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Apple Sues Over iPhone Smartphone Skins

ghostcorps writes "Australian Newspaper 'The Age' reports that developers of iPhone skins (skins for smartphones that resemble the iPhone) have been legally attacked by Apple. Beyond that, bloggers who have reported on the skins have been threatened with legal action as well. From the article: 'Ironically, Apple's attempts to have the files removed from the web have only given the skins greater publicity, and they have already begun spreading to other websites. The issue marks a distinct change in tone for many bloggers and journalists, who just last week praised Apple for its 'revolutionary' and 'game-changing' phone despite being unable to conduct a proper hands-on test of the product.'"

197 comments

  1. Apple. by Anonymous Coward · · Score: 0

    Bring back the ][. You used to be cool.

    1. Re:Apple. by dosius · · Score: 0, Offtopic

      http://sf.net/projects/dapple/

      Full disclosure, this is my project (and I'll admit, it's not that great, but it works pretty well on Linux with 95% of the features of the old DOS version...)

      -uso.

      --
      What you hear in the ear, preach from the rooftop Matthew 10.27b
    2. Re:Apple. by AndroidCat · · Score: 1

      Yeah, because Apple would never sue over look'n'feel back in the old days...

      --
      One line blog. I hear that they're called Twitters now.
  2. why am I not surprised by Roachgod · · Score: 3, Insightful

    OF COURSE they are going to sue. A lot of Apple's selling power is how COOL it looks. If everybody has something that looks the same (even if it doesn't work the same) then it dilutes the cool factor.

    1. Re:why am I not surprised by wondercool · · Score: 5, Insightful

      OTAH if you sue your fanboys, you screw your most fanatical supporters, making yourself uncool rapidly.

      It's much easier to fall from your pedestal than climbing it. (look at MS, Sony and IBM in the past and today).

      Imitation is the sincerest form of flattery, and in this case the flattery seems harmless and good for the brand?

    2. Re:why am I not surprised by x2A · · Score: 4, Funny

      If they really want to keep the "cool" look, they should make the iPhone smoke cigarettes... everyone knows smoking makes you cool.

      --
      The revolution will not be televised... but it will have a page on Wikipedia
    3. Re:why am I not surprised by Nuskrad · · Score: 4, Funny

      Totally, teenagers all smoke and they seem pretty on the ball

    4. Re:why am I not surprised by falser · · Score: 1

      And of course if you dilute the cool the temperature will rise and cause a "pleasing to the eye" turquoise screen of death with soft edges and fluid animations.

    5. Re:why am I not surprised by Roachgod · · Score: 5, Insightful

      Last I checked all 3 were doing quite well. Really, Apple doesn't have to worry about anything by doing this. They will piss off a couple 'fanboys' but most of them will keep buying Apple's stuff cause it is cool. And for every fanboy they lose, if they successfully keep their product the 'stylish fashionable gotta have it' product, they win a bunch of trendsetter types. Those people are actually much more valuable. You probably just don't notice cause basically none of them bother with sites like slashdot.

    6. Re:why am I not surprised by Randolpho · · Score: 1
      OTAH if you sue your fanboys, you screw your most fanatical supporters, making yourself uncool rapidly.


      Case in point: TSR.
      --
      "Times have not become more violent. They have just become more televised."
      -Marilyn Manson
    7. Re:why am I not surprised by FyRE666 · · Score: 1

      Who cares? Really, it's just a phone, and not even a very good one at that. Aside from the animated interface and (wow) touch-screen, it's hardly worth what Apple are asking. It doesn't even run Java apps; in fact, there's no way for any independent developer to write any code for it. As usual, Apple are just plain greedy; trying to sew up the market by controlling the hardware and the software on the device. Fair enough, it's theirs to do with as they please. Didn't work too well against Microsoft though, did it? The only good thing MS ever did was to prevent Apple from dominating the desktop and keeping a cast iron grip on the hardware and OS.

      Jobs is a greedy fool. I have no idea why Apple have all these fan boyz, unless said boyz are simpletons who can be swayed by pretty boxes. I'm saying this all as a diehard Linux admin who also owns an Apple iMac, BTW...

    8. Re:why am I not surprised by dgatwood · · Score: 2, Insightful

      Uh... I've heard of one too many cell phones smoking. I don't want to see another one....

      :-)

      --

      Check out my sci-fi/humor trilogy at PatriotsBooks.

    9. Re:why am I not surprised by Anonymous Coward · · Score: 0

      Love the hidden futurama reference.

      c.o. Zapp Branigan.

      http://www.imdb.com/title/tt0756893/

    10. Re:why am I not surprised by __aavevi421 · · Score: 1

      Well, if I didn't have to wait 10 months for it... I mean, I would be happy to click a 'Buy it Now' button and wait for a week for the postman to knock on my door but 10 months before it's in the UK??? Chances are, Sony Ericsson wil have something better out by then so Apple will have missed me as a customer...

  3. Hah by matr0x_x · · Score: 0, Flamebait

    If you read the article carefully it hardly implies that bloggers were threatened with legal action for simply reporting about the skins.

    --
    LINUX ONLINE POKER: Linux Poker
    1. Re:Hah by Luscious868 · · Score: 0
      If you read the article carefully it hardly implies that bloggers were threatened with legal action for simply reporting about the skins.
      This is Slashdot. The summaries of stories are mostly over-hyped and/or misleading and 75% of those who post comments haven't bothered to RTFA.
    2. Re:Hah by x2A · · Score: 5, Funny

      I totally agree with you; Apple should be stopped from killing babies and using their blood as ink to write letters threatening to frame people for murder and put them in the chair if they don't stop even mouthing the word "iphone"... bastards.

      --
      The revolution will not be televised... but it will have a page on Wikipedia
    3. Re:Hah by TheNetAvenger · · Score: 4, Informative

      If you read the article carefully it hardly implies that bloggers were threatened with legal action for simply reporting about the skins.


      Can you NOT read, or did Apple pay you to post this clueless response?

      FTA:
      Apple's lawyers also sent letters to journalists who simply reported on the fact that the skins were available. ....

      "If Apple wants to go after the guy that made the Windows Mobile skin that looks like the iPhone, fine. But to bully bloggers who are simply reporting on this is another matter."

    4. Re:Hah by dan828 · · Score: 1

      If you read the article carefully it hardly implies that bloggers were threatened with legal action for simply reporting about the skins.
      This is Slashdot. The summaries of stories are mostly over-hyped and/or misleading and 75% of those who post comments haven't bothered to RTFA. Hell, we can get news anywhere. We come to slashdot for over-hyped and misleading stories and clueless comments. RingTFingA is for sissies.
  4. Legal headache by techpawn · · Score: 0

    How many suits can one product give you before you say enough?

    --
    Ask not what you can do for your country. Ask what your country did to you
    1. Re:Legal headache by dangitman · · Score: 1

      42.

      --
      ... and then they built the supercollider.
  5. Publicity by pfortuny · · Score: 1, Insightful

    So they are going to be freely publiciced again. And they may even get some money from a trial.

    Wow, this is **business** and no mistake.

    1. Re:Publicity by calciphus · · Score: 1

      "Any publicity is good publicity" - Some jerk from a no-name company.

      When you really get down to it, this IS hurting Apple's image. They claim to be the hip, cool, company of the people, that's all about expressing yourself.

      Unless, and god help you if you do, expressing yourself doesn't involve giving them money. I mean...suing people for posting a SCREENSHOT OF A SKIN THAT IS HOMAGE TO A PRODUCT YOU HAVEN'T RELEASED.

      And they wonder why they'll never make it.

  6. It's just a necessary evil in trademark protection by TigerNut · · Score: 5, Informative

    Before everyone goes completely non-linear, it should be noted that if you have a trademark, you have to protect it if you want to keep it yours. Since one of the trademarks of Apple's latest batch of products is its unique interface style and artwork, they MUST take action when their artwork is being circulated and incorporated into other products. Even if there is a part of them that recognizes that imitation is the sincerest form of flattery.

    --

    Less is more.

  7. Apple is gay... by Anonymous Coward · · Score: 0, Flamebait

    Apple's all about looks. They're all about the techno-liberal-geek that is somehow "cool" because he uses something that isn't a PC because there's this false perception that PC's are evil. He therefore gets his cool factor. Apple wants to keep it up. Good going, Apple!

  8. Sounds like cheap publicity... by AKAImBatman · · Score: 3, Insightful

    ...for nothing more than the cost of a Cease & Desist.

    Nice. (For Apple, that is.)

  9. Disingenuous summary by drinkypoo · · Score: 5, Informative
    skins for smartphones that resemble the iPhone

    Uh NO. These are skins for smartphones that use Apple's icons, which is to say, copyrighted artwork.

    If they created their own icons that looked SIMILAR then Apple would have to suck it up and deal with it. They are not. They are using Apple's copyrighted media.

    Yet again, slashdot editors can't or won't edit. Remind me again why I should subscribe? So I can see this inaccurate tripe before it hits the front page?

    --
    "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    1. Re:Disingenuous summary by CitX · · Score: 0, Flamebait

      I agree about the copyrights (although the are tenuous) the real issue that is disturbing and scary is Apple is sending letters threating legal action to those just reporting the skins are available....Sounds like a "Bush" move to me.

    2. Re:Disingenuous summary by drinkypoo · · Score: 4, Insightful
      Apple is one of the most hypocritical tech companies when it comes to IP - they'll rip off features from freeware/shareware developers without any compensation

      Dude, that page you linked to even has a comment invalidating the point about sherlock. I'm sure if I wandered around I could find more examples.

      and sue the pants off anybody whenever they have the slightest excuse.

      I agree that Apple is overly litigious and that they are no angels. However, in terms of the people who actually made the skins, this is a clear-cut case of copyright infringement, and not the "good kind".

      I am not defending Apple, I am defending proper use of copyright law, of which this is an example.

      You either apply your principles the same to every situation regardless of the principals, or you have none.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    3. Re:Disingenuous summary by sheldon · · Score: 1, Interesting
      These are skins for smartphones that use Apple's icons, which is to say, copyrighted artwork.

      If they created their own icons that looked SIMILAR then Apple would have to suck it up and deal with it.


      How'd they get the icons from the iPhone when it hasn't been released yet?

      You sure they didn't just make their own icons that looked SIMILAR to what had been seen in the media reports on the iPhone?
    4. Re:Disingenuous summary by Anonymous Coward · · Score: 0

      I think you're wrong. People created these icons based on the tech demo of the iPhone. How could they get the actual icons, and why would they be in the same format for another OS, even if they could? By your logic, downloading their icons and changing one pixel would be enough to differentiate the two icons. When does "similar" end and "exact" begin to you? These sites did not post apples *actual* icons, they created similar looking ones for their particular OS and posted them. Apple is upset about this.

    5. Re:Disingenuous summary by drinkypoo · · Score: 1
      You sure they didn't just make their own icons that looked SIMILAR to what had been seen in the media reports on the iPhone?

      Am I sure? Not 100%. But from the FA, "The skins don't add any new functionality to the devices, but make use of the iPhone's copyrighted icons to create a UI that distinctly resembles Apple's hybrid mobile phone."

      See also this forum post with an Apple C&D letter posted. The icons came from a screenshot.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    6. Re:Disingenuous summary by 99BottlesOfBeerInMyF · · Score: 1

      How'd they get the icons from the iPhone when it hasn't been released yet?

