Apple Cease-And-Desists Stupidity Leak

Remember Apple's "free, plus $19.95 shipping" updater CD for Mac OS X 10.1? Turns out it's actually a full version of the operating system (which helps explain why it's so large) but it adds an extra little package called "CheckForOSX." Remove that and you can install 10.1 on any disk -- or at least, that's the secondhand version I got of what used to be at MacFixIt's Nov. 20 report, which yesterday was taken down after a note from Apple's lawyers. Here's the cease-and-desist story. We've included Apple's letter, below.

Apple cites the Lanham Act (see below) and I have no idea what that covers. But Bill Innanen pointed out on a mailing list that the operating system might be said to violate its own access control rights under the DMCA:

...since the possession of the tools to violate a copyright has been criminalized, we have yet another case of circular legal "logic." The only tool necessary to violate this particular copyright is the very operating system that the copyrighted software (the updater/full-installer) installs (or an earlier version of same).

(Just pop open the installer package with the built-in "context sensitive menu" module, find the CheckForOSX module and drag it to the trash can. Voila!)

Is the possession of MacOS X v10.1 or its installer illegal because it can be used to violate its own copyright?

(Well, actually by the letter of the law in 1201(2) I think you'd have to argue that Mac OS X 10.0 was "primarily" designed to circumvent the access controls in the 10.1 update... but it's still pretty funny.)

Bill goes on to point out: "The problem that this converted updater fixed is that there are reported problems with 10.1.1, and with a 10.0.x and the updater you can't backtrack. With the 10.1 full installer you can."

Apple's lawyers write:

We represent Apple Computer, Inc. ("Apple") with respect to its intellectual property matters. Recently, it has come to our attention that you are providing unauthorized instructions concerning the modification of the Mac OS X 10.1 update software (the "Software") on your website. Specifically, it appears that you are providing instructions for converting Mac OS X 10.1 update Software to a full install version of Mac OS X from your web site in violation of the Copyright Act and in violation of your software license agreement with Apple.

You should be aware that Apple has never authorized you modify the Software. Moreover, by providing instructions on how to modify and circumvent restrictions within the Software, you are infringing Apple's copyrights in violation of the Copyright Act and engaging in acts of unfair competition in violation of the Lanham Act. Additionally, Apple's license agreement, which you accepted upon purchasing a copy of the Software, specifically prohibits you from copying, decompiling, reverse engineering, disassembling, modifying or creating derivative works of the Software.

Consequently, on behalf of our client, we demand that you cease and desist from publishing or distributing the above-referenced materials. We believe that this is a very serious matter, thus we ask that we receive confirmation in writing from you that you have removed the infringing material from your web site.

Thank you for your prompt cooperation on this matter.

Comments

MacFixIt's Pathetic Reply

[forii]

Summary of MacFixIt's reply:

1) We're going to roll over and do whatever Apple says.

2) Just to make sure that our readers don't think that we're selling-out, we'll state that "we were not doing anything illegal". Of course we won't be taking a stand or anything that might involve a little bit of courage.

[lots of useless justification snipped]

The unending stupidity...AKA license vs. ownership

[SPYvSPY]

Please, please, please make the effort to squeeze this concept into your little brain: When Apple sells you a CD, they are selling you a piece of plastic and they are licensing the software on that piece of plastic. A license is a restricted right to use. Therefore, your use of the software is restricted by the license terms. You are free to do whatever you like with the piece of plastic, except violate the license terms. For instance, you might use the piece of plastic to barter for a clue.

CheckForOSX

[mrcparker]

My god - what a fucking stupid name to give the app that checks if OSX is installed. Might as well have named it DoNotRemoveOrElseYouWillGetTheFullVersionFor19.99

Instead of sicking lawyers, Steve Jobs should be slapping the developer who named that app upside his thick head.

Dumbass Anonymous Cowards...

[toupsie]

So you are just pissed that I am right (you even admit this dumbass, i.e., Lanham Act, your opinion if it is right or not doesn't mean sh%t, that is for a court to decide.) and have to call me clueless for it? We have Apple lawyers talking about Trademarks, Copyrights, Intellectual Property and EULA violations. They MUST virgously defend these things or they are doing a disservice to their stockholders. No matter what you think, if you do not defend your rights, you lose them because you are sending out a signal to the world that your property is ripe for the taking.

So I am right. Get over it. Hope you got your ticket punched for the Clue Train.