aristotle
Nov 13, 11:26 PM
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.
Which law firm please. We'd all like to know for future reference, who to not trust our cases with. While most law has to do with the letter of the law, jury trials often are won or lost based on what the jury believes to be the intent or spirit of the law.
The british common law legal system was never intended to be like this. The lawyers have destroyed and twisted it beyond all recognition. It was originally supposed to be based on judeo-christian morals and ethics. There is not supposed to be a grey area. You are either deliberately infringing on the rights of others or you are not. The original intent was to have a court case as the last resort where parties would first try to solve the problem by talking to each other, then go to arbitration and then court as a last resort.
*Edit*
Screenshots on other sites show airflow displaying a Firefox icon. That icon is definitely not covered any implied license through use of the API on the mac. Care to explain that to us Mr. Lawyer?
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.
Which law firm please. We'd all like to know for future reference, who to not trust our cases with. While most law has to do with the letter of the law, jury trials often are won or lost based on what the jury believes to be the intent or spirit of the law.
The british common law legal system was never intended to be like this. The lawyers have destroyed and twisted it beyond all recognition. It was originally supposed to be based on judeo-christian morals and ethics. There is not supposed to be a grey area. You are either deliberately infringing on the rights of others or you are not. The original intent was to have a court case as the last resort where parties would first try to solve the problem by talking to each other, then go to arbitration and then court as a last resort.
*Edit*
Screenshots on other sites show airflow displaying a Firefox icon. That icon is definitely not covered any implied license through use of the API on the mac. Care to explain that to us Mr. Lawyer?
LegendKillerUK
Mar 23, 04:52 PM
Surely these apps fall foul of the rule about no lasting entertainment?
They seem pointless if you're already drunk to be able to use it.
They seem pointless if you're already drunk to be able to use it.
Mac'nCheese
Apr 17, 03:30 PM
If you are going to make a claim like that you really should provide a source.
http://www.acsh.org/healthissues/newsid.442/healthissue_detail.asp
http://www.eco-imperialism.com/content/article.php3?id=68
http://winteryknight.wordpress.com/2010/04/25/john-stossel-explains-how-environmentalism-kills-millions-of-people/
http://www.acsh.org/healthissues/newsid.442/healthissue_detail.asp
http://www.eco-imperialism.com/content/article.php3?id=68
http://winteryknight.wordpress.com/2010/04/25/john-stossel-explains-how-environmentalism-kills-millions-of-people/
mrsir2009
Apr 25, 12:03 AM
OP: That lady was driving the speed limit... What the ****s wrong with you?
Platform
Sep 26, 08:58 AM
That artists rendition posted on the front page is pointless. It's not as though that is the actual design. It looks too Nano-ish, and even the Nano look has changed.
Anyway, I'm not excited about an iPhone. It would need to give me at least one neat feature for this to be worth drooling over.
Make a Mother#39;s Day card that
Mother#39;s Day
mother day card ideas. mothers
handmade mothers day cards
Dachshund Mother#39;s Day Card
Mother#39;s Day is coming up this
mothers day cards.
mothers day cards ideas.
mother day card ideas. xx
Mothers Day Card Ideas: sharon
Mothers Day Card Ideas:
mother day card ideas. mothers
mother day card ideas. mothers
mother days card ideas. mother
Anyway, I'm not excited about an iPhone. It would need to give me at least one neat feature for this to be worth drooling over.
toddybody
Mar 30, 12:23 PM
No one refers to McDonald's as Burger Store. Their brand name is so strong that people actually say McDonald's because that logo and name is pretty much seared into everyone head.
You dont say Burger Store? Thats weird. I and everyone I know always say that...like, "hey dude, want to grab a big mac from Burger Store" or "hey, how about a nice Burger Store Egg McMuffin". Get with it dude :p
You dont say Burger Store? Thats weird. I and everyone I know always say that...like, "hey dude, want to grab a big mac from Burger Store" or "hey, how about a nice Burger Store Egg McMuffin". Get with it dude :p
Chris Bangle
Oct 12, 12:26 PM
If it was recorded today, then the audience must know... Im nowhere near America so I cant ask them... Surely someone else apart from this source will confirm it for us... There has to be a few apple fans in the audience....
mac-er
Oct 12, 09:28 PM
well here's the kicker for the fools who fall for these gimmicks.
you can donate directly and it's a tax write off as a charitable contribution.
or, you can buy the same boring lollipop, in 10 different colors, and see this 5% go towards the charity which apple will gladly pony up as it will benefit them after their returns and reports are done.
so i gotta ask, why bother justifying your purchase as "good will"?
why not just call a spade a spade and say...durr durr durrr?
