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Apple Still Says No To Aqua-Like Themes

JoFo writes: "Eric Yang, creator of several Aqua-like themes and skins for GTK+, KDE, Mozilla, gkrellm, and others, was forced by Apple to take down all Aqua-related projects on his web site. It appears they went to his employer as a way to strong-arm him. He writes on his web site 'I went to Apple to test cocoa for Mac OS X 10.1, and found a drag and drop problem with NSPopUpButtonCell. They didn't even pay me for my effort, yet they try to shut down my project. Isn't that ironic?'" Apple seems at least to be consistent in objecting to nearly any non-Apple project that reminds the company of Aqua, so maybe this was just a matter of time.

19 of 589 comments (clear)

  1. Is he suprised he didn't get paid? by Ghoser777 · · Score: 5, Insightful

    I found a bug in NSImage that makes deallocating objects across the Objc-Java bridge fail, and I doubt I'll get a t-shirt. When he filed a bug report, apple make no cliam of repaying people for their free services. I don't think Linus sends people cash or free Tux Dolls when they make fixes to the kernel.

    I am kind of peeved at apple not allowing themes. Maybe they're just holding back on their own theming system for sometime before Macrh 23rd of next year. I guess they're philosophy makes sense: they want people to look at a Mac OS X machine and know for sure that it's a Mac OS X machine. Plus, if it's a theming system not from apple, future updates could hose the system over (The move from 10.0.4 to 10.1 to one .rsrc file and split it into two, for instance).

    F-bacher

    --
    James Tiberius Kirk: "Spock, the women on your planet are logical. No other planet in the galaxy can make that claim."
  2. The brand, the law, and the individual. by standards · · Score: 5, Insightful

    The law is designed such that if companies want to stop a few people from taking advantage of their work, they have to stop everyone.

    For example, if a collection of friends decide to create an Aqua-like theme and distribute it, what's that to prevent Microsoft from doing the same?

    Clearly Apple is in competition with Microsoft, and it doesn't have any particular desire to permit Microsoft to make use of it's so-called user interface innovations.

    Apple clearly built the Aqua theme, and spent a lot of time and money developing it into something that Apple hopes to be a brand-identifier. For a 3rd party to create a very similar branding, and then release it in such a way that Microsoft could use it flys in the face of why Apple developed the interface to begin with: To outpace Microsoft in interface design.

    So although I feel for the individuals who have spent so much effort to clone the Aqua interface, it is also easy to appreciate Apple's stance on this issue.

  3. Re:Um, excuse me, but . . . by Ghoser777 · · Score: 5, Insightful

    Because theu did this retroactively. They let microsoft get away with several GUI rip offs for a couple of years, and then when apple went to the courts when they thought microsoft had gone too far, it was already too late to do anything about that. Now they're making sure they protcted their IP early and often.

    Good business strategy: learn from past mistakes.

    F-bacher

    --
    James Tiberius Kirk: "Spock, the women on your planet are logical. No other planet in the galaxy can make that claim."
  4. Qt/Mac by infiniti99 · · Score: 5, Interesting

    Trolltech had to recreate the Aqua look for Qt (the GUI toolkit, not QuickTime), since Qt emulates the look of the native system rather than wrapping. Like all other QStyles, there is probably close to no platform specific code in the engine. Unfortunately, only the Qt/Mac release will feature this style, as it apparently would go against "Apple rules" to distribute this into other Qt releases, like X11. So I guess it is ok to emulate the Aqua look as long as you are going to run on the Apple platform. That or Apple specifically granted Trolltech this permission, as Trolltech has mentioned they "coordinated with Apple" to make Qt/Mac.

    While I have suspected Qt/Mac will not be GPL for other reasons, I believe this is a really strong reason as to why it won't be. If it were GPL, then any coder could just snag the style and compile with X11. Why mess with pixmap styles when you have close to the real-deal as a rendering engine?

  5. Re:why is this such a big deal? by Ridge2001 · · Score: 5, Insightful
    but why are we so upset about companies wanting to keep their own image?

    Personally, I am not upset about anybody "wanting" anything. (It's a free country, you can want whatever you feel like wanting.) I am upset about archaic intellectual property laws and the level of corporate control over our society.

  6. Do themes =~ look and feel? by Raul+Acevedo · · Score: 5, Insightful

    How different is this from the lawsuit with Microsoft oh so many years ago over look and feel? Apple lost that battle, right? If so, then what possible claim can they have over a theme, which is essentially just look and feel?

    If people are ripping off the actual icon files then that's one thing. But making something very similar, though not identical, seems like another look and feel issue.

