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Apple Settles with Tiger Leaker

The Hobo writes "CNet is carrying a story about Apple reaching a settlement with one of the Tiger leakers, 22-year-old Doug Steigerwald. The terms of the settlement were not released, but it was said that money will be paid to Apple. To quote Doug, 'As a member of Apple's Developer Connection program I received a pre-release version of Apple's Mac OS X 10.4 'Tiger' software, which I promised to keep confidential, instead, I disseminated it over the Internet, and thousands of unauthorized copies of Apple's software were illegally distributed to the public'"

42 of 349 comments (clear)

  1. I've seen it happen by 2.7182 · · Score: 4, Funny

    at the zoo, and boy let me tell you they must drink a lot!

    1. Re:I've seen it happen by davesag · · Score: 4, Funny

      sorry for being almost 100% off topic but the parent post just brough flooding back the time I was visiting this place in the middle of nowhere in australia, between melbourne and adelaide, called Kryal Castle. it's some sort of castle that got moved brick by brick from europe somewhere. anyway the point is they have wild cats, including lions and tigers (see relevent) in cages in the middle of the castle grounds. I was standing there as this massive female lion turned, aimed,(ie looked carefully, turned a bit more, ) and then shot a hot stream of lion piss about 6 metres all over a middle aged couple and their teenaged kids. this was a directed blast - like a firehose of piss. Oh how we laughed that day. the other 60 or so tourists wandering about there thought it was hillarious too. and watching these parents try to calm their howling kids down was just the icing on the cake. i laughed aloud just recalling it. and remember kids - lions can shoot hot piss 20 feet! that's not something they teach you lions can do!

      --
      I used to have a better sig than this, but I got tired of it
  2. I guess signing a Non Disclosure... by Uptown+Joe · · Score: 4, Insightful

    means that you won't disclose anything. Or give away a few thowsand copies of licenced, un-released software... huh.

    1. Re:I guess signing a Non Disclosure... by tehwebguy · · Score: 5, Funny

      "by signing yuo agree not 2 l34k teh warez und3r penalty of appel pwnage lol"

      --
      -- lol pwned
    2. Re:I guess signing a Non Disclosure... by OECD · · Score: 4, Informative

      WTF is a "thowsand"?

      It's a "thousand" typed by someone who types faster than you :) Beginning typists tend to make errors based on the proximity of keys (pwned) or transposition (teh). Experienced typists tend to make homophonic mistakes (there/their), prob. because typing is more nearly akin to talking for them.

      To bring this back to topic: The kid had it coming.

      --
      One man's -1 Flamebait is another man's +5 Funny.
    3. Re:I guess signing a Non Disclosure... by Anonymous Coward · · Score: 4, Funny
      thowsand was probably written by someone who didn't know how to spell the work thousand...I rarely make proximity based errors and when I do I spot them because I'm looking at the screen at what I type and not the keyboard.

      Bet you feel like an ass.

  3. Spilt Milk by Vamphyri · · Score: 5, Insightful

    What was the tiger leaking?

    All humor aside. You have to assume when you receive a beta copy of something and signed an NDA there is some way for them to track you.

    1. Re:Spilt Milk by Mr12inch(Powerbook) · · Score: 5, Insightful

      This is not at all about fair use rights. He signed a legal contract, willingly, stating he would not disclose information and then proceeded to do exactly that. This is not "taking away his rights." He didn't have to sign the NDA and he didn't have to get the pre-release copy of Tiger. But he chose to, and then broke his contractual promise. Now he has to pay the consequence of his actions. It can't get any more black and white than this. And the government had nothing to do with this. Christ, take off your tinfoil hat for a while, your brain is screaming for oxygen.

      --
      every time a republican dies a queer angel gets his wings
  4. That's gotta hurt by NetMagi · · Score: 4, Insightful

    What's sad here is, he likely got pressured into giving up a copy or two to some friends, who probably SWORE they wouldn't share it.

    They stood to lose nothing, and shared it with more of their friends and, etc, etc.

    Wonder how those people feel now.