      Apple published pictures on their Web site.

      You sure they didn't just make their own icons that looked SIMILAR to what had been seen in the media reports on the iPhone?

      In some cases they probably did, but depending on how closely they mimic Apple's work it can still be copyright infringement. In many cases in the past artwork has been reproduced by hand to copy an existing work and the copy has differed slightly. That doesn't mean it is not copyright infringement, especially when you're talking about whole sets of icons using the exact styles and colors. They need to make derivative works significantly different to be in the clear legally. Just look at the pictures in the story and on Apple.com. It is a rip off plain and simple and I'd be pissed as hell if I spent a lot of time and money creating something only to have others make knockoffs even I wouldn't know aren't the ones I made.

    7. Re:Disingenuous summary by blugu64 · · Score: 3, Informative

      Probably from Apple's PR website. They've got *huge* images of the iphone.

      http://www.apple.com/pr/products/iphone/iphone.htm l

      --
      "Personal ownership is a hallmark of conservative capitalism. And I don't believe I am entitled to anything that I did n
    8. Re:Disingenuous summary by Anonymous Coward · · Score: 0

      > You either apply your principles the same to every situation regardless of the principals, or you have none.

      What was that? Something about foolish consistencies and hobgoblins and little minds?

    9. Re:Disingenuous summary by DaggertipX · · Score: 1

      One pixel is not enough to differentiate and create a derivative work. Legally they are in the wrong, as well as morally. If I had designed the icons to see them ripped off like that, I would be furious, and rightfully so.

  10. Cisco is silly by alewar · · Score: 5, Insightful

    A couple of days ago Apple said that Cisco suing them over the name iPhone was "silly"...
    how do they qualify this?

    1. Re:Cisco is silly by jaypaulw · · Score: 1

      Mod it up. My thoughts exactly. They should sue this sad individual too http://www.iphoneunboxed.com/

    2. Re:Cisco is silly by 99BottlesOfBeerInMyF · · Score: 3, Informative

      A couple of days ago Apple said that Cisco suing them over the name iPhone was "silly"... how do they qualify this?

      I think you're trying to equate two very different actions based upon different types of IP. Trademarks are designed to keep one vendor from tricking customers into thinking the product they are considering buying is from someone else. Copyrights are about ensuring a creator profits from their creation. Both have problems with the way the laws are designed, but look at the two cases. With iPhone, Cisco arguable no longer has the copyright and did not have any product by that name for years until they faked the existence of one just after Apple contacted them and they figured they could make money off of it. Cisco is basically trying to trick consumers into thinking their product is from Apple as most people assume anything called an iPhone is made by Apple. Without Apple, the trademark on the name "iPhone" is worthless.

      In the second instance Apple is sending takedown notices to people who have copied their copyrighted creations. The creations themselves are valuable whether or not Apple exists.

      Imagine your name is John Smyth and you're an artist. You become very popular for your macaroni and razor blade sculptures which you sell under a trademarked brand "SmythArt." Some other guy who inherited an old and unused trademark on the term "Smithart" from his uncle's metalworking business decides you might pay him for that trademark, so he makes a lasagna and razor blade sculpture, buts it on ebay and calls you to try to get you to pay him to not trick consumers. That's silly and abuse of trademarks. You go to court with him over the issue. Now imagine another person takes one of your sculptures and recreates it as exactly as possible and starts selling that while telling everyone it is "just like SmythArt sculpture number 7." That is copyright infringement.

    3. Re:Cisco is silly by Anonymous Coward · · Score: 0

      Double standards: They aren't just for burned out ex-hippie parents trying to tell their kids not to do drugs anymore!

    4. Re:Cisco is silly by DaggertipX · · Score: 1

      Someone with mod points, please mod the parent post up.

  11. I'm not surprised by Fahrvergnuugen · · Score: 2, Insightful

    During his keynote, Jobs mentioned that the iPhone is protected by over 200 patents (surely some of those cover the interface) - and that they intend to protect them.

    --
    Kiteboarding Gear Mention slashdot and get 10% off!
    1. Re:I'm not surprised by drinkypoo · · Score: 1

      This has nothing to do with patents. They're using Apple's copyrighted icons. These are just skins, they don't provide all the functionality of the iPhone or anything. There's no pinch/unpinch to zoom for example (there's no zoom! but the next OSX is supposed to be device independant, like Display Postscript always was) and it's not like the skin adds a proximity sensor or an accelerometer - of course you couldn't patent the accelerometer-in-a-PDA thing since AFAIK it was first done by some hackers who added an Analog Devices MEMS accelerometer to a Palm Pilot Pro, but you could patent some of the things they do with it. Though not rotating the screen with device rotation, since THAT is old too - the first time I saw it was the 15" Radius PIVOT display, which was available for both Mac and PC (I had it on a 386 running Windows 3.1 and it actually worked pretty well THERE.)

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    2. Re:I'm not surprised by zsau · · Score: 1

      Not, of course, that the pinch interface is new either. Is there anything in the iPhone that is new, or is it just Apple doing what they do best—combining a whole lot of great but pre-existing ideas, well, into a single unified package?

      --
      Look out!
    3. Re:I'm not surprised by drinkypoo · · Score: 1

      There's probably nothing TRULY new there. The only difference between the iPhone and any other phone is that it combines the most features in a single package - which is why it's such a huge shame that we can't put our own apps on there. This is probably the phone with the most feature-rich API ever - you can do much of this with linux of course but in this case it's all already packaged into one phone.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
  12. fair warning by Speare · · Score: 1

    During the keynote, Steve was talking about how vigorously they were protecting the phone. Patents in particular numbered in the many dozens, but you know by extension that they're gonna be protective of everything related to the dang thing.

    --
    [ .sig file not found ]
  13. Apple? by Anonymous Coward · · Score: 5, Funny

    Why is Apple suing? Isn't the iPhone a Cisco product? Wierd, I'm confused.

  14. Apple first should settle its trademark issue by someone1234 · · Score: 0, Troll

    ... with Cisco. It is so repugnant how these companies try to stiffle creativity.

    --
    Patents Drive Free Software as Hurricanes Drive Construction Industry
    1. Re:Apple first should settle its trademark issue by jonnythan · · Score: 1

      I agree.

      The level of creativity involved in directly copying Apple's icons and widgets is significant. The type of person who would do this needs to be protected from big corporations.

    2. Re:Apple first should settle its trademark issue by Wateshay · · Score: 2, Interesting

      How exactly is copying Apple's trademarked graphics to make an interface that looks almost identical to Apple's in any way creative.

      --

      "If English was good enough for Jesus, it's good enough for everyone else."

    3. Re:Apple first should settle its trademark issue by ronanbear · · Score: 1

      I take your general point but in this case it's direct copying. Apple have been creative and someone else is ripping their design off.

      I'm not sure how that means Apple is stifling creativity. If anything the skinners are the ones who are stifling creativity by stealing someone else's designs and undermining the value of the (no doubt expensive) work done by Apple.

      --
      the more they over-think the plumbing the easier it is to stop up the pipe
  15. The Bloggers are 'assiting copyright infringement' by paladinwannabe2 · · Score: 4, Funny

    By Apple's reasoning, if I published an article that mentioned that The Pirate Bay has copies of OSX you can dowload, they would sue me. Good thing that no pro-Apple people read Slashdot, otherwise I would have to post anonymously...

    --
    You are reading a copy of my copyrighted post.
  16. Linking by prelelat · · Score: 3, Interesting

    The article seems to suggest that the bloggers were posting the articles on where to download the skins as well. Even though this doesn't mean that the blogger was posting this stuff does it mean they should be liable? This sounds familiar to sites that have been shut down for posting links to copyright material like supernova and nzbzone and many others. Does a sign post on the Internet constitute liability for that content? Are these bloggers facilitation the download of copyrighted material in the same manner. I don't think so but I think that so far the proof is pointing in the direction of yes. This is because no one has the money/balls to fight these corporations, I can see why its freaking scary. I hope that it can go to court and be won by the bloggers so that in the future something like this doesn't happen again. In my opinion I think that blogging is as much a form of News as anything. Especially when it comes to technology.

    I'm just getting overly tired of these lawsuits where someone says hey look what billies doing its pretty cool, and Tony the Tooth comes over and says shut it down or I'm going to break some legs.

    The other point is, is if the Times had printed a screenshot of the images in questions would they be sued? I highly doubt it.

    1. Re:Linking by 99BottlesOfBeerInMyF · · Score: 1

      Are these bloggers facilitation the download of copyrighted material in the same manner. I don't think so but I think that so far the proof is pointing in the direction of yes. This is because no one has the money/balls to fight these corporations, I can see why its freaking scary.

      The problem is the existence and interpretation of contributory copyright infringement laws. The ACLU and EFF have been involved in several such cases and they have money, but realistically, the problem is that our politicians sold us out by passing bad laws in exchange for legalized bribes.

      In my opinion I think that blogging is as much a form of News as anything.

      Blogging is news as much as anything else, with the exception of a few state whistle-blower laws that only protect certain types of news reporters and don't apply in this case.

      I'm just getting overly tired of these lawsuits where someone says hey look what billies doing its pretty cool, and Tony the Tooth comes over and says shut it down or I'm going to break some legs.

      Sending a copyright violation notice is hardly breaking legs or threatening. Apple in particular has a very good track record (despite media coverage to the contrary) of avoiding suppressing freedom of speech via legal muscle. In the only case of actually suing small publications and blogs that I know of they sued only for the name of their employee that had broken several laws, not for any damages or to shut the publications down.

      The other point is, is if the Times had printed a screenshot of the images in questions would they be sued? I highly doubt it.

      The times wouldn't have reprinted copyrighted material because they have a legal process. As for other, larger publications that are not blogs, if you RTFA you'd know Apple sent them takedown notices as well.

    2. Re:Linking by CharliePete · · Score: 1

      It's the way our Intellectual Property laws have been going for years and it will not get better any time soon ( See the perform act ). It's not only a crime to use someone else's IP without permission but it's also become a crime to enable others to do so - without regard as to whether or not it's your intent to do so either in the statements you make or the technologies you create. One thing that amazes me is that if someone walks into a Best Buy and swipes a CD it's considered petty theft (punishable by up to a year in jail and a $1,000 fine) but if that same person downloads just one of those songs from the Internet it's considered piracy (punishable by up to 5 years in prison and a $250,000 fine)

      --
      "Never limit what you know to what you do", Me
    3. Re:Linking by smoker2 · · Score: 1
      The other point is, is if the Times had printed a screenshot of the images in questions would they be sued? I highly doubt it.
      Well this site doesn't seem to be feeling the heat.
  17. Stupid to go after bloggers by doormat · · Score: 2, Interesting

    The ESRB made the same mistake when they went after bloggers who talked about a shirt from some online store that said "Your mom, rated E for Everyone", they eventually issued an appology to the bloggers they harassed. Somehow I doubt Apple would ever say they were sorry to bloggers.

    --
    The Doormat

    If you're not outraged, then you're not paying attention.
  18. Apple groupthink writes: by Anonymous Coward · · Score: 0

    A company must protect its IP! Except for the name 'iPhone' in which case Apple has every right to it.

  19. Re:It's just a necessary evil in trademark protect by mobby_6kl · · Score: 3, Informative

    The interface skin is not a trademark. Apple's just behaving like an ass, that is all.

