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Apple Forces Aqua Themes Off themes.org
Teferi writes "I was browsing t.o and just noticed this - Apple has apparently sent a Cease and Desist letter to themes.org stating that several of the OSX-look themes up othere are copyright violations, because they use the Apple logo in one or two small places (like this theme). " I've actually exchanged mail with OctobrX on this one, and read the C&D letter. Apple's stating violation based on using of copyrighted materials - the Mac OS and Apple logos in this case. Hopefully, now that Apple is talking with the creator of the themes, things can be resolved amicably, and the themes restored - but for the meantime, the themes have been pulled.
As someone on themes.org said, this is purely a trademark issue, since they left other themes that do not use the Apple symbol, but do use a MacOS look alone, e.g., Aqua.
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bgphints - internet routing news, hints and ti
remove the trademaked icon and post it again. no problem ...
A.) If you remember a few weeks ago, Linus Torvalds had to do a similiar thing with people that were using the Linux logo and violating the Linux copyright. Most people were able to understand how Linus could be so worried about the Linux name, but when Apple does the same thing, many people on Slashdot are getting upset. Apple has to defend their copyrights or they risk having a more major copyright infringement go unpunished because they wouldn't punish the smaller ones.
B.) Honestly, if you designed an operating system and someone else designed an OS (over even a theme) that LOOKED like yours, down to the logos - wouldn't you be a little upset too?
I hope that Apple will be understanding and allow Themes.org to repost the themes with the Apple logo's removed. But I have to agree with what they are doing.
kwsNI
IMO, Apple acted perfectly responsibly. The Apple logo is a trademark, and if a trademark is not protected, you lose it. That means that Apple has to look around on places like themes.org for violations. Obviously, they don't care if people emulate their UI, since other themes were left intact. I think Apple acted responsibly.
They missed quite a few themes that include the Macintosh logo. Well, at least one, this one. Not that I am asking for them to be removed, but is it really Macintosh logos they're after, or is it they don't want MacOSX look alikes? Cant' help but to wonder eventhough I am familiar with copyright laws and Mac's need to enforce it (or loose it). Could be they just didn't notice these other themes.
The idea is to prevent consumer confusion. A movie logo on a software product is not likely to cause the software to be mistaken for the movie. A computer manufacturer's logo on a software product is likely to cause at least some people to assume that the product was made by the company whose logo appears in the product.
-- Two men say they're Jesus. One of them must be wrong. - Dire Straits
I wasn't real sure on this one...so I called my uncle who is a copyright lawyer. He says that if a company begins letting people use their trademark without giving them credit, they may very well lose any trademark battle they have. So, although those themes may have been made out of respect...if Apple takes someone to court for using their trademark because it was done negatively, there is a good chance that by throwing the fact that others use their trademark without displaying that it is Apple's tm, that they will not win the court battle. Otherwise, once you let one person use it without them showing that it is trademarked...it would be difficult to stop another person from using it.
Seems that a lot of people here do not realise what I think you meant to say, but didn't quite get out.
Since the Apple logo is a trademark...
Apple MUST agressively protect it, or they will LOSE the rights to said trademark. The same applies to ANY trademark.
Did't Linus have to shutdown an auction of *linux*.* domain names not too long ago? Well that's the same thing. The holder of a trademark, be it Apple or Linux or Sun or whoever, can NOT ignore ANY transgression. If they DO, they lose the rights to that mark.
Yeah, I know that's bass ackwards. Buy that's out wonderful intellectual property laws. Oppressively strict protection in some places, ridiculously loose in others. Seems that they are written only to provide income for lawyers, not protect the intrest of consumers OR producers.... (sigh).
john
Imagine all the people...