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116 Comments
- maninblac1, on 10/12/2007, -19/+104I know, i don't even understand how apple has a claim at this at all. Not their hardware, not their software.
- carpespasm, on 10/12/2007, -16/+85because the fun isn't happening on their product, duh.
- rstarr, on 10/12/2007, -12/+67More of a how...?
He didn't directly use any of their software or hardware. Nor was he selling anything.
He merely re-created a certain 'look' of the iPhone for his own purposes and showed a few people.
None of this seems illegal in any stretch of the imagination so how could they simple just make it disappear?
I didn't think they bowed to bullying so quickly and easily.
....
Remember when youtube was cool? - nateteep, on 10/12/2007, -13/+65But why?
Apple, why kill all the fun? - j_bellone, on 10/12/2007, -15/+56Microsoft never does this.
- antoniojvr, on 10/12/2007, -12/+52Actually, what they did was driven very much by capitalism. Maybe you don't know what communism means?
- cleverboy, on 10/12/2007, -16/+37rstarr, don't be an rtard. Of course he stole from Apple. He, like others Apple has persued... went to Apple.com, to Apple's iPhone page, and got a high resolution copy of their interface and icons. He did this in a few different places, including the home screen's "slide" feature and icons. He then put it right into his application, and began promoting his "work" with Apple's interface. Mkay? Kind of a problem. If someone took my artwork and made a YouTube video with it, in a way that attempted to mess with my work's value, I'd call it in too.
Here's the next copy to be taken down, FYI:
http://www.youtube.com/watch?v=ROZG4he2cuE
Unlike Gizmodo's mistaken impression that this was a "skin", he said he used the "pocket programming language" shown here:
http://www.windowsfordevices.com/news/NS7729806201.html
With such misinformation beginning to fly around (hey look, Windows mobile can do the iPhone functions with just a skin!), Apple certainly needs to protect its property. I have to say, Apple is throwing out what has to be the biggest ballsack in the world, for announcing so much about the iPhone 6 freakin' MONTHS before actually launching the product (however much by necessity). I mean, Meizu's miniOne is something that is a total rip-off, but at least everything about it was created from scratch, including all the graphics. While the new "directory" interface for the contacts is a total rip-off of the iPhone too, I'm sure its much dicier to complain about for Apple. Daringly, no video yet. Maybe in a month or so. The window is getting smaller.
I've said up and down... if this guy, the ppl programmer, had come out with an iPhone like interface replacement for Windows Mobile BEFORE the iPhone... he'd have been able to really rake it in. I mean, really kick ass on it. As it is, he's just trying desperately to "ape" it, and even with reference, still looks like he's many months from doing it in any way that is more usable than demonstrative. Jobs said Apple is 5 years ahead of competitors, even though the iPhone represents 2.5 years of development, presumeably leveraging their other tech. It will be interesting to see what aspects of the iPhone this does not hold true for, and whether competitors... real ones... will take them to task on it with market-ready products before/during/after the iPhone's launch. - NoHandle, on 10/12/2007, -7/+22Perhaps he was referring to the way communists constantly have to "fix" the news. I guess the same gets to be said for capitalistic societies now though :(
- flag564, on 10/12/2007, -10/+24I just drew a pencil sketch of the iPhone GUI.
Come and get me, Apple! - griz, on 10/12/2007, -9/+22@maninblac1
"I know, i don't even understand how apple has a claim at this at all. Not their hardware, not their software."
True, but the icons and design are taken directly from the iphone design. Therefor, weather or not you like it, Apple can make claim that it violates their copyright.
Unless he can make claim that is a work of parody, Apple can protect the design. In fact, part of maintaining claim of copyright is protecting its use by others. If Apple let just anyone use the interface as they wished, Apple may lose their claim to copyright. - nzknzknzk, on 10/12/2007, -4/+17http://en.wikipedia.org/wiki/Streisand_effect
Of course there is a mirror. - SuperJimmyJimbo, on 10/12/2007, -6/+18Duh! Didn't you read the list of the "over 200 patents" they hold for the iPhone? Here's an excerp
100: Toliet Paper
101: Maps
102: Pocket PC themes
they were asking for trouble - nickdr, on 10/12/2007, -12/+24you better watch out. next they will start suing people who use themes in windows and linux to make their desktop look and act like OS X
- nthitz, on 10/12/2007, -2/+14Does anyone have a mirror of the video for those who have yet to see it?
- Dominatus, on 10/12/2007, -11/+22You disgust me.
Fine, the interface is copyright. The video that HE made showing it is not copyright by Apple. Nor is it trademark to Apple. Nor is it an apple patent infringement. Nor does the video go against the DMCA.
So, exactly on what authority does Apple have to order this video taken down? - inactive, on 10/12/2007, -24/+34Apple's the new Microsoft. Its half cast now anyway, Intel and Microsoft genes apparently isn't doing much good for apple
- Me1000, on 10/12/2007, -1/+9If your text editor had a ribbon like MS word, I bet you would!
- fugazi, on 10/12/2007, -2/+8nevermind digg down
- Soccrmastr, on 10/12/2007, -7/+13And lately everyone has been praising Apple and dissing M$, but they're both big companies and just want more money for themselves.