  20. Soft and cuddly on the outside... by Yaddoshi · · Score: 3, Interesting

    Boy, if Apple and Disney ever teamed up...I'm not sure how to finish that thought.

    1. Re:Soft and cuddly on the outside... by Anonymous Coward · · Score: 0

      One word: Funzo.

  21. Hah yourself by multisync · · Score: 4, Informative
    "Apple therefore demands that you remove this screenshot from your website and refrain from facilitating the further dissemination of Apple's copyrighted material by removing the link to http://forum.xda-developers.com/ where said icons and screenshot are being distributed."


    Sounds pretty threatening to me. The article didn't post the complete text of the letter, but these types of letters are typically worded to scare bloggers (or more likely their ISPs) in to removing the content in question. And we all know simply linking to something can get you in to legal troubles these days.
    --
    I don't care why you're posting AC
    1. Re:Hah yourself by x2A · · Score: 1

      Hypocrites... they're allowed to link to the website, in their letter that they're mass-mailing out to people, but no one else can do in the things they write? How's that fair??

      --
      The revolution will not be televised... but it will have a page on Wikipedia
    2. Re:Hah yourself by glesga_kiss · · Score: 1
      Sounds pretty threatening to me.

      Not when it's put through the iFanboy Spin Machine. Counters all known forms of reality and editorial bias.

  22. Personally... by suman28 · · Score: 1

    Apple has fallen from their pedastal in recent years. They were the "cool but geeky and not very market savvy company" that I always looked up to. In the past couple of years, they have sued john does' of the world just to keep out information and they have forgotten that they are upsetting the fan club that blindly praises anything the company puts out.

    1. Re:Personally... by kchrist · · Score: 1
      "cool but geeky and not very market savvy company"

      Are we talking about the same Apple? Apple Computer^WInc. is probably the most market-savvy company I can think of. Who else could have this many people talking about a product that's still six months away from release? Look back and notice that this has been a common theme of their since Steve Jobs came back.

      The reason they get away with BS like this just shows how good they really are. No one is going to not buy an iPhone over this or any of the other borderline or actually evil things they've done.

  23. Re:It's just a necessary evil in trademark protect by DBCubix · · Score: 2, Informative

    What trademark? Cisco owns the iPhone trademark.

    --
    I called it a mighty Sperm Whale, she called it Finding Nemo.
  24. Their troubles are over. by Rob+T+Firefly · · Score: 3, Funny

    Now that they are suing people for posting leaked Windows source code^H^H^H DeCSS^H^H^H The Grey Album^H^H^H Paris Hilton pr0n^H^H^H Metallica MP3s^H^H^H iPhone skins for Smartphones, they will surely vanish from the Internet forever.

  25. Re:It's just a necessary evil in trademark protect by idontgno · · Score: 5, Insightful

    I am not a lawyer: the following is just my reading of the readily available material on design property protection, mostly from a US perspective (mine). YMMV.

    Since one of the trademarks of Apple's latest batch of products is its unique interface style and artwork

    Regarding "trademark": "You keep using that word. I do not think it means what you think it means."

    Do you mean trademark literally? And legally? Industrial design intellectual property protection is kinda weird in the US. You can take out a design patent convering the non-functional "aesthetic" or ornamental aspects of a design. I've done some quick searches at the USPTO, and it doesn't appear that Apple has one of those yet.

    The only thing approaching "trademark" is "trade dress", but that appears to be apply only very broadly to an entire company's look and feel, not of a particular product.

    Or did you mean "trademark" as in "distinctive product look and feel", which is not implicitly protected by US IP law. (Canada, sure. If the design is registered. Or the EU. Or Japan.)

    Sorry, I hate to say it, but knockoffs that don't incorporate or hint at actual registered trademarks or infringe on functional or design patents are almost certainly legal.

    And at least in the U.S., discussion of knockoff-like entities (like software skins for your non-Apple smartphone) should always be permissible, according to that darn ol' Constitution. Any attempt to squelch such discussion feels like improper prior restraint and an unacceptable infringment of personal liberties in order to protect the marketing prerogatives of a corporate.

    --
    Welcome to the Panopticon. Used to be a prison, now it's your home.
  26. Re:It's just a necessary evil in trademark protect by ronanbear · · Score: 2, Insightful

    Actually, icons are part of the applications branding and that part could be trademarked. Parent might have meant copyright anyway.

    Apple are just sending a very public, early message that it's going to protect the iPhone image and is warning other people about it.

    --
    the more they over-think the plumbing the easier it is to stop up the pipe
  27. Wow, looks like an iPhone, and wow Apple suing? by TheNetAvenger · · Score: 1, Troll

    Wow, looks like an iPhone, and wow Apple suing?

    #1. Myself and many others already stated that Windows Pocket PC Phones were just as capable as anything advertised by the iPhone, and have been around for YEARS now. In addition, have full developer support and tools for writing applications for them.

    #2. Apple suing? How novel... Oh wait, that is their motto now, right? Mess with our reality distortion and we will sue you...

    I don't care WHAT *nix runs under OSX, it is still shocking that /. has bent over for Apple left and right, and Apple is far more closed and arrogant than MS ever could have been. Apple is becoming the new Sun/Oracle, instead of actually innovating good products, they use PR spin and attack anyone that sheds light on their lies.

    So go buy your iPhone, and Windows Pocket PC phone users will be saying, welcome to the 21st century, we have been here for a while.

    Also keep supporting OSX and Apple like they are an OSS *nix company, when they have dismantled, stolen, and CLOSED more *nix code than any other company in history. Just look at the closing of Darwin for Intel, even though closing it is on shaky ground regarding the BSD interface to the kernel that they have also closed.

    So, wow, iPhone so revolutionary, it can be mimicked on old Pocket PC Phones...
    LOL

    (BTW you can get more than 8gb on a Pocket PC Phone and better Media support as you are not even locked into Windows Media on the device - you know, third party development helps keeping users from being locked in to the vendor's software...)

    If I wanted a closed OS Phone, I would buy a Razor, they do as much as the iPhone as well, have 3G, can watch TV on them, browse the net or access the office at DSL speeds, all things far beyond the iPhone...

    1. Re:Wow, looks like an iPhone, and wow Apple suing? by Anonymous Coward · · Score: 0

      So, wow, Pocket PC Phones are so revolutionary, they can display bitmaps stolen from the iPhone?
      LOL

    2. Re:Wow, looks like an iPhone, and wow Apple suing? by TheNetAvenger · · Score: 3, Insightful

      So, wow, Pocket PC Phones are so revolutionary, they can display bitmaps stolen from the iPhone?
      LOL


      Actually, they can DO EVERY feature an iPhone advertises as revolutionary with the exception of the multi-touch display that Apple patented.

      They can also run third party applications, run real applets like MS Word, and even run remote tools where you can open your desktop PC. Oh they also have 3G capabilities, can watch TV, Download Videos, have a full Media experience and MP3 capabitlites, display photos and even watch movies.

      They also can be SMALLER and have a LONGER battery life than the iPhone.

      Apple has NO NEW FEATURES in this device, they just are brainwashing people like you to believe it does something that hasn't already been done for YEARS...

      Good luck and stop drinking the Apple kool-aid before they give you a free trip to Jonestown.

    3. Re:Wow, looks like an iPhone, and wow Apple suing? by posterlogo · · Score: 1
      You don't have to do everything first...you just have to do it better. As for your supposed feature list of things other devices do better, I suggest you wait until the iPhone is actually out and throughly tested. Also, try and compare it as a "bang for buck" rather than solely point-by-point. Can you get EVERYTHING the iPhone proposes to offer in the same form factor and equally appealing design? I've owned several PDAs (no smartphones, though), and I can say this will surpass them all. If you happen to live in Japan or S. Korea, then yes, perhaps you have really good options NOW. We don't here in the US.

      Finally, going on about Apple "brainwashing" and "kool-aid" is just trolling. Grow up.

    4. Re:Wow, looks like an iPhone, and wow Apple suing? by Valdrax · · Score: 1

      #1. Myself and many others already stated that Windows Pocket PC Phones were just as capable as anything advertised by the iPhone, and have been around for YEARS now.

      Yes. They are capable of performing any task that an iPhone is capable of doing, except doing it with style and panache. You can view web pages and check maps with built in GPS units, but you can't do it in as user friendly and smooth of a fashion. You can send email and text messages, but the input method is clumsy. You can listen to music and even organize your collection to a limited extent, but not with as much ease and flair as on an iPhone.

      However, what people want the iPhone for is the style. You can get from point A to point B in a Toyota Yaris just fine. You can listen to the radio. You can adjust your seats. However, you don't get the kind of niceties that you get with a Lexus LS 430, and if you don't get why people would prefer a LS 430 to a Yaris or even to a Camry, then you're not the target market for an iPhone.

      It's a luxury toy, pure and simple.

      --
      If it's for-profit but free, you're not the customer -- you're the product (e.g., the Slashdot Beta's "audience").
    5. Re:Wow, looks like an iPhone, and wow Apple suing? by poticlin · · Score: 1
      They also can be SMALLER and have a LONGER battery life than the iPhone.

      Smaller compare to what? a Blackberry?? palm?? altough iPhone looks larger (larger display, which I find interrersting) it is also slimer then any of the current smartphone on the market.

      Longer battery life? I don't know yet... still a longway from Launch day and specs are not all out yet...

      Don't want to be flaimbaiting... But it seems to me that people are pissed at Apple inc. for releasing the iPhone. To me it seems to be a very nice smartphone/iPod. Maybe people dislike the fact that they will not be able to afford one on launch day, baring the cost and the fact that it is limited to 1 provider (at the moment) and bitch about the phone by saying : "it's not new...", "my smartphone already does all this...", "Damn them, I can have one...", etc..

    6. Re:Wow, looks like an iPhone, and wow Apple suing? by Anonymous Coward · · Score: 0

      By your own admission, Apple is just repacking what other markets already have. Then you resort to fanboyism and defend a device you have never seen. Thus you have clearly drunk the said kool-aid, because you have zero experience of what you defend and you know no-one that has one, or used one. Appealing design is in the eye of the beholder, this incarnation of the apple-phone looks like an old brick phone from yesteryear to me. I think you're the one that needs to grow up, don't you?

    7. Re:Wow, looks like an iPhone, and wow Apple suing? by Anonymous Coward · · Score: 0

      iPhone has very impressive point and click voicemail features. Hopefully this will trickle down to other providers soon though.

    8. Re:Wow, looks like an iPhone, and wow Apple suing? by Anonymous Coward · · Score: 0

      You're both bashing a device you've never seen and a person you don't even know. Who needs to grow up, here?

    9. Re:Wow, looks like an iPhone, and wow Apple suing? by Wes+Janson · · Score: 1

      What is in Jonestown? Will I like it there? Are the people friendly?

    10. Re:Wow, looks like an iPhone, and wow Apple suing? by Anonymous Coward · · Score: 0

      What is it with you kids talking out of your ass nowdays...

      You say that there are phones that can do EVERY FEATURE that iPhone can, but you fail to mention that you need EVERY SINGLE ONE of them to achieve the same functionality...

    11. Re:Wow, looks like an iPhone, and wow Apple suing? by Anonymous Coward · · Score: 0

      Yes, you WILL like it there. The people are friendly, except to outsiders.

