aristotle
Nov 13, 11:26 PM
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.
Which law firm please. We'd all like to know for future reference, who to not trust our cases with. While most law has to do with the letter of the law, jury trials often are won or lost based on what the jury believes to be the intent or spirit of the law.
The british common law legal system was never intended to be like this. The lawyers have destroyed and twisted it beyond all recognition. It was originally supposed to be based on judeo-christian morals and ethics. There is not supposed to be a grey area. You are either deliberately infringing on the rights of others or you are not. The original intent was to have a court case as the last resort where parties would first try to solve the problem by talking to each other, then go to arbitration and then court as a last resort.
*Edit*
Screenshots on other sites show airflow displaying a Firefox icon. That icon is definitely not covered any implied license through use of the API on the mac. Care to explain that to us Mr. Lawyer?
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.
Which law firm please. We'd all like to know for future reference, who to not trust our cases with. While most law has to do with the letter of the law, jury trials often are won or lost based on what the jury believes to be the intent or spirit of the law.
The british common law legal system was never intended to be like this. The lawyers have destroyed and twisted it beyond all recognition. It was originally supposed to be based on judeo-christian morals and ethics. There is not supposed to be a grey area. You are either deliberately infringing on the rights of others or you are not. The original intent was to have a court case as the last resort where parties would first try to solve the problem by talking to each other, then go to arbitration and then court as a last resort.
*Edit*
Screenshots on other sites show airflow displaying a Firefox icon. That icon is definitely not covered any implied license through use of the API on the mac. Care to explain that to us Mr. Lawyer?
toddybody
Apr 22, 12:49 PM
I think the big advantage to this downgrade will be buying clearance and refurbished Nvidia-based MBAs for 25% discounts... Unless Apple somehow fits a standard voltage SB CPU in the 13" MBA, I think most will be better off with C2D and Nvidia 320m at discounts.
Thats what I'm thinking...hoping to grab a 13 at ~1000/1100 on Amazon.
Thats what I'm thinking...hoping to grab a 13 at ~1000/1100 on Amazon.
twoodcc
Aug 31, 01:27 PM
all we can do is hope and pray
Chundles
Aug 31, 09:56 PM
Whats the issue with regards to TV shows only available to the USA. Why can't they be made available in the UK and Europe.
Different regions, different distributors and laws.
Different regions, different distributors and laws.
MacAddict1978
Apr 30, 04:08 PM
Wirelessly posted (Mozilla/5.0 (iPhone; U; CPU iPhone OS 4_3_2 like Mac OS X; en-us) AppleWebKit/533.17.9 (KHTML, like Gecko) Version/5.0.2 Mobile/8H7 Safari/6533.18.5)
Neither will be redesigned next year. Look at the length of time Apple stuck with the previous design. There are still a few years left to this "look."
No offense, but it's rather likely the following revision will launch a refined design. (It's usually done in the fall refresh historically.) This design is rather old and still fashions the old poly carbonite white i-Mac design. Changing the material to unibody aluminum was just a material change that gave it a "newer more modern" look, but it still wasn't a full on redeux. The last major complete redesign was when it went from the iLamp to this form factor.
Though maybe 1 more year.... not quite sure what more than can do with the design except maybe ditch the entire bezzle for 21.5-27" of sexy screen.
Neither will be redesigned next year. Look at the length of time Apple stuck with the previous design. There are still a few years left to this "look."
No offense, but it's rather likely the following revision will launch a refined design. (It's usually done in the fall refresh historically.) This design is rather old and still fashions the old poly carbonite white i-Mac design. Changing the material to unibody aluminum was just a material change that gave it a "newer more modern" look, but it still wasn't a full on redeux. The last major complete redesign was when it went from the iLamp to this form factor.
Though maybe 1 more year.... not quite sure what more than can do with the design except maybe ditch the entire bezzle for 21.5-27" of sexy screen.
Tom Sawyer
Apr 30, 07:54 PM
Then I wouldn't plan on ever going back to an iMac.
Definitely no plan to. Apple (SJ) is far to enamored with glossy screens to give anyone options on the large displays/iMacs. I'm still surprised they actually brought the matte option back to MBP's.
Definitely no plan to. Apple (SJ) is far to enamored with glossy screens to give anyone options on the large displays/iMacs. I'm still surprised they actually brought the matte option back to MBP's.
miranderm
Sep 16, 09:19 AM
I would love to see an Apple Phone with these features:
- At least 4 GB storage, preferably 8 GB.
