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.
pondosinatra
Mar 24, 08:42 AM
Im with you on the glossy iMacs, there AWFUL to actually sit in front of and use for any lenght of time, talk about eye strain.
MATT option iMac and im there in a flash, but im not holding out hope, the �1600 ive sat waiting for a new desktop is more and more likely going towards a home built i7 sandybridge rig, and windows 7 so that when i sit with my back to the window the screen doesnt just refelect the outside world and i have to squint through it rather than just see what im working on. I dont need a tree or a bus in my spreadsheets or word documents thank you apple.
I Love my Macbook pro, with its MATT screen, i cant justify a MacPro expense, and the Mac Mini just doesnt cut it at the graphics card level, so that leaves the iMac, love the form factor, love the OS, hate the unusable migrane inducing shiney screen.
However,
the iPad i prefer the glossy screen, same with the iPhone, but then the occasions ill be using an iPad require me to have a bright colour screen for PDFs, and the lighting is usually bad enough that the reflective qualities are not a problem.
Well it looks like my iMac will meet the minimum specs for Lion, so I might upgrade, but then that's it for me. I'll probably go to Linux or some alternative operating system. - Maybe I'll crack out my NeXT Dimension Cube :D
MATT option iMac and im there in a flash, but im not holding out hope, the �1600 ive sat waiting for a new desktop is more and more likely going towards a home built i7 sandybridge rig, and windows 7 so that when i sit with my back to the window the screen doesnt just refelect the outside world and i have to squint through it rather than just see what im working on. I dont need a tree or a bus in my spreadsheets or word documents thank you apple.
I Love my Macbook pro, with its MATT screen, i cant justify a MacPro expense, and the Mac Mini just doesnt cut it at the graphics card level, so that leaves the iMac, love the form factor, love the OS, hate the unusable migrane inducing shiney screen.
However,
the iPad i prefer the glossy screen, same with the iPhone, but then the occasions ill be using an iPad require me to have a bright colour screen for PDFs, and the lighting is usually bad enough that the reflective qualities are not a problem.
Well it looks like my iMac will meet the minimum specs for Lion, so I might upgrade, but then that's it for me. I'll probably go to Linux or some alternative operating system. - Maybe I'll crack out my NeXT Dimension Cube :D
Harthansen
Sep 12, 04:07 PM
This is suppose to be a "Media Event"?
They need to get rid of that little useless iPod 4:3 screen. Put in at least an anamorphic 720x480 widescreen model. That little iPod screen will keep me without any interest in any ipod above the Nano. Speaking of the nano... Is the new nano suppose to be cutting edge? It has the same look as the iPod mini. So 3 years ago! Where did the cutting edge go?
Itunes 7 Woo Hoo!
Expensive low quality movies. Double Woo Hoo! Amazon has actual DVD quality movies, for the same price range, and a much better selection. iTunes is only ahead now with the cool interface, but still the technology is not improving as fast as the competition.
Apple is in a slow fall...
I love Mac's, and will always own one. However, the Intel Mac's are buggy as hell. (Still Not Compareable to Windows) The iPod's are not as good as the PSP, except for the large hard drive (and the ease of iTunes).
$4.99 Atari quality Games??
Are you kidding me? I wouldn't waste my time downloading them for free! Never mind 5 bucks for Tetris!! Boo. I say Boo, Mr Jobs. It's like Apple isn't trying anymore. Steve wake T.F. up! What are you doing? You're getting lazy in your old age!
-Hart Hansen
http://www.myspace.com/harthansen
... generally all these updates are pretty disappointing.
They need to get rid of that little useless iPod 4:3 screen. Put in at least an anamorphic 720x480 widescreen model. That little iPod screen will keep me without any interest in any ipod above the Nano. Speaking of the nano... Is the new nano suppose to be cutting edge? It has the same look as the iPod mini. So 3 years ago! Where did the cutting edge go?
Itunes 7 Woo Hoo!
