cmaier
Nov 13, 10:43 PM
You're absolutely right, which means, unless you OWN or LICENSE the icons from Apple, you can't use them. That's what copyright infringement means.
Not quite. There are at least two other options. Fair use, and exhaustion/implied license/first sale doctrine.
The use is almost certainly fair use, and Apple's rights may very well be exhausted under the first sale doctrine. It's a thorny question of law since there is nothing in the Mac OS license that makes it clear what you can do with those icons. Apple would have been better off putting something in the development agreement about not being able to use representations of Macs, etc. But they didn't.
So your argument is that since a court of law would find this to be copyright infringement, it's covered by the development agreement.
My opinion, as an I.P. lawyer, is that it's not at all clear that it's copyright infringement, that most people would think it probably isn't, and that therefore the development agreement does not at all clearly forbid this sort of thing.
P.S.: You're saying developers just need to read the agreement. I'm saying they need to read the agreement, go to law school, and guess how Apple will interpret the facts.
Not quite. There are at least two other options. Fair use, and exhaustion/implied license/first sale doctrine.
The use is almost certainly fair use, and Apple's rights may very well be exhausted under the first sale doctrine. It's a thorny question of law since there is nothing in the Mac OS license that makes it clear what you can do with those icons. Apple would have been better off putting something in the development agreement about not being able to use representations of Macs, etc. But they didn't.
So your argument is that since a court of law would find this to be copyright infringement, it's covered by the development agreement.
My opinion, as an I.P. lawyer, is that it's not at all clear that it's copyright infringement, that most people would think it probably isn't, and that therefore the development agreement does not at all clearly forbid this sort of thing.
P.S.: You're saying developers just need to read the agreement. I'm saying they need to read the agreement, go to law school, and guess how Apple will interpret the facts.
ayzee
Mar 24, 06:32 PM
Wirelessly posted (Mozilla/5.0 (iPhone; U; CPU iPhone OS 4_3 like Mac OS X; en-us) AppleWebKit/533.17.9 (KHTML, like Gecko) Version/5.0.2 Mobile/8F190 Safari/6533.18.5)
Nice to see a substantial rumor to keep us going for the next few weeks. I've been waiting to upgrade from my 2008 C2D iMac for the last 6 months.
I have a plasma running off my iMac for home theatre purposes, and I must say it really struggles now with 1080p content. iMovie is unusable and my big iphoto library freezes constantly. When trying to access My 1.5TB iTunes library the beachball greats me with every click.
Still this iMac would be perfect for your average user.
My biggest wish would be the SSD for a quick start up, I just hate to see 1k worth of kit being sluggish!
I also love the way the apple displays look, if apple could somehow rid the iMac of the aluminium chin it would look so much better
They should also come with 8gb ram as standard, especially the i7
Nice to see a substantial rumor to keep us going for the next few weeks. I've been waiting to upgrade from my 2008 C2D iMac for the last 6 months.
I have a plasma running off my iMac for home theatre purposes, and I must say it really struggles now with 1080p content. iMovie is unusable and my big iphoto library freezes constantly. When trying to access My 1.5TB iTunes library the beachball greats me with every click.
Still this iMac would be perfect for your average user.
My biggest wish would be the SSD for a quick start up, I just hate to see 1k worth of kit being sluggish!
I also love the way the apple displays look, if apple could somehow rid the iMac of the aluminium chin it would look so much better
They should also come with 8gb ram as standard, especially the i7
hotshotharry
Nov 13, 01:56 PM
My only complaint about apple is their overprotective nature regarding the iPhone ! It's perhaps the single biggest reason why people are reluctant to switch! Many of my friends feel that paying a premium and not being allowed to do what they want is a deal breaker! I understand that apple needs to protect it's user experience but as an advanced user I find myself becoming more frustated at the lack of flexibility!
I believe that this aspect will be apples biggest problem! I mean ... Just let me do what I want ! I am even willing to click a pop up that says you might f up your phone and have to restore it if you do this !
I applaud the developers for taking a stand! It's a great platform! But has fundamental flaws that need to be fixed before it can be truly great !
I think actually I'm going to fill in some feedback forms for apple saying just that! I encourage all of you to do the same !!!!
I believe that this aspect will be apples biggest problem! I mean ... Just let me do what I want ! I am even willing to click a pop up that says you might f up your phone and have to restore it if you do this !
I applaud the developers for taking a stand! It's a great platform! But has fundamental flaws that need to be fixed before it can be truly great !
