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.
spicyapple
Sep 19, 03:38 PM
They are Dolby Surround, not Dolby Digital. Dolby Surround is just matrixed stereo audio.
Aren't you contradicting yourself? iTS movies are in 5.1, so they are in fact Dolby Digital (encoded in the AC3 or MP4 format).
Aren't you contradicting yourself? iTS movies are in 5.1, so they are in fact Dolby Digital (encoded in the AC3 or MP4 format).
AidenShaw
Sep 9, 10:03 AM
Probably Apple's most impressive, solid and reliable machine at the moment
I don't think that there's any data yet on failure rates and problems with the new Core 2 iMacs...
I don't think that there's any data yet on failure rates and problems with the new Core 2 iMacs...
stracky
Sep 12, 07:50 PM
I love apple - will still buy apple but i got caught up in all the iphone banter. Im jsut sick of carrying half a dozen bricks in my pocket. I like that patent about the multifucntion device, thats when i will finally relent and buy an ipod. I do have a shuffle though.
I have a PDA with touchscreen, phone, bluetooth, wireless, IR, bigger than Ipod screen, full pocket PC capabilities, camera, motion camera, games. and the thing is SMALLER than an iPod. other people can do it, its time apple stepped up, the next step for iPods is phone capabilities, cause so many phones now can play music.
also id be pretty disapointed if i was looking at the new ipod nano range. the minis were ugly and it seems that cause of the problems with the nano screens that have gone back a year and said "well lets go with somethign easy"
on a good note, that new shuffle is awesome, really suits its purpose.
I have a PDA with touchscreen, phone, bluetooth, wireless, IR, bigger than Ipod screen, full pocket PC capabilities, camera, motion camera, games. and the thing is SMALLER than an iPod. other people can do it, its time apple stepped up, the next step for iPods is phone capabilities, cause so many phones now can play music.
also id be pretty disapointed if i was looking at the new ipod nano range. the minis were ugly and it seems that cause of the problems with the nano screens that have gone back a year and said "well lets go with somethign easy"
on a good note, that new shuffle is awesome, really suits its purpose.
MacGeek7
Mar 22, 02:31 PM
Finally! I've been waiting for an iMac update for awhile and I'm excited to see the potential of Thunderbolt even though the list of devices is relatively short right now.
savar
Sep 12, 02:36 PM
Gapless playback? What does this mean?
How will the home sync work? I don't want to screw up my iPod, my home library on my MacBook Pro & my iTunes library on my office G5.
I've downloaded iTunes 7, bought a game (same trouble w/my 5G; still no iPod software update yet to make the game work) & clicked to "Get Album Artwork," which seems to be running in the background. So far so good.
If you have a CD which has long pieces of classical music on it, they break it up into separate tracks even though there technically aren't any pauses in the music. On any decent CD player these tracks play back seamlessly -- without any gaps. iPod would insert a pause in between playing these.
Edit: The REAL question is have they updated iTunes to be a better video player? I hate watching TV or movies in the current version.
How will the home sync work? I don't want to screw up my iPod, my home library on my MacBook Pro & my iTunes library on my office G5.
I've downloaded iTunes 7, bought a game (same trouble w/my 5G; still no iPod software update yet to make the game work) & clicked to "Get Album Artwork," which seems to be running in the background. So far so good.
If you have a CD which has long pieces of classical music on it, they break it up into separate tracks even though there technically aren't any pauses in the music. On any decent CD player these tracks play back seamlessly -- without any gaps. iPod would insert a pause in between playing these.
Edit: The REAL question is have they updated iTunes to be a better video player? I hate watching TV or movies in the current version.
ChazUK
Mar 29, 01:13 PM
what the heck LOL, this is a joke right? I have NEVER seen a single new windows phone being used in public nor do I see that many Android devices in the UK. mostly I see
1. BlackBerries
2. iPhones
never seen a new windows phone LOL, most people who are happy with iPhones etc, will stick with them and won't bother going for anything else.
