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Apple Threatens Steve Jobs Doll Maker With Lawsuit
redletterdave writes "Apple has allegedly threatened to sue Chinese company 'In Icons' over its eerily realistic 12-inch action figure of Steve Jobs, the company's late founder and CEO. The 1:6 scale model, which was said to be distributed by DiD Corp. in late February, comes with the clothes and accessories popularized by Jobs, such as the black faux turtleneck, blue jeans and sneakers. The figurine is packaged in a box that looks like Walter Isaacson's 'Steve Jobs' biography cover, and also comes with a 'One More Thing...' backdrop, as well as two red apples, including one with a bite in it. To make it extra creepy, the doll's realistic head sculpt features Jobs' famous unblinking stare. Apple reportedly wrote 'In Icons', telling the Chinese manufacturer that any toy that resembles Apple's logo or products, or Job's name or appearance, is a 'criminal offense.' Attorneys believe a Steve Jobs action figure released after his death violates the 'right of publicity,' which is a state law that protects one's image, voice, photograph, identity or signature from being used commercially without consent. Furthermore, California's Celebrity Rights Act in 1985 protects a celebrity's personality rights up to 70 years after their death."
Personally I think it will make a good addition to the sequel to Team America World Police.
That's a bit strange, no? You'd think Job's family would be the one filing, not Apple, unless they own his personality rights. Which would be kinda creepy, if you think about it.
Mod me down with all of your hatred and your journey towards the dark side will be complete!
The one thing Apple is better at than designing closed computers is suing people.
So what law are they violating? I am talking about China not the US. A Chinese company does not have to answer squat to Apple nor the US legal system. They could make a doll with a penis on the head of Obama and the US Government couldn't touch them. Selling these dolls in the US is another matter (the Steve Jobs ones), but those that want them could simply import directly from China.
Make SELinux enforcing again!
While Apple's copyright infringement claims are questionable, attorneys believe a Steve Jobs action figure released after his death violates the "right of publicity," which is a state law that protects one's image, voice, photograph, identity or signature from being used commercially without consent. Furthermore, California's Celebrity Rights Act in 1985 protects a celebrity's personality rights up to 70 years after their death.
I don't see where California law is in any way binding or enforceable for a product unless they tried to sell it in California. Just because it is illegal to carry an ice cream cone in your back pocket in Alabama doesn't mean I can't do it in Michigan.
'The tyrant will always find pretext for his tyranny.' - Aesop's Fables
Why would they sue, do they have the rights on the likeness? I thought that would apply only to living persons.
I know that not reading the article is par for the course, but not reading the summary?
Furthermore, California's Celebrity Rights Act in 1985 protects a celebrity's personality rights up to 70 years after their death.
If they REALLY wanted to stop it, simply threaten to pull the manufacturing and bring it back to USA. Then Chinese gov. will stop it.
I prefer the "u" in honour as it seems to be missing these days.
No, never!
The summary doesn't say anything about why Apple is doing this, and neither is TFA from my cursory read through. As far as I understand the matter, it is a family affair, and it is really weird and highly unusual that they would not hire a law firm to sue, but have Apple do it instead.
The criminal threats are also mildly surprising, and the way Apple is clinging to Jobs is indeed sort of sick. As are the people who might want to buy a figure like this one.
The Turing Heat had to steal the Phillip K. Dick automaton head to keep it from going sapient. The small but spunky Jobs Droid snuck under their radar and reached critical neural connections state just after this story broke.
warning! this product contains a likeness known to the state of california to cause lawsuits and frivolous torts.
"They were pure niggers." – Noam Chomsky
I could do so many things with one of those...
So would many True Apple Fans, if it were an Approved iDoll ...
*shudder*
This post contains no rudeness or derision of any kind. All arguments are friendly. Terms and exclusions may apply.
Hypocrisy.
Apple is guilty of the far more serious crime of having dead celebrities endorse their products in TV commercials.
Typical Apple, talking the talk, without walking the walk. Again.
There are shills on slashdot. Apparently, I'm one of them.
They're using CA's law that says Jobs' estate owns his image for 75 years after death, the problem is, how do they enforce CA law if the dolls never leave China?
It wasn't the doll as much as the "Nuclear Medicine" Playset complete with "Mr. Chemo" microwave oven that put them off.
