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View Full Version : Who stole goods?


Joep
2004-12-18, 09:41
check this out... CNet News Apple sues before Macworld (http://news.com.com/Apple+sues+over+online+product+leaks/2100-1041_3-5496099.html?tag=nefd.top)

I wonder what peice of hardware they are sueing over? the new iPhone or Flash iPod? or something totally different.

Barto
2004-12-18, 10:30
Presumably AppleInsider/Nova WON'T be making global news this time around.

DMBand0026
2004-12-18, 12:55
I don't think it was anyone here. And it's my understanding that Workerbee was hanged ;)

Brad
2004-12-18, 13:04
Besides, it's not like AI/AN/MacRumors/ThinkSecret has ever really been prosecuted for any of this kind of mess. Apple sends out C&Ds to rumor sites like candy to trick-or-treaters. They're just lot of hollow threats.

It's the leaks themselves, the employees at Apple or other manufacturers, that are the true targets of these investigations and lawsuits.

LoCash
2004-12-18, 13:17
Actually, we did receive a letter from Apple asking to remove certain forum threads, but I've been informed that we legally should have no obligation to do so at this point in time.

Enki
2004-12-18, 13:26
Cool heads. Good to see.

DMBand0026
2004-12-18, 13:29
Actually, we did receive a letter from Apple asking to remove certain forum threads, but I've been informed that we legally should have no obligation to do so at this point in time.

Why not? Is it because we're not under NDA?

Paul
2004-12-18, 18:11
probably because AN has nothing to do with the content in the forums... I'd be interested to know which threads tho...

byzantium
2004-12-18, 19:03
If you yourself have not signed a NDA with Apple, then no, you are not under NDA. If someone tells you something - it is them who have broken an agreement; you're in the clear.

johnq
2004-12-18, 19:14
I think it was my mockup. :D

http://www.nullface.com/ai/podphone.jpg

Ohh, ohh, I wanna be sued, I wanna be sued. It'd mean I was right ;)

I really just want a plain-old color iPod with cellphone built-in and Jabra-fied earbuds.

TednDi
2004-12-18, 20:39
wasn't me

I just dream big apple dreams.

ps. keep the phone unlocked and gsm please!

psmith2.0
2004-12-18, 22:34
I'm thinking it's that GarageBand interface device. :o

drewprops
2004-12-19, 00:34
What a suck-o job for some legal assistant who probably doesn't give two hoots and a holler about computers. Imagine it being your JOB to slog through a messageboard with nerds slobbering over machines. Dude (or Chicky), you have my pity and my apologies. At least we're providing you with employment.

AppleNerds : Creating Jobs for Lawyers Since 1984

Enki
2004-12-19, 02:22
I'm thinking it's that GarageBand interface device. :o

Probably a good guess. Close enough to MWSF now to not give too much away to competitors in the lawsuit either. Just the last thing for the legal team to do before dealing with more family drive-bys during the Xmas overtime periods.

LoCash
2004-12-19, 04:22
I honestly cannot remember what threads I was asked to remove, but I'll tell you what I told Eric.... I'm fairly sure it was the iPod Flash thread as well as a thread about a breakout box to Garage Band.

Don't quote me on that, it's just what I remember Nick telling me in bed before we, you know... :p

God, heh

Brad
2004-12-19, 09:22
What a suck-o job for some legal assistant who probably doesn't give two hoots and a holler about computers. Imagine it being your JOB to slog through a messageboard with nerds slobbering over machines...

http://www.penny-arcade.com/images/2004/20041029l.jpg

:)

Powerdoc
2004-12-19, 16:02
Apple canno't do anything against sites like AN.

But they find a way to shut up the french site Mac Bidouille. Mac Bidouille do not publish anymore rumors. They where not threaten legally, but certainly Apple find a way to convice them, to stop displaying rumors.

For example, MacBidouille recieve money from Apple each time people buy an Apple product via MacBidouille's link to the Apple store. Apple has the right to stop this deal anytime. This could be used by Apple.
Officialy Lionel the chief editor declared that they did not recieved any pressure to stop rumors, but I have an huge doubt here.

DMBand0026
2004-12-20, 00:40
There is a difference between a rumor site and a forum. We're not a rumor site. Something like MacRumors.com could possibly be hit with a C&D order because they publish things. We're not publishing anything per-say, just discussing what might be :)

Barto
2004-12-20, 00:55
I'm sure there exist circumstances where the AN operators would be forced to remove posts. Example: the leaked PMG4 Cube photos from way back. If someone posted copyright infringing photos of unreleased products then I'm pretty sure AN would have to remove the post(s).