Looking at the email notification I got of your original list before your edit:
1. BlackBerries
2. iPhones
3. HTC'S <--- Those would be your Android/WP7 phones. ;)
4. Nokia N-Series
1. BlackBerries
2. iPhones
never seen a new windows phone LOL, most people who are happy with iPhones etc, will stick with them and won't bother going for anything else.
Looking at the email notification I got of your original list before your edit:
1. BlackBerries
2. iPhones
3. HTC'S <--- Those would be your Android/WP7 phones. ;)
4. Nokia N-Series
TheKrillr
Aug 28, 12:58 PM
I just want them to bump up the Macbook so then I can go ahead and buy my fist Mac. I just want to buy it when its the most current.
Ya, that's that I'm hoping. For the same reason too. I've used macs forever, but never owned my very own (other than an old PowerMac 7500). I also hope they update the ipod soon, I want to get the latest and greatest but I need to order by wednesday :-p
Ya, that's that I'm hoping. For the same reason too. I've used macs forever, but never owned my very own (other than an old PowerMac 7500). I also hope they update the ipod soon, I want to get the latest and greatest but I need to order by wednesday :-p
AngryCorgi
Mar 29, 11:25 AM
Here were their illuminating predictions in Jan 2010. :rolleyes:
http://www.idc.com/getdoc.jsp?containerId=prUS22176610
Key findings from a new IDC market outlook include the following:
GAME OF THRONES “Winter Is
The+game+of+thrones+map
game of thrones map from ook.
The list of shows includes
game of thrones map hbo.
game of thrones map hbo. game
game of thrones map of the
GAME OF THRONES The Kingsroad
hbo game of thrones map. of
game of thrones map of the
http://www.idc.com/getdoc.jsp?containerId=prUS22176610
Key findings from a new IDC market outlook include the following:
shartypants
Mar 22, 03:37 PM
Why not, its best to move production to the newer processor if it costs the same.
ClimbingTheLog
Sep 26, 04:40 PM
Yeah I don't think that is going to happen. I can't see Apple making a CDMA phone just for Verizon/Sprint. Making a GSM phone, especially if it is quad-band, would allow them to only make 1 phone for the world market.
Right, so problem #1 is the huge number of Verizon/Sprint customers in the US Apple would be giving up just for the sake of saving the engineering time to replace a radio chip. There's no way they can give up 60 million or so potential customers and say to their investors, "yeah, but we'll save a million dollars over the next three years by doing it."
Problem #2 is that there are countries/regions where CDMA is more prevalent than GSM or where GSM doesn't exist at all. Some of it has to due with terrain, some of it is political. There are lists on the web you can google for which countries use which technology.
I was hoping Apple would be the first company to use software-defined radios and make this a non-issue. I was bummed when I read they switch to COTS parts for the quick buck on iTunes. Maybe the other two rumored phones which are supposed to come later will be the one we were hoping for. June 2007?
Cingular has their priorities wrong. They go for the rural markets, where people don't want to have anything to do with cell phones, and they ignore the big cities.
Huh? I've never seen Cingular coverage in any rural areas. Maybe in the mid-south but the rest of the country isn't so uniform.
When will we see global releases of iTunes stuff?
When your local media cartel decides to play ball. You think Apple doesn't want to be selling into your market for nearly $0 their cost?
Right, so problem #1 is the huge number of Verizon/Sprint customers in the US Apple would be giving up just for the sake of saving the engineering time to replace a radio chip. There's no way they can give up 60 million or so potential customers and say to their investors, "yeah, but we'll save a million dollars over the next three years by doing it."
Problem #2 is that there are countries/regions where CDMA is more prevalent than GSM or where GSM doesn't exist at all. Some of it has to due with terrain, some of it is political. There are lists on the web you can google for which countries use which technology.
I was hoping Apple would be the first company to use software-defined radios and make this a non-issue. I was bummed when I read they switch to COTS parts for the quick buck on iTunes. Maybe the other two rumored phones which are supposed to come later will be the one we were hoping for. June 2007?