I think actually I'm going to fill in some feedback forms for apple saying just that! I encourage all of you to do the same !!!!
aswitcher
Aug 31, 06:05 PM
...and 5 years later,
5 year anniversary iPod...of course.
5 year anniversary iPod...of course.
tonkaxxtuph
Mar 30, 11:46 AM
This whole thing is getting silly. Seriously MS, do something better with your money.
Macnoviz
Sep 26, 07:39 AM
I see, another "we'll start in US and maybe in the future do something for the rest of the world, too" product.
Well, good luck finding an exclusive deal in Belgium, you can't "lock" cell phones here, we believe in choice. Hopefully it will be GSM (100 % coverage)
Well, good luck finding an exclusive deal in Belgium, you can't "lock" cell phones here, we believe in choice. Hopefully it will be GSM (100 % coverage)
Compile 'em all
May 3, 10:23 AM
So when is the ACD gonna support thunderbolt?
DrDomVonDoom
Apr 11, 02:27 AM
I can only imagine Steve Jobs hunched over his desk like in 'Pirates of Silicon Valley" and screaming "YOUR STEALING FROM ME!!!!" lol.
Otherwise awesome news.
Otherwise awesome news.
addicted44
Apr 22, 10:16 AM
The idea must delight at&t. Data charges will be very high
What about those many places where 3G is not available
....weak reception areas
....no reception areas
....airplanes, subways,...
Use the album that you downloaded, and synced onto your phone/iPod.
There is NO indication that Apple will not be letting you still download your music. This is a service in ADDITION to what you can already do.
Why is this so hard to grasp?
What about those many places where 3G is not available
....weak reception areas
....no reception areas
....airplanes, subways,...
Use the album that you downloaded, and synced onto your phone/iPod.
There is NO indication that Apple will not be letting you still download your music. This is a service in ADDITION to what you can already do.
Why is this so hard to grasp?
macsnjets
Sep 12, 02:18 PM
Now what do I do, I've been waiting since Christmas and this is what I get..UGGGHHHH ? Where is my widescreen iPod Steve ?
crees!
Sep 5, 01:36 PM
Apple seems to agree with you. They want you to buy lifestyle products that complement your Mac and the iLife apps, as opposed to a sepearte 'Media Center' type hardware.
Yes, and watch that be a beefed up version of Front Row. But, then what would our Microsuck friends use?
Yes, and watch that be a beefed up version of Front Row. But, then what would our Microsuck friends use?
Avalontor
Apr 28, 07:30 PM
Really? I mean really? Zune? You forgot to write down Vista too kid. LOL!
Vista still has a larger market share then OSX.
Vista still has a larger market share then OSX.
kettle
Oct 28, 03:19 AM
Thats the difference between the US and UK, we dont have your gun culture:mad:
That's so patronising. Are you saying that Britain has never had a gun culture or just you narrow experience of the world leads you to believe this to be the case? Either way, you seem to have missed the not so gradual slide of Great Britain into a cowering corner of the United States of Europe.
There are two ways of law. Do what you like until a so called democracy decides what is against the law - or - Everything is against the law until a so called democracy decides what isn't illegal.
The UK used to have the former (something to do with the magna carte:rolleyes:) and now we are headed in the other direction where small groups of noisy fascists (of all political persuasion) seem to think it's ok to bypass our once great legal and government system and force changes with who shouts loudest television media.
BTW, what's the difference between 'gun culture' & the 'right to bare arms'
To me it's that same dynamic that allows Greenpeace to fake and replace information with their own doctored information and spin.
I'm sick of the way people think it's ok to 'skip around' the few basic but important rules that once held us altogether. It's not enough to be doing it in the name of a so called 'good cause'.
That's so patronising. Are you saying that Britain has never had a gun culture or just you narrow experience of the world leads you to believe this to be the case? Either way, you seem to have missed the not so gradual slide of Great Britain into a cowering corner of the United States of Europe.
There are two ways of law. Do what you like until a so called democracy decides what is against the law - or - Everything is against the law until a so called democracy decides what isn't illegal.
The UK used to have the former (something to do with the magna carte:rolleyes:) and now we are headed in the other direction where small groups of noisy fascists (of all political persuasion) seem to think it's ok to bypass our once great legal and government system and force changes with who shouts loudest television media.
BTW, what's the difference between 'gun culture' & the 'right to bare arms'
To me it's that same dynamic that allows Greenpeace to fake and replace information with their own doctored information and spin.