Of course in the above example it wouldn't be long before pscates would post an awesome artist's rendition! :D

psmith2.0
2004-12-20, 10:03
I've wondered about that very thing (I'm not a lawyer, nor do I play one on TV).

On a couple of occasions, I've made some drawings based on a photo. Those drawings were posted (most here have seen them, even the G5 internal redesign that proved to not be accurate).

Is that the same thing? Does the site still get told to "remove it"? Is a drawing based on a photograph treated the same as the photo itself?

Am I on the hook for anything? I can't go to the joint...I'll get passed around like Thanksgiving gravy.

Enki
2004-12-20, 13:25
Nobody can force any site to do anything legally, unless the site publisher themselves have committed a crime. It is all about bluff bravado and threat, unless there is some other sort of direct relationship that can be leveraged by the folks wanting something removed, like Apple-MB.

Kickaha
2004-12-20, 13:33
Of course, a costly and lengthly lawsuit can *always* be brought against any party, regardless of whether they did anything against the law. I'll take a random guess here, but I'd say that Apple has more cash to throw at a group of lawyers than AN does.

Enki
2004-12-20, 22:22
Hence why bluff and bravado normally works. It's an old tactic even if it is unethical.

HOM
2004-12-21, 01:00
Um, I don't want to ruffle any feathers or bring up any touchy subjects but...

Link (http://www.macobserver.com/article/2004/12/20.7.shtml)

In its request to serve the subpoenas, Apple contends PowerPage.com published information on "Asteroid" or "Q97" on November 19, 22, 23, and 26, 2004 and requested documents, images and communications be turned over to help identify the person or persons who leaked details of the un-announced product. The application also asked evidence be turned over from owners of AppleInsider.com after it reported news of the un-announced product on November 23 and from ThinkSecret.com, who Apple contends reported similar news on November 24 through an affiliated message board of AppleNova.com.

Names of individuals who might possess information regarding those who alledgedly leaked the product information include "Jason O. Grady," "Kasper Jade," "Paul Scates," and "Bob Borries".

:confused:

drewprops
2004-12-21, 02:43
Well crap you guys. It's all fun and games until somebody pokes out an eye.

Then it's a lawsuit.

Paul's just an illustrator, and I'm not sure if I've seen any of his illustrations portraying any kind of firewire garageband doohickey. I guess I'd be more interested if I could get garageband to play on my G3 iBook that's due a recall repair.

With apologies to Ferris,
Save Pscates!

LoCash
2004-12-21, 02:49
Nobody ever directly contacted the owner of this site (Me) about this. I heard about it through Nick. As has been mentioned here before, I just provide a service for people to have a discussion. If someone wrote, in detail, how to make viagra in a bathroom stall of a bar, could you really sue the bar for providing the bathroom stall in the first place?

Furthermore, 'scates never signed any sort of NDA with Apple and doesn't know anything about any pre-release product... anything he has said on here was either speculation or continued discussion based on information reported throughout various web sites. If Apple really wants to go down that road with me, they're more than welcome to. I'll give them the number of our lawyer.

Until then, they need to change their panties.

Mac+
2004-12-21, 04:35
wow - I don't know whether he ever craved this - but it looks like our good friend pscates2.0 is infamous! :err: Maybe he should alter his signature to reflect his new standing? ;)

btw - imagine if it was M'tosh whose name was on those legal papers - all his hopes of ever working for Apple would have gone down the drain. :|

"I want you to know this is going on your permanent record." :devil:

Barto
2004-12-21, 06:47
Post already pscates! We want to know if you're slightly bemused or shit your pants!

Am I on the hook for anything? I can't go to the joint...I'll get passed around like Thanksgiving gravy.

Barto
2004-12-21, 06:58
Presumably AppleInsider/Nova WON'T be making global news this time around.

Guess I was wrong. :lol:

A quick search revealed this (http://forums.applenova.com/showthread.php?t=2680) as the (Apple) offending thread. The thread consists of Mac+ quoting the AppleInsider article in its entirety followed by some radio-DJ banter between Mac+ and pscates.