    12. Re:Wow, looks like an iPhone, and wow Apple suing? by drinkypoo · · Score: 1
      Apple has NO NEW FEATURES in this device

      Multitouch is a new feature that no PocketPC device I'm aware of has.

      If the stripped-down OSX in the phone is based on 10.5, then it has display device independence, which explains how they are able to offer the zoom function so easily. This is not a new feature exactly, NeXTStep had it, but no PDA has a fully device-independent interface.

      Now I rewind a bit since this is the order in which my comment makes the most sense; please pardon me for jumbling the order of the assertions in your comment.

      They can also run third party applications, run real applets like MS Word

      *ahem* POCKET WORD, which doesn't have all the functionality of Word, and which doesn't even handle untranslated documents (Intellisync converts word documents to pocket word documents when you transfer them to your PocketPC device.) The iPhone is capable of all of this, of course. Apple says they won't let you do it because Cingular doesn't want them to. The iPhone will either die, or get third party software support. It will be interesting to see which happens.

      and even run remote tools where you can open your desktop PC.

      You can do that from a web browser these days. There's no Java or Flash support in the iPhone yet (IMO the biggest lack in the device after no third-party software) but it will come.

      They also can be SMALLER and have a LONGER battery life than the iPhone.

      Yes, but those very low-power devices are typically very low-speed. That is not a selling point. Battery life and power are always a tradeoff and Windows Mobile devices are provided all across the range of battery life to processing power ratios. I noticed that a lot of the windows mobile smartphones are 200MHz devices; I have an iPaq with a 400MHz PXA255 (one of the higher-end xscale chips used with windows mobile, though not at the top end or anything) and it's already slower than I like to put up with.

      Good luck and stop drinking the Apple kool-aid before they give you a free trip to Jonestown.

      I'm with you here, though. With the serious artificial restrictions placed on the iPhone it's simply not that exciting and its features which are not shared by PocketPC do not make up for these restrictions. You could have made an adequate argument against the iPhone without making ignorant statements like the ones I rebut above.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    13. Re:Wow, looks like an iPhone, and wow Apple suing? by ultramk · · Score: 1

      That's Great! Please send me the link to the smart phone with visual voicemail, I've been waiting for that feature for years! Also, the easy conference calling would be fantastic. Oh, and which smart phone runs iPhoto and iTunes?

      Thanks in advance!

      M-

      --
      You catch enchiladas by picking them up behind the head and holding them underwater until they don't kick anymore -VeGas
    14. Re:Wow, looks like an iPhone, and wow Apple suing? by ultramk · · Score: 1

      last but not least, it has to be able to seamlessly switch over to WiFi when I'm in range of a hotspot.

      thanks again!

      M-

      --
      You catch enchiladas by picking them up behind the head and holding them underwater until they don't kick anymore -VeGas
    15. Re:Wow, looks like an iPhone, and wow Apple suing? by ghostcorps · · Score: 1

      Personally I'm pissed that I decided I wanted one despite my heavily anti-apple stance, only to later find out how un-revolutionary it really is. Cheated is the word that comes to mind, however; like the ps3 I will wait and see how well it gets hacked open before passing final judgment.

      --
      axis discrepancy indicates hexagons beyond control anomaly
    16. Re:Wow, looks like an iPhone, and wow Apple suing? by JacksBrokenCode · · Score: 1
      You don't have to do everything first...you just have to do it better.

      The benchmark for "better" seems to be all over the place. Compared to most mobile-phones on the market in the US, the iPhone definitely seems to be revolutionary. Compared to most true smart-phones, it doesn't seem to offer anything new other than multitouch.

      Can you get EVERYTHING the iPhone proposes to offer in the same form factor and equally appealing design?

      Personally, and this has no bearing on the over-arching debate, I hate the form-factor of the iPhone.

      If you happen to live in Japan or S. Korea, then yes, perhaps you have really good options NOW. We don't here in the US.

      I don't think the distinction is so much geographic as it is economic. The majority of people who can afford to spend $500-600 on a phone are likely to be business users, not trendy teens. This isn't good for Apple, because the majority of these business users have probably already been exposed to quality offerings from BlackBerry and Treo and don't need the majority of the "new" features that Apple claims iPhone is the first to do. (As a reference, I use a BlackBerry 8707v daily and have used several other BlackBerry & Treo models as well as a Motorola Q.)

      It seems the majority of "new" iPhone features will be "who-cares?" features for most business users: MP3 player, Media galleries, camera, access to Yahoo! IMAP mail - none of these are things that business users crave in a phone. Meanwhile, other "new" features aren't new at all: "fully-usable" browser (what about Opera Mini?), Google Maps (available on most mobile platforms), "real desktop applications" (visit Handango.com, there are tons already). One other disappointing feature on the spec sheet is EDGE instead of 3G - EDGE barely feels faster than GPRS but there is no 3G network in the USA so I understand why they made this decision. Hopefully when they release later versions it will have 3G support for international users.

      Apple definitely gets points for marketing, but based on their feature list I don't see anything truly innovative except for multitouch and visual-voicemail. Multitouch really doesn't sound like much more than marketing mumbo-jumbo to me but I'll reserve final judgment until I have a phone in hand to play with. The most useful feature to me, based on the announcements, is simple but genious - "visual voicemail" so you can pick which messages you want to listen to and save others for later without having to navigate phone trees.

      If Apple can get the price down on this unit so that casual users can afford it, I think it will blow that market away. As it stands now I think Apple has produced an underpowered product for the business market which (to me) seems to be the only market that can afford it.

    17. Re:Wow, looks like an iPhone, and wow Apple suing? by curious.corn · · Score: 1

      Oh yeah, Windows spartphones are so much better they can even run and install ServicePacks and firmware updates to fix bad radio management.
      How cool...

      --
      Mi domando chi à il mandante di tutte le cazzate che faccio - Altan
    18. Re:Wow, looks like an iPhone, and wow Apple suing? by TheNetAvenger · · Score: 1

      However, what people want the iPhone for is the style

      If your idea of style and ease of use only comes from Apple, you are already brainwashed...

      Why do people see Apple as the providers of ease and luxury or innovative in these areas?

      Apple fought to adapt to color in the 80s, stereo speakers in their laptops in the 90s, and even two button mice, when everyone else is using 5 button mice...

      As for style, sure some of their computers are cute, but there were PC manufacturers that were providing stylish comptuers long before Apple started the iMac fad.

      As for ease of use, this is highly subjective. MS spends 10x the money on testing people and finding the easiest ways to piece together simple tasks. Sure there are some things on a Mac that are easier if you are already a Mac user, but if you are not, they are just as esoteric as starting with Windows. 99.9% of Windows is all GUI driven and fully accessible with a keyboard or a Mouse, OSX can't even claim either of these simple usuability tests.

      In OSX if you want advanced features you are opening a terminal shell since the GUI doesn't offer a way to change several of the more technical settings of the OS, and certainly the keyboard/mouse issue still plagues Macs to this day. Even the freaking Delete/Backspace key not being consistent in Apple's own apps drives people insane.

      Apple has awesome marketing, but technically they are behind the gap, and the only style they have is in ripping off users by pretending to be upper class computers and devices, when they are middle of the road to what the rest of the industry offers.

      BTW. I do own Macs, and have since 1985, but they lost their graphical edge around 1991 when things like the IBM 8514 come on to the market and floundered the 90s with an OS that was in the same class as Windows 3.1.

      OSX still has a lot of catching up to do, and until they can get the graphical performance to match a cheap Windows comptuer, they will NOT BE the definition of Style, Luxury, or Ease of Use...

    19. Re:Wow, looks like an iPhone, and wow Apple suing? by TheNetAvenger · · Score: 1

      but there is no 3G network in the USA so I understand why they made this decision

      It was a long time coming, but there is starting to be a substantial 3G offering in the US in most major cities.

      I have had a 3G PCMCIA card for 3 years from Verizon that originally worked in San Diego and Washington DC, and now works most places.

      3G phones with multimedia and TV are pretty common in the US today, it is just not a national coverage service.

    20. Re:Wow, looks like an iPhone, and wow Apple suing? by TheNetAvenger · · Score: 1

      You say that there are phones that can do EVERY FEATURE that iPhone can, but you fail to mention that you need EVERY SINGLE ONE of them to achieve the same functionality...


      A tiny simple Motorola Razor V3m will match the freaking iPhone with the expection of the touch screen. It also is 3G and can watch live TV from most providers, something the iPhone CANNOT DO.

      And this is not even compariing the iPhone to a PocketPC phone that is a true computer that you can develop applications for, in addition to all the multimedia features.

      You also can buy songs from NON Apple providers for these phones and movies from places that are NON Apple stores.

      Lets be real for a minute. What IS good about the iPhone is the multi-touch display interface, beyond that, they are offering NOTHING beyond what everyone and their dog already offers, and many that offer more features.

      Why would I buy an iPhone when I can't even get high speed content, that I CAN get with a $50 Motorola Razor V3m?

    21. Re:Wow, looks like an iPhone, and wow Apple suing? by JacksBrokenCode · · Score: 1

      I knew there were some offerings but wasn't aware it was that advanced. My unit never registers as connected to a 3G network (could be a problem between Cingular & Verizon) and I certainly never get very fast data transfer speeds compared to when I'm overseas. Granted, this is strictly anecdotal and not at all a scientific measurement, just my own experience.

    22. Re:Wow, looks like an iPhone, and wow Apple suing? by Valdrax · · Score: 1

      If your idea of style and ease of use only comes from Apple, you are already brainwashed...

      A straw man and a needless ad hominem attack -- that's not the best way to lead off an argument. Personally, I haven't had much respect for Apple for many years in the ease of use department since Mac OS X came out. I haven't been happy with UI of any sort of personal computer since the mid-90s. However, the iPod and every demo I've seen of the iPhone show that someone at Apple gets it.

      Why do people see Apple as the providers of ease and luxury or innovative in these areas?

      Have you used an iPod recently? They just work, and the interface is both intuitive and quick to navigate compared to products by Creative and others. (Don't know anyone with a Zune yet to compare, though.) Luxury is about comfort. Have you looked at the interface demos for the iPhone on Apple's website? I wasn't really wowed by the idea of a giganto-phone that costs as much as a PS3 and doesn't even do 3G until I saw the use demos. It's incredibly slick, and as a usability obsessed programmer who was let down by Apple years ago and who is irritated by their downturn on intellectual property issues, I don't endorse it lightly.

      Apple fought to adapt to color in the 80s, stereo speakers in their laptops in the 90s, and even two button mice, when everyone else is using 5 button mice...

      I'll go with you on the first two and with the two-button mice, but five buttons have never impressed me as any sort of improvement over two-buttons and a scroll-wheel. If a five-button mouse is your idea of usability, then you've lost some credibility in my mind.

      As for style, sure some of their computers are cute, but there were PC manufacturers that were providing stylish comptuers long before Apple started the iMac fad.

      Can you provide an example of a pre-iMac (or even post-iMac) PC that doesn't look like a cheap toy or that doesn't carry off that tacky ricer feel? (Not that the Bondi Blue generation of iMacs didn't look like cheap toys, IMO.) Pretty much the entirety of mass manufacturer "style" in the PC world has been making the case all black. I am glad to see, though, that the simple white design aesthetic has taken off at Nintendo with the Wii. The Wii looks like what Apple wishes they could get a Mac Mini to look like.