I'm sick of the way people think it's ok to 'skip around' the few basic but important rules that once held us altogether. It's not enough to be doing it in the name of a so called 'good cause'.
obeygiant
Apr 10, 08:26 PM
LA Times (http://www.latimes.com/business/la-fi-ikea-union-20110410,0,4172495,full.story)
Well, the right has gotten what it wants. Low wages, no benefits, non-union jobs.
What next? Reintroduction of slavery?
Current and former plant employees said they resented the unpredictable work hours and high-pressure atmosphere. The plant assesses penalty points for violations of work rules; workers who accumulate nine of them can be fired.
"It's the most strict place I have ever worked," said Janis Wilborne, 63, who worked at the plant for two years and quit last year.
Six African American employees have filed discrimination complaints with the Equal Employment Opportunity Commission, claiming that black workers at Swedwood's U.S. factory are assigned to the lowest-paying departments and to the least desirable third shift, from 11 p.m. to 7 a.m.
"If we put in for a better job, we wouldn't get it � it would always go to a white person," said Jackie Maubin, who worked the night shift in the packing department until last year, when she was fired on her birthday.
Swedwood has been trying to settle four of the discrimination complaints through mediation. The company initially offered Maubin $1,000. She settled for $2,000. She said she needed the money to keep her car from being repossessed.
This sounds like IKEA is the one being a bitch.
Some of the Virginia plant's 335 workers are trying to form a union. The International Assn. of Machinists and Aerospace Workers said a majority of eligible employees had signed cards expressing interest.
In response, the factory � part of Ikea's manufacturing subsidiary, Swedwood � hired the law firm Jackson Lewis, which has made its reputation keeping unions out of companies. Workers said Swedwood officials required employees to attend meetings at which management discouraged union membership.
Plant officials didn't return calls and declined to meet with a Times reporter who visited the Virginia facility. Swedwood spokeswoman Ingrid Steen in Sweden called the situation in Danville "sad" but said she could not discuss the complaints of specific employees. She said she had heard "rumors" about anti-union meetings at the plant but added that "this wouldn't be anything that would be approved by the group management in Sweden."
I can't see how this is "the right's" fault. If so, why doesn't "the left" step in a help out?
Well, the right has gotten what it wants. Low wages, no benefits, non-union jobs.
What next? Reintroduction of slavery?
Current and former plant employees said they resented the unpredictable work hours and high-pressure atmosphere. The plant assesses penalty points for violations of work rules; workers who accumulate nine of them can be fired.
"It's the most strict place I have ever worked," said Janis Wilborne, 63, who worked at the plant for two years and quit last year.
Six African American employees have filed discrimination complaints with the Equal Employment Opportunity Commission, claiming that black workers at Swedwood's U.S. factory are assigned to the lowest-paying departments and to the least desirable third shift, from 11 p.m. to 7 a.m.
"If we put in for a better job, we wouldn't get it � it would always go to a white person," said Jackie Maubin, who worked the night shift in the packing department until last year, when she was fired on her birthday.
Swedwood has been trying to settle four of the discrimination complaints through mediation. The company initially offered Maubin $1,000. She settled for $2,000. She said she needed the money to keep her car from being repossessed.
This sounds like IKEA is the one being a bitch.
Some of the Virginia plant's 335 workers are trying to form a union. The International Assn. of Machinists and Aerospace Workers said a majority of eligible employees had signed cards expressing interest.
In response, the factory � part of Ikea's manufacturing subsidiary, Swedwood � hired the law firm Jackson Lewis, which has made its reputation keeping unions out of companies. Workers said Swedwood officials required employees to attend meetings at which management discouraged union membership.
Plant officials didn't return calls and declined to meet with a Times reporter who visited the Virginia facility. Swedwood spokeswoman Ingrid Steen in Sweden called the situation in Danville "sad" but said she could not discuss the complaints of specific employees. She said she had heard "rumors" about anti-union meetings at the plant but added that "this wouldn't be anything that would be approved by the group management in Sweden."
I can't see how this is "the right's" fault. If so, why doesn't "the left" step in a help out?
Jimmieboy
Sep 14, 01:21 AM
I like the 8801, but I definitely think it's overpriced at $399. You could get a Sidekick 3 prepaid for that price.
Sure is overpriced! Over in Australia it's around $1200. The one good thing I liked was the diamond coated dsiplay. It was scratch proof. Maybe apple should diamond coat their iphone! :p
EDIT: Actually I just did a bit of research. I think my claim that they diamond coated their displays is false. No one take my word on it.
