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Apple Sics Lawyers on SomethingAwful

bheer writes "Apple has sent a threatening letter to SomethingAwful about a post in its forums that describes how to fix the overheating in some MacBook Pros by applying thermal paste properly, according to a post on Gizmodo. The post includes a brief excerpt from Apple's Service Source Manual which Apple wants removed. Gizmodo continues: 'the real problem [is] that the image shows the extremely sloppy manufacturing process that is causing the MacBook Pro to run at temperatures as high as a 95 degrees Celcius under full load.'"

18 of 512 comments (clear)

  1. Re:Why is this news? by Anonymous Coward · · Score: 5, Insightful

    I don't know whether fair use applies

    They're reproducing a copyrighted image for the purpose of reporting on and criticizing the company that produced the image. This is the exact sort of thing fair use is supposed to exist for in the first place. If fair use doesn't exist to prevent copyright owners from allowing people to exerpt those copyrighted materials in order to respond to them, then why do we even have it?

  2. Take your own picture by chanrobi · · Score: 5, Insightful

    Problem solved. Why is this such a big deal?

  3. Karma whore by Anonymous Coward · · Score: 5, Informative

    The thread in question:
    http://forums.somethingawful.com/showthread.php?s= &threadid=1864582

    Lowtax's response:
    http://forums.somethingawful.com/showthread.php?th readid=1867138

    Posted anonymously to avoid accusations of karma whoring :)

  4. End of thread by jmorris42 · · Score: 5, Informative

    Let me save everyone the trouble...

    Apple is acting like Apple always does... like an asshole. They are caught out in a fairly major QA problem and trying to lawyer their way around it. Same as every other large company. Mac fanbois will of course totally defend their noble defense of their 'intellectual property' even though this case is a textbook example of fair use. The fanbois will also 'like totally defend the quality of Apple hardware against that Dell crap.' And while they have cause for that in general it will stink of slavish devotion because of just how busted Apple is on this case.

    That 'bout cover everything?

    --
    Democrat delenda est
  5. sounds like a job for... by steak · · Score: 5, Informative
  6. The problem is... by Galston · · Score: 5, Informative

    The problem is that Something Awful aren't hosting the picture, it is hosted by someone else elsewhere. Something Awful only have a link to the picture in a thread not the actual picture itself.

    1. Re:The problem is... by Jodka · · Score: 5, Funny
      The problem is that Something Awful aren't hosting the picture, it is hosted by someone else elsewhere. Something Awful only have a link to the picture in a thread not the actual picture itself.

      So does Slashdot.

      --
      Ceci n'est pas une signature.
  7. Re:Why is this news? by rolfwind · · Score: 5, Insightful

    This is not a "company's private information" but the service manual. This is freedom of the press/speech in it's purest form. Unless you think a snippet from a page of Apples' service manual can cause it to loss of IP value (sales) purely based on the content shown (I was unaware they were in the service manual business).

    As a small apple shareholder, I request that the company become less litigation happy. It's souring relations with the wrong crowds which could have otherwise been attracted to it's product. Pardon the pun, but stop being sour apples:(

  8. fair use by penguin-collective · · Score: 5, Insightful

    No, that's not the "real problem". Apple goes after anyone, anywhere, that ever posts or reproduces anything from their service manuals, which it considers proprietary, in whole or in part. It doesn't matter what circumstances in which this was posted: Apple would have gone after them, regardless.

    It doesn't matter what Apple considers them, they should be published copyrighted material and governed by the rules that apply to such materials. As such, posting a one page excerpt out of a manual that must be several hundred pages ought to be considered "fair use", in particular given the purpose that it's being posted for.

    No, TFA is right: Apple wants this information removed for the sole reason that it embarrasses them. Verbal acrobatics like "considers them proprietary" are just an attempt to hide that fact. In the end, Apple had two choices: tolerate it or send in their legal team, and they have chose the latter.

    Apple is the best in terms of responding to and remedying these kinds of problems when compared to other vendors

    Actually, when you look at surveys and analyses of service quality, Apple is in the top, but they are not always the best. My own experience with their service on a top-of-the-line Powerbook has been that they are trying, but that it may take them several tries to fix it.

    1. Re:fair use by Anonymous Coward · · Score: 5, Informative

      This material isn't published, all Apple service manuals are considered confidential trade secrets.

      As Linuxmop pointed out below, the entire manual is here (and now it's on my hard drive). If it was a trade secret, it isn't any more.

      http://www.repairyourmac.com/macbook-pro.pdf

  9. Wow by Anonymous Coward · · Score: 5, Insightful

    I saw the picture of their service manual on the SA forums. It's shows the guy putting an entire tube of thermal grease on an area that is around 1/2 square inch. So, after all is said and done in the manufacturing process, Macbook pro's probably have around four tubes of thermal grease in them. That really is insane. [b]One tube alone[/b] should be able to do three or four laptops.