    -NetMagi

    1. Re:That's gotta hurt by saddino · · Score: 5, Funny

      What's sad here is, he likely got pressured into giving up a copy or two to some friends, who probably SWORE they wouldn't share it.

      Since one his friends is named "BitTorrent" he should've known that friend was going to share it. ;-)

    2. Re:That's gotta hurt by Rude+Turnip · · Score: 3, Insightful

      He's an adult that signed a contract. When you enter into these types of agreements, there is a very strict wall that forms between your profession and your friends and family. This guy is completely at fault and cannot act like a child and say "my friends made me do it!"

  5. That proves it by Anita+Coney · · Score: 5, Funny

    OSX is better. Windows only has memory leaks!

    --
    If someone says he and his monkey have nothing to hide, they almost certainly do.
  6. So now that the damage has been done.... by numbski · · Score: 4, Funny

    the case has been settled, and everyone's happy...

    Where's my torrent? :)

    --

    Karma: Chameleon (mostly due to the fact that you come and go).

    1. Re:So now that the damage has been done.... by b1t+r0t · · Score: 4, Funny
      Where's my torrent? :)

      Here you go!

      --

      --
      "Open source is good." - Steve Jobs
      "Open source is evil." - Microsoft
  7. Re:payment by m3j00 · · Score: 3, Informative

    like $50,000 a year to Apple from him not working there anymore?

    If you had even read the slashdot blurb of TFA, you'd know that he wasn't an apple employee, but rather a developer's connection member.

  8. it should have happened by jim_redwagon · · Score: 5, Insightful

    Can't blame Apple here, I'd rather see their lawyers working on this kind of case than on better ways to enforce DRM. Pre-release versions give you a heads up on software advances and help companies release a better product.

    On a side note, it's good to see this guy actually take responsibility for his actions, instead of hiding and blaming Apple.

    --
    I forgot what I wanted to say, but honestly, it was important.
    1. Re:it should have happened by drinkypoo · · Score: 4, Funny

      I'm pretty sure the public announcement was part of the settlement, kind of like when we make celebrities caught snorting coke of a ten year old boy's ass make a public service announcement about the dangers of illegal drugs.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
  9. I think he lost a bit more than that... by reezle · · Score: 5, Insightful


    The article says he's a "recent graduate of North Carolina State University who is currently looking for a job". I can't imagine this kind of publicity is a good kind to have when you are out interviewing.

    Sure, most guys looking over the resumes aren't going to recognize the name, but there's got to be a company or two out there that actualy does the background checks.

    Anyways I can't imagine is prospects are all that hot right now...

  10. Re:figures.. by RikF · · Score: 5, Insightful

    As far as Apple is concerned this is nothing at all to do with the money. It is entirely about putting out the message that if you sign a legally binding NDA and the distribute code/information then they will not stand idly by. The guy broke a contractual agreement that he had and I'm afraid he has to suffer the concequences.

    RikF

    --
    In Soviet Russia you own your cat
  11. NDA's not so meaningless... by ch3ch2oh · · Score: 4, Insightful

    there is a widely-held view that NDA's are meaningless and un-enforcable. this shows clearly that is not the case. i'm sure apple wants a certain amout of publicity around this to get that point across.

  12. Re:How Sincere... by Anonymous Coward · · Score: 5, Interesting
    I am sure that the admission of guilt was in no way a coherced condition of the settlement terms... :-)

    I'm sure it was more like "In exchange for an apology and being an example to others, we'll reduce the fine from $500,000 to $10,000". So if you want to call lessening the punishment "coherced", you can. Apple gets what it want, untrustworthy developer get what he wants. Others might call it an equitable settlement.

  13. Applelogies to Blake by Anonymous Coward · · Score: 5, Funny
    Tyger, tyger burning bright,
    In the shadows of the night.
    What immortal hand or eye
    Dare leak thy secrets P-to-P?

    Tyger

  14. judgements affect future job prospects by peter303 · · Score: 4, Informative

    As these comprehensive databases like ChoicePoint record more civil an criminal judgements, it gets harder to obtain a job at a mainstream company. Article in Wired about this issue yesterday.