Sure is overpriced! Over in Australia it's around $1200. The one good thing I liked was the diamond coated dsiplay. It was scratch proof. Maybe apple should diamond coat their iphone! :p
EDIT: Actually I just did a bit of research. I think my claim that they diamond coated their displays is false. No one take my word on it.
dsnort
Sep 19, 06:26 PM
I can't wait until I can get access to movies from around the world instead of just insipid Hollywood crap.
And a hearty Amen and hell yeah for that!
And a hearty Amen and hell yeah for that!
PlaceofDis
Sep 26, 07:20 AM
Darn, was really hoping for T Mobile compatibility. Oh well, guess this was pretty expected. What about all the CDMA customers? After 6 months? Never? :confused:
well technically depending on how its implemnted... Cingular is GSM just like T-Mobile, which means that depending upon access and the way the phone is 'locked' it will work with T-Mobile too. i have T-Mobile and of course i didn't ever expect Apple to go with them, they just aren't big enough, but Cingular is, i just hope that Apple sells unlocked versions even if its at a premium, or that you can buy an unlocked version from Cingular.
well technically depending on how its implemnted... Cingular is GSM just like T-Mobile, which means that depending upon access and the way the phone is 'locked' it will work with T-Mobile too. i have T-Mobile and of course i didn't ever expect Apple to go with them, they just aren't big enough, but Cingular is, i just hope that Apple sells unlocked versions even if its at a premium, or that you can buy an unlocked version from Cingular.
Popeye206
Mar 23, 05:22 PM
Don't pull it!!!!!
I'm NOT in favor of drinking and driving, but I am in favor of freedom. I don't like the idea of ANY government control over things like this. Too many darn laws to begin with.
I downloaded this app. It's pretty cool! The DUI thing is like the least useful. There is all sorts of good traffic info on this app. Love it!
I'm NOT in favor of drinking and driving, but I am in favor of freedom. I don't like the idea of ANY government control over things like this. Too many darn laws to begin with.
I downloaded this app. It's pretty cool! The DUI thing is like the least useful. There is all sorts of good traffic info on this app. Love it!
samiwas
Apr 18, 03:52 PM
The very fact that people think they "deserve" vacation days is mind-boggling. Why should you "Deserve" to get paid a single dime you did not earn?
I work about 60% self-employed free lance, and 40% at my old "day job". Guess what. Neither one offers me "vacation days". Am I miserable? Hardly!
If I want a vacation day, I simply do not work. That also means I do not get paid. It would seem mighty pretentious of me to be expect pay for work not done.
If you want a job with more vacation days, FIND ONE! no one owes you a darn thing, certainly not pay for days off.
The very fact that employers think that employees "should" work even one minute more than what they are paid to is mind-boggling. Why should they "expect" that the employee will give his time willingly for no extra?
If they want the project manager to work past 5pm, they simply must pay. if they need him to come in on Saturday to work on that new addition to the project, they must pay. It would seem mighty pretentious of them to expect to not pay for work done.
If they want employees to work non-stop, PAY FOR IT. No one owes their employer a darn thing except exactly what is required in the job during the hours agreed upon.
See how that works?
edit: funny that the US is pretty much the ONLY developed country on earth where benefits are seen as egregious handouts if you are a typical rank and file worker. But, we're #1, right?
I work about 60% self-employed free lance, and 40% at my old "day job". Guess what. Neither one offers me "vacation days". Am I miserable? Hardly!
If I want a vacation day, I simply do not work. That also means I do not get paid. It would seem mighty pretentious of me to be expect pay for work not done.
If you want a job with more vacation days, FIND ONE! no one owes you a darn thing, certainly not pay for days off.
The very fact that employers think that employees "should" work even one minute more than what they are paid to is mind-boggling. Why should they "expect" that the employee will give his time willingly for no extra?
If they want the project manager to work past 5pm, they simply must pay. if they need him to come in on Saturday to work on that new addition to the project, they must pay. It would seem mighty pretentious of them to expect to not pay for work done.
If they want employees to work non-stop, PAY FOR IT. No one owes their employer a darn thing except exactly what is required in the job during the hours agreed upon.
See how that works?
edit: funny that the US is pretty much the ONLY developed country on earth where benefits are seen as egregious handouts if you are a typical rank and file worker. But, we're #1, right?