    I'm suprised the laptops didn't outright fail due to the heat.

    If anyone is interested, here is what the parent poster is talking about:

    http://img261.imageshack.us/img261/7541/lol1qe.jpg

  10. Fair Use by TubeSteak · · Score: 5, Informative
    How is posting sections of a service manual fair use? Service providers and others who are given access to those manuals sign an agreement that they will not do the very thing that was done.


    http://en.wikipedia.org/wiki/Fair_use#Fair_use_und er_United_States_law
    In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include--
    1. the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
    2. the nature of the copyrighted work;
    3. the amount and substantiality of the portion used in relation to the copyrighted work as a whole;
    4. and the effect of the use upon the potential market for or value of the copyrighted work.
    1. The use would qualify as " nonprofit educational purposes";
    2. ummm, it's a service manual;
    3. SA used a tiny portion "in relation to the copyrighted work as a whole"; and
    4. This use should have zero effect on any "potential market for or value of the copyrighted work"


    I'm not really sure how to address your second point. It's either irrelevant, or Apple should be claiming SA divulged Trade Secrets.
    --
    [Fuck Beta]
    o0t!
  11. Not the issue by todesengel · · Score: 5, Insightful

    Nobody seems to be addressing the real issue here. As noted in Lowtax's post, what's ridiculous about this lawsuit is that Apple is taking legal action against SA for something that isn't even on their servers. All that is posted in the offending thread is a link to the service manual on someone else's webspace. Apple threatening SA and their ISP is absurd, they have done absolutely nothing wrong.

  12. I am confused.. by f0dder · · Score: 5, Funny

    is it ok to hate Apple now?

  13. Uh-oh... by hunterx11 · · Score: 5, Funny

    Apple is going to sue now that /. has a link to a page containing a link to the picture!

    --
    English is easier said than done.
  14. It has *EVERYTHING* to do with fair use by schon · · Score: 5, Interesting
    This has absolutely nothing to do with fair use.

    Wrong, it has *EVERYTHING* to do with fair use, as evidenced by the letter from Apple:

    The Service Source manual for the MacBook Pro is Apple's intellectual property and is protected by U.S. copyright law. Linking to the manual on your website is an infringement of Apple's copyrights. We therefore must insist that you immediately take all necessary steps to remove the Service Source manual and any other Apple copyrighted material from your site and to prevent further unauthorized use or distribution of Apple intellectual property.


    By playing the copyright card, Apple themselves are making this about copyright, and thus (by definition) fair use is a factor.

    Note that NOWHERE in the letter that Apple sent, do they mention trade secrets (which is what you believe is going on here.)
  15. nope. by YesIAmAScript · · Score: 5, Insightful

    Yes, having too much heat sink goop between in the thermal interface is bad. Yes, you need to have a very small amount in that area.

    But there is nothing wrong with putting more on as long as you apply sufficient pressure to squeeze the extra out. And that is what Apple's picture shows. A thin film in the thermal interface area and big globs around the interface area.

    The film on the interface area is slightly thick, but it's not so thick that it would cause significant problems. It's not any thicker than the film that I saw on my NVidia 6800 Ultra or 7800GT when I removed the heatsinks to replace them with other cooling solutions.

    And as to the lawyers thing, Apple just said to remove the link. It is illegal in this country to link to copyrighted material, not just to host it. Otherwise, bittorrent trackers would be legal, right?

    This story is way out of control lately. I'm glad people are getting the message that putting a lot of TIM (thermal interface material, also known as heat sink goop) on is unnecessary. Maybe next time around they could actually learn enough about cooling to know what to look for in a picture of others' work.

    Additionally, note that electrical conductivity is not an important characteristic of TIM. In fact, it is typically electrically non-conductive so that if you have a little spread out onto nearby circuits (say, the multiplier resistors on top of an Athlon) it won't short stuff out. TIM only has to conduct heat. It does it better than air (which is what would otherwise fill a void space), and that's about it. That's why you use as little as possible.

    Honestly this is all a mountain out of a molehill. All someone had to do was post a picture of their own laptop and not use Apple's copyright restricted info and this wouldn't have even happened.

    --
    http://lkml.org/lkml/2005/8/20/95
  16. Not just one page by Yjerkle · · Score: 5, Informative

    The post includes a brief excerpt from Apple's Service Source Manual which Apple wants removed.

    I have mod points, but I couldn't find anyone pointing this out to mod up. The post includes a link to the entire service manual. Apple's complaint is NOT about the single page showing the thermal grease, it's about the posting of a PDF of their copyrighted service manual in its entirety. Now, they're still threatening the wrong person, since the file is hosted somewhere else, but there is real infringement going on.