  15. Bravo by wootest · · Score: 3, Insightful

    Setting a precedent and standing up for their rights while not mauling the guy to death. Nice.

  16. find a new line of work... by dioscaido · · Score: 5, Insightful

    from TFA: Steigerwald is actually not a student, but a recent graduate of North Carolina State University who is currently looking for a job.

    Well, thanks to this story he has officially been transitioned to the permanent tech no-hire pool. I don't think any company would want to hire someone who so blatantly broke an NDA, and made the headlines for it.

    I hear those people who drive snow plows make a killing. Maybe he can do that instead of software development.

    1. Re:find a new line of work... by JoshWurzel · · Score: 3, Insightful
      I hear those people who drive snow plows make a killing
      Yeah, but how do they get to work in the morning? ;)
  17. Re:Apple, I hope you don't want any more of my mon by smooth+wombat · · Score: 3, Insightful
    The last line of the story:

    "Members of (the) Apple Developer Connection receive advance copies of Apple software under strict confidentiality agreements, which we take very seriously to protect our intellectual property," Apple said in a December statement.

    How horrible that Apple should go after someone who broke a confidentiality agreement and disseminated software which wasn't his to begin with and which he had no right to disseminate.

    Oh the horror!

    --
    We will bankrupt ourselves in the vain search for absolute security. -- Dwight D. Eisenhower
  18. Jail time? by iamacat · · Score: 4, Insightful

    "While Apple will always protect its innovations, it is not our desire to send students to jail,"

    I thought it was a civil case, or is Steve Jobs made a royalty here so that offending him carries jail sentences? Besides how exactly do you "settle" a criminal case?

  19. Stupid thing to do... by jonbeckett73 · · Score: 5, Insightful

    Any of us who work in the commercial sector will know that this guy only has himself to blame, and good on Apple for acting quickly. OSX is commercial software. He signed a NDA. He broke the terms of the agreement. End of story!

    --
    Jonathan Beckett http://www.pluggedout.com
  20. Re:Apple, I hope you don't want any more of my mon by Trurl's+Machine · · Score: 4, Insightful

    A financial settlement with a fresh college grad? You ought to be ashamed of yourselves.

    What sort of settlement would you accept then? Corporal punishment? Or should Apple say "You naughty naughty boy, you pirated our software, but that's OK, we don't want any sort of punishment for you, otherwise emil (695) won't buy our products"?

  21. Re:Apple, I hope you don't want any more of my mon by UnknowingFool · · Score: 4, Insightful
    That college grad broke a contract and some laws. It's not like that stipulation in the ultra-fine print of the ADC agreement or a surprise to anyone. Anybody who receives a copy of software knows that they can't legally distribute it without permission. With open source, you know that you do have some permissions, but even with the GPL, there are restrictions. In the case of commercial software, it's almost certain that no end-user has permission to distribute, and in this case, the commercial software hasn't even been released yet. Many people do it, but it doesn't make it any more legal.

    I'm not sure how much the settlement is, but it is well within Apple's rights. Maybe they asked for and received a token amount just to make an example of him.

    For the record, MS has gone after people before. Parts of Win 2000/NT source code have been released. There has not been any news of capture but MS will probably use all their means to punish the offenders.

    --
    Well, there's spam egg sausage and spam, that's not got much spam in it.
  22. Tiger Preview by paithuk · · Score: 5, Insightful

    The idea of the early release is to give developers who are willing to pay significant money, a head start in developing their applications so that they use the very latest and greatest features of the new OS (which in case is spotlight, etc). If Apple weren't to take action against piracy like the for-mentioned then these developers would lose faith and it be a lose-lose situation all round (including the end customer/user).

  23. Your definition of "equitable" is bizarre by FreeUser · · Score: 5, Insightful
    By definition:

    coerce (k-ûrs)
    tr.v. coerced, coercing, coerces

    1. To force to act or think in a certain way by use of pressure, threats, or intimidation; compel.
    2. To dominate, restrain, or control forcibly: coerced the strikers into compliance. See Synonyms at force.
    3. To bring about by force or threat: efforts to coerce agreement.