Expensive low quality movies. Double Woo Hoo! Amazon has actual DVD quality movies, for the same price range, and a much better selection. iTunes is only ahead now with the cool interface, but still the technology is not improving as fast as the competition.
Apple is in a slow fall...
I love Mac's, and will always own one. However, the Intel Mac's are buggy as hell. (Still Not Compareable to Windows) The iPod's are not as good as the PSP, except for the large hard drive (and the ease of iTunes).
$4.99 Atari quality Games??
Are you kidding me? I wouldn't waste my time downloading them for free! Never mind 5 bucks for Tetris!! Boo. I say Boo, Mr Jobs. It's like Apple isn't trying anymore. Steve wake T.F. up! What are you doing? You're getting lazy in your old age!
-Hart Hansen
http://www.myspace.com/harthansen
... generally all these updates are pretty disappointing.
troop231
Mar 29, 11:18 AM
Bahaha, wow, they should've said that Windows Phone will be completely gone by then, now that's MORE believable! :cool:
Meandmunch
Apr 25, 07:08 PM
Other than shaving a few millimeters of the case, a few grams of weight what amount of change isn't incremental at this point?
G4er?
Mar 22, 01:59 PM
My Mom needs a new iMac due to screen issues
Isn't that kind of like throwing the baby out along with the bath water? This is why an all in one seems so wasteful to me.
Isn't that kind of like throwing the baby out along with the bath water? This is why an all in one seems so wasteful to me.
Al Coholic
Apr 22, 01:26 PM
The TDPs are around the same as with previous gen, or possibly even less (the TDP of 320M is unknown). Also, Turbo Boost will only be activated if the thermals allow that. If your CPU is already running at 90�C, then Turbo most likely won't kick in.
I doubt SB will make MBA run noticeably hotter.
You have been pretty much dead on in the past HH so I shall yield to your wisdom. (I just downed another shot of that cheap canadian swill I've been drinking in your name).
I doubt SB will make MBA run noticeably hotter.
You have been pretty much dead on in the past HH so I shall yield to your wisdom. (I just downed another shot of that cheap canadian swill I've been drinking in your name).
Skika
Apr 25, 01:22 PM
Its fine, but if you need it get it, if you dont then wait, at the end of the day this is a rumor.
I would if id need it, but my current Macbook can keep me going till the refresh.
I would if id need it, but my current Macbook can keep me going till the refresh.
iMikeT
Sep 26, 07:05 AM
This is good news. I will not have to switch providers!:D
gloss
Sep 26, 08:59 AM
Yeah, this is pretty exciting news. I had already planned to call Verizon this morning to see when my contract is up.
EDIT: $175 termination fee per phone and a good while to go on the contract. Yeouch! I may just have to keep my fingers crossed that Verizon Wireless gets the iPhone late next year.
Yeah, the termination fee is harsh, but I'm honestly not sure I could last another year and a half without throwing my Razr into a trash compactor. I like the phone, but the god-awful interface that Verizon loads onto it is another story.
A cell phone should NOT require hard reboots.
EDIT: $175 termination fee per phone and a good while to go on the contract. Yeouch! I may just have to keep my fingers crossed that Verizon Wireless gets the iPhone late next year.
Yeah, the termination fee is harsh, but I'm honestly not sure I could last another year and a half without throwing my Razr into a trash compactor. I like the phone, but the god-awful interface that Verizon loads onto it is another story.
A cell phone should NOT require hard reboots.
doctoree
Nov 13, 01:04 PM
Lets see how long they will stay away. There are buckets of DOLLARS waiting to be made in the App Store.
KnightWRX
Apr 19, 08:01 PM
Unable to be a good corporate citizen, unable to satisfy their greed as they rake in more profits than the competition, Apples looking rather desperate. Nothing will ever be enough.
After having seen the actual claims, I don't think so. Apple was forced to do this. Notice there are quite a few trademark claims in there, relating to icon design, and trade dress claims.