    --
    In a real emergency, we would have all fled in terror, and you would not have been notified.
    1. Re:Do themes =~ look and feel? by aozilla · · Score: 5, Informative

      The Federal Trademark Dilution Act became effective in January of 1996. Apple lost it's "look and feel" case before that, I believe it was 1995.


      Of course, had The Federal Trademark Dilution Act been in effect in 1984, Apple probably wouldn't be called Apple any more, since they would have lost the trademark dispute against Apple Records.


      --
      ok then your [sic] infringing on my copyright! Could you as [sic] me next time before STEALING my comments for your own?
    2. Re:Do themes =~ look and feel? by Auckerman · · Score: 5, Interesting
      How different is this from the lawsuit with Microsoft oh so many years ago over look and feel?


      Very different. Apple lost because they signed a bad license with MS and it was ruled that Apple had licensed their look and feel to MS. Not many people know, as part of the IE budle/investment agreement, MS had to pay Billions (it's unknown, but that is what Apple claimed MS owed them) in back payments to Apple for licenses and as far as I know is still paying Apple to this day.

      --

      Burn Hollywood Burn
  7. Ferrari is the only company. . . by kfg · · Score: 5, Interesting

    that can use the Ferrari prancing horse logo without express permission. Ferrari is even the only company, by actual court order, that can make cars that are SHAPED like Ferraris.

    Ferrari is NOT the only company that can paint its cars red.

    There are limits to claiming 'themes' as a trademark.

    KFG

    1. Re:Ferrari is the only company. . . by kfg · · Score: 5, Informative

      For starters, you can't copyright a color. Period. Thus your argument that my argument is invalid is invalid. All visible colors fall under the umbrella of prior art. You can copyright certain works using color. For instance you could paint a board red, hang it on the wall, call it a work of art, and own the copyright on it.

      Good luck prosecuting people who "steal" your ip. Even if the red is the only board that previously existed with the "exact shade."

      IP is only ip to the extent that it can be effectively protected. That is lesson number one in the ip "biz."

      What you CAN do is define a logo that contains the words "Ferrari Red" and copyright, and trademark * THAT LOGO.* The copyright on the logo confers no protections whatsoever on the words contained within that logo, nor on the color they refer to. So, you can only buy "Ferrari Red" paint from Ferrari because Ferrari controls the name *Ferrari*, and thus the paint name and logo, not because they control the actual light wavelength reflected by the paint.

      This is precisely the reason there are so many doofy names for colors. You *cannot protect the color.* So you make up a NAME for it you can protect.

      And of course there is the fact that there is really no such thing as Ferrari Red in the first place. Ferrari has used literally dozens of different shades of red. There is also the fact that Ferrari didn't even invent the phrase, and it was in widespread public use before Ferrari ever used it. It was, in fact, forced on them through public use. Prior art.

      You are also, of course, aware that virtually every Ferrari, even those painted the *same* color, are in fact different colors? What is the *exact* shade of "Ferrari Red"? How is it defined? How is its use defended when it isn't true that it can only be obtained from authorized Ferrari repairers because any dumb schlub at the paint store can simply mix up unlimited supplies of it for you? You can do it yourself on your desktop if you wish.

      Are you even begining to get my point, which was *there are limits to trademarkability?*

      What's more, a trademark or copyright *does not* confer title. This is perhaps the most misunderstood part of this branch of ip law. In truth *title* can only be granted by a JUDGE reviewing the facts of a particular challange.

      Ferrari *owns* the shape of its cars because a JUDGE, reviewing an actual case has *said so.*

      Oh, it was an American judge by the way, thus in truth Ferrari only owns the shape of its cars in America and those countries that will respect that American decision.

      Trademark and copyright are not the same as registering your car. The fact of the matter is that you can have copyright and trademark certificates in hand and STILL not have the rights they seem to confer on you.

      KFG

  8. Re:sigh by iso · · Score: 5, Informative

    I just wish they would let a Mac port of Mozilla have a Mac look.

    Oh give me a break. If there's that much demand for an Aqua look-and-feel "theme" for Mozilla then somebody will put in the time to add native Quartz calls to Mozilla. Adding a silly "theme" is not the way to do this when it's on the native platform of Aqua. Besides, how would you do transparencies with a theme? An Aqua "theme" would be a hack for these purposes.

    If Mozilla were changed to use native aqua screen widgets, then the only thing needed to make it look like it "fits in" is a very simple theme for the menubar buttons -- a theme that Apple wouldn't complain about at all and it would be 100% original artwork.

    - j

  9. Re:Eric Yang, Sociopath? by Ridge2001 · · Score: 5, Funny
    First, please don't use the word "ironic " until you learn its meaning. That goes for all of you out there. This has been a major pet peeve of me since the early 90s when all those black and flannel-clad, angsty gen-Xers were big on the word "ironic" without actually knowing the definition of the word.

