Apple has a history of using lawyers against bloggers. There was the now infamous Think Secret lawsuit, which may have had merit. But they also engage in clearly superfluous, bullying tactics as well. In August we received a letter from Apple’s lawyers demanding that we remove an embedded YouTube video showing features from OSX 10.5. We felt this was an extreme position to take – Apple could have simply requested YouTube to remove the video. And this wasn’t a trade secrets issue – they also had a very similar video up on their own website.
Today Apple is engaging in similar tactics against a number of bloggers who simply reported on the fact that someone created a skin for Windows Mobile phones that looks exactly like the new iPhone user interface. See the images above – the Windows version is on the left, Apple’s version is on the right.
The offending download page is here (the software has now been removed). Blogger Paul O’Brien simply linked to this download page and included a screenshot of the user interface and also received a cease & desist letter from Apple’s lawyers.
I think this is all complete nonsense. 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.
More on this story at TechMeme. As far as I can tell, the software is no longer available anywhere for download. If that is incorrect, please let us know.
Update: Parallel issue here – this time for Palm. I assume Apple will crack down on anyone reporting about this as well.
First Cisco and now this. I am not a Mac guy but they are not winning me over with these kind of moves.
When will these companies embrace the blogging community?
“As far as I can tell, the software is no longer available anywhere for download.”
Hmmm… even if it was only up for download for an hour then you can be absolutely sure that it will pop up again somewhere else. I would get ready for a hundred Rapidshare links on the horizon.
I’ve never seen a community more willing to bend over for a company than Apple fans. Totally closed, secretive, often overpriced and protective, defaults to DRM in iTunes, litigious, and just arrogant. If it were any other company people would get truly angry. With Apple it’s always a sigh leading into breath-holding for the next big announcement.
I forgot to mention earlier that I want to get this for my Treo 700wx, show my Apple fanboy friends. Hopefully it will pop up soon.
in the email they write “We represent Apple Computer, Inc.”
did not steve jobs erase the “computer” part at macworld?:)
What is the old saying…
“Imitation is the sincerest form of flattery”
I’m an Apple fan, and I can surely say this is crap. If they want users to switch from PC to Mac, they need to take the “don’t be evil” approach. When a prospective Mac user sees this, you can bet they’ll change their mind…
meh – I still love Apple, even when if they sue us.
LOL @ Mike…
Check out my post on CrunchNotes – I figured TechCrunch will be next in line for a frivolous C&D for posting a screenshot of an MS product with OSX icons.
On the flip side, I could see the argument of “we’re trying to protect our brand” … The look and feel of their product is part of the brand. So, they should simply go after the person(s) who duplicated the look/UI – not the bloggers reporting on it (as stated a few times).
I think this blog entry has opened a can of worms – I’d be willing to bet there will be a lot of Mac-bashing (or macinshitting) going on over the course of the next 100 comments.
Frankly you’re just not pushing the limits enough without a Cease & Desist now and again. I remember fondly receiving one from the NCAA after I copied every single icon off of ESPN’s site for college sports teams for some lame affiliate sports shirt scheme I was trying to get going. Receiving one really reminds you that you’re alive.
ok. i agree that apple shouldn’t bully bloggers, but bloggers are going to have to stop hiding behind the excuse that, “i’m just the guy that REPORTS the [insert illegal activity here], don’t go after me!”
taken to the extreme, it’s like the guy who takes out his camera to film a law being broken instead of reporting it to the proper authorities. gotta have a bit of decency and ethics in cyberspace, don’t you think?
Apple is an awful company. I’m not a big fan of Microsoft either.
Time for someone new in town.
When Jobs and Apple get out from under their “options” scam I’ll bother to look at Apple Inc’s issue with bloggers and legality.
I don’t know – between monopolistic practices, their committment to DRM, and sketchy legal tactics against non-MSM sites, Apple seems to be losing their “Think Different” path in the same way Google is well off its “Don’t be Evil” mandate.
Come on guys – pull it together.
What a shame. As much as I love Apple products, I have never really liked Apple Inc. I feel the opposite about Microsoft — don’t like their products, but admire their business.