The problem with Trademarks is that if Apple doesn't enforce them, they will lose them. As such, their hand is forced in this. However, just the trademark claims would make for one small suit and would make it so some of them might get thrown out. Enter the design patent claims to "pad" the lawsuit and to use as bargaining chips.
In the end, Apple may just drop the patent claims during settlement negotations and get awards for all their trademarks, which is probably what they are seeking.
After having seen the actual claims, I don't think so. Apple was forced to do this. Notice there are quite a few trademark claims in there, relating to icon design, and trade dress claims.
The problem with Trademarks is that if Apple doesn't enforce them, they will lose them. As such, their hand is forced in this. However, just the trademark claims would make for one small suit and would make it so some of them might get thrown out. Enter the design patent claims to "pad" the lawsuit and to use as bargaining chips.
In the end, Apple may just drop the patent claims during settlement negotations and get awards for all their trademarks, which is probably what they are seeking.
mrsir2009
Apr 25, 03:01 PM
I wonder if they'll go SSD and maintain the price-point by saying bye-bye to the superdrive? I hope so, i'd prefer SSD speed over a disc drive which i hardly use anymore.
Also, i'm thinking the black bezel might go. In my opinion, the black hinge doesn't look too good when the rest is metal.
Bigger trackpad, for Lion's gestures?
I hope they don't go sloped, like the air. But then again, when it comes to design, Apple always make it sexy, so i don't mind really.
Can't wait anyway, i was recently thinking of buying a MacBook Pro, glad i didn't jump in too soon :)
Sorry, but the cost of an 80GB SSD is about $500 NZD, while an optical drive costs $30 NZD. Don't think it'll quite cover the cost ;) Oh, and if you want something like a 500GB+ SSD your looking at $1000+
Also, i'm thinking the black bezel might go. In my opinion, the black hinge doesn't look too good when the rest is metal.
Bigger trackpad, for Lion's gestures?
I hope they don't go sloped, like the air. But then again, when it comes to design, Apple always make it sexy, so i don't mind really.
Can't wait anyway, i was recently thinking of buying a MacBook Pro, glad i didn't jump in too soon :)
Sorry, but the cost of an 80GB SSD is about $500 NZD, while an optical drive costs $30 NZD. Don't think it'll quite cover the cost ;) Oh, and if you want something like a 500GB+ SSD your looking at $1000+
siii
Apr 4, 12:07 PM
Only in America.... Bad form unless it was in defence. How about non lethal take downs, fair courts and appropriate justice, such as jail with community service, get criminals doing something constructive for society and trying to get them back on track?
The right to carry guns and to kill absolutely baffles me. Surely shooting and killing is a worser crime than stealing? The threat of being shot/killed sounds too authoritarian/totalitarian for me.
I can't believe the mentality of people on these forums sometimes! Each to their own I guess... Democracy and all...
The right to carry guns and to kill absolutely baffles me. Surely shooting and killing is a worser crime than stealing? The threat of being shot/killed sounds too authoritarian/totalitarian for me.
I can't believe the mentality of people on these forums sometimes! Each to their own I guess... Democracy and all...
TrollToddington
Apr 22, 01:42 PM
I do hope that processor speed bump will not be the only change in the new MBAs. However, looking at Samsung 9 's pricepoint and what it offers makes me feel discouraged that Apple will put larger SSDs in the new MBAs.
Perhaps the new selling points will be:
- much faster processors - closing the gap to the 13" MBP
- increased battery life - 5:30-6 hours on 11", > 7 hours on 13"
I think it's unlikely that we see larger SSDs as standard on MBA until IB
Perhaps the new selling points will be:
- much faster processors - closing the gap to the 13" MBP
- increased battery life - 5:30-6 hours on 11", > 7 hours on 13"
I think it's unlikely that we see larger SSDs as standard on MBA until IB
iJawn108
Sep 14, 05:09 PM
The invitation suggests Aperture, but could it also be an extreme closeup of an isight camera on a black anodized MBP? ;) :cool: :D :eek: :confused:
i honestly don't think they will pull the black(top model) stuff into the pro line.
i honestly don't think they will pull the black(top model) stuff into the pro line.