    Funny, I would think that misusing the word "sociopath" would be far more serious than misusing the word "ironic".

  10. Microsoft's Luna is sort of a Rip of Apple's Aqua by plaisted · · Score: 5, Interesting

    For example, if a collection of friends decide to create an Aqua-like theme and distribute it, what's that to prevent Microsoft from doing the same?

    Nothing. Microsoft has already done this, in a way. The user interface for windows XP (called Luna) seems to take a lot of inspiration from Mac OS X without directly copying it.

    And look at this shot. of Mac OS X:

    Now look at these shots of the next version of windows CE (Pocket PC 2002).

    Notice any similarities in the upper right of the screen?

    As to whether this is legal (or would be if MS didn't happen to have billions of dollars), IANAL.
  11. Speaking as a UI designer by faust2097 · · Score: 5, Insightful

    If you people had any idea what people like me go through to create successful interfaces I don't think you would take this so lightly. Just because we do our work in Illustrator instead of emacs doesn't mean we're sitting there doing a paintjob. I used to code, I once wrote a device driver for Solaris [for a Gretag SPM-50 spectrophotometer if you're interested] but real UI design is the same amount of work.

    Developers in general don't have to deal with criticism from VPs or C*Os about the validity of how their stored procedures are set up. You don't have to sit behind a one-way mirror and watch a user rip the result of the last 3 months of your life to shreds.

    As far as Apple and Aqua goes, you have to realize what it is that Apple really sells. They provide a whole experience that spans hardware, software and everyhting else. They invested millions upon millions of dollars in developing Aqua so I don't think it's a big suprise when they see someone mucking with their stuff. I think they are less worried about "competition" than they are about their work being "diluted" and offered on a system that doesn't work as elegantly.

    What is everyone's great desire to rip off Apple's look anyway? Make something better if you're the expert.

  12. Parallel Universe? by TheInternet · · Score: 5, Insightful

    Apple is always on the brink of disaster.

    Apple's the one with $4.2 billion in the bank, who has laid off a total of 50 people since the PC industry downturn, and (with one exception) has profitable every quarter since Q1 1998. Contrast this to all the mass layoffs throughout the industry. There is tremendous value in the company.

    PC makers, along with motherboard designers integrate more cutting edge features that ever, and do so with great stability and success

    Stability? Which industry are you talking about? Certainly not the one with Gateway, Compaq, VA and HP in it.

    Apple has some of the best hardware overall in the industry. The were the first to ship DVD-R, first with built-in wireless antennas, first (and only, as far as I can tell) with gigabit ethernet standard on desktop hardware, and the legacy-free aspect of the iMac certainly drove USB acceptance. Their machines are quite energy efficient, and in some cases, fanless. Their towers are the easiest to manipulate of any manufacturer I've seen. There are weak spots, like the bus speed, but there is plenty to appreciate as well.

    Software makers, especially Microsoft, cater to both the newbie while still offering powerful professional features (much like FontSync and ColorSync) all while maintaining tight integration with said PC makers

    Tight intergration with PC makers? Is that intergration as in "include Netscape and we'll revoke your license" or as in "this driver keeps giving me error messages?"

    Build some cool enclosures that both look nice and are a dream to work with. Boom. No more need for Apple.

    It's just that simple, eh? :) I'm always surprised to hear people really do believe people buy Macs just because they look cool. That's just icing. And the bit about a "dream to work with," you sure make that sound easy to implement. It's not a one time thing. It's a design philoshopy, one that costs substantial time and money to develop, maintain and enforce. Apple spends a considerable amount on continually evolving the concept of a personal computer. Those 30% margins? A lot of it goes right back into the products.

    It should be no surprise that Apple wants to defend one of the very things that differentiates itself from the commodity Wintel PC market.

    You're right, it's not. The legal system says Apple has to virgiously defend its ideas at every point along the way, or loses the right to do so later. I don't think Apple's really all that concerned about people buying a machine to run Linux instead of a Mac just because E has an Aqua theme.

    But here's something else I'm wondering about -- why are people still creating Aqua themes? Apple has asked repeatedly for people to stop. Why does this continue? Surely theme creators can come up with something new. Why not just respect Apple's wishes? It's not like OpenSSH, where you need replication for compatibility reasons.

    You don't even have to look at it from a legal perspective since they haven't actually sued anyone. What if somebody asked you to remove a desktop picture they created from your theme package? Wouldn't you do it? Is this all that different?