Once you see the Macbook Pro in action, you’ll be like “Apple, you can sue me allll you waaant” : ) **big smile**
But seriously, Apple is just trying to defend its products. If this reminds you of Steve Job’s iron grip on his company, and the fact Apple _is still the underdog_ in the personal desktop department, it has every right to protect its assets under the law. I really do wish they’d do it with a bit more subtlety though.
I guess the law is on their side. They don’t have to be jerks about it or maybe they do.
Apple = Google = the devil. continue to suck them both off Mike. we all think you are a dildo.
Jonathan Jiang, try to see past your juvenile, blind devotion to Apple long enough to notice there’s no reason for them to bully bloggers. **big smile**
Apple is Wrong!
http://www.moda...p;showfile=1408
Available for download here, I believe..
Apple users are like abused lovers: you can beat them all you want, but they’ll never complain, and they’ll even defender the abuser.
So much for Apple empowering its users…
I’m a pocket PC developer, I think imma make one too. Let’s have a race to see who can make it the fastest and spread it the widest.
Its called copyright infringement. Jesus, what a bunch of children. Apple produces things and people rip them off. Apple is correct for trying to get bloggers to not rip off their copyrighted images.
This includes creating a product for another platform that uses Apples images.
You whine about how they are “bullying” you, but you don’t take responsibility for the infringing images you are showing in your very own blog, in this very article.
You want to be treated with respect, start acting like you deserve it.
Not surprising, the rest of the comments are a bunch of apple bashing.
Having watched people bash Apple in online forums since the 1980s (yes there were online forums before you were born) I long ago realized that all the complaints are really just the wines of those who are jealous.
People who love apple products but can’t afford them, or feel inadequate because they are superior to the products your company produces, and so any excuse to bash those who can, is never ignored by those who can’t.
Now, if someone had actually made something new and different, instead of just copying apple, and apple went after them, that would be different.
But to quote an earlier comment:
“I’m a pocket PC developer, I think imma make one too. Let’s have a race to see who can make it the fastest and spread it the widest.”
Proof that those who can, do, those who can’t, copy.
Clued – this is a legal, not an emotional issue, and I do not believe copyright law gives Apple the legal right to stop anyone from reporting on this issue.
Sergeant – i think you mixed your metaphors. I don’t believe I can perform the act, and be the thing, at the same time.
I totally agree with the cease and decease. Apple need to protect their brand. Blogger need to respect design aspect of Apple
Apple doesn’t own a bunch of squares aligned together on a back screen.
This iphone will not be a big hit. Who in their right mind will spend $500 for a phone that isn’t going to offer that much more than the $200 pda?
Plus anyone who has used touch screen knows it gets boring real fast.
Considering that it appears Apple is going to make the argument that Cisco failed to protect and exercise the iPhone brand properly, did it occur to anyone that they are merely doing due diligence in regard to protecting their own IP to prevent anyone from making that same argument against them?
@steve, I’m simply stating that the Macbook Pro is a damn good laptop, not because I own one, but because I see it do amazing stuff during work everyday. I personally use a Lenovo **big smile** thinkpad. Now if I were to become a quote un quote “switcher” I’d go grab one and hop on the mb pro any day.
As for my statement on Apple having a right to take litigation to bloggers, I still stand by it. Apple just wants the common sentiment about the iPhone to grow around seething anticipation and scoops on their new product – NOT controversy that they “stole” some skin off of Windows Media Player. If they have the money to sue and will take the risk of negative press on these brute force actions, then so be it. It doesn’t seem they have much grounds for a suit when free speech comes in play, but if they want to take the risk to protect the image of their new baby, then it is their choice and I believe it was the right move.
Oh Colin and Jonathan
Give me a break! What the hell does IP have to do with a blogger like Arrington reporting the issue.
He didn’t make the offending skin.
It’s clap trap through and through by a company thats up to it’s short and curlies in very dubious legal/financial behaviour.
They should save their money for their own defence instead of running around the WWW chasing down posts about some clever dick who did something because he could in a world that’s full of pissing competitions and fan boys that cheer it on.