MagnusVonMagnum
Apr 17, 10:16 PM
There's such a thing as 'audiophile' (i.e. akin to fanboy, IMO) and HiFi (i.e. REAL improvements). I believe in the latter and put my money THERE, not magic tricks. And again, there is no shame or 'BS' about my delivery system. What is a shame is that you feel the need to blast something you don't seem to have even tried. There is no limitations with audio an iTunes that I can see. Other than FLAC or Orbis (I don't need either), what's missing? It does MP3, AAC and Apple Lossless.
As for 720p, I could go into scalers and why 720p looks bad on many cheap-o 1080p sets (same reason any resolution less than native looks bad on monitors that don't have high quality scalers; my $600 LG 24" looks GREAT at all resolutions. My $300 LG 24" looks like blurry crap at anything other than native. Look into it. It's why you think 720p sucks. Look up eye resolving distance and you'll see everything I said is 100% true. Watching 1080p on a 42" set is POINTLESS at more than 6 feet or so. You cannot see more than 720p at that distance on that size set, PERIOD. That's not my opinion. It's SCIENCE. And no I don't have to play with 'channels' on my router. I don't know WTF you get these odd ideas from. I just select either 2.4 or 5.0 GHz and it goes without a hitch.
Anyway, have fun with your system. I don't feel like sitting here putting it down just for the heck of it. I wouldn't touch Sonos with a 10 foot pole, personally (obscenely overpriced for what you get, IMO...a lot like Bose really). But if you enjoy it, that's all that matters.
As for 720p, I could go into scalers and why 720p looks bad on many cheap-o 1080p sets (same reason any resolution less than native looks bad on monitors that don't have high quality scalers; my $600 LG 24" looks GREAT at all resolutions. My $300 LG 24" looks like blurry crap at anything other than native. Look into it. It's why you think 720p sucks. Look up eye resolving distance and you'll see everything I said is 100% true. Watching 1080p on a 42" set is POINTLESS at more than 6 feet or so. You cannot see more than 720p at that distance on that size set, PERIOD. That's not my opinion. It's SCIENCE. And no I don't have to play with 'channels' on my router. I don't know WTF you get these odd ideas from. I just select either 2.4 or 5.0 GHz and it goes without a hitch.
Anyway, have fun with your system. I don't feel like sitting here putting it down just for the heck of it. I wouldn't touch Sonos with a 10 foot pole, personally (obscenely overpriced for what you get, IMO...a lot like Bose really). But if you enjoy it, that's all that matters.
milo
Aug 29, 07:49 AM
.
whooleytoo
Mar 30, 12:45 PM
If Apple wins this argument, obviously that would prevent MS from calling theirs the "App Store" - but can they still use the phrase descriptively? I.e. "Welcome to App Market, Microsoft's app store."
If they can't (and Microsoft, Google, Blackberry etc. all trademark the others, App Shop, App Market etc.), then how do you describe what the App Store/App Shop is? I can't think of a more generic variant which could be used to describe it. "Windows" is an OS. "Internet Explorer" is a browser. "Office" is an application suite. "App Store" is...errr... an app store.
If they can't (and Microsoft, Google, Blackberry etc. all trademark the others, App Shop, App Market etc.), then how do you describe what the App Store/App Shop is? I can't think of a more generic variant which could be used to describe it. "Windows" is an OS. "Internet Explorer" is a browser. "Office" is an application suite. "App Store" is...errr... an app store.
baxterbrittle
Aug 31, 11:39 AM
I don't care what it is, just give us something new to talk about. Mac Pro really nice machine but we saw it coming months in advance. Maybe not he exact spec but yeah we all knew it was coming. Same with Merom, Conroe etc... Give us something new, really new. All we have had for what seems like an age is Intel switch this Intel switch that. I don't care what processor they use as long as they are faster than they were before and it's still a Mac. I want nay, need a new product - something so I know that Apple are still innovating. Switching to Intel, no innovation there just good sense.
1984
Sep 14, 04:51 AM
My wife busted her phone today, and called me for a recommendation. All she wants as a Mom is a phone with a long battery life and great reception.
She left the Cingular store with a crappy phone with a million features she will never use.
It's too bad the Motorola MOTOFONE (http://www.motorola.com/motoinfo/product/details.jsp?globalObjectId=164) isn't available yet. It would have been perfect. A phone where battery life, reception and ease of use are the main features? Finally some gets it.
She left the Cingular store with a crappy phone with a million features she will never use.
It's too bad the Motorola MOTOFONE (http://www.motorola.com/motoinfo/product/details.jsp?globalObjectId=164) isn't available yet. It would have been perfect. A phone where battery life, reception and ease of use are the main features? Finally some gets it.
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