Liquorpuki
Apr 18, 12:03 PM
So the US doesnt even have paid holiday from work?
Here in the US we've got this thing called At Will Employment, which to my experience allows employers to screw over there employees with all sorts of ridiculous hours and working conditions, as long as it doesn't violate their state's labor laws.
Those screwed over employees then vent by blaming their problems on unionized workers and civil servants.
Here in the US we've got this thing called At Will Employment, which to my experience allows employers to screw over there employees with all sorts of ridiculous hours and working conditions, as long as it doesn't violate their state's labor laws.
Those screwed over employees then vent by blaming their problems on unionized workers and civil servants.
DRewPi
Sep 2, 03:52 PM
MacBook for 999$ with some up features would be the deal for me !!!!!
Otherwise just throw in some of that C2D chips and let it rock !!!! :D
Otherwise just throw in some of that C2D chips and let it rock !!!! :D
Kariya
Apr 25, 02:06 PM
...which is still a bottleneck.
So what's your point? You like moderetly better bottlenecks?
I'd rather eliminate them altogether.
...and you think most people who buy a MBP won't swap out the drive for a 7200RPM drive or an SSD and max out their memory?
Intelligent...no genius level thinking!
an SSD is a moderately better bottleneck?
Also storage is more important than outright speed to some people on the go. Why do you want to take away their options?
Great. Since Apple puts that crap hard drive in there.
And Apple's SSDs are sooo awesome right? :rolleyes: About the only thing they really have an edge at is booting up and you can thank Snow Leopard enhancements as much as the SSD for that. For all other tasks...average. The kicker is, you can't even upgrade them to something better/larger down the road...as things currently stand anyway.
So what's your point? You like moderetly better bottlenecks?
I'd rather eliminate them altogether.
...and you think most people who buy a MBP won't swap out the drive for a 7200RPM drive or an SSD and max out their memory?
Intelligent...no genius level thinking!
an SSD is a moderately better bottleneck?
Also storage is more important than outright speed to some people on the go. Why do you want to take away their options?
Great. Since Apple puts that crap hard drive in there.
And Apple's SSDs are sooo awesome right? :rolleyes: About the only thing they really have an edge at is booting up and you can thank Snow Leopard enhancements as much as the SSD for that. For all other tasks...average. The kicker is, you can't even upgrade them to something better/larger down the road...as things currently stand anyway.
milo
Sep 5, 04:51 PM
Only one problem with that..
You can already do it with iTunes.
And it would be hard to go to one room and start the movie then go to the other room and start watching it.
If there is a media device it will be set-top box or Mini style that sits next to the main TV.
Did you read the post? iTunes doesn't do that, right now apple doesn't have an airport with *video* output. And look at the picture again, that mockup has a remote that talks to the airport, you don't have to leave the room.
You miss the whole point of this. Why would you want to have an expensive box next to the TV when you could just have a tiny airport, and let your computer do the heavy lifting from another room?
isn't the resolution going to be terrible. I don't see these movie downloads working with a hi-def TV. The television shows are pretty pathetic on my old 42" panasonic. 320x240 is going to look terrible on a beautiful sony 1080p television...
You're assuming they won't up the resolution when they start doing movies. What makes you so sure they'll do that?
You can already do it with iTunes.
And it would be hard to go to one room and start the movie then go to the other room and start watching it.
If there is a media device it will be set-top box or Mini style that sits next to the main TV.
Did you read the post? iTunes doesn't do that, right now apple doesn't have an airport with *video* output. And look at the picture again, that mockup has a remote that talks to the airport, you don't have to leave the room.