    So if you want to call lessening the punishment "coherced", you can. Apple gets what it want, untrustworthy developer get what he wants. Others might call it an equitable settlement.

    "In exchange for an apology and being example to others (by signing this confession), we'll reduce the sentence from death to twenty years in the Gulag". So if you want to call lessening the punishment "coherced" [sic], you can. Russia gets what it wants, untrustworthy citizen get [sic] what he wants. Others might call it an equitable settlement.

    See the problem with your logic, and your definition? I hope so, even if you can't bring yourself to admit it publicly.

    I don't want to defend or excuse the actions of this fool for having disseminated Apple's secrets all over the net, violating not only the NDA, but trade secrets and copyright, but to call what happened "uncoerced" is to redefine the term along Newspeak guidelines.

    Was what he did wrong and illegal? Yes.
    Was the law clearly on Apple's side? Yes.
    Could it have been worse for the offendor? Yes.
    Was the offendor coerced into making a public apology and serving as a scary example to others? You bet he was.

    $10,000 is probably a lot to most any 22-year-old. $500,000 would have destroyed him. "Do what we tell you or we'll destroy you" is about as coercive as it gets, whether or not the one being coerced is on the right side of the law. If you have any doubt about this, I suggest referring to the definition of the word, which I have conveniently pasted above.
    --
    The Future of Human Evolution: Autonomy
    1. Re:Your definition of "equitable" is bizarre by Bryan+Ischo · · Score: 4, Insightful

      Your understanding of the concept of "coercion" is oversimplified. You fail to take the circumstances of the supposed "coercion" into consideration.

      By your definition, any time anyone does something they don't want to do, they are "coerced". So I am being "coerced" by the government not to commit murder because if I did, they would throw me in jail for the rest of my life. Right?

      The word "coercion" completely loses its meaning if you really think it is supposed to be used this way.

    2. Re:Your definition of "equitable" is bizarre by ScentCone · · Score: 4, Insightful

      You're using the definition in a somewhat correct way, but the context makes the tone of your comments a little off. "Coerced," as in "compelled," true. But if Apple just threw a dart at the phone book and decided to "coerce" someone into giving them $10k, it wouldn't hold up in court. This settlement stuck because it's the tail end of a process that the twaddle-headed developer started through his own (uncoerced) actions. What happened was the playing-out of his own, freely chosen behavior within a framework that he understood and within which he chose to act.

      There's no coercing there, but rather simple justice. Otherwise, you might argue that when you choose to jump off a building, you are then coerced into hitting the ground. Apple said, "You're going to hit the ground either way, buddy, so say you're sorry, and we'll put out something of a mattress for you."

      --
      Don't disappoint your bird dog. Go to the range.
  24. Re:payment by soft_guy · · Score: 3, Insightful

    Actually he signed up under the free membership. Someone who had a professional membership transferred one of their seed licenses to him. The reason why it works this way is that for example, I have an ADC membership. I can purchase a an annual paid membership, but instead someone else at my company (in purchasing) does this and then transfers assets to someone on the development team who then transfers them to other team members (like me).

    Assets include DTS questions, seed licenses, hardware discounts, WWDC tickets, and other things.

    We always have left over seed licenses. Apparently some *real* developer transferred this kid a seed license. Because he had only signed up for the free service, he didn't really think about the NDA much.

    Apple's new rule is that you can only transfer assets to people at your company. I am not sure yet how that rule will affect me. I do some consulting and so I get assets transferred to me by multiple companies. I've had my membership for 10 years and worked at 5 companies during that time, plus other consulting work.

    --
    Avoid Missing Ball for High Score
  25. Similar Thing Happend To Me by espek · · Score: 5, Interesting
    A couple of years ago I found a leaked copy of 10.2 on Limewire or something simliar.

    Sure I downloaded For I was curious about it. Never got it to boot or anything, but I forgot about the copy left on the Limewire shared folder. Didn't think much of it since I never got the software to run properly, so I figured it was broken.

    Couple of weeks go by and I get a very angry call from my ISP telling me to delete the file immediately. Apparently, Apple called them and told them I had an illegal copy of their software on my machine. Needless to say, it scared the crap out of them and they in turn scared the crap out of me for they were fearing a lawsuit, etc. etc.