- 3G (UTMS) / 2G (GSM) combo
- iPod/iTunes/Addressbook/iCal integration (duh!)
- BlueTooth
- less than 100g
- clamshell or candybar, no slider please
For less than 600 euros I would buy it instantly.
The market screams for an Apple phone. The above architecture is a basic excellent expected product. Still even a video ichat internet communicating device ( of course camera capable )
would be "hot" for the market inroading mac populace. C'mon Steve this cant be that challenging!!
- At least 4 GB storage, preferably 8 GB.
- 3G (UTMS) / 2G (GSM) combo
- iPod/iTunes/Addressbook/iCal integration (duh!)
- BlueTooth
- less than 100g
- clamshell or candybar, no slider please
For less than 600 euros I would buy it instantly.
The market screams for an Apple phone. The above architecture is a basic excellent expected product. Still even a video ichat internet communicating device ( of course camera capable )
would be "hot" for the market inroading mac populace. C'mon Steve this cant be that challenging!!
kiljoy616
Apr 4, 12:35 PM
it's just like the whole Raoul Moat thing here in the UK, he killed I don't know how many people, injured others, shot a Police Officer in the face with a shotgun, and people still said it was wrong to kill him, SERIOUSLY!
I say well done to the Security Guard, i just hope he is commentated for doing the right thing, and lives the rest of his life peacefully.
Its simple lots of people just have issue with emotions of revenge I for one have not one ounce of issue with it. But then most people have never been a victim of crime so its hard for them to visualize the danger. You pull a gun and point and if I can I will put you down without hesitation but most people will just coward as they get shot.
Kudos to the security guard for probably saving other people lives even if they don't realize it.
I say well done to the Security Guard, i just hope he is commentated for doing the right thing, and lives the rest of his life peacefully.
Its simple lots of people just have issue with emotions of revenge I for one have not one ounce of issue with it. But then most people have never been a victim of crime so its hard for them to visualize the danger. You pull a gun and point and if I can I will put you down without hesitation but most people will just coward as they get shot.
Kudos to the security guard for probably saving other people lives even if they don't realize it.
vwcruisn
Mar 23, 07:14 PM
Gotta say, usually I'd be right there with you on this, but in this case I'm on the senators side. Drunk driving is f--ked up, and the people who do it deserve to rot in a cell. I'm a-okay with them finding those kinds of people. Again though, under most other circumstances I would be completely against caving into the senators' requests.
Yes, drunk driving is bad. But so are other forms of distracted/dangerous driving such as talking on a cell phone, eating, texting, speeding. Shouldn't they rot in a cell too, since they are posing a dangerous risk on our roads as well? Why single out one type of bad, high-risk driver?
Yes, drunk driving is bad. But so are other forms of distracted/dangerous driving such as talking on a cell phone, eating, texting, speeding. Shouldn't they rot in a cell too, since they are posing a dangerous risk on our roads as well? Why single out one type of bad, high-risk driver?
applerocks
Aug 23, 05:11 PM
Too bad Apple had to pay when, IMO, they didn't really infringe on a patent.
But, it's good that the lawsuits are done with.
We'll see what Creative's next moves are. More accessories and less hardware?
applerocks
But, it's good that the lawsuits are done with.
We'll see what Creative's next moves are. More accessories and less hardware?
applerocks
fblack
Sep 10, 06:11 PM
Do you really want to use a monitor from 10 years ago in everyday use? Not likely. I've a 15" CRT from about a decade ago too but it's sitting on a shelf as a spare in case my newer monitor dies.
Most times I've bought a new computer, I've also bought a new monitor. A widescreen 17" monitor back when I bought my iMac was extortionately expensive. I generally figure on spending about �15-1800 every three years on a computer and about 5-6 years of useful life. It's been going up from a G3 iBook to a 17" G5 Mac to a fully kitted out 24" iMac for that money. I can't imagine what it will be in 3 - 6 years time but I guess it'll make a 24" iMac feel just as obsolete as the 500Mhz G3 iBook with a 1024x768 screen feels.
I have to conclude that people who want to use their 10 year old CRT are just incredibly cheap and don't value their screens as much as being able to claim how fast their CPU is. I've been programming for 20+ years professionally and your screen isn't something to skimp on. It's THE most important thing if you value your eyes.