    - Scott

    --
    Scott Stevenson
    Tree House Ideas
  13. Apple will defend its territory by Bastian · · Score: 5, Insightful

    If you look on TV, you'll notice that everything about an Apple computer is easily recognizable. Apple's computer designs are one big marketing ploy, turning the owner him/herself into an advertisement. Much like Abercrombie&Fitch t-shirts.

    If you see a PC across the room, you barely notice it. If you see a Mac across a room, you notice. Nothing else looks like an iMac, a G3/G4 tower, an iBook, etc. Apple wants to be visible, and that makes sense.

    The same goes for Aqua. Aqua looks like nothing else - and Apple wants to keep it that way. If Aqua themes became popular, then screenshots from Apple computers would not stand out as much - and therefore, Apple would not burn itself into peoples heads nearly as clearly.

  14. Share and enjoy ... by AftanGustur · · Score: 5, Insightful

    Is he suprised he didn't get paid?

    As I understood his comments, he was only pointing it out that Apple is all to happy to take input from the community, but doesn't allow the same community the freedom of artistic expression.

    --
    echo '[q]sa[ln0=aln80~Psnlbx]16isb572CCB9AE9DB03273snlbxq' |dc
  15. Re:In All Honesty... by gig · · Score: 5, Insightful

    If not for BSD, then Apple would probably have purchased a proprietary Unix as its core OS. It would not be as compatible with BSD as Mac OS X is, though, and all those BSD coders wouldn't be as overjoyed with their new iBooks or whatever. (The Mac is now an even better second computer to go with a BSD or other Unix desktop or network.)

    Sharing digital stuff is not a zero-sum game. BSD is the Compatibility Fairy, spreading compatibility around by providing core stuff that you can build anything around and it will still be able to talk to other stuff. BSD licensed stuff is meant to be used by everyone, that's the point.

    The most compatible part of Windows is its BSD TCP/IP stack. Is it good that Microsoft "stole" that code? Imagine how much better the Web would be if IE for Windows used Gecko. Then we would really have a compatible Web, and the Internet Appliance market would probably have a chance because they could put Gecko on top of a BSD TCP/IP stack and the Web would still "look like the Web" to a Windows user, with the same rendering that they see on Windows. You'd be able to run a Gecko-based browser on BSD and a page would look the same as on Windows. In these kinds of common areas, code that everyone can share without restriction really benefits everybody.

    Now, when it comes to the distinctive graphical look of a software product that is the only competitor to Microsoft Windows in many, many markets and is just about to have its mainstream coming-out ... is it really too much for Apple to ask theme designers not to rip off their stuff for a little while? Microsoft is going around cutting off air supplies and promising a complete IIS "re-write" by a year from now (yeah, right), and Apple is asking people to give them a break on Aqua while they try to lift a few more of us out of this Microsoft Morass(TM) 2001 that we're all in, with Code Red and Windows Media and C fucking backslash all over the place. Can't we give Apple a break and let them be the first one to introduce Aqua to Windows users?

    I'm not defending lawyers or anything, and I know the guy in this article is skinning X-Windows, not Windows, but a guy who skins Windows XP to look like Mac OS X is not helping the free software community. Compare the proprietary components in Windows XP to their open Mac OS X counterparts and tell me which one you want your local artists and musicians running, which one you want your Grandma running. Even the BIOS-equivalent on the Mac is an IEEE standard, called OpenFirmware, which is also used by Sun and which has the cutest little Penguin icon that it uses to show bootable Linux volumes.

    By the way ... damn! Mac OS 10.1 is really good. Check it out! Everybody can find at least one feature in there that will make their jaw drop when they try it. For me, it was burning data DVD-R's like they were floppy disks (4.7GB floppies that cost $6 each and take 20 minutes to burn in the background). QuickTime performance is also really something, and DVD playback looks so real that you want to touch it. A sad note is that the rubber ducky icon from Mac OS 9's multiple login panel which somehow appeared in Windows XP's new multiple login feature is not in Mac OS X's multiple login ... it has pictures of big cats such as pumas and cheetahs instead (Mac OS X internal code names). Sad to see the duck go from Mac OS 9 to Windows XP instead of to Mac OS X.

  16. HE USED THE APPLE LOGO! by Chanc_Gorkon · · Score: 5, Informative

    And this is why he was shutdown. Just read the FAQ on that page and you will see that he had a blue apple in his theme. I don't think this is look and feel at all. It's because he used the freakin LOGO is why he had his themes shutdown. In fact, I believe you can still get the Aqua like look in enlightenment and the like from Themes.org, just not the Apple logos.

    Look and feel is ok, just don't use the TRADEMARKED logo.

    --

    Gorkman