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Apple Cease-And-Desists Stupidity Leak
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.
to stuff the genie back into the bottle?
"Win treats sysadmins better than users. Mac treats users better than sysadmins. Linux treats everyone like sysadmins."
This, of course, from the same company that used to let you drag the whole OS to the trash bin and delete it...
this is getting old and so are you
blog
You know, when you want to circumvent the existing install checker on the average PC upgrade edition of a product, you usually have to murk around with the registry or apply cracks with non-standard install methods ... things that would confuse the average joe newby pirate. But on the MacOS, you can crack your software with just a single drag of the mouse! Now that's what I call UI innovation.
it's amazing to me how may times developers think their users are luddites and will not figure out how to circumvent shortcuts (as in the case of this CD). It's not just the domain of software either, Pentium 90s could be speeded up to 100 with 2 minutes of work by anyone that isn't afraid of a screwdriver.
I guess shortcuts are just too appealing.
Looks like Apple needs a lesson in software temper resistance. I know that it's hard to do (part of my current job) and security by obscurity sucks, but at least don't name the crucial file "CheckForOSX" ... better use something bland like "OFUpdate", or if you're in the mood, "MicrosoftEngineersAreWeenies" ;)
Ah - the bravery of being out of range. For all you know `MacFixIts` could be a tiny hobbiest site with no money to waste on expensive lawyers. Its not like this minor story about MacOs version whatever is going to make/break them - fighting Big Scary Lawyers could very easily do that.
Once again, the publicity surrounding all this means that as the info is now out there, it`ll continue to spread - the site gets publicity, apple gets to look stupid - once again - and people get to vent their spleen on SlashDot. Quite literally, everyone is happy.
to convince the people of America that it should be legal to write software to steal from companies
So you're saying that if I play my DVDs in Linux and read my eBooks on my PDA, I'm "stealing from companies"? And you have a +1 bonus? *sigh* Slashdot is falling apart...
P.S. Nice troll.
So what you are saying is that Apple does not need to protect its intellectual property? Are little garden gnomes going to do it for them?
Strange women lying in ponds distributing swords is no basis for a system of government.
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.
So, I do not own a copy of Mac OS X. So therefor I would not be violating any license agreement.
You should be aware that Apple has never authorized you modify the Software.
I did not see the web site state that they modified any software. Deleting a file is something that Apple gave them rights to do when they placed a trashcan on their desktop.
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.
Again, not something the site told anyone to do. Deleting a file is not copying, decompiling, reverse engineering, disassembling, modifying or creating derivative works of the Software.
Oh man. It is shaky ground. I can fully understand the web site removing the instructions, but their response was pretty weak. If they needed leagal help, they should have asked Slashdot. They have many lawyers that could have assisted in a response.
LD
anyone remember the ms office 97 upgrade cd that you allowed you to point it back to the cd itself when it asked for the location of your office install? i love it when companies spend years designing the software and let an intern write the install procedures.
Not good enough. You need to use the POWER OF ROT-13!!!
Pbaireg lbhe Hcqngr PQ gb n shyy Vafgnyy PQ
Va gur zrnagvzr, jr sbhaq n jbex-nebhaq gung znl or rira orggre guna gur bar jr jrer ybbxvat sbe. Vafgrnq bs svaqvat n svyr ba gur uneq qevir gung jr pbhyq zbqvsl gb sbby gur Vafgnyyre, jr sbhaq n svyr ba gur Vafgnyyre gung jr pbhyq qryrgr naq gurerol olcnff gur purpxvat cebprff nygbtrgure!
Jr sbhaq gur svyr ol pbzcnevat n Znp BF K 10.1 "shyy" Vafgnyy PQ jvgu na Hcqngr PQ. Obgu PQf unq gur nsberzragvbarq IbyhzrPurpx svyr. Ubjrire, bayl gur Hcqngr PQ unq gur PurpxsbeBFK svyr. Pbhyq guvf or gur bayl pevgvpny qvssrerapr orgjrra gur gjb PQf? Jung vs jr znqr n obbgnoyr pbcl bs gur BF K Hcqngr PQ, ohg jvgu gur PurpxsbeBFK svyr zvffvat? Jbhyq vg npg nf n shyy vafgnyy PQ? Jr gevrq vg. Vg jbexrq! Va oevrs, urer vf jung gb qb:
1. Hfvat vafgehpgvbaf cbfgrq ba guvf cntr, perngr n qvfx vzntr bs gur Hcqngr PQ.
2.Qryrgr gur PurpxsbeBFK svyr sebz gur Rffragvnyf.cxt svyr va Flfgrz/Vafgnyyngvba/Cnpxntrf sbyqre bs gur vzntr svyr. [Lbh arrq gb hfr gur Bcra Cnpxntr Pbagragf pbagrkghny zrah vgrz gb npprff guvf svyr.]
3.Ohea gur vzntr gb n PQ hfvat Qvfx Pbcl.
Lbh pna abj obbg sebz guvf PQ. Jura lbh qb, vg jvyy yvfg nal ibyhzr - rira bar gung unf ab irefvba bs Znp BF K ng nyy - nf ryvtvoyr sbe na vafgnyy bs Znp BF K 10.1. Jr qvq abg grfg gb frr vs guvf npghnyyl pbeerpgyl vafgnyyrq gur BF, ohg jr unir ab ernfba gb oryvrir vg jbhyq abg. Guvf zrgubq guhf nccneragyl pbairegf na Hcqngr PQ vagb n shyy vafgnyy PQ! N arng gevpx (nygubhtu jr fhfcrpg Nccyr znl abg svaq guvf fb jbaqreshy).
Compared to lawyers, the gnomes would probably be as effective, cheaper, and they wouldn't piss off the customers.
__
Do ya feel happy-go-lucky, punk?
So you believe no one should have a +1 bonus unless they are in lockstep with the doubleplusgood Slashdot groupthink? *sigh* Slashdot is falling apart...
Never take moderation advice from sigs, including this one.
They even succeeded in providing a point & click local root exploit (for details take a look at Bugtraq).
I don't know if they are the first to offer this feature, but it's definitley nice.
This sounds like an example out of the id Software "How not to distribute software" textbook.
I never would have known about this if the Lawyers hadn't tried to play hardball. Damn you meddling kids!
Ctimes2
My cube. My friend. My solace. My prison.
For my part, I choose to skirt these issues by refusing to "open" such boxes. Instead, I drive over them repeatedly with a truck. If something like a cd happens to fall out, whose fault is that?
---
- First they ignore you, then they laugh at you, then ???, then profit.
Think Lawyers.
Trying to get Slashdot in trouble again? Why not post some secret scientology docs while you're at it? :)
Slashdot: come for the pedantry, stay for the condescension.
This post is off topic because it has nothing to do with the story. This post exists to draw attention to the fact that maggard (the person I am replying to) is a pretentious cock.
/. hive (pretentious cocks like you) they get slammed.
As evidence I offer his sig:
Anonymous Cowards filtered. If their words aren't worth so much as a nom de plume why should I value them any more?
Seriously, how could you possibly show yourself to more of a pretentious cock? You can't!
Maggard, you complete moron, sometime's AC's have something to say, and they don't want to post logged in because if they disagree with the rest of the
I'm going to spend a little karma on this rant, every time I see this guy's sig it pisses me off
I guess I'm done.