right then they need to re-consider options, perhaps the program creator of CLaunch might have something to say. If we decide to use a black background to the device so what! Stick to the WM or software supplied icons and I see no problems. Mike
Guest BigTastyBurger Posted January 14, 2007 Report Posted January 14, 2007 @ Paul, have you considered telling the press about this, just to put it into the public domain (ie the mainstream media). He doesn't need to - it's been digged, as Apple have been weilding the big stick to lots of other sites, too. Agreed, Apple need to stop being tossers over this - their attitude sometimes does betray all the BS Jobs likes to trot out about being open with the community.
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