I believe they actually acquired the respective rights to all the photos.
it is a Chinese company. They sooooooo dont give a sh** about California law. Oh, and count the rest of the world in as well :)
Delta-Mike November Bravo Tango
This definitely reeks of a personality cult, in the most disturbing, North Korean sort of way. Nobody has the rights to Dear Leader's image but us, and how dare you produce false idols. At least they didn't keep his body in state on the Apple campus...
I understand that he's been cryogenically stored in a sealed underground chamber in their new headquarters, surrounded by iPhones with his picture on them.
The higher the technology, the sharper that two-edged sword.
From the article: "To make it extra creepy, the doll's realistic head sculpt features Jobs' famous unblinking stare."
I'd have thought I'd be even more creepy if the doll had eyes that rolled around...
Or blinked.
The higher the technology, the sharper that two-edged sword.
How on earth does this get to be a criminal offense rather than civil one?
Quattuor res in hoc mundo sanctae sunt: libri, liberi, libertas et liberalitas.
Which is rather pointless as it is a state law not a federal law, in both cases it is state not federal law. Basically the manufacturers can tell Apple to go get knotted and leave Apple to pursue retailers in the affected US states. US federal laws don't apply in China and obviously US state laws are complete and utterly meaningless, as of course US states can not enter into treaties with other countries to enforce laws across international boundaries. So manufacturer and sell and deliver my mail order in the affected states, in the rest of the world, thumb their noses at Apple Inc. Besides "Think Different" Einstein billboards for Apple. So maybe Apple can complain if the dolls are blue and sport IBM logos, otherwise their history of theft pretty much leaves them in the cold.
Chaos - everything, everywhere, everywhen
They're using CA's law that says Jobs' estate owns his image for 75 years after death, the problem is, how do they enforce CA law if the dolls never leave China?
How do they enforce California law if the seller never ships to California?
It's not unusual for online vendors to say "For legal reasons we don't ship to these states: X, Y, Z"
[Fuck Beta]
o0t!
Ah, but Apple has aquired a patent on lawsuits
Make SELinux enforcing again!
Well I'm buying one right now!!!
Good thing Apple sued, otherwise I might have never known about this.
Think I'll pick up a Barbara Streisand doll too while I'm at it....
Furthermore, California's Celebrity Rights Act in 1985 protects a celebrity's personality rights up to 70 years after their death.
How constitutional is this, given that we do not (yet) have a two-tier justice system? Either everyone's personality rights are "protected" or no one's. Unless we do have First Class and Second Class citiziens, of course.
And how exactly does a California law have any bearing whatsoever in China?
The figurine is packaged in a rounded rectangluar box...
FTFY. Incoming injunction.
AccountKiller
Personally I don't find it creepy at all. I find it incredibly realistic. I don't think I have ever seen a doll in my lifetime that is a realistic looking as this one. There is no mistaking Steve Jobs face and stare etc on this doll. I am not a fan of Jobs but would purchase one of these in a heartbeat just because of the realism of the face.
I believe they actually acquired the respective rights to all the photos.
Apple obtained permission from the photographer to use a copyrighted image, not permission from Gandhi's family to use his likeness to sell a product that he most likely would have been opposed to.
Hypocrisy. Again.
There are shills on slashdot. Apparently, I'm one of them.
Do you mean articulation or a disturbing attention to anatomical detail?
Blank until
But they didn't use his "likeness". They used the concrete photograph. I'm sure if they decided to make toys of Gandhi, they'd have to get a different kind of deal. With photographs, it is common practice to have models sign "releases", which lets the photographer do with the photograph what he sees fit.
Thou shalt not make unto thee any graven image of Steve, or any likeness of any thing that is in heaven above, or that is in the earth beneath, or that is in the water under the earth. Thou shalt not bow down thyself to them, nor serve them: for i the JOBS thy God am a jealous God, visiting the iniquity of the fathers upon the children unto the third and fourth generation of them that hate me; iExodus 20:4-6 (SJV)
He's at Disneyland with Walt in suspended animation
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Report to Real Doll Inc. for measurements for the official ScrewMaster FuckDoll - and don't even dream about getting any money.
You've just described every mac fanbois dream
A ScrewMaster doll? You Apple Haters sure have weired fetishes you project on others?
Fandroids hate facts.