    The point of this little story is that this is nothing new on Apple's part. They're always protecting their R&D investment. And while the young and restless will snicker, it really taught me a lesson about respecting other people's hard work. This is something you don't learn until you start getting older apparently, for I would never have felt that way about it when I was a younger.

    Do I feel sorry for the guy that got sued, well, not really. He violated a contract, an agreement, and when that happens you have to suffer the consequences. Besides, I think there is more to the story than we are privy to. It's a waste of money for Apple to send their legal bird of prey after a 22 year old unless he really did some damage. These days with things like BitTorrent, the damage grows exponentially...and unfortunately, so does the punishment as a result.

  26. So THAT's what happened to... by IronChefMorimoto · · Score: 3, Funny
    kind of like when we make celebrities caught snorting coke of a ten year old boy's ass make a public service announcement about the dangers of illegal drugs.


    So that's what happened to Michael Jackson's nose.

    When did his "The More You Know!" PSA air?

    IronChefMorimoto
  27. Re:Praise be to apple!!! by idsofmarch · · Score: 5, Insightful

    The guy broke a NDA, he signed an agreement not to release the software. This is speaks to the one of the foundation of our society, the ability to make an hold to an agreement.
    The ad hominem attack on Jobs is a nice little aside to the fact that the law recognizes agreements as important to the structure of business.
    Plus, it has to do with karma, Slashdot currently sees MS and the RIAA as entities without karma, both have done so many stupid and malicious things that they can't help but react with pitchforks and 'effigies'. Meanwhile, Apple has created nice products without finding interesting ways of screwing its customers. That's the difference; you shouldn't have gotten Troll but rather Redundant for saying something that has been in every thread here for the last year.
    Try to be more clever; like 'Reich-publicans' I like that.

    --
    Anyone who whines about being modded down should be.
  28. Terms of the settlement... by stinkpad · · Score: 3, Insightful
    Were not disclosed. So, it could have been ONE DOLLAR, plus the apology. (or ten, one hundred, one thousand, or some such small amount.)

    Since the amount was not disclosed, I would think it to be a small amount. If it was some large amount, I think they would have published the amount. An unknown amount may have as much, if not more "fear factor" than a known large amount, when it comes to discouraging future behaviour in others.

    So, I think the carping about picking on a "poor student" is a load of crap. To enter into a binding contract, one must be of the age of majority. If he then broke the terms of the NDA, I have no sympathy.

  29. Re:MOD PARENT DOWN by NormalVisual · · Score: 3, Insightful

    "Breach of contract" isn't the issue here that is criminal in nature, "misappropriation of trade secrets" is. CA Penal Code section 499c indeed makes misappropriation of trade secrets a crime, punishable by a year in prison and a $5,000 fine.

    --
    Please stand clear of the doors, por favor mantenganse alejado de las puertas
  30. There's an argument? by ShoobieRat · · Score: 3, Insightful

    Okay, this guy (who we'll refrain from calling "a total dumb@ss" for now), signs the usual legal agreement with Apple and receives confidential software, that he then, against contract, distributes to the web. Apple, with contract in hand, takes this guy to court. They bring this guy to the full accountability of the court, (which he knew about beforehand). In an act that I would describe as barely short of weakness, Apple offers this guy a way out of having to pay 500-Grand. ... And people have a problem with this? The guy willingly and directly defied his contract agreement by distributing this software, and Apple rightly came after him. Considering the way in which he broke contract, they should have nailed him to the wall! It's more of an example to pirates when companies show no mercy! This guy broke the law. Deliberately. It might be different if he like, had his computer stolen or something. What? Is he claiming that he opened a can of Jesus Christ and was told to put Tiger on the web? Please... If Apple wants to send a message to software pirates, they shouldn't do it by showing that they give pirates a break. If the full penalty crushes this guy into a sublevel of hobbo that he'll never recover from, so be it. He knew what he was doing. They should lock him away in a deep dark hole for the rest of eternity (or, if yer a darwinist like me, shoot him).