@John – Could you give me some evidence or proof, possibly a link to a creditable news site that validates your statement “It’s clap trap through and through by a company thats up to it’s short and curlies in very dubious legal/financial behaviour.”
You’ve perked my interest and I’ll probably read it sipping some of my morning coffee.
iPhony for the palm is still available. See this link for a download http://forum.br...ad.php?t=235591
@Jonathan…
FT.com / Companies / IT – Apple ‘falsified’ files on Jobs’ options
“Steve Jobs, chief executive of Apple Computer, was handed 7.5m stock options in 2001 without the required authorisation from the company’s board of directors, according to people familiar with the matter.”
http://www.ft.c...00779e2340.html
John do some hw and read other news as the story progressed. Just reading the first story and not following up with what happened next and where the issue stands now makes u sound like a bully looking for a fight without properly educating urself.
@ clued.
How else are bloggers suppose to report the issue without showing the skin.
“Oh there is an infringment of iphone icons and interface, but we can’t show you. u will just have to take our word for it. honest. cross our heart”
the skins looks bad. all the icons at the bottom are duplicated in the main window.
I guess the skin designer just wanted to fill it up (instead of looking empty and with less features) and hence duplicated 4 icons, instead of the maps, stock and weather icon
oh yeah….tomorrow apple computes Inc. might sue all of us to use “iPhone” with “i” small and “P” in caps….in all our comments on Mike’s blog……oh well juz coz they are fighting to get that copyright frm cisco!!! good going
I mean “For Using the term” instead of “to use” in above post!
@Clued:
Your debate skills are amazing. Anyone who disagrees with you is a child and jealous of Mac owners. Amazing. What’s funny is that you seem to fit into the old stereotype of a Mac user: a pompous ass who assumes that everyone who doesn’t agree with their choice of hardware is just jealous of them.
As for the rest of your comments: they’re as worthless as your attempt to discredit those that do not share your same viewpoint.
You seem to lack a basic understanding of copyright laws. It is not copyright infringement to post that image. That’s what we call reporting.
You spoke ill of Apple? Oh. My. God. I thought everyone but me was drinking Steve Jobs’ Kool-Aid. Too bad this story will be forgotten in about a day. Regardless though, it’s nice to see some sites are still trying to be objective about tech news as opposed to trying to appeal to the masses as a member of the Apple Geek-Chic.
I haven’t seen Microsoft sending out Cease and Desist letters about the Vista Transformation Pack for XP.
Surely it’s pretty much the same situation as here?
http://www.wind...net/?page_id=15
forget all the bull…. you think we can run Apallo on it?
How does Jobs get away with this so much? Why doesn’t some law firm volunteer to assist these blogs from Apple’s pressure? Clearly, the average blogger can’t afford to fight their legal goons. In no other field–politics, sports, etc.–do these companies have the automatic ability to shut down free speech.
And no, I don’t support leaking classified documents/info (yet the NY Times does it almost daily).
Mr. Arrington’s Youtube video is a case in point–extremely aggressive.
Didn’t Steve Jobs say from this day forward the company will be known as Apple Inc. not Apple Computers Inc? Why were all of these letters saying they were representing Apple Computers? Shouldn’t they have updated their lawyers of the name change? Or is it just the name change hasn’t officially taken effect?
Worlds most sucessful people , bosses and corporates are bullies. And yes nothing succeeds like success.
@#26, “Proof that those who can, do, those who can’t, copy.”
Is that why the Mac OS is based on Unix?
Perhaps Apple couldn’t develop their own stable code for an OS?
Then along came a company with a vision of “Hey! Let’s make an operating system which will support all generic hardware”
*Poof* an instant market leader due to widespread adoption.
Closed systems will get you nowhere (lesson learned from IBM and the microchannel line of products)
Apple is definitely the Sirius Cybernetics Corporation of our day.
> Jorge
> Apple users are like abused lovers: you can beat them all you want,
> but they’ll never complain, and they’ll even defender the abuser.
An Apple fan once told me: “No one is happier than a willing slave.”