You miss the whole point of this. Why would you want to have an expensive box next to the TV when you could just have a tiny airport, and let your computer do the heavy lifting from another room?
isn't the resolution going to be terrible. I don't see these movie downloads working with a hi-def TV. The television shows are pretty pathetic on my old 42" panasonic. 320x240 is going to look terrible on a beautiful sony 1080p television...
You're assuming they won't up the resolution when they start doing movies. What makes you so sure they'll do that?
w00master
Nov 13, 01:52 PM
Jeff LaMarche's (co-author of "Beginning iPhone Development") take on this situation:
http://iphonedevelopment.blogspot.com/2009/11/rogue-amoeba.html
I definitely can see both sides of the argument. And I speak from personal experience. One of my company's apps, CraigsHarvest, was rejected for a similar reason: we had included a cropped version of the Setting app icon in our help file, in order to better direct our users to where to changes their settings. But Apple rejected it because we were using their icon. So, we complied and removed its usage.
But there has to be some kinda happy, middle-ground here. There already are a number of Apple-owned icons that we are allowed (in fact, encouraged) to use, such as Compose, Action, Bookmark (see below attached images). Maybe Apple could expand the range of images, icons, etc. they own that we, as developers, could be allowed to use.
And Gruber's response to this response:
http://daringfireball.net/2009/11/airfoil_touch_situation
Sorry, but imho there is absolutely *no* reason to defend Apple here.
w00master
http://iphonedevelopment.blogspot.com/2009/11/rogue-amoeba.html
I definitely can see both sides of the argument. And I speak from personal experience. One of my company's apps, CraigsHarvest, was rejected for a similar reason: we had included a cropped version of the Setting app icon in our help file, in order to better direct our users to where to changes their settings. But Apple rejected it because we were using their icon. So, we complied and removed its usage.
But there has to be some kinda happy, middle-ground here. There already are a number of Apple-owned icons that we are allowed (in fact, encouraged) to use, such as Compose, Action, Bookmark (see below attached images). Maybe Apple could expand the range of images, icons, etc. they own that we, as developers, could be allowed to use.
And Gruber's response to this response:
http://daringfireball.net/2009/11/airfoil_touch_situation
Sorry, but imho there is absolutely *no* reason to defend Apple here.
w00master
jelloshotsrule
Oct 27, 09:06 AM
How many trees were harmed in the production of their leaflets?
And were they produced on a "non-green" MAC?
:rolleyes:
your logic is brilliant. since they had to use non-green items in spreading their information, then they are hypocrites and shouldn't push for improvement of materials. good point!
of course you ignore that there are many sources of recycled paper, soy based inks, etc etc which their leaflets could very well have been made from (though i don't know for a fact that they were.)
And were they produced on a "non-green" MAC?
:rolleyes:
your logic is brilliant. since they had to use non-green items in spreading their information, then they are hypocrites and shouldn't push for improvement of materials. good point!
of course you ignore that there are many sources of recycled paper, soy based inks, etc etc which their leaflets could very well have been made from (though i don't know for a fact that they were.)
iStudentUK
Apr 19, 06:43 AM
I wonder how long it will be until every tech company is suing every other tech company.
This is getting silly!
This is getting silly!
Eidorian
Jul 14, 02:37 PM
As Eidorian's link points out, Core Duo (Yonah) performance falls somewhere between the Athlon X2 3800 and the Athlon X2 4200. The 2.40GHz E6600, 2.66GHz E6700, and 2.93GHz X6800 Core 2 Duos in particular are at least 40% faster, which is exactly what Intel promised at the IDF.That's where I gauged it as well. The 1.86 GHz Conroe beats AMD's FX-62 in a few tests.
Hell the E6400 (2.13 GHz, $224) and the E6500 (2.4 GHz, $316) are more then enough to compete with the FX-62 (2.8 GHz, $999)
Hell the E6400 (2.13 GHz, $224) and the E6500 (2.4 GHz, $316) are more then enough to compete with the FX-62 (2.8 GHz, $999)