Apple Backs Off DMCA Threats Against Wiki
netbuzz writes "A wiki operator who was pressured by Apple's legal team into removing anonymous discussions about circumventing the company's music-playback software for iPods and iPhones says he is relieved that Apple has backed off and he'll be able to restore the disputed material. Apple dropped its claims of copyright and DMCA violation against BluWiki only under legal pressure of its own in the form of a lawsuit by the Electronic Frontier Foundation."
In November 2008, Apple sent a series of legal threats to the operator of BluWiki, alleging that these hobbyist discussions about interoperability ...
Right because we wouldn't want hobbyists out there devoting their free time to making a hardware device more supported, interoperable, functional, etc. That would be horrible. It's funny how my operating system of choice was created from just that.
You know, I have to ask: what's Apple's motive here? Because if I made a hardware product and someone developed a new novel way to utilize it, my sales would increase. Sure people might not be using my software that goes with the hardware but who cares? Sales of these devices can go nowhere but up. All I can think of relating this to is game consoles. Which--up until the PS3 & Yellow Dog Linux--they have been very wary of people using for alternative purposes for the sole reason that pricing schemes have long involved a loss on the console with massive profits raked in on licensing titles to the console. So you don't want your XBox360 turned into a Linux server never to play a game again or Microsoft just took a loss (not sure if they still take losses on that console, just an example).
So what's up, is Apple selling iPods at a loss with the expected return being iTunes Music Service sales? Or even the monetary value they assign to having iTunes and Quicktime on the consumer's computer?
If a hobbyist or start up company or anyone figures out a way to utilize iPod hardware in new ways, don't consumers have a right to purchase/use this? I don't recall signing a contract when I bought my iPod shuffle. And, as a consumer, I will state that the more functionality the better. This is why I hate that Apple bullies people out of using their iPods with different software and stops hardware makers from integrating with iTunes directly. It's borderline monopolistic in the same way IE was bundled with Windows.
... discussions about circumventing the company's music-playback software for iPods and iPhones ...
After digging through the EFF documents, I'm not sure who to believe here. The story, the EFF and the wiki operator claim it was a discussion about doing this and it was not actually implemented. But from Apple's latest letter:
As you know, Apple's objection about the "iTunesDB Pages" (as referenced in your complaint in this matter), sent to OdioWorks over seven months ago, centered on the publication of certain Apple code on those Pages. Since that time, Apple has stopped utilizing the code in question, rendering the code obsolete for the purposes at issue in this action. Publishing that code is no longer of any harm or benefit to anyone.
So I am to believe that there was a potential exploit in the Apple code that the wiki pages talked about exploiting and Apple has since removed/patched that code to be non-exploitable? I don't think Apple backed down, I think they just stopped discussion until they could render the exploit a non-issue.
My work here is dung.
>> Right because we wouldn't want hobbyists out there devoting their free time to making a hardware device more supported, interoperable, functional, etc. That would be horrible. It's funny how my operating system of choice was created from just that.
In other words, Apple is the new Microsoft. I am sure this will be moded down very soon, but since the time Apple has hit jackpot with ipod/iphone, they have shown their true colors.
Besides the obvious "protecting revenue" reason, I think there is a very fundamental principle at work here. Apple is obsessed with usability. They spend a lot of time on proprietary designs to achieve this goal. The experience with media/computer/device/store they want to control so that it is all a single, logical, and usbale experience. Interop with things not under their control will introduce usability differences and eventually destroy the overall design - in their minds. Jef Raskin was one of their early champions of usability. He has a great book too. I think if you understand their design culture you can understand their single-mindedness on a closed system. Now. I support interop. But I do have respect for those who take design and usability seriously.
I'm as cynical as the next moderately informed /.er, maybe more so, but I've gotta hand it to the folks at EFF. They're one of the few groups making any noticeable impact on corporate and government actions that threaten us little people.
mmmm...forbidden donut
Third:
Fucking Apple... how can you not hate this self serving, pissing-in-the-face-of-every-consumer company?