      As for ease of use, this is highly subjective. MS spends 10x the money on testing people and finding the easiest ways to piece together simple tasks. Sure there are some things on a Mac that are easier if you are already a Mac user, but if you are not, they are just as esoteric as starting with Windows. 99.9% of Windows is all GUI driven and fully accessible with a keyboard or a Mouse, OSX can't even claim either of these simple usuability tests.

      I don't care how much money they've spent; their products speak for themselves. Office is still a cruel joke, Explorer 7 is poorly organized and laid-out, personalized menus are as much of a hunt-and-click abomination as the Mac OS X dock, dialogs are inconsistent, etc., etc. All that money hasn't bought them much.

      Seriously, go look at the iPhone demos on Apple's website. Pocket PC and Palm phones are a sad joke in comparison.

      Also, what part of Mac OS X can't be navigated "with a keyboard or a mouse?" I could understand complaints about the general lack of keyboard navigability, but I can't think of anything that can't be driven my a mouse at least. (Don't expect me to defend Mac OS X, though. I drive the entire system through Terminal.app because the new Finder still irritates me to no end.)

      In OSX if you want advanced features you are opening a terminal shell since the GUI doesn't offer a way to change several of the more technical settings of the OS, and certainly the keyboard/mouse issue still plagues Macs to this day. Even the fr

      --
      If it's for-profit but free, you're not the customer -- you're the product (e.g., the Slashdot Beta's "audience").
  28. The REAL reason they are suing by Anonymous Coward · · Score: 1, Insightful

    Those icons were the only "innovative" thing about the iPhone (if they actually manage to call it that.)

    1. Re:The REAL reason they are suing by UnknowingFool · · Score: 0
      Those icons were the only "innovative" thing about the iPhone (if they actually manage to call it that.)

      Yes the only innovative about the iPhone is the icons.
      And the new multi-touch screen technology.
      And the integration of iPod
      And the implementation of a real web browser
      And the integration of both Yahoo and Google services
      And the thin form factor
      You're right though. Apple managing to incorporate so many different things into one device isn't innovative at all.

      --
      Well, there's spam egg sausage and spam, that's not got much spam in it.
    2. Re:The REAL reason they are suing by marsu_k · · Score: 2, Informative
      And the implementation of a real web browser
      I've been using the Series 60 v3 browser for quite a while now, which (ironically enough) is based on Safari. Furthermore, one can get a J2ME (which is available in almost every cell phone nowadays... but not the iPhone) version of Opera for free. Whether the iPhone will be as revolutionary as it is hyped to be remains to be seen, but "implementation of a real web browser" is hardly the first.
    3. Re:The REAL reason they are suing by digitalchinky · · Score: 2, Informative

      On the assumption that you were using sarcasm and trying to say that these features 'really' are innovative, I'd like to say no, the parent is correct, except I'd go a little further and say there is nothing innovative about it at all.

      None of the things you list are new. The target audience for this phone is mostly limited to the US, a place where cutting edge cell phones are usually a year or two behind, and then crippled by service providers.

    4. Re:The REAL reason they are suing by Wdomburg · · Score: 1

      And the integration of iPod

      Samsung released the SPH-M2100 with music plaback in 2000.

      And the implementation of a real web browser

      Opera Mobile was released in 2000.

      And the integration of both Yahoo and Google services

      Mail and maps, once you get past the brand names. Both have been available on smart phones for ages. My current phone set me back $30 - not only does it have mapping, but it has the GPS that makes it useful.

      And the thin form factor

      Same thickness as a Samsung Blackjack. Thicker than a Motorola Q. Truly earth-shatter.

      About the only thing that's arguable "innovative" is the interface. There weren't first on full touch-screen interfaces (LGE, BenQ and Nokia have all demoed similar models and so far as I know they won't be the first to market either). MultiTouch isn't new - they bought that technology - but they are the first to implement it in a phone, so I'd give them that.

      Apple's forte is refinement, not innovation.

    5. Re:The REAL reason they are suing by squiggleslash · · Score: 1

      I'll give you the multitouch screen, but all the rest are a nonsense. The last one is particularly sad, thin phones are rather popular at the moment, and this is a relatively large phone too, actually bigger and only 2/3 as thick as my second generation iPod.

      This is an interesting phone, but the fact that is it's not unusually innovative. Motorola's four-letter series, Nokia's N series, their 9000 series, pretty much everything Blackberry has done, some of Samsung's new stuff, are equally or more innovative.

      I'm beginning to think it'll sell anyway, based on a conversation I had with someone at lunch, but when it does it'll be a classic case of the inferior product beating the competition. And that's a real shame.

      --
      You are not alone. This is not normal. None of this is normal.
  29. 5 years ahead on technology by Junior+J.+Junior+III · · Score: 1

    150 years plus the life of the author (who is? Jobs?) ahead on skins.

    Man, no other companies are ever going to be able to catch up after Apple's done owning the market for over a century with this skin-based monopoly. Boy do I wish I had some of their stock.

    --
    You see? You see? Your stupid minds! Stupid! Stupid!
  30. Re:The Bloggers are 'assiting copyright infringeme by 99BottlesOfBeerInMyF · · Score: 1

    By Apple's reasoning, if I published an article that mentioned that The Pirate Bay has copies of OSX you can dowload, they would sue me. Good thing that no pro-Apple people read Slashdot, otherwise I would have to post anonymously...

    From the article, it seems Apple did not sue any bloggers. They sent takedown notices to bloggers who were directly violating their copyrights and who were contributing to copyright infringement by linking directly to information on how to break Apple's copyrights. Both of these actions are illegal in certain jurisdictions and circumstances. Your comment is not illegal in any way I know. If, however, you linked to such a download, Apple would probably send you a takedown notice (or actually send it to Slashdot). If Slashdot failed to comply with the takedown, then Apple would have grounds to sue and might do so.

    You weaken your argument and credibility by so drastically overstating the case. Contributory copyright infringement laws are very questionable, ethically speaking. Argue against them if you think they should be changed. But posting a comment like yours is sort of like when a complete pothead tries to argue that marijuana should be legalized because smoking it cures cancer according to some zine they read. It just makes reasonable people try to avoid the issue altogether so they are not associated with such irrational weirdoes.

  31. Darned their nonstandard resolution! by Anonymous Coward · · Score: 0

    I thought I was going to corner the market by creating all the possible screen combinations for a 320x240 matrix, and then claiming them as copyrighted by me. Then ol' Jobs trumps me by using a different resolution.

    You haven't won yet, Jobs!

    1. Re:Darned their nonstandard resolution! by Achromatic1978 · · Score: 1

      That would be quite impressive. For 24 bit... (16,777,216*320*240)! If my math is right, which it won't be. Even 16 bit (most phone displays (65,536*320*240)!

  32. Steve Jobs DRM is 100x worse than Gates by Anonymous Coward · · Score: 0

    Bear in mind that Jobs is a computer and O/S dictator. DRM nightmares are on the horizon for Apple end-users.

  33. Re:It's just a necessary evil in trademark protect by terraformer · · Score: 1

    Yeah, exactly. One of the ways Apple may be trying to get it from cisco is because cisco sat on it for 5 years and never used it. Additionally, they failed to file the proper paperwork showing they were using it in some meaningful way.

    --
    Who are you? The new #2 Who is #1? You are #617565. I am not a number, I am a free man! Muhahaha.
  34. So revolutionary Japan laughs at us... again..... by Anonymous Coward · · Score: 2, Insightful

    Apple,

    Japan thinks your phone is cute, or rather, was cute. They can't seem to figure out why you think you've reinvented the wheel though, you know, since they can already buy phones like this for much less that are much better.

    Sorry, but only a true trendwhore would ever carry that overpriced, technologically stunted, not-a-smartphone "smart"phone.

  35. Bad attitude trickles down from the top by Lead+Butthead · · Score: 1

    My experience with most organizations is that bad attitude tend to trickle down from the top. Apple's land shark behavior does not reflect positively on Jobs or most Apple officers.

    --
    ELOI, ELOI, LAMA SABACHTHANI!?
  36. Re:It's just a necessary evil in trademark protect by TigerNut · · Score: 1
    I didn't mean copyright, although incorporating artwork (icons, graphics, backgrounds) into a phone skin when you didn't design or acquire the rights to that artwork, would be a pretty clear case of copyright infringement. To the extent that the bloggers were providing links to the places where the skins were available, they're aiding the copyright infringement process.

    I was thinking trademark infringement because I assumed that Apple would have trademarked certain aspects of the interface design. To the extent that the iPhone fits into the family of iXxx devices marketed by Apple, it might be more appropriate to class it as "trade dress" as opposed to trademark... IANAL. Apparently (according to another poster) they haven't yet filed trademark or design patent applications for the user interface of the iPhone.

    --

    Less is more.

  37. How "cool" is suing? by Valdrax · · Score: 4, Insightful

    Apple's in very real danger of killing the goose that laid the golden egg over its stance on intellectual property. Suing enthusiasts who want nothing more than to have an early little taste of their software is a good way to hurt a brand that depends almost entirely emotion and public perception of "coolness."

    Now, I can understand Apple's worries about dilution of trademark, but attempting to sue blogs is directly attacking the buzz machine. Apple needs to pay a little more attention to what's happened between Sony & Nintendo as a result of poor vs. excellent management of fanboy buzz.

    --
    If it's for-profit but free, you're not the customer -- you're the product (e.g., the Slashdot Beta's "audience").
    1. Re:How "cool" is suing? by drinkypoo · · Score: 3, Insightful
      Apple's in very real danger of killing the goose that laid the golden egg over its stance on intellectual property. Suing enthusiasts who want nothing more than to have an early little taste of their software is a good way to hurt a brand that depends almost entirely emotion and public perception of "coolness."

      Once, I would agree with you, and I think I remember making comments like these myself.

      Since then, I have realized that the Apple iFanboys don't work that way. No matter how abusive Apple is to the community (witness their pogroms against Apple rumor sites) people keep buying their slick but overpriced equipment. I will probably be among them to buy an iPod simply because no other music player has a dock connector that lets me interface to a car stereo... but I digress. (And I guess I could buy a music keg... Maybe I'll do that instead.)

      I have come to the conclusion that suing everyone and their mother is actually a good thing for Apple. The rumor sites haven't given up and gone away, so they still get that kind of free marketing. The lawsuits themselves are marketing for Apple; "So many people want to be us that we have to file a new lawsuit every week." And making it harder to get the look and feel without buying Apple means that so long as they are considered stylish, people will simply keep buying the Apple goods.

      The only cure for Apple is to come out with sexier products than they do. Unfortunately most people blow it at this stage (aka 2. ???)

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    2. Re:How "cool" is suing? by catwh0re · · Score: 4, Insightful
      I'd have to add that some of their actions have been apt, they haven't sued any regular blogger/reporter who reported on them.. they've actually just sent a rather gently worded legal notice to the ones who are showing an image of the skin AND providing a direct download link. The legal notice (available in many of the articles about this.) is probably the most casually written and easy to understand legal notice a person could receive.. It doesn't say "DIE! REMOVE SKIN AND LINK OR DMCA PATENTS COPYRIGHT!"

      Placing a lawsuit agains those people who made the skin is two pronged approach, it gets rid of the current skin and discourages further iPhone skin development.