Cingular has their priorities wrong. They go for the rural markets, where people don't want to have anything to do with cell phones, and they ignore the big cities.
Huh? I've never seen Cingular coverage in any rural areas. Maybe in the mid-south but the rest of the country isn't so uniform.
When will we see global releases of iTunes stuff?
When your local media cartel decides to play ball. You think Apple doesn't want to be selling into your market for nearly $0 their cost?
wazgilbert
Apr 28, 03:49 PM
Microsoft is still doing very well. They're making the best products they ever have done and as a customer I am very pleased with all of my Microsoft purchases.
- Zune desktop software
- Zune hardware and mobile software
- Windows Phone 7
- Windows 7
- Office 2010
- Office 2011 for Mac
- Xbox 360
- Xbox Live
All great products and deserve to be class leaders if they are not already. I can't think of another company (including Apple) that has put out such a fantastic range of very good products.
"Non-mac fan in Macrumors comment shocker"
- Zune desktop software
- Zune hardware and mobile software
- Windows Phone 7
- Windows 7
- Office 2010
- Office 2011 for Mac
- Xbox 360
- Xbox Live
All great products and deserve to be class leaders if they are not already. I can't think of another company (including Apple) that has put out such a fantastic range of very good products.
"Non-mac fan in Macrumors comment shocker"
kaneda
Sep 16, 12:41 AM
100 songs.. that's it? Come on! they can do better than that! at least 4 gb...
Piggie
Apr 14, 12:04 PM
There is no way Apple would deliberately block/not support USB3 on Mac's is there, to force Apple uses to have to buy Thunderbolt only peripherals and not be able to use cheaper USB3 items?
They would never do that would they?
They would never do that would they?
twoodcc
Aug 28, 11:49 PM
Anyone else voting that they drop the price on the BlackBook to match the white MB? What are the chances, eh?
that would be nice
that would be nice
ImNoSuperMan
Sep 26, 08:04 AM
What about India? I want me an iPhone!! :mad:
And why the exclusive deal? Wouldn't that mean that Apple would sell LESS iPhone's? I can't see how an exclusive deal with Cingular/O2 benefits anyone other than Cingular/O2...
i`d once bought an unlocked T-Mobile Sony T610 in India and it worked absolutely fine with all the GSM providers I tried. So in case even if this iPhone is exclusive to Cingular we`d still be able to get it to work here(fingers crossed).
And why the exclusive deal? Wouldn't that mean that Apple would sell LESS iPhone's? I can't see how an exclusive deal with Cingular/O2 benefits anyone other than Cingular/O2...
i`d once bought an unlocked T-Mobile Sony T610 in India and it worked absolutely fine with all the GSM providers I tried. So in case even if this iPhone is exclusive to Cingular we`d still be able to get it to work here(fingers crossed).
flopticalcube
Apr 19, 10:08 PM
Keep listening to corporate run media which lies and doesn't tell the whole story.. my friend, unemployment and the economy aren't getting any better.. in fact, very soon it will collapse.. as inflation starts to settle in.. and if you wanna know the truth, look at BBC and other non-corporate run media for the truth. I know in my home state its like 7.9 percent and most of the jobs are health care and IT - no industrial, no customer service, nothing else.
See the roll eyes after his post, I think he was being sarcastic.
See the roll eyes after his post, I think he was being sarcastic.
extraextra
Oct 12, 01:35 PM
That looks nice. If it doesn't have Bono's name/signature/U2-something on it, I might have to buy it!
chopsuey158
Sep 9, 10:13 PM
I'd say switch the last two, make the ipod the 'one more thing' event and have the itunes movie store presented after the new mbp's. That would be a smoother transition ("oh, on your new mbp, you can download movies with the new itunes movie store") and then after that say "and one more thing, we also have the new ipod for you movie enjoyment." Who knows (besides steve jobs), but that's just my two cents worth.