Don't get me wrong, I hate all companies. Some more, some less. Not because I'm bitter, but because only idiots are unaware of the fundamental concepts of trade. It's a battle between the seller and buyer, and only an idiot consumer sides with the seller. The consumer, aka buyer, is supposed to pressure the seller to lower prices and increase quality and terms. The whole point of trading is to make profit, and of course not always in monetary means.
In other words, Apple is the new Microsoft. I am sure this will be moded down very soon, but since the time Apple has hit jackpot with ipod/iphone, they have shown their true colors.
I've said it for years: Steve Jobs/Apple are Bill Gates/Microsoft wannabes. Before their marketshare fell in the 1990s Apple had been very monopolistic in their practices...sueing and putting clone makers out of business, deciding whose software was "good enough" to run on their platform (sometimes disallowing stuff simply because it competed with, and was better, than Apple's offerings), etc. It is because of those behaviors that Microsoft rose to prominance in the early days, on the back of IBM clone makers, because the Intel platform was perceived to be more open (and it was...until Microsoft established its monopoly. That said, it remains more open on the hardware side).
I like Apple's products. I go so far as to recommend Apple to friends and family who are not technically savvy enough or interested in running Linux, but that said, make no mistake: the moment Apple feels it has market dominance, it's behavior is likely to be very reminiscent of the monopolistic practices of Microsoft, and before them IBM. Perhaps that moment has arrived.
As anathema as it is to Apple fanbois, iPhone addicts, and those who like to wear cynicism as a ficade in a futule effort to look worldly and "wise", it has to be said: once again, Richard Stallman has been vindicated. If you really want freedom in the digital age, be it freedom to innovate, freedom to use, freedom to create, or (apparently in this case, for the past several months) freedom to speak and discuss technical details of interoperability without fear of economic or legal reprisal, you'd better be using a free and open platform. Alas, most people aren't too concerned about that...until something like this happens to them (or something a little less draconian, like...oops, your financial data is no longer accessible and the software you need to access it doesn't run on a current os, and is no longer available for purchase. Then suddenly gnu cash looks pretty appealing, and voila! you have another advocate of free software. You'd be surprised how many in the business world, on the business rather than technical side of things, are starting to adopt that attitude.)
The Future of Human Evolution: Autonomy
Chief, this has nothing to do with lawyers taking over a company. Anyone who has ANY knowledge of Apple's history, especially under Steve Jobs, knows the man and the company he drives has a hard on for absolute control over their devices.
If Steve could find a way to make it profitable, he'd officially stop selling hardware and start leasing.
Compare Apple's market share in PMPs and online music distribution to Microsoft's OS market share. Compare their business dealings, and competitor pricing and tell me Apple is not as much a monopoly in the PMP space as Microsoft is in the OS.
As a consumer it's easy for me to avoid Apple hardware/software/downloads. I can buy one of many mp3 players and download a full range of mp3 tracks from (say) Amazon. (Or even download the now DRM-free AAC tracks from iTunes and play them on a non-DRM AAC supporting music player).
If I want to avoid Windows it's much more difficult - some important software only runs on Windows, large numbers of devices only function at all or fully on Windows, I can only get full connectivity to an Exchange server with MS software, etc. etc.
So while Apple may well have a similar market share in the PMP area as MS does in the OS market, the effect on the consumer is not nearly as significant. I can (and do) stand entirely apart from the Apple PMP ecosystem and suffer no significant disadvantage.
If Apple had the only online store selling a full range of digital music *then* if would be similar to MS in terms of monopoly abuse.
As would the support costs.
and:
Apple knows how to tech-support the iTunes application and the iPod firmware. It does not know how to tech-support a third-party app or Rockbox firmware.
I will give you the fact that Apple has the right to provide support on whatever they want too. However by opening a my iPod box I did not sign a contract giving Apple the exclusive right to tell me what I can and can not do with my iPod. If I want to use my iPod to unclog my sink then I can. I am capable of reasoning that if I call Apple and say "my iPod broke and it failed to unclog my drains" they arent going to help me get a warranty replacement, nor help me unclog my drains.
To finish the analogy I want to use XYZ music player to upload music to a portable music player that I own then I certainly hope that I can. At the same time, I am capable of reasoning that I cannot call Apple when XYZ music player stops working properly...
First, this is what you get when the lawyers hold sway over the techies and visionaries.