      The skin authors are getting what is coming to them, and I have little sympathy for them because their condition was not only highly avoidable, but incredible stupid thing to do in the first place, they did it for cred with perfect knowledge they were breaking a usage agreement. Why do I say this? because to make the skin they needed to download the high res PR images from apple.com/pr/products. To download these images you have to agree to a very short usage agreement.. (the usage agreement is 3 paragraphs long and fits in your screen.. we're not talking about some hard to read microsoft windows/office eula that goes for 50 pages and excuses your right to live, breathe and reproduce.)

      The portion of the usage agreement which making a 'skin' breaks is in the first paragraph (in fact in one way or another making a skin breaks most of the agreement) "This right to use is personal to you and is not transferable by you to another party. The Image cannot be used to promote or sell any product or technology (such as on advertising, brochures, book-covers, stock photos, t-shirts, or other promotional merchandise). You may not alter, or modify the Image, in whole or in part, for any reason." Then a little further down "You, not Apple, are responsible for your use of the Image. Any misuse of the Image or breach of this Agreement will cause Apple irreparable harm. "

      So yeah from the get-get they're pretty serious about how people download and use the images. While I seriously doubt Apple will follow through with the lawsuits to their end, they'll definitely hold onto them long enough to give it adequet press as a warning to others that are looking to do a little self promotion via apple's artwork.

    3. Re:How "cool" is suing? by dangitman · · Score: 1

      Suing enthusiasts who want nothing more than to have an early little taste of their software is a good way to hurt a brand that depends almost entirely emotion and public perception of "coolness."

      Nobody buys Apple products just because they believe Apple are some sort of corporate saint that would never sue anybody. And nobody cares about bloggers. So, there's no possible damage from these actions. Do you really think people would stop buying Apple products over this storm in a teacup? Where are they going to get their computers and MP3 players from then - some other big corporation, who also sues people? Last time I checked, the friendly old guy in the corner store doesn't carve processors from wood - the only way to obtain a processor is from a large corporation.

      --
      ... and then they built the supercollider.
    4. Re:How "cool" is suing? by glesga_kiss · · Score: 1
      they did it for cred with perfect knowledge they were breaking a usage agreement. Why do I say this? because to make the skin they needed to download the high res PR images from apple.com/pr/products. To download these images you have to agree to a very short usage agreement.. (the usage agreement is 3 paragraphs long and fits in your screen.. we're not talking about some hard to read microsoft windows/office eula that goes for 50 pages and excuses your right to live, breathe and reproduce.)

      Not entirely correct. In the threads it discusses how most of the folk got the images of google image search. Most had not seen or agreed to that usage document so it's completely irrelevant to the people at xda-developers. Apple's issue is with those who put it on their site and with Google for linking to it. Yes, Apple seem to be having a issue with links as posts with alternate download links are being censored.

    5. Re:How "cool" is suing? by catwh0re · · Score: 1
      We all know how well defence by ignorance works in US courts.

      It's not so much who they received the file from as the usage agreement is merely a purification of existing US copyright law. You'd have to be in a pretty deep bunker for the last week to not know what the iPhone looks like.

      Another interesting side is that it's Apple's responsibility to consumers to ensure that this skin isn't released before the iPhone is. I can already imagine some rather unscrupulous persons selling "iPhones" over ebay complete with a similar looking user interface.

  38. Re:The Bloggers are 'assiting copyright infringeme by nine-times · · Score: 1

    From what I'm reading, it seems more like if you provided a link to the Pirate Bay page for OSX or to the tracker itself, you would get a letter from an Apple lawyer asking you to stop.

    ... and that would be just about what I would expect to happen.

  39. Re:It's just a necessary evil in trademark protect by CharliePete · · Score: 1

    By that reasoning since Cisco has the name iPhone trademarked http://gigaom.com/2007/01/10/battle-for-iphone-bra nd-cisco-sues-apple/ they should rip the name out from under Apple right?

    --
    "Never limit what you know to what you do", Me
  40. I-hipocrits by Anonymous Coward · · Score: 1, Insightful

    Funny that Apple raises hell about someone creating a skin that resembles their own interface yet they blatenly use the name iphone that they have no legal right to use.

  41. Re:It's just a necessary evil in trademark protect by aristotle-dude · · Score: 2, Insightful

    Fine, it is not trademark infringement. It is copyright infringement. They are taking the icons and graphics and creating a derived work without permission of the original copyright owner.

    --
    Jesus was a compassionate social conservative who called individuals to sin no more.
  42. I am still waiting ... by Thrip · · Score: 1

    ... for the makers of Arkanoid to sue Apple for ripping off their icon theme and calling it "Aqua."

    --
    I'm awake! The answer is BONK!
  43. Note to Apple Lawyers: by Chas · · Score: 2, Insightful

    You've already lost a major lawsuit over a competing product imitating "look and feel". Simply because you've decided to go after those with more shallow pockets this time doesn't mean you're any less wrong this time.

    Politely fuck the hell off.

    - Sleazy P. Martini
    - GWAR and Assc.

    --


    Chas - The one, the only.
    THANK GOD!!!
    1. Re:Note to Apple Lawyers: by drinkypoo · · Score: 1

      Note to Chas: This is about copyright infringement, in which some users actually used Apple's icons, garnered from a screen shot. Next time RTFA.

      P.S. Sleazy told me to tell you that someone is coming around with a brickbat, and not to use his name again unless you want to be shot in a cannon to Uranus.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    2. Re:Note to Apple Lawyers: by WiiVault · · Score: 1

      I'm not sure if you are refering to the Luxpro Super Suffle/Tangent. But if so then you are just a mindless Apple-hater. I mean they are identical!

  44. Re:It's just a necessary evil in trademark protect by mspohr · · Score: 2, Informative
    Speaking of trademarks...

    I believe that Cisco owns the trademark for "iPhone". I find it hypocritical that Apple appropriated this trademark for their own product without compensation and then turns around and sues their own fanbois for copying their cute icons.

    --
    I don't read your sig. Why are you reading mine?
  45. Re:The Bloggers are 'assiting copyright infringeme by Anonymous Coward · · Score: 0
  46. I guess I lost the memo by Anonymous Coward · · Score: 0

    Too much iphone news latelly but none seem to say WHAT TEH FECK is an iphone and why should I give a shit?GIVE A SHIT?

  47. iPhony .09m zip file by Anonymous Coward · · Score: 0
  48. Fuck Apple by Godji · · Score: 0, Flamebait

    Fuck Apple. Suing iPhone skin makers is simply stupid, because Apple is popupar enough so that any teenage kid with too much money to spend on nonsense will want to buy the real thing, the original, and will know the difference from a skin.

    But suing bloggers for reporting, now that's just wrong, and way above my corporate tolerance limit. Fuck you, Apple, once again!

    1. Re:Fuck Apple by egr · · Score: 1

      Hey, I hated Apple before it was cool!

  49. Re:Cisco is silly, Apple said... by walter_f · · Score: 1

    If Apple were to have a case (albeit a vague one, but I might be wrong) against Cisco/Linksys, they'd owe it to Apple fans like these bloggers. It is these people who have been using the term "iPhone" with regard to a (hypothetical) Apple product for months, over and over, all around the world, not Apple itself... ;-)

    This may be a not-too-serious assessment of the legal situation between Cisco/Linksys and Apple, though.

  50. Re:It's just a necessary evil in trademark protect by Alchemar · · Score: 1

    And for that reason, they should go after the people selling & manufacturing items that illegally use their trademark. However, when they go after people talking about their trademark, even in a context they don't like, they have crossed the line. There is a reason that freedom of the press is in the constitution. Some people want to argue semantics about the press, but people reporting other people doing something wrong is what it is about. Most of those blogs, probably helped Apple find the exact source of the infringing products. Even if the people were for the products, it did not render the truth in what they told unusefull.

  51. Smoke What?? by mkiwi · · Score: 3, Funny
    Totally, teenagers all smoke and they seem pretty on the ball

    That, sir, depends directly on what they are smoking.

    1. Re:Smoke What?? by Dever · · Score: 1
      yeah, you insensitive clod...

      I'm on the dope!

      --
      - I'd prefer not to.
  52. ... apple's legal dept. by La+Fourmi+Nihiliste · · Score: 1

    Is it just me or is the Legal Dept. the biggest branch of apple? I'm a Mac user, i own an iPod too, but this is getting ridiculous... i say let the skin be used on a shitty phone: when people get to use the real thing, they will see that UI isnt only pretty Aqua buttons...

    Jobs changed the name to Apple Inc. but i'm starting to think it should be Apple Legal inc.

    ant

  53. Comment removed by account_deleted · · Score: 1

    Comment removed based on user account deletion

  54. parent is not a troll by Gary+W.+Longsine · · Score: 1

    good grief, mods, show some respect for a difference of opinion.

    --
    If you mod me down, I shall become more powerful than you could possibly imagine.
  55. from what I see by jon_joy_1999 · · Score: 1

    someone ripped Apple's interface for their iPhone and has now published the interface for other, non-iPhone Smartphones. my questions is this:
    what would Apple do if someone ripped off their MacOSX interface and ported it to Microsoft Windows, or Linux. or, what would Microsoft do if Joe Shmoe ripped off Windows XP's Luna interface and ported it to MacOSX, or Linux? (I don't know if MaxOSX is capable of being `skinned' or not.) would they do the same thing? or would they just ignore it, or encourage it?

    --
    there are 10 types of people in this world; those who get this joke, and those who don't
    1. Re:from what I see by drinkypoo · · Score: 1
      what would Apple do if someone ripped off their MacOSX interface and ported it to Microsoft Windows, or Linux. or, what would Microsoft do if Joe Shmoe ripped off Windows XP's Luna interface and ported it to MacOSX, or Linux?

      You can get an absolute shitload of skins for X window managers and for Windows (themeux.dll patch or a third-party program required to use them) that make them look like OSX. AFAIK Apple has never done anything about THAT. I'm not sure why not, though. Actually there even used to be a window manager called something like MacWM that only provided an interface that looked like System 7 or 8 or something like that. No desktop though.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    2. Re:from what I see by zsau · · Score: 1

      Hmm... I thought they had: There was certainly a bruhaha about it when really bad Aqua themes came out. Although perhaps that was only concern about calling them "Aqua".

      (Back when I ran Windows on my computer, I used to run a window manager thing replacement that made Windows' window management essentially the same as some pre-OSX version of the Mac OS. ISTR it even moved the menubar up to the top of the screen for most programs. I don't think Apple ever had any problems with that program, but inter-Jobs they were a different company. I always thought the pre-OSX user interface was very nice both in look and in feel—when I finally bought an iMac G5 I was disappointed at how different it had become and how much it had lost. No doubt I'm the only... Now it runs GNU/Linux;)

      --
      Look out!
    3. Re:from what I see by mjwx · · Score: 0

      More or less Apple would have no choice but to ignore it. Anonymity of the Internet aside who would they sue? Microsoft, as many lawyers as Apple has M$ still has them outnumbered 5 to 1 and the depth of M$ pockets are near limitless even compared to Apple's.

      Linux? they can only sue independent developers as individuals, they could take down dozens but that's just a drop in the ocean compared to the thousands of devs working with/on Linux.

      This aside, the ensuing faeces storm from either scenario would damage Apples reputation beyond repair, with Apple being a pure marketing company is tantamount to suicide.