Kwill
Apr 20, 10:34 AM
If I were to believe the plots, my iPad has been more places than I have taken it. It does, however, accurately present the general vicinity with larger circles.
rtkane
Apr 4, 12:17 PM
I'm as pro gun rights as anyone, but this sounds like a problem for the security guard. Unless that guard's life was in danger, there was no reason to shoot anyone, especially in the head. The placement of that shot was no accident.
That being said, I'm sure there are a lot of facts we don't know. Innocent until proven guilty, of course.
Unfortunately justified shooting or not it's always a problem for the shooter. I highly doubt the headshot was intentional. Unless he's an ex-special forces guy, he probably was just shooting wildly and got a lucky shot (well, lucky might not be the right word). When bullets started flying, he was probably terrified without enough composure to aim for the head. And if he came upon armed people, identified himself and they pointed guns at him, he has a very valid reason to shoot them. The mere presence of weapons puts the guard's life in danger.
It's odd that you judge his actions in the first part of your post, but then say that there's not enough facts in the second. :confused:
That being said, I'm sure there are a lot of facts we don't know. Innocent until proven guilty, of course.
Unfortunately justified shooting or not it's always a problem for the shooter. I highly doubt the headshot was intentional. Unless he's an ex-special forces guy, he probably was just shooting wildly and got a lucky shot (well, lucky might not be the right word). When bullets started flying, he was probably terrified without enough composure to aim for the head. And if he came upon armed people, identified himself and they pointed guns at him, he has a very valid reason to shoot them. The mere presence of weapons puts the guard's life in danger.
It's odd that you judge his actions in the first part of your post, but then say that there's not enough facts in the second. :confused:
YEMandy
Sep 12, 03:30 PM
You can return or exchange it but you'll have to pay a 10% restock fee ($25 or $29 depending on which one you bought). If you bought the 30GB just stick with the "old" 5G. If you bought the 60GB version then $30 is worth the price for another 20GB of storage. But my question to you is, what were you thinking buying an iPod the night before an Apple Special Event focusing on "it's showtime?"
You can return ANY apple product for a FULL refund if the product was updated within 10 days of the original purchase date!! Or you can get money back if the price was lowered!
You can return ANY apple product for a FULL refund if the product was updated within 10 days of the original purchase date!! Or you can get money back if the price was lowered!
Full of Win
Apr 25, 04:10 PM
Single card? Do you even know what SLI is? Did you even read the article? :rolleyes:
I'm still waiting.
Reading is so fundamental. It said "Quad-SLI-capable". Where in the article did it say it was in an SLI configuration?
I'm still waiting.
Reading is so fundamental. It said "Quad-SLI-capable". Where in the article did it say it was in an SLI configuration?
Cameront9
Aug 23, 05:32 PM
Steve Jobs knew this was a BS patent and it shows in his comments. Absolutely Stupid. Hell, the LISA had a Hierarchal File System. I'm still angry that this patent was even granted in the first place.
Bottom line: Creative knew this was a BS patent, too, but they figured they had to try. However, when the patent was granted to them, they had a weapon in their war against the iPod. Rather than concentrate on making a better product, they used this weapon as a way to get some quick cash. They bet on Apple settling and not going to court.
In the meantime, MS comes in and announces Zune, which threatens other WMA compatible players like Creative's offerings. Creative now thinks they need a backup plan and decides that during the negotiations with Apple, they can get them to give them a license to produce iPod-approved products. Now they have a fallback incase their own offerings fizzle out.
The question is: Will they go after Microsoft, too? It would be hypocritical not to, after all.
Bottom line: Creative knew this was a BS patent, too, but they figured they had to try. However, when the patent was granted to them, they had a weapon in their war against the iPod. Rather than concentrate on making a better product, they used this weapon as a way to get some quick cash. They bet on Apple settling and not going to court.
In the meantime, MS comes in and announces Zune, which threatens other WMA compatible players like Creative's offerings. Creative now thinks they need a backup plan and decides that during the negotiations with Apple, they can get them to give them a license to produce iPod-approved products. Now they have a fallback incase their own offerings fizzle out.
The question is: Will they go after Microsoft, too? It would be hypocritical not to, after all.
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