Sounds to me more like a legal department that is granted too much independence. "Defend our property, I'm assuming because we pay you so much that you know what's reasonable and what should warrant a lawsuit."
I often find that I'm naive when I assume things about companies though.
Second, why o why don't modern companies just stfu with their legal hollering and get on with making products? If they make good products customers will come flocking and that in and of itself secures brand loyalty.
It's more than just lawsuits. DRM is of course another example of companies foolishly wasting more effort trying to maximize profit than they do making things that are actually profitable.
If you're spend X dollars developing a product and then spend 2X dollars making sure you get all the money you can out of selling it, you need to be sure you couldn't have made even more money in the long term by spending that 2X$ on another product. Do companies actually do that ever? I don't work at any of them, but it doesn't seem like they do.
He's the CEO of a corporation. He makes decisions that he sees as the profitable ones. That's what CEOs are supposed to do. If CEOs didn't have that instinct then none of us would have any sort of cheap hardware to run our choice of OS and software on.
And he's also a human with a personality, which influences those decisions based on his world view, likes, dislikes, and etc.
He could just as easily make money hand over fist if he loosen his death-like grip over Apple products and allowed others to play. Licensing money is 'easy' money. He doesn't because he has a control fetish.
picture this scene; an auditorium full of crazed Apple fanatics, all hailing the speaker - Steve Jobs, up at a podium, and simu-cast on a huge screen.
Suddenly, a pudgy guy in a a rumpled business suit comes running thru the back door, swinging an ugly beige 1980's era PC chassis by its powercord. He runs up the center aisle, and flings it into the big screen, shattering it.
The tag line; I'm free, and I'm a PC.
This issue is a bit more complicated than you think.
No. Could you be more specific?
The one thing that we as consumers forget from time to time is that questionable business practices are passively approved by us the consumers when we trade said companies our hard earned money for the product/service in consideration. If interoperability is not included in a product I am considering, I find an alternative product to trade my money for. Do I really need an iPod when a mp3 player will do? Is purchasing mp3 tracks from Amazon a better alternative to iTunes since I can put them on any mp3 capable device? Consumers have the power to be in control... We just need to realize it.
Who was that pointy-eared bastard?
They should have just moved all the existing pages to Wikileaks during the downtime. A legal discussion that Apple was using legal threats to suppress ought to have qualified.
"It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
As an ex-Apple advocate, I disagree. They want control for the sake of control. They're limited in what they can do because they also want to remain profitable.
I supported Apple over MS within the company I worked for for decades...but when it came time that people were willing to listen, I'd switched to supporting Linux. So the company went to Linux. And it's because Apple made things too difficult if you wanted to do something that wasn't what Apple had in mind.
(My personal switch to Linux was because I could run Linux on the same hardware I had been running MSWind on. I dual booted for 2-3 years. But at that time I'd have supported Apple for anyone who wasn't a real techie. During that time Apple changed their EULAs to the point that I considered them no better than MS. Apple has fewer viruses, but MS was cheaper [in every sense of the word].)
Now... now I can't think of a purpose for which I'd recommend either MS or Apple. It's largely due to legal agreements, and partially due to technical restrictions. And, of course, price is also a factor. Linux is lots cheaper when you start counting in the cost of ancillary applications.
I think we've pushed this "anyone can grow up to be president" thing too far.
That's elementary, theoretical concepts of trade. In the real world, all out war between sellers and buyers results in less profits for sellers, and less goods for buyers. Trust is an important part of trade, and without it, sellers won't be able to offload their goods, and buyers won't feel confident in forking over their cash. There is real incentive for being conservative in business, and actually giving customers what they want. The same goes, to a much lesser extent, for buyers; if they rock the boat too much, or demand prices that are too low, then sellers will sell to someone else, or if every seller does it, they'll find some other way to make money.
That's not to say we should all like companies, or that we should always blindly give them the benefit of the doubt, but it doesn't usually hurt to prefer one company over the other, and build some basic trust relationship with them. One example I'm sure we're all aware of is our ISPs, who we trust to provide us internet services.
You know, there is a difference between trolling and pointing out the flaws in your reasoning. Just saying.