Or, perhaps, if you were going to buy an iPod anyway....some of your money goes to a good cause instead of all going to Apple?
you can donate directly and it's a tax write off as a charitable contribution.
or, you can buy the same boring lollipop, in 10 different colors, and see this 5% go towards the charity which apple will gladly pony up as it will benefit them after their returns and reports are done.
so i gotta ask, why bother justifying your purchase as "good will"?
why not just call a spade a spade and say...durr durr durrr?
Or, perhaps, if you were going to buy an iPod anyway....some of your money goes to a good cause instead of all going to Apple?
Chris Bangle
Oct 12, 01:35 PM
I just saw those mock ups on the appleinsder forum and i say that it looks much better than i imagined it to..... Im quite impressed. They will sell millions of them, good for Apple, but better for africa. Red or blue nano, tough decision.......
EricNau
Sep 19, 11:12 PM
I downloaded 1 movie (FlightPlan) to test the system out, but I won't be buying anymore until it is at least DVD quality (640 x 272 isn't close enough).
It's bad enough buying a movie without a case, hardcopy, or any bonus features, but to top it off, it isn't even DVD quality... and for that I pay $10?
Why is Apple always cutting corners? They get so close to great things, but not close enough.
It's bad enough buying a movie without a case, hardcopy, or any bonus features, but to top it off, it isn't even DVD quality... and for that I pay $10?
Why is Apple always cutting corners? They get so close to great things, but not close enough.
markw10
Sep 14, 11:33 AM
I would imagine with all the competition coming out with Core 2 Laptops Apple is going to have to move soon and it would be in the MBP, not Macbook. yet if there's limited supplies it's not much they can do but I'm kind of shocked they put it in the imac first. Does anyone know of a breakdown in sales of how they sell (the different product lines). Maybe the imac is the largest seller.
corywoolf
Sep 5, 03:32 PM
Showtime is owned by Viacom,who also owns the movie channel and a cable company.
Who also owns the trademark "Mighty Mouse", which Apple licensed. I think he might be onto something. More then likely, the product is called "Showtime".
Who also owns the trademark "Mighty Mouse", which Apple licensed. I think he might be onto something. More then likely, the product is called "Showtime".
JGowan
Oct 27, 12:04 PM
I am so sick of these Greenpeace people -- pushy-shovey types with nothing better to do than harrass people when they're trying to have fun at an Expo. Don't they realize the people they want to convince are huge Apple supporters and enthusiasts -- they don't want to hear some downer telling them negativity about Apple.
Apple might not be at the top of what constitutes eco-friendly for GP, but they're doing ok. In my opinion, when a person buys a computer/ipod/whatever, it's THEIR responsibiity to do something with that's eco-friendly-- if they don't know what that is, then they need to be educated.
Most educated, computer types would be more than happy to do the right thing if they just knew what that was. In fact, the dumb ones would too.
Apple might not be at the top of what constitutes eco-friendly for GP, but they're doing ok. In my opinion, when a person buys a computer/ipod/whatever, it's THEIR responsibiity to do something with that's eco-friendly-- if they don't know what that is, then they need to be educated.
Most educated, computer types would be more than happy to do the right thing if they just knew what that was. In fact, the dumb ones would too.
shervieux
Apr 23, 05:30 PM
That's what's going to happen, I'm sure of it. And I'm honestly kind of impressed that the MacBook Pro still doesn't give you an option to buy one without a DVD drive; I have a 2011 MBP and I swear, it doesn't get any use whatsoever. Apple's obsession with using every square millimeter of space on a portable device apparently ends when it comes to optical disk drives on MBPs.
I'd much rather have additional battery life. QC i7s eat battery for breakfast, even Sandy Bridge.
Normally, I would say I could go either way with the optical drive. But lately, I have been having to burn a lot of CD's and DVD's for people. I would be willing to give up the optical drive for a second hard drive in a MBP. I would want a thunderbolt quad core with 4gb ram. I need a min of 750gb in hard drive space.
If the price of SSD was not so high, I would look into an AIR. A 13-inch quad core air with 4gb ram would be sweet. I just priced out what I would need in an AIR (but drive still too small) and it comes to the price of just getting a MBP.
I'd much rather have additional battery life. QC i7s eat battery for breakfast, even Sandy Bridge.
Normally, I would say I could go either way with the optical drive. But lately, I have been having to burn a lot of CD's and DVD's for people. I would be willing to give up the optical drive for a second hard drive in a MBP. I would want a thunderbolt quad core with 4gb ram. I need a min of 750gb in hard drive space.
If the price of SSD was not so high, I would look into an AIR. A 13-inch quad core air with 4gb ram would be sweet. I just priced out what I would need in an AIR (but drive still too small) and it comes to the price of just getting a MBP.
dvkid
Nov 13, 01:09 PM
Lets see how long they will stay away. There are buckets of DOLLARS waiting to be made in the App Store.
The app talked about in this discussion was free, offered as an added-value feature of the desktop application. While useful, it was never the core feature of the purchased product.
