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Apple Smacks Down iCommune
flipsidejones writes "Looks like Apple has killed iCommune. iCommune, as mentioned previously, allows users to share music libraries across a network from within iTunes. It seems the license for the iTunes plugin API does not allow for software-based plugins (only hardware: MP3 players, etc). Apple issued a 'Notice of Breach and Termination of License' to iCommune, who have since pulled the download. Something tells me that they won't be putting it back up anytime soon. Every time I forget about Mac OS X being proprietary, Apple does something to remind me." Well, in fairness, this could happen even if Mac OS X itself weren't proprietary, as iTunes still could be. For that matter, iCommune still is, too. Hm, none of that makes me feel any better ...
So, future development is likely killed, unless he somehow "sort things out with Apple."
p ://www.versiontracker.com/dyn/moreinfo/macos/1 7772
However, the old download is availible elsewhere, including:
http://www.macupdate.com/info.php/id/10486
htt
So far as I can tell, the APSL doesn't even apply here. The violation they are talking about has to do with the license that people agree to when they use the SDK (Software Development Kit) that Apple provides for making iTunes plugins. I haven't determined exactly what was violated in that agreement, but it wasn't the APSL, so far as I can tell.
What a lot of folks are overlooking is the fact that Apple smacked iCommune not because it was allowing P2P sharing, but because (supposedly) the development of iCommune violated the license agreement for the iTunes SDK -- which, apparently, has some sort of "you cannot use this SDK to develop apps" clause.
Seems to me the easy solution would be to check the terms of the agreement. If there is such a clause that the iCommune folks broke, then there's nothing to see here. If, however, Apple doesn't have such a clause in the agreement, then we can bring out the packs of rabid Mac-bashers.
--R.J.
Electric-Escape.net
From: "James G. Speth"
Well, for what it's worth, here's the letter that Apple sent me:
---
Subject: Notice of Breach and Termination of License
Dear Mr. Speth,
It has come to our attention that you are distributing a software program
called iCommune that violates the terms of the Apple Computer, Inc. iTunes
Device Plug-In SDK Agreement you executed. The iTunes SDK materials are
licensed only for the purpose of enabling the Licensee's hardware device
identified in the agreement to interoperate with iTunes. The iTunes SDK is
not licensed for use in a software program for sharing of music over a
network. Your distribution of this program is a violation of the license
agreement and of Apple's intellectual property rights.
Due to your breach of the agreement, Apple hereby gives notice of
termination of your license agreement pursuant to Section 7.2 of the
agreement and demands that you cease distribution of the iCommune program
immediately and return the iTunes SDK materials to Apple.
Please contact me as soon as you receive this notice to confirm that you are
taking immediate action to cease violating the agreement, and in particular,
to cease distributing your iCommune software.
Sincerely,
[deleted]
Sr. Director, Products Law
Apple Computer, Inc.
---
and here's some pertinent info from the agreement we entered:
1.5 "Licensee Devices" means Licensee's hardware devices identified in Exhibit A or
in an Addendum to this Agreement signed by Apple.
7.2 If any breach of this Agreement by Licensee continues for more than thirty (30)
days after Licensee's receipt of Apple's written notice, Apple may terminate this
Agreement by written notice to Licensee, whereupon this Agreement and all rights
granted to Licensee herein shall immediately cease. Apple may immediately upon
written notice terminate this Agreement if Licensee becomes insolvent, has a receiver
appointed, makes an assignment for the benefit of creditors, or becomes the subject
of any proceeding under any bankruptcy, insolvency, or debtor's relief law. The
rights of the parties under this clause are in addition to any other rights and
remedies provided by law or under this Agreement.
Exhibit A
Licensee Devices
SECTION BELOW MUST BE COMPLETED BY LICENSEE FOR EACH
LICENSEE Device
1. Name and description of Licensee Device(s):
component system mp3 player console
---
Now, my description of the device might be a little vague, but it does describe an application for which I use iCommune. I have a Mac G4 Cube set up as the media center of my living room. It's hooked into my stereo and television. I use iTunes and iCommune on the Cube to turn it into the mp3 player console I was envisioning when I started work on it. I use iCommune on my laptop to control that system. Unlike your typical device which is directly connected to the computer running iTunes, these systems talk over the network to each other.
I think I'm in compliance with the agreement, but they don't. Hopefully we'll be able to work something out. Otherwise, I'm thinking of ways to do this without the Device Plug-in API, so the project might survive.
Jim
I gotta agree with Cory Doctorow, who said "Thanks, Apple, for making my computer less functional."
Yes, when you download the iTunes SDK as an Apple developer, you have to agree to a license that states what you can and cannot do with the SDK given to you.
One thing Apple has learnt is how to legally cover their butts and use the law to their advantage. They were burnt once too often in the past.
sin(6cos(r)+5A)
One wonders why Apple didn't spring this at SFMW03. The cynic in me says that the keynote was so long already, that something had to get shelved.
In the meantime, here's something fun you can do with iTunes, indeed anything that outputs sound on a Mac:
Audio Hijack - AH lets you tweak the sound of any app....and it can record streams as well. An awesome app.
Until the DMCA and other unbalanced legislation, copyright has never dictated how you can *use* a product that you have legally acquired, and I fail to see any reason why it should.
You're confused. This has nothing to do with copyright, except to the extent that the creator of a work has the exclusive right to distribute that work. In this case, Apple is exercising their exclusive right to distribute the iTunes device plug-in SDK by doing so only under terms. If you agree to the terms, Apple will give you (at no charge, even!) a copy of the SDK. However, you have to agree in advance that you will only do certain things with it. If you don't agree, then you can't have the SDK. And those terms constitute a contract; if you later decide not to abide by the terms (like these guys did), then you are in material breach of contract.
The copyright aspect of this situation begins and ends with Apple's exclusive right to distribute the SDK. What's really relevant here is the contract between the guy who created iCommune and Apple, and the extent to which the guy is in breach of it.
The lesson, of course, is that you shouldn't enter into a contract unless you're both willing and able to abide by its terms completely.
I write in my journal
It was available until some hours ago but you get a 404 Error now.