I think you mistook the slant of my post. Notice the big grin face at the end of my sentence in the previous post? I meant it half in jest. It does not mean that as I type I am staring at a 14" screen. As far as my 6 yr old CRT that died it was a 19inch not a tiny screen and certainly hefty at about 60lbs. My 10yr old CRT that has been permanently retired now was in fact used as a backup monitor for my old beige G3. I've had more than one monitor go before and having a backup even if it has small screen real estate can save your bacon if you've got work to do. :p
I would love to have the budget to replace all of my equipment every 3 years like you can but I dont have that luxury. If I can have a piece of equipment last a little longer you may call it cheap from your fancy perch, but I call it frugal. Good budgeting should never be sneered at...:D
Most times I've bought a new computer, I've also bought a new monitor. A widescreen 17" monitor back when I bought my iMac was extortionately expensive. I generally figure on spending about �15-1800 every three years on a computer and about 5-6 years of useful life. It's been going up from a G3 iBook to a 17" G5 Mac to a fully kitted out 24" iMac for that money. I can't imagine what it will be in 3 - 6 years time but I guess it'll make a 24" iMac feel just as obsolete as the 500Mhz G3 iBook with a 1024x768 screen feels.
I have to conclude that people who want to use their 10 year old CRT are just incredibly cheap and don't value their screens as much as being able to claim how fast their CPU is. I've been programming for 20+ years professionally and your screen isn't something to skimp on. It's THE most important thing if you value your eyes.
I think you mistook the slant of my post. Notice the big grin face at the end of my sentence in the previous post? I meant it half in jest. It does not mean that as I type I am staring at a 14" screen. As far as my 6 yr old CRT that died it was a 19inch not a tiny screen and certainly hefty at about 60lbs. My 10yr old CRT that has been permanently retired now was in fact used as a backup monitor for my old beige G3. I've had more than one monitor go before and having a backup even if it has small screen real estate can save your bacon if you've got work to do. :p
I would love to have the budget to replace all of my equipment every 3 years like you can but I dont have that luxury. If I can have a piece of equipment last a little longer you may call it cheap from your fancy perch, but I call it frugal. Good budgeting should never be sneered at...:D
Marx55
Sep 26, 03:48 PM
HERE ARE THE PICTURES:
http://www.t3.co.uk/nested_content/gallery_assetlisting_navigation?root=633162&result_page=1
http://www.t3.co.uk/nested_content/gallery_assetlisting_navigation?root=633162&result_page=2
http://www.t3.co.uk/nested_content/gallery_assetlisting_navigation?root=633162&result_page=3
MORE INFO:
http://www.t3.co.uk/news/247/communications/mobile_phone/evidence_mounts_for_january_iphone
Now, imagine it as the ultimate wireless computerless presentation remote:
1. Make your Keynote or PowerPoint presentations on your Mac or PC-Windows.
2. Save them to the SMART iPhone.
3. Carry the iPhone with you and use it as a wireless computerless presentation remote.
WITH A HUGE HALO EFFECT on all corporate, education and domestic markets!!!
http://www.t3.co.uk/nested_content/gallery_assetlisting_navigation?root=633162&result_page=1
http://www.t3.co.uk/nested_content/gallery_assetlisting_navigation?root=633162&result_page=2
http://www.t3.co.uk/nested_content/gallery_assetlisting_navigation?root=633162&result_page=3
MORE INFO:
http://www.t3.co.uk/news/247/communications/mobile_phone/evidence_mounts_for_january_iphone
Now, imagine it as the ultimate wireless computerless presentation remote:
1. Make your Keynote or PowerPoint presentations on your Mac or PC-Windows.
2. Save them to the SMART iPhone.
3. Carry the iPhone with you and use it as a wireless computerless presentation remote.
WITH A HUGE HALO EFFECT on all corporate, education and domestic markets!!!
sinsin07
Mar 23, 06:17 PM
you don't think a web app will pop up for this the second these apps are removed from the store?
***I am 100% against drunk driving, if you drive drunk you are ignorant and should be put in jail. period.
Point not relevant. Apple runs the biggest app store in the world with the most desired devices on the planet, as evidences by 200 people standing in line at the Fifth Ave store at 5:55 AM in the rain this morning,, 12 days after the release of the iPad2.
***I am 100% against drunk driving, if you drive drunk you are ignorant and should be put in jail. period.
Point not relevant. Apple runs the biggest app store in the world with the most desired devices on the planet, as evidences by 200 people standing in line at the Fifth Ave store at 5:55 AM in the rain this morning,, 12 days after the release of the iPad2.