Rogue Amoeba's only other app, a radio tuner, sold for $9.99 but saw only middle of the road reviews and likely did not fare as well as the $1.99 radio apps.
The app talked about in this discussion was free, offered as an added-value feature of the desktop application. While useful, it was never the core feature of the purchased product.
Rogue Amoeba's only other app, a radio tuner, sold for $9.99 but saw only middle of the road reviews and likely did not fare as well as the $1.99 radio apps.
ls1dreams
Apr 25, 04:48 PM
I've been holding out to buy a mac for a long time.
I'm currently using one that my work purchased for me, but am not sure that I could justify buying one on my own just yet.
The buying guide here shows an average of 215 days between releases. However, the latest release was something like 300+ days, so time seems to be increasing.
That said, a new release would be due between late september and mid december.
My guess is that this revision will be the one that finally pushes me over the edge. Why?
- They will almost certainly fix the stupid sharp edge
- The CPU will be fast enough for anything I need for a long time
- It will be the new generation of chassis
- Ivy bridge for lower heat/power consumption
- Lion will be released. I don't want to pay for that upgrade and I absolutely need resizable windows from all edges.
What worries me the most is:
1. Will the 13.3" get discrete graphics? If yes, I'll buy
2. Will the screen be IPS? Probably not a dealbreaker, but important.
I'm currently using one that my work purchased for me, but am not sure that I could justify buying one on my own just yet.
The buying guide here shows an average of 215 days between releases. However, the latest release was something like 300+ days, so time seems to be increasing.
That said, a new release would be due between late september and mid december.
My guess is that this revision will be the one that finally pushes me over the edge. Why?
- They will almost certainly fix the stupid sharp edge
- The CPU will be fast enough for anything I need for a long time
- It will be the new generation of chassis
- Ivy bridge for lower heat/power consumption
- Lion will be released. I don't want to pay for that upgrade and I absolutely need resizable windows from all edges.
What worries me the most is:
1. Will the 13.3" get discrete graphics? If yes, I'll buy
2. Will the screen be IPS? Probably not a dealbreaker, but important.
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.
goodhood
Apr 4, 12:19 PM
If this "mall cop" also happens to be an off-duty police officer moonlighting at a second job, I'm not surprised at the outcome. Police officers are rightfully taught to shoot to kill. A wounded criminal can still kill an officer wheras a dead one cannot. Unfortunate outcome, but the simple truth is don't commit armed robbery.
SeaFox
Apr 22, 10:45 PM
LOL at some of the responses here. Something to think about:
Eraserhead
Apr 18, 11:51 AM
So the US doesnt even have paid holiday from work?
shecky
Sep 14, 10:20 AM
I already did that (explain myself) and you said I was ignorant for doing so - didn't leave me many options, really. :)
mmmmmmmmmmm i just went thru the whole thread and you most certainly have not explained any of your statements, other than saying aperture needed new towers to run properly.
and i want to be clear that i am not neccesarily disagreeing with you, i just want to know why you seem so decisive in your statements with no explantion to them. if you are so sure, i want to know why so i can either agree with you and stop waiting for this ^%$$%#$@#!ing MBP that never seems to get here, or i can disagree and wait until the 24th.
if you are not willing to explain yourself then you are just trolling
mmmmmmmmmmm i just went thru the whole thread and you most certainly have not explained any of your statements, other than saying aperture needed new towers to run properly.
and i want to be clear that i am not neccesarily disagreeing with you, i just want to know why you seem so decisive in your statements with no explantion to them. if you are so sure, i want to know why so i can either agree with you and stop waiting for this ^%$$%#$@#!ing MBP that never seems to get here, or i can disagree and wait until the 24th.
if you are not willing to explain yourself then you are just trolling
M-O
Apr 25, 01:38 PM
The unibody was already a giant leap forward. How much better can Apple get?
that's what i thought about the Aluminum PowerBooks... but i was wrong.
that's what i thought about the Aluminum PowerBooks... but i was wrong.
jonnysods
Apr 14, 01:15 PM
Guys, should I buy now or wa......
chatin
Sep 5, 09:06 PM
They may have partnered with a network like Showtime for a movie library.
1) No HD. Way too much bandwidth here! As someone who edits HD, Mac Pro is underpowered for 1080i. (Not really!)
2) No first run movies like Walmart gets on the day of release. Although I wish, since I was capsized at Amazon, with a wrong version, scratched Poseidon.
But if one of the above proved untrue I would be very happy and start buying like crazy!! :p
1) No HD. Way too much bandwidth here! As someone who edits HD, Mac Pro is underpowered for 1080i. (Not really!)
2) No first run movies like Walmart gets on the day of release. Although I wish, since I was capsized at Amazon, with a wrong version, scratched Poseidon.
But if one of the above proved untrue I would be very happy and start buying like crazy!! :p