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

News flash...

[InfinityWpi]

Horses gone. Lawyers hired to close barn door. Non-farmers sick and tired of hearing about it.

Okay, yes, companies are posessive about their software, even when they're stupid with it. We know this. It's not news. Yeesh.

Apple is still a company

[DougLandry]

Apple is a company seeking to profit from the purchase of the hardware and software it produces.

Mac OS X is the culmination of more than 7 years of "next-generation" operating system development of many forms at Apple and untold millions, and probably more than a billion dollars in software development that has not begun to show any return for Apple until March of this year, after Mac OS X's release.

Pure Mac OS X sales will never pay for the development of the operating system. In a way, Mac OS X is the greatest loss-leader of them all--driving the hardware sales with fat margins that keeps the company afloat. While I'm aware that open-source choices in operating systems are free, $130 is not expensive for an OS, considering the price for other mainstream OSs.

The Mac OS 10.1 update is given away for free. You walk into any Mac-carrying retail outlet and they will hand you this nicely-packaged CD with instructions and send you on your way, without asking for proof of OS X ownership. Putting a check for 10.0.x in the software updater is not unexpected.

Apple legal has been heavyhanded in the past. Apple has a very strong brand to protect and does so vigorously. In this case, they're not just protecting the specific look of the iMac or a trademark, but the profits that any company should expect for producing a quality product.

Absurd

[Exmet Paff Daxx]

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

This kind of "circular geek logic" astounds me. It is like a Mobius Strip - circular, but one sided.

Of course Mac OS X cannot violate the DMCA. The anti-circumvention portion of the DMCA requires that the software be designed specifically to be a circumvention device that will break protection for copyrighted works. Mac OS X is software that is designed specifically to Operate Your Computer.

Attempts to twist the law in this manner only make the anti-DMCA cause look stupid. Only digital crowbars like DeCSS & Dmitri's software violate the DMCA. The way to win the argument for the DMCA is to convince the people of America that it should be legal to write software to steal from companies - not accuse Apple of being "crackers".