      --
      Calling someone a "hater" only means you can not rationally rebut their argument.
  56. OSX has been copied for years by Itsallmyfault · · Score: 1

    Karamba/Superkaramba has been around for years, with widely distributed widgets that transform a Linux desktop into something that very closely resembles OSX. Did I miss something? Apple doesn't want to anger the Linux community?

    1. Re:OSX has been copied for years by nick.ian.k · · Score: 1

      It's probably got more to do with the fact that Konfabulator (released February 10th 2003) preceded both Dashboard and SuperKaramba, and that each one was an effort to reproduce Konfabulator's functionality. IANAL, but I would guess this would mean Apple couldn't get away with claiming prior art or any similar such thing.

      And yes, there's always the infamous Desk Accessories argument, but Apple hasn't exactly jumped on it themselves, which would indicate that it's either a) not a tenable legal argument or b) they're not interested.

    2. Re:OSX has been copied for years by Ilgaz · · Score: 1

      I was on Slackware Linux that time and of course "theme" was my big deal just like now with Shapeshifter.

      I slightly remember seeing lots of flame posts over Apple bugging theme developers to stop using Aqua widgets.

      Funny is, I pay to get rid of original Aqua on OS X now. Of course, thanks to underlying desktop technology making it possible/beatiful with Quartz.

  57. It's multi-touch; the image isn't what makes it go by Animats · · Score: 1

    So what? Apple's device, whatever they're calling it this week, is a multi-touch surface. You can copy the image, but it can't be manipulated like Apple's interface on single-touch devices.

    Multi-touch is going to be a big deal. Being able to grab two things and manipulate them at the same time is a huge win. It's the next step beyond the object-verb and verb-object GUI approaches.

  58. MOD PARENT UP by JacksBrokenCode · · Score: 1

    Wow, modded troll simply for daring to think that not everybody reads slashdot and that perhaps, though vilified, Microsoft and others are still successful companies?

  59. Imitation -- Flattery by justinchudgar · · Score: 1

    I remember those kits that made Fieros look like Ferraris back in the 80s. I do not think that Ferrari's reputation suffered a bit; though, I do not think much of the schmucks that bought the kits. As long as no one is selling the "skinned" phones as if they were legit iPhones, I'm not sure where the harm to Apple exists.

    --
    WARNING: Smoking this sig may cause lowered IQ, insanity or short term memory loss. It is also really bad for your monit
  60. Re:It's just a necessary evil in trademark protect by ronanbear · · Score: 1

    Patent applications are not made public immediately. Apple could have made patent applications some time ago. Patents would be irrelevant in any case for this complaint.

    --
    the more they over-think the plumbing the easier it is to stop up the pipe
  61. Re:Bad decission for buisiness by sanso999 · · Score: 1

    Isn't this what we used to call free advertising? If person #1 has the fake and person #2 has the iPhone, doesn't that make person #1 want The Real Thing?

  62. Re:It's just a necessary evil in trademark protect by cloudmaster · · Score: 1

    That's kind of ironic, considering Apple brazenly stole the trademarked name of their product from Linksys/Cisco...

  63. iPhone by Anonymous Coward · · Score: 0

    mSheep.

  64. iPhone is just a rectangle skin of OpenMoko? by Anonymous Coward · · Score: 0

    Take a look at the following:

    http://upload.wikimedia.org/wikipedia/en/7/7a/1112 FIC326x550.jpg
    http://images.apple.com/home/2007/images/iphoneloc kscreen20070109.jpg

    Did Apple really create something that has such a unique look??

  65. Apple == Evil by Nom+du+Keyboard · · Score: 1

    Apple is evil. No doubt about it. They can't compete with what is still vaporware, so they sue. Frigtards!!

    --
    "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
  66. Re:It's just a necessary evil in trademark protect by TheoMurpse · · Score: 1

    Actually, it'd probably be classified as a design patent. Even computer icons can be protected by design patents.

  67. Re:It's just a necessary evil in trademark protect by fishboy · · Score: 2, Insightful

    I don't think that anyone knows who owns the trademark and legal rights to the name iPhone until a judge decides, the matter is before the courts. There is certainly a case to be made that Cisco dropped the ball and lost their usage rights. Apple has a cracck legal and marketing team, don't everyone be too eager for them to fall flat on their face, I fully expect Apple to win the rights to the iPhone name, they've already created the brand.

  68. what did people expect? by pbjones · · Score: 1

    You have to defend a trademark to keep it, if you don't defend a trademark then you loose it. Apple is defending it's property, the stuff that it generates it's income from. Sueing bloggers for linking to the sites? is taking action against people who are helping to promote the material, so as bad as the situation may seem, Apple is within their rights to do what they did.

    --
    There was an unknown error in the submission.
  69. Re:It's just a necessary evil in trademark protect by mspohr · · Score: 3, Interesting
    Well, the USPTO clearly has Cisco on record as owning the iPhone trademark (Trademark registration number 2293011 uspto.gov) so I don't think there is any confusion about who owns the trademark.

    Apple (and all of the fanbois) hope that they can invalidate Cisco's trademark or pay them or bully them into relinquishing it. This could be a long SCO type litigation.

    I won't speculate on the outcome of this battle but I do find it very ironic that Apple on the one hand is trespassing on someone else's trademark and at the same time getting their shorts all in a knot about people "stealing" their icons. To me, it's just mud wrestling... fun to watch.

    --
    I don't read your sig. Why are you reading mine?
  70. Re:The Bloggers are 'assiting copyright infringeme by Simon+Garlick · · Score: 1

    contributing to copyright infringement by linking directly to information on how to break Apple's copyrights

    This is Kings Cross, Sydney, Australia. It is possible to buy drugs down just about any side street on just about any night of the week.

    There -- I've linked directly to information on how to buy drugs. When do I go to jail?

  71. Overreactions by paladinwannabe2 · · Score: 1

    First, I'm obviously going for funny.
    Secondly, I feel I should be able to discuss illegal actions without fear of reprisal. If someone is doing something illegal, I would like to be able to point out what they are doing (and where and how they do it) without being an accessory to the crime.
    Thirdly, How am I overreacting? Posting pictures of someone else's product for the purposes of discussing said product should be fair use. Next you'll be telling me that the logo they have on Apple Stories is a copyright violation.

    --
    You are reading a copy of my copyrighted post.
    1. Re:Overreactions by 99BottlesOfBeerInMyF · · Score: 2, Insightful

      Secondly, I feel I should be able to discuss illegal actions without fear of reprisal.

      So if, for example, the police had a court ordered wire tap on your house and you told your cousin Vinnie "the knife" Viviano to go stab that cop right in the face so he stops sticking his nose in the family business, you think the police should not be able to take any action until Vinnie actually did stab someone?

      If someone is doing something illegal, I would like to be able to point out what they are doing (and where and how they do it) without being an accessory to the crime.

      Ahh, but what if you provide them with specific instruction as to how they can go about committing that crime. "That cop always goes to the store at 8pm on thursdays and he has a key under the fake rock to the right of his house. If you go over there at 8:15, use the key, and wait in the closet next to the door, you an easily stab him to death without any risk." Now assuming someone goes and commits this crime, should you not be held guilty of aiding an abetting that crime?

      Thirdly, How am I overreacting? Posting pictures of someone else's product for the purposes of discussing said product should be fair use.

      But it wasn't for the purpose of discussing said product, or it might be fair use. It was for the purpose of informing others about how to break the law easily. As for how you're overreacting you're proposing a situation where Apple would not have any grounds to sue you and making comments about how you suppose they would. If you post an article discussing pirate bay and the availability of infringing os x copies, Apple would do nothing. Apple hasn't sued anyone. Say someone gets arrested for possession of marijuana. Then their knee-jerk friend goes out and says that they'd probably shoot him right in the face if he even smelled like marijuana. It is exaggerating the situation in both scope and severity and does nothing to make credible people address the actual issue. If you think sending a takedown notice for contributory copyright infringement or marijuana possession should laws should be changed, say that. Don't go postulating about hypothetical situations where a lesser action would "probably" result in you being punished even more severely.

      Next you'll be telling me that the logo they have on Apple Stories is a copyright violation.

      Copying Apple's logo from their stores is not copyright violation, it is trademark violation. That is to say, copying it without permission and putting it elsewhere can lead people to be confused as to whether or not some product was made by Apple or someone else, so doing that is restricted by law.

  72. Re:The Bloggers are 'assiting copyright infringeme by 99BottlesOfBeerInMyF · · Score: 1

    There -- I've linked directly to information on how to buy drugs. When do I go to jail?

    Well, since the location of the drug purchase is not in the US and since you did not provide specific instructions, just general ones, you don't. If, however, you are in the US and tell someone on the phone that if they go talk to Jimmy on the corner of 4th and Wilson, and he's holding crack, you can be arrested for it. That is about the same level of contribution to the crime as linking to a download.

    Please note, I'm not saying these laws are ethical or reasonable. Contributing to copyright infringement is a lot like aiding and abetting spitting on the sidewalk. It simply is not serious enough of a crime, in my opinion, to warrant being illegal or any effort on the part of police. It is, however, a crime and if you don't like that you need to get the law overturned, not complain when it is enforced against specific people.

  73. Short on Apple by Bryansix · · Score: 1

    I'm going short on Apple's stock right now. It is hugely overbought. They have a lot of hype and no product. Cisco will win the Trademark suit against Apple and the iPhone will be a Cisco product name. Steve Jobs will be either in Jail or kicked out of the company within a year over his stock option fiasco. Things are looking grim for Apple's future and I could not be happier. Stupid ass pompous Apple.

  74. Parody by drinkmorejava · · Score: 1

    I wonder how legitimate it would be to say, change the skin color and call it a parody.

  75. Useless action by acid_zebra · · Score: 1

    That stuff is out there: http://btjunkie.org/torrent?do=stat&id=37844420367 eed57ec7300ee938ded2e9e9c599910a7
    Bringing in the lawyers will only push the skin's popularity up for a few days/weeks and will cost apple a chunk of good will.

    Note: linking is not a crime. Neither is fair use (exercised by bloggers/journalists posting about the iphone and using a screenshot).

    --
    -- No Sig is a Good Sig
  76. Download it... by dark-br · · Score: 1

    ... with this very neat torrent

    Enjoy :)

  77. abuse me, punks by drinkypoo · · Score: 0, Troll

    do you know what this is?
    It's abuse of moderation, bitches

    (With apologies to Kanye West)

    I hope the iFanboy who moderated me down realizes that the reason we call pretty much all Apple fans fanboys is that there are so many highly visible members of the community who act like 'em.

    When Apple zealots stop moderating people down for things with which they disagree because they drank the Apple Kool-Aid, people will stop calling them iFanboys.

    --
    "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
  78. "Regarding trademark..." by tlambert · · Score: 1

    You say ``Regarding "trademark": "You keep using that word. I do not think it means what you think it means."''

    According to the USPTO: "A trademark is a word, phrase, symbol or design, or a combination of words, phrases, symbols or designs, that identifies and distinguishes the source of the goods of one party from those of others."

    See also http://www.uspto.gov/web/offices/tac/doc/basic/tra de_defin.htm

    So there are many aspects of the iPhone that could be Trademarked, as well as the artwork itself being Copyright, vs. Design Patent, and you could make a case for Process Patent on menu/item navigation, if you wanted to get sticky about it.