Joshuarocks
Apr 19, 10:16 AM
Bottom line: The USA is already becoming like a 3rd world nation and I predict its going to get worse from here on through.. until the American People wake up and do something about it. One thing I have noticed about Americans when I came to this country many years ago - they are NOT revolutionaries like those in Eastern Europe or Europe for that fact.. they will allow their government to please them in any way shape or form, even when their freedoms are taken away by the Patriot acts I and II, and very soon III.
Americans don't have it in their blood any more to fight for what they truly believe in, all they care about is letting themselves be sent like sheep to the government's slaughter house.
WAKE UP!
Americans don't have it in their blood any more to fight for what they truly believe in, all they care about is letting themselves be sent like sheep to the government's slaughter house.
WAKE UP!
Scottsdale
Apr 22, 12:43 PM
You don't think ? Seriously people, we had 1440x900 displays 10 years ago, on GPUs that had about 1% the graphics processing power of today and about a tenth of the RAM.
Heck, the 9400M could power external 30" monitors at their native resolution of 2560x1600 at the same time it powered in the laptop's internal display of 1280x800 without breaking a sweet.
What's so hard to grasp that the MBP's resolution staying at 1280x800 has nothing to do with the GPU in SB ? :confused:
Have you guys never used computers 10 years ago ? CRT monitors at 1600x1200 ring a bell to anyone but me here ?
Because part of releasing a new, backwards approaching, IGP in the 13" MBP required saving face for both its MacBook "PRO" name and Intel's IGP capabilities itself.
If the resolution is upgraded to 1440x900, the IGP is going to perform worse in comparison to the prior 13" MBP...
I also fear Apple's ridiculous 10.6.7 downgrade was somehow to show the MBA's IGP isn't as bad as it is going to be with SB IGP. Look at OpenGL performance on it, as it dropped 30% from 10.6.6. Now, we have seen Apple screw these things up before, but they also market their new products based upon prior products and list an OS X version tested on the prior gen. If they reverse course with 10.6.8 or 10.7, in the new MBA, then they might show only a 20% loss in IGP performance vs. the prior Nvidia 320m... when in reality, it might be more like a 50% plus loss in performance.
The big thing here, that NOBODY likes to think about is the 13" MBP uses a standard voltage CPU, while the MBA will use either ULV and LV or just ULV depending on who we believe. The ULV SB IGP operates at a greater than 50% loss than the Nvidia 320m. We can see this from competing products, that yes are running Windows but still have better OpenGL capabilities in the first place.
I think the big advantage to this downgrade will be buying clearance and refurbished Nvidia-based MBAs for 25% discounts... Unless Apple somehow fits a standard voltage SB CPU in the 13" MBA, I think most will be better off with C2D and Nvidia 320m at discounts.
Apple has been down the path of using a low voltage Intel CPU and IGP in the MBA before, and it was the worst Mac created since the Intel transition. It wasn't until Nvidia 9400m that the MBA became even usable. Yes, the SB IGP is better than prior Intel IGPs, but it's still utterly disappointing in LV/ULV variants. I guess the smart buyers will be buying clearance MBAs with Nvidia 320m and skip Sandy Bridge for a more reliable Ivy Bridge model. It depends on how each person uses the MBA, but I believe the vast majority are much better off with Nvidia and C2D. I just hope Apple doesn't destroy the MBA brand to try to make Intel's inferior IGP work... especially in LV and ULV variants.
Heck, the 9400M could power external 30" monitors at their native resolution of 2560x1600 at the same time it powered in the laptop's internal display of 1280x800 without breaking a sweet.
What's so hard to grasp that the MBP's resolution staying at 1280x800 has nothing to do with the GPU in SB ? :confused:
Have you guys never used computers 10 years ago ? CRT monitors at 1600x1200 ring a bell to anyone but me here ?
Because part of releasing a new, backwards approaching, IGP in the 13" MBP required saving face for both its MacBook "PRO" name and Intel's IGP capabilities itself.
If the resolution is upgraded to 1440x900, the IGP is going to perform worse in comparison to the prior 13" MBP...
I also fear Apple's ridiculous 10.6.7 downgrade was somehow to show the MBA's IGP isn't as bad as it is going to be with SB IGP. Look at OpenGL performance on it, as it dropped 30% from 10.6.6. Now, we have seen Apple screw these things up before, but they also market their new products based upon prior products and list an OS X version tested on the prior gen. If they reverse course with 10.6.8 or 10.7, in the new MBA, then they might show only a 20% loss in IGP performance vs. the prior Nvidia 320m... when in reality, it might be more like a 50% plus loss in performance.