- inactive, on 10/12/2007, -4/+10You can't stand seeing that Apple has created yet another interface that people feel inclined to copy to Microsoft devices.
- cleverboy, on 10/12/2007, -1/+6@rstarr
Let's not pretend Apple is doing anything more than asking for a video using their copyrighted imagery to demonstrate competing technology, to be taken down. They're not suing him. And, when should Apple start complaining? Should they wait in silence as he demonstrates his progress, week after week until he realizes he could begin marketing his software? Did you catch people starting to comment "Where can I buy it?" Were Apple to delay acting on this type of copyright violation at this point, they'd be fools.
The solution is simple. All the guy needs to do is come up with his own interface, and continue about his business, demonstrating the software he's developing in a YouTube video. Same controls, same programming, original interface. I'm sure he'd even find an OEM buyer in short-order too. Apple would still fume, and possibly sue over some patent hoopla, but at the very least, he'll be able to keep promoting without a DMCA take-down slowing him down.
Apple isn't "getting nervous", they're simply "taking action". Jobs knows iPhone is years ahead of competition on development, but they know it won't take much to poke holes in some of the features, and Apple's not about to give a potentially competing software product a "leg-up" by allowing it to where the iPhone's face. "Years ahead" doesn't count if the competition can promote their technology (whether available for sale or not) using Apple's artwork.
"Hello everyone, today I'm going to show you the pocket pc version of the iPhone." - Borfo, on 10/12/2007, -4/+9@griz
"In fact, part of maintaining claim of copyright is protecting its use by others. If Apple let just anyone use the interface as they wished, Apple may lose their claim to copyright"
That's not true, actually. Trademarks can become generic if their owners do not police their use. Copyright doesn't diminish in this way.
Trademark protection can disappear if the word used as a mark becomes commonly used to describe a category of products, rather than just to identify one company's brand. To be effective, a trademark must be "distinctive" - it must serve to distinguish particular wares or services from other similar wares and services. When a mark becomes generic, it loses its distinctiveness. Brand names like "kleenex" and "xerox" are at risk for this reason.
While there are circuitous legal arguments that could be made to the effect that a copyright owner who does not act to prevent the unauthorized use of their copyrighted material effectively consents to that use, the copyright itself would be unaffected. - griz, on 10/12/2007, -3/+8Sorry, I mistakenly said copyright when I meant trademark. Either way, the icons are Apple property and for them to defend how they wish. It is not fair use for someone to promote the use of those icons on a device similar to that which the icons were taken from.
- Shak, on 10/12/2007, -1/+6Community effort time.. how long until someone posts a mirror?
- inactive, on 10/12/2007, -0/+5That was sorta cool. Nice job guy amazing that you are that talented to program that scrolling.
Cool Video - titlesaysitall, on 10/12/2007, -1/+63th? Stop typing on your Treo.
- Radan, on 10/12/2007, -2/+6Well, I do agree that Apple should lighten up a bit when it comes to stuff like this, but really, this is kinda old news. And not old as in "oh, I read that article yesterday", but old as in "Apple does this every single time". There's really no reason to act surprised. If it has anything to do with Apple, and it's not running on an Apple product, you will most likely get a cease-and-desist letter.
- fowleryo, on 10/12/2007, -5/+9you mean, for stock holders.
- inactive, on 10/12/2007, -8/+12Oh no he di'ent. The graphics and images are ripped directly from the iPhone.
- MrBuckley, on 10/12/2007, -2/+6Mirror
http://www.youtube.com/watch?v=ROZG4he2cuE - DaffyDuck, on 10/12/2007, -1/+5Giving credit does not allow one use of a copyrighted image without permission.
Look up the "exclusive rights of the copyright holder" section @ Wikipedia.
http://en.wikipedia.org/wiki/Copyright - SystemError, on 10/12/2007, -3/+7no, what they did was make everyone start talking about iphones agian.
- ElumEnopee, on 10/12/2007, -1/+5Is it just me or here lately it seems like Apple has been acting more like (wait for it) -- a corporation. A corporation looking to protect their interests. However, not unlike a corporation that many diggers go out of their way to criticize.
(just sayin') - dankCIA, on 10/12/2007, -3/+6stockholders and those that hold mis-priced options contracts on the stock and stand to benefit considerably (Jobs)
- inactive, on 10/12/2007, -3/+6> Goes to show the iPhone is just a pretty face.
No. It should be obvious that there's a lot more to the iPhone software than a pretty skin. That much should be clear to anyone who compares, say, iPhone-skinned Palm software to a real iPhone, or compares OS X-skinned KDE to the real OS X.
It does show, however, that people like pretty faces. - inactive, on 10/12/2007, -3/+6Amusing how outraged you people can act when it has nothing to do with you personally. If someone stole or co-opted something of yours, how would you act? Oh, and by the word "you", I mean: a profitable company with shareholders to answer to, not some whiner living in his parent's basement.