    -- Terry

  79. RTFA nobody is being sued by johnpaul191 · · Score: 1
    Apple unleashed its legal team, who sent removal letters to at least one of the websites hosting the files.

    lawsuit vs cease and desist letter. there is a big difference.
  80. That word doesn't mean what you think it does by dangitman · · Score: 1

    'Ironically, Apple's attempts to have the files removed from the web have only given the skins greater publicity,

    This statement would only make sense if "ironically" actually meant "predictably," which it doesn't.

    --
    ... and then they built the supercollider.
  81. Re:It's just a necessary evil in trademark protect by DaggertipX · · Score: 1

    Trademarks aren't as easy as having your name ona piece of paper somewhere. A) They only apply to a specific area of products. The iPhone that Apple is marketting is significantly different than the iPhone Cisco owns the trademark to. B) They also expire rather easily. It could be argued that Cisco's lack of current products under that mark makes it invalid. This is what I expect Apple will try to argue.
    Personally, I wish they had handled it amicably before Macworld. This does not make them hypocritical for protecting their investments, however. Two very very different cases.

  82. Apple v Microsoft by WarwickRyan · · Score: 4, Funny

    Blog Microsoft, get a free Ferrari ahref=http://slashdot.org/article.pl?sid=06/12/27/ 1423234rel=url2html-19021http://slashdot.org/artic le.pl?sid=06/12/27/1423234>

    Blog Apple, get a free lawsuit.

  83. Well... by Anonymous Coward · · Score: 0

    Couldn't apple just charge everybody $4.99 and blame Sarbannes-Oxley...

    Oh...damn.... wrong story... never mind

  84. That's why by tkrotchko · · Score: 1

    "Apple are just sending a very public, early message that it's going to protect the iPhone image and is warning other people about it."

    That's why Cisco is suing apple over the word iPhone (since they own it). The people at Cisco know how much Apple values trademarks so they want to see just how much Apple values a trademark.

    Plus, they're probably suing Apple first knowing that Apple will shortly sue them anyway. Maybe they'll lay claim to the whole iProductName thing.

    --
    You were mistaken. Which is odd, since memory shouldn't be a problem for you
  85. iCopy by Anonymous Coward · · Score: 0

    Yeah, someone copied the icons from iPhone^WiWhatever (tm), didn't apple copy the clownfish theme from Pocket PC? http://www.pocketpcthemes.com/preview.asp?ID=56642 (this theme was submitted sometime in early 2006). -iSuck (sm)

  86. Re:It's just a necessary evil in trademark protect by mspohr · · Score: 3, Interesting
    Word Mark: IPHONE

    Goods and Services IC 009. US 021 023 026 036 038. G & S: computer hardware and software for providing integrated telephone communication with computerized global information networks. FIRST USE: 19970606. FIRST USE IN COMMERCE: 19970606

    Sounds like the Apple phone to me... except that Cisco owns the trademark.

    There is a lot of wishful thinking among Apple and its fanbois that nobody could possibly have invented this phone before Apple and God gave it to us.

    It's hypocritical to ignore legal niceties when they offer an inconvenient truth and then come down hard (some would argue excessively hard) when it suits your market control purposes.

    --
    I don't read your sig. Why are you reading mine?
  87. This Just In by tjasond · · Score: 1

    "Or did you mean "trademark" as in "distinctive product look and feel", which is not implicitly protected by US IP law. (Canada, sure. If the design is registered. Or the EU. Or Japan.)" This Just In: Apple, Inc. moves to Canada. More at 11 (if we don't get sued).

  88. Re:It's just a necessary evil in trademark protect by springbox · · Score: 1

    They couldn't sue Microsoft for copying the Macintosh's look and feel in Windows so I doubt this will go very far.

  89. Typical Apple by io333 · · Score: 1

    Ever since I saw how badly Apple screwed us Mac owners over back in '94-'96 regarding Rhapsody, I've been trying to explain to folks how Apple's corporate culture was far FAR MORE EVIL than Microsoft Corporation could ever hope to me. I tend to use Linux (OpenSUSE these days for compability reasons) as much as I can, and then XP on my Desktop and Laptop to get work done. I just will not touch an Apple product again ever, and not because I think the hardware and software is better or worse, but because I just don't feel like putting any more money into the hand that bit me.

    Apple is all sheik and sexy to the Hollywood types because

    1. "Artists" use macs.
    2. Apple is an openly gay-friendly company. (I don't think this is a bad thing, it is merely another reason Hollywood/Mass media folks love them)
    3. The great unwashed masses, that Hollywood types secretly loathe, use Windows.
    4. They are located in N. Cali and N.Cali is Mecca to hollywood.

    Don't underestimate the subtle but powerful influence the love of Apple by the mass media has over us all. It's a great part of the reason that people think Microsoft==Bad and Apple==good.

    Microsoft just wants to make money. As much money as they can. They don't care how they do it, or who they screw over, as long as it makes them richer. I don't worry about a philosophy like that, because I can see it coming and I know where it is going. Apple has many other deep and twisted agendas, and we don't know what they all are. I'm glad as hell that Microsoft has the monopoly rather than Apple. I hail from *before* the AppleII days, and remember when Apple more or less had that monopoly in certain markets, especially schools. They were completely evil then too, although I didn't realize it at the time.

    1. Re:Typical Apple by Creepy+Crawler · · Score: 1

      And for the longest time, I owned a Laser machine.

      Yes, the AppleII clones. It ended up getting fried in a power mains accident.

      --
    2. Re:Typical Apple by mjwx · · Score: 0
      Apple is all sheik and sexy


      I think you mean "chic and sexy", a Sheik is a middle eastern ruler similar to a King.

      This being said, I recently "fixed" a Mac for a friend, Apparently her friend convinced her to by one in the big "switch" to Intel. What she didn't know was a Mac would not run any windows software, I ended up turning it into a very expensive windows box.
      --
      Calling someone a "hater" only means you can not rationally rebut their argument.
  90. Clever maketing by Anonymous Coward · · Score: 0

    The article claims that it's ironic for Apple to sue an obscure vendor for distributing a skin that violates their copyright, as it's only going to make the offending product more well known and ultimately more popular. But I submit that this is entirely their intention. Nothing grabs peoples' attention like a lawsuit, and Apple must realize that this skin isn't actually going to detract from the potential sales of their upcoming iPhone. Instead, I think Apple are trying to make the skin more popular by getting it in the news. Having people put the skin on their Pocket PC and Palm devices is only going to make them want to buy an iPhone more than they originally may have, since they'll be used to the layout and design.

    Good move.

  91. Re:It's just a necessary evil in trademark protect by Macka · · Score: 1, Flamebait


    Oh fuck off ! Until about a week ago that particular look and feel didn't exist anywhere on any smart from in the entire history of smart phones!

    Apple come up with something new, of which the look and feel is an essential part, and someone takes less than a week to rip it off and transplant it onto a PocketPC. Apple have every right to be pissed off about this. Hell if you were in their shoes YOU would be pissed off about this.

    The only person who's being an ass right now is you .. idiot !

  92. That's simple! by the+cobaltsixty · · Score: 1

    Rename the theme! Make it look themed from a slot machine instead (which Apple kindly makes us forget to remind it looks like when the iPhone launched)

    Something with that "Reality Distortion Field", methinks.

  93. Re:It's multi-touch; the image isn't what makes it by mattcoz · · Score: 1

    Exactly, I'm really excited about multi-touch interfaces. The interface of the iPhone isn't even that great looking. It's simple and gets the job done, but it's how you work with the interface that sets the iPhone apart.

  94. Someone sue Apple for Misrepresentation, then... by Khyber · · Score: 1

    Because you knwo that sheet of paper (Customer Satisfaction Letter) That gets shipped to you when you get your laptop repaired, that states "All work is done by apple-Certified Technicians?"

    Guess what? They're lying to you. As of right now, several employees leaving Flextronics and acquiring a job where I currently work say that there's maybe four actual certified techs, out of 200+ techs. That situation was about the same when I worked for Flextronics.

    Can there be a way to sue Apple for misrepresenting the quality of it's service? Any lawyers here know?

    --
    Still waiting on Serviscope_minor to wake up to fucking reality and realize that Jessica Price isn't going to fuck him.
  95. Totally confused... by Anonymous Coward · · Score: 0

    Why are the Beatles defending SYSCO products?

    Oh, and I need 12 cases of sliced pears to go with that iPhone...

  96. i hate apple now by SUROK · · Score: 1

    every day apple is in the news. fsck apple. im going to play oblivion

  97. It contains trademarked elements. by SeaFox · · Score: 1
    The interface skin is not a trademark.

    Yes it is, Apple took Microsoft to court over copying its "look and feel". They lost, but not becuae their grounds for had no merit, but because an idiot CEO (Scully) had signed an agreement with Microsoft saying MS could copy it.

    Also, have you looked at the iPhone skin on TFA?
    The "internet" icon is a cropped version of the Safari icon (trademarked art). And there is an icon labeled "iPod" (major Apple trademark). They have no choice but to sue to protect their trademarks.

    1. Re: It contains trademarked elements. by glesga_kiss · · Score: 1
      Yes it is, Apple took Microsoft to court over copying its "look and feel".

      The look and feel they got from someone else themselves? Apple did not invent WIMP.

      It contains trademarked elements.

      The blogs that Apple's lawyers are silencing contain no such things. They just mention it and link to another site.

    2. Re:It contains trademarked elements. by mobby_6kl · · Score: 1

      Apple claimed they held the copyright on the interface, not the trademark, as the original poster claimed.

  98. Only Sins.... oops Skins!!!!! by onlinepass · · Score: 1

    Some one from Singapore got an Eye-Fhone look alike.. or is it the same mobile for around 200 dollars... whats the matter???

  99. The Lawyers For The Win by yakkowakkodot · · Score: 2, Funny

    Okay, pardon me if I get details wrong..
    A company that started out with a computer based on a hack of a calculator chip,
    using a name that the Beatles used for their music company, Apple Records,
    got sued over that, settled with one of the terms that they'd never make musical instruments..
    (the sosume beep sound is allegedly named in reference to this)

    Fast forward..
    A phone out with a name used for a phone by a company that was bought by Cisco, who ignored it up until oh, December 2006,
    being sued over that, (results not yet determined), and now they're suing folks for a utility and a cluster of 32x32 icons?

    Irony Mobius:
    And at the same time, they drop 'Computer' from their name, leaving themselves open for The Beatles reps to sue again.

    Oh! The Fees I Sees!

    --
    Infinity is overrated, Infinity+1, now that's cool!
  100. Re:It's just a necessary evil in trademark protect by will_die · · Score: 1

    Not just Cisco according to an article on either foxnew.com or NPR there are 12 products currently around with the name iPhone, including apples.
    Under US law you can have multiple product with the same trademark just not in the same field ie Apple Records and apple computers. The big question is how similar are cell phones and VoIP phones.

  101. The skins aren't trademark by Anonymous Coward · · Score: 0

    So they aren't affected. The trademark iPhone belongs to Cisco, though that may have lapsed due to unuse, but that isn't a skin.

    Apple tried to protect "look and feel" before. looks like they're still trying.

  102. Maybe they should actually make a good product... by n00854180t · · Score: 1

    Instead of just trying to "make it look neat". iPhone is utterly pointless if you can't run any 3rd party apps on it, IMO.