The facts around this story just seem all wrong. If anyone will send me the original link and screenshot, I’ll happily post this at TechCrunch. Apple can come after us if they like. It doesn’t sound like Apple has any legal standing at all to demand this information be removed.
Update: Ok, we have the image up at TechCrunch, but are still looking for a link to the software. Frankly, it’s perfectly within Apple’s rights to have the software removed, but it is not appropriate to send cease & desist letters to bloggers who are simply covering this story.
because I seem to be the only able to dig this out here you go
http://www.redmondgadgets.com/Home/tabid/147/rssentryid/247/Default.aspx
your have to be quick before they go after this.
I can’t believe they went after this.
Mike, I saved copies of the images from that feed here:
http://images.scripting.com/archiveScriptingCom/2007/01/13/screen1.jpg
and
http://images.scripting.com/archiveScriptingCom/2007/01/13/screen2.jpg
http://www.redmondgadgets.com/Portals/7/Windows_Mobile/post-1-1168621012.jpg
So Apple doesn’t own the icons used on the iPhone images on their website and anyone can clip them out in Photoshop and post them on their revenue-generating website, including Microsoft MVPs who receive indirect (and possibly direct) compensation from Microsoft?
That’s not a sarcastic or rhetorical question, I’m seriously asking.
Copyright exists on images.
If the WM5 theme used similar but original icons then that would be fine, but pixel for pixel bitmap copies are a bit on the (c) infringing side.
But let their lawyers have their fun with the small fry before getting into the main course of Cisco.
Anyway, what I love (and what Apple must hate) is the claims on the Windows Mobile theming forum that you can make your device JUST LIKE Apple’s by applying the theme.
It typifies the Windows mindset so well: all you need to make your software better is a flashier icon! It’s the strategy of Vista laid bare.
The issue I’m raising is whether or not bloggers can report on this. See http://en.wikipedia.org/wiki/Fair_use
I would say bloggers CAN report on it… Apple is going too far with the C&D’ing those who are only reporting. Since I just seen the story pop up on the main TechCrunch page, I wonder how long it will be until you (Mike) receive the same C&D…
Not a good way to win fans, Apple…
Of course bloggers can report on this. It’s this type of bully positioning that makes me glad (among other reasons) that I no longer practice law.