Gizmodo: copyrights

Running Out of Options, Psystar Challenges OS X Copyrights

John Herrman — Tue, 23 Dec 2008 07:30:32 EST

In the latest bizarre turn in a protracted, anything-goes legal battle, Psystar is basically claiming that Apple doesn't own the copyright for OS X. Sound unlikely? It probably is.

According to court papers filed on Psystar's behalf:

Apple is prohibited from bringing action against Psystar for the alleged infringement of one or more of the plaintiff's copyrights for failure to register said copyrights with the copyright office as required.

Not ~~possessing~~ having registered a copyright for the OS would make it kind of hard to enforce one, and would undermine Apple's entire suit suit.

I'm no lawyer, so I'll leave the copyright discussion to someone who knows better. But you really can't ignore the timing and circumstances of this development. Following a few notable failures in court, Psystar appears to be losing their fight against Apple, at least as long as it's framed as a copyright issue. Changing the terms, it seems, is their only option, and reeks of desperation. Not to mention the fact that it was utterly predictable. In our last Psystar update, posted before any of this happened, commenter Tim Faulkner said:

What people are ignoring is that Apple's already won. Even if Psystar can argue they have a legal right to hack Mac OS, they can't demonstrate that they have any right to distribute Apple's copyright without Apple's consent unless the antitrust claims (which they've abandoned) had merit. Even if Psystar has a right to circumvent Apple's weak protection (highly questionable), how are they going to prove they have a right to distribute Mac OS? They can't, that's impossible.

To which redwingsmonk added:

I think the only way psystar could win this if they claim OSX was open source and they have free reign to modify the code and resell it.

And here we are. It looks like Psystar—who is now apparently taking legal advice from anonymous Gizmodo commenters—knew that challenging Apple's copyright was pretty much their only hope. A faint hope, it's safe to say. [InformationWeek via AppleInsider]

Large, Goliath-Sized Apple Tells Small, David-Sized School to Stop Using Logo

Jack Loftus — Sun, 02 Nov 2008 14:30:00 EST

Apple is again flexing its immense legal muscle today with a threat of legal action against a small Vancouver Island business school over the use of the Apple logo. The tiny Victoria School of Business and Technology, which may remind some of a certain Biblical character named David, adopted the Apple-esque logo in 2005. Apple Inc., which may remind some of an angry, Biblical giant named Goliath, has used its trademark apple icon for the past 30 years.

A letter from Apple lawyers said the VSBT logo, which depicts an apple and a mountain graphic from its sister company, northStudio.com, infringes on Apple's rights. The letter also alleges the logo is "falsely suggesting that Apple has authorized your [computer-software operation courses]." Some of those courses are conducted on Mac hardware.

If this tiny British Columbia school does not comply with Apple's request, legal proceedings could begin that would prohibit the school from using the logo. The VSBT could also be forced to repay legal costs and "damages."

The VSBT, for its part, is conducting a survey about the issue on its homepage. It doesn't take a genius to guess what the current survey results reveal.

Surprise! The school's president and CEO, Dieter Gerhard, is vehemently denying any infringement, saying the logo differs from the Apple logo in several ways:

the acronym VSBT is part of the design.
the logo incorporates a mountain graphic from its sister company, northStudio.com
the school's apple has three bumps on top while Apple's design has two
the logo is multi-colored while Apple's is not

Seems pretty cut and dry to us. Why all the sour grapes at Apple? [Vancouver Sun]

RealNetworks Sued for DVD Copying Software That Nobody Wanted Anyway

John Herrman — Wed, 01 Oct 2008 06:15:00 EDT

Almost reflexively, six studios have filed suit against RealNetworks for their brand-new DVD copying software. RealDVD, as it is (was?) called, was tepidly received on account of crippling DRM which only allows for viewing of a ripped DVD on one PC, precluding the portability that might account for someone wanting to rip a DVD in the first place. That uselessness is precisely why these suits are so interesting; it's difficult to see what the studios—Paramount Pictures, Twentieth Century Fox, Universal Studios, Warner Brothers, Columbia Pictures, the Walt Disney Company and Sony— actually think they stand to lose.

The stakes for RealNetworks aren't terribly high either, as sales of RealDVD might have been slow because of, oh, I don't know, the mountains of free software that does a better and more complete job. Within the day, Real filed a countersuit which could possibly set a new precedent for the interpretation of the Hollywood's DVD license. Even in a best-case scenario, the most legal headway that could probably be made would be to permit neutered software like RealDVD, which would still leave any useful method of DVD backup well outside of the law. [NYT]

The RIAA May Be Forcing Laptop Manufactuers to Disable Stereo Mix Recording

Sean Fallon — Mon, 07 Jul 2008 19:20:00 EDT

After a frustrating few months of searching for a solution to the audio problems he encountered while ripping on-screen video with his Dell laptop, a ripten editor discovered that others were experiencing the same issue—and that the problem was not confined to Dell laptops. Apparently, the lack of a sound card Stereo Mix recording option is to blame—and numerous forum threads have suggested that the RIAA has put pressure on laptop manufacturers like Dell, Gateway and Pac Bell to remove it.

After posting this information on ripten, a Dell representative chimed in to say that the lack of a sound card Stereo Mix option was most likely due to an issue with laptops running XP, and that a driver existed to correct the problem. However, it is still not clear whether the driver works for all Dell computers or why the option was disabled in the first place. Nor does it address the possibility that the problem may not be confined to Dell products alone. Naturally, random forum threads do not confirm RIAA involvement with Stereo Mix as a fact—but it does have that slimy, fishy vibe we have come to expect from them. With that having been said, have you experienced similar problems? [ripten]