I can't see for the life of me what Apple read into it.

byzantium
2004-12-21, 07:35
A blog talking about the rumored breakout box (http://www.jakesavin.com/2004/11/24#a137)

And this product release (http://www.miglia.com/products/audio/harmonyaudio/index.html) a few days ago probably didn't help their temperment.

Chinney
2004-12-21, 10:07
Well at least we know that Steve is reading us. I thought that he just hung around AI. :lol:

psmith2.0
2004-12-21, 10:25
Post already pscates! We want to know if you're slightly bemused or shit your pants!

:)

I guess more bemused than anything?

I didn't do anything wrong, or bad. I just drew a box, based on a weird little multi-colored box I saw somewhere else (was it powerpage.org?). As LoCash said, I've never signed any NDA. Nor do I have any inside scoop, or contacts or secret sources at Apple or at any of their partners/manufacturing companies.

:(

Apple is welcome to contact me, and ask me anything. I've got nothing to hide, no sources to protect, etc. I'm not in that loop, and don't run in those circles (insiders, leakers, spies, digruntled Cupertino types, etc.). I just made a drawing, like I've done - here and elsewhere - gazillions of times.

Everyone knows what I do, and the reasons I do it (my own jollies, etc.).

I was asked to do a nicer drawing, based on that other one (the weird, multi-colored, Fisher-Price-looking thing...blue, purple, red, etc.). I simply used that as a starting point, and just made it look more "Apple-y" (white, rounded corners, etc.), and guessing at the ports (they just looked like audio plug-ins to me). That was the only reference/source I had, and I just winged it. Nothing else was provided to me, nor did I even ask. That stuff doesn't interest me (audio/recording gear).

It was just an excuse to get to work in Illustrator for a little while.

:p

I'm not even 100% sure what it's all about, not being a hardcore digital recording guru? Plug a microphone or something into it? A guitar? I don't sing and don't even own an electric guitar...I had no plans to buy one anyway.

:D

That is the extent of my involvement, knowledge, etc. of the thing, straight up.

That's what I'll say to anyone, because it's so. Coming after me, in any hardcore, vicious way, will be a complete waste of time because I'm about as much out of the loop as a guy can get. If Apple wants to know anything from me, they can contact me...or they can read this post.

Not a false word in it.

:)

Ghstmars
2004-12-21, 10:36
' cates i have been watching these boards for a while, and all i can do is
sing you praise. Your artistic talent is very high indeed, and for apple to
come down on you is just b.s.Keep on doing what you do , and do not let this deter you frm providing us with those great renditions of rumored hardware. Heck apple should just hire you and there you go problem solved. How about that? BUDDY!!!! ;) :smokey:

Chinney
2004-12-21, 10:44
I think that ‘scates should consider it a compliment. I think that some of his mock ups – and not just this one – have been good enough to be Apple products. Certainly Apple has noticed his work now.

I agree with the last comment: Apple should hire him…. How much do they pay? :)

psmith2.0
2004-12-21, 10:58
Oh, I don't think they're coming down on me at all. I don't feel bad, worried or "picked on", in the least. It just said I'm "named" - along with a few other folks - as someone who MIGHT know the source of the real leak.

Well...I don't. So that's pretty much the end of it, as it concerns me.

The only reason I'm "named" is probably because I slugged the drawing with my name and e-mail, like I do everything I draw for circulation (so I get get proper credit, and so that I can receive input and comments from folks if they feel like dropping me a line). Apple probably just assumes I'm in the mix, what with my name appearing and all.

I can't speak for the other guys, but I'm an empty well...my only involvement is outlined in my previous post. I don't know what they'd want from me, other than to perhaps hear me say it "officially", to them? Got no problem with that.

I'm easy to contact, for anyone truly inclined.

Mac+
2004-12-21, 18:46
Guess I was wrong. :lol:

A quick search revealed this (http://forums.applenova.com/showthread.php?t=2680) as the (Apple) offending thread. The thread consists of Mac+ quoting the AppleInsider article in its entirety followed by some radio-DJ banter between Mac+ and pscates.

I can't see for the life of me what Apple read into it. :eek: Geez - glad I didn't mention the name of the email list (seriously) or the "other site". :rolleyes:

And, damn that banter is LAME. :no: (it was a pain to re-read)

Btw, 'scates, I'd love to see you score a job out of all this too. Drawing in "Illustrator" is obviously a passion of yours - you should be rewarded for it! :)

Mac+
2004-12-21, 18:53
PS - Mr Hargitay now ... nice choice. ;)