- inactive, on 10/12/2007, -3/+6The intellectual property relating to Microsoft's ribbon is patented and its images are copyrighted, but Microsoft grants developers free licenses to use to ribbon UI, as long as you're developing software that runs on Windows and doesn't compete with MS Office in any way.
- Sinn3r, on 10/12/2007, -2/+5Yawn..................
- videoCT, on 10/12/2007, -3/+5I think we need to adopt a secret language for online videos - made up words referring to well known words. The key will be circulated secretly via fax or non-google/yahoo/msn mail systems. So for example, if you are posting a video of the iPhone on a Pocket PC, you look at your handy cheat sheet, and see you need to search for "snulk mykeeto foringray" and you get to see the video. I don't know what such a system has never been devised.
- mercurysquad, on 10/12/2007, -3/+5This is why open source rules. Try to move away from propietary stuff, people.
- rstarr, on 10/12/2007, -5/+7@cleverboy
Regardless of all of that, he's simply showing a proof of concept and is not trying to sell this or even distribute. I could understand if he was selling or putting it up for download but taking action of this would be like taking actions on all of the ridiculous gamer themed cakes we've seen who have CLEARLY taken an image from another source that is copyrighted and are throwing caution to the wind. Give me a break man, Apple is getting nervous because people are poking hole in their 'one of a kind' iPhone and are overstepping their boundaries.
(as typed from a 15' MacBook Pro) - cleverboy, on 10/12/2007, -0/+2@rstarr
Just sounds like you don't like how the DMCA or copyright works. A few weeks ago, I took some of Apple's Spotlight and Time Machine videos, editted them and uploaded them to YouTube. I thought, "Eh, shouldn't be a problem, Leopard will be coming out soon enough... free promo for Apple." Apple had them removed. Big deal. You don't see me crying over it. Apple has also persued people posting iPhone skins. Moreover, Microsoft has persued people posting Visa skins for XP (on virtue of copyright). SHOCKER, eh?
Drunken argument alert. Why are you bothering to talk about Jobs' say over a "similar" OS'... I already said that the guy should just remove Apple's artwork, and upload a new video. The End. The blatant hijacking of Apple's artwork is the ONLY reason it got taken down. Don't start manufacturering a point. If you're getting lost in your own logic, you should take a moment to breath. I realize most people don't understand what "Fair Use" lets you do and not do, but honestly... why keep arguing about it if you clearly don't know what you're even talking about?
APPLE'S CHOICES:
#1. Issue standard "take down" notice toYouTube for DMCA violation, let YouTube decide wether to comply
#2. Attempt to find contact information so a "congratulations" and "warning" can be sent to random video poster, whether or not he is actually the person depicted in the video.
#3. Ignore use of Apple's own artwork used in an attempt to undermine the value of their upcoming product
Hmm..... hm..... which one sounds like a sensible recourse? Hmm...... (scratching chin). I don't know.... Come now. Don't be silly. - inactive, on 10/12/2007, -2/+3Yeah, ***** companies that don't demand keys or proof of purchase to use their OS?
- TheAncestor, on 10/12/2007, -0/+1Original
http://tzywen.com/index.php - lordmstic, on 10/12/2007, -4/+5The only way I could see them having the ability to do this was, if he used exact copies of their images.
Also that slide touch thing has a patent so if he copied it's functionality.. thats infringement. - EtherGnat, on 10/12/2007, -0/+1"Also that slide touch thing has a patent so if he copied it's functionality.. thats infringement."
So now a virtual representation of a latch is patentable now? I hate our patent system. I've been sliding latches to unlock things since I was old enough to walk. - Avalontor, on 10/12/2007, -1/+2So it's OK to pirate anything doing with pictures, music, movies, Microsoft and other IPs but NOT if it pertains to Apple. Some of you here backing up Apples right to enforce it's copyrights have commented on other threads today like the Vista hacking but... Goose... Gander. whatever. One is a complete fabrication and the other is the real McCoy. You should be ashamed.
- gfunnk, on 10/12/2007, -2/+3Think about it like this. If you took the time design something elegant, something that was different and unique, how would you feel if someone copied it verbatim. Show some creativity, take the idea further, but please don't copy.
- Thefatheroftime, on 10/12/2007, -0/+1The linked story has been suspended...mirrored?
- Magadass, on 10/12/2007, -0/+1So I don't know if most of you have ever had to defend yourself against a subpoena but the way it works is definitely against the little man. I feel his pain, the biggest problem with being taken to court is that you have to get a lawyer, and they are not cheap, and if you win? At that point you are in the whole quit deep in lawyer costs, and contrary to what happens on tv or in the news you typically never see that money again. It is very rare that you will get your money back from defending yourself, you can counter sue in a civil case in an attempt at trying to get the money back but its a gamble, not only does that require additional lawyer fees that will need to be assessed in the civil case but if you lose you just doubled your costs.
I do not know if this guy is going to court, or if he was just sent a cease and desist letter which usually if you follow their rules the charges will be dropped. But the fact that a corporation can take you for all you have by sending a lawyer after you is quit a scary tale. I thought I knew how the system was "supposed" to work but when you get involved and you start talking to your lawyer, thats when you realize that this is not what I thought it was and this is some serious *****! -
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