The big thing here, that NOBODY likes to think about is the 13" MBP uses a standard voltage CPU, while the MBA will use either ULV and LV or just ULV depending on who we believe. The ULV SB IGP operates at a greater than 50% loss than the Nvidia 320m. We can see this from competing products, that yes are running Windows but still have better OpenGL capabilities in the first place.
I think the big advantage to this downgrade will be buying clearance and refurbished Nvidia-based MBAs for 25% discounts... Unless Apple somehow fits a standard voltage SB CPU in the 13" MBA, I think most will be better off with C2D and Nvidia 320m at discounts.
Apple has been down the path of using a low voltage Intel CPU and IGP in the MBA before, and it was the worst Mac created since the Intel transition. It wasn't until Nvidia 9400m that the MBA became even usable. Yes, the SB IGP is better than prior Intel IGPs, but it's still utterly disappointing in LV/ULV variants. I guess the smart buyers will be buying clearance MBAs with Nvidia 320m and skip Sandy Bridge for a more reliable Ivy Bridge model. It depends on how each person uses the MBA, but I believe the vast majority are much better off with Nvidia and C2D. I just hope Apple doesn't destroy the MBA brand to try to make Intel's inferior IGP work... especially in LV and ULV variants.
minnesotamacman
Sep 19, 09:12 PM
I bought a movie (Good Will Hunting) to try out the whole shabang and see the quality for myself. The 1.5Gb download took 6+ hours on my crappy adelphia cable modem (it feels slower every day, what am I paying 50 bucks a month for again?). I was satisfied with the image quality on my 20" Dell widescreen, but sitting at my desk to watch a movie instead of my couch isn't the movie experience I'm going for. Sadly, I probably won't be buying another iTunes movie.
Not that anyone cares.
Your right, we might not care... But, get an iPod, then hook the iPod to the
TV using the dock with S-Video connection. Looks awesome, and most cannot
tell the difference between it and a DVD.
Not that anyone cares.
Your right, we might not care... But, get an iPod, then hook the iPod to the
TV using the dock with S-Video connection. Looks awesome, and most cannot
tell the difference between it and a DVD.
kryca
Apr 23, 07:09 AM
I still don't get why there is still no mention of built-in 3G support. For a device as mobile as the MBA, it's beyond me why it's still missing.
The clunky UMTS USB sticks are difficult to handle on the go, particulary on Rev C and earlier they usually don't even fit without an USB extension cable. :-(
But maybe I'm missing something here :-)
The clunky UMTS USB sticks are difficult to handle on the go, particulary on Rev C and earlier they usually don't even fit without an USB extension cable. :-(
But maybe I'm missing something here :-)
PlipPlop
Apr 28, 05:31 PM
Then Microsoft will surge to the top again when they release Windows 8 and a new version of Office.
Mal67
May 1, 12:34 AM
I absolutely agree. This is the same reason why I was hoping the USB 3.0 would be on this version. I realize now that is almost certainly not going to happen. I just thought that with so many PC's (including some PC laptops) already offering USB 3.0 that maybe the brand spankin' new iMac might be so equipped.
ivybridge imac 2012 for usb3?
+ when will we see the sandybridge mac minis?
ivybridge imac 2012 for usb3?
+ when will we see the sandybridge mac minis?
h00ligan
Apr 20, 10:47 AM
Great input.
Edited above. Re :gps
Edited above. Re :gps
Moyank24
Apr 4, 11:53 AM
As others have said, it looks like it was more than a simple smash and grab...the suspects appear to have been armed. I'm sure as the day goes by we'll get more of an idea of what happened.
From the article:
Two men and woman apparently did a "smash and grab," in which glass doors and windows are broken and merchandise is grabbed quickly, CVPD Capt. Gary Facicci said.
A private armed security guard interrupted the burglars and at some point, gunfire was exchanged with the two male burglars, who were also armed, Facicci said.
The male suspects and their alleged female accomplice then got into a vehicle that crashed while still inside the shopping mall, Facicci said, noting that one of the men was driving and he died in the crash. Reports from the scene indicate he had been shot in the head.
The getaway vehicle crashed into a wall at the mall.
The second male suspect and female were arrested at the scene, Facicci said. Both were described as being in their mid-20s.
From the article:
Two men and woman apparently did a "smash and grab," in which glass doors and windows are broken and merchandise is grabbed quickly, CVPD Capt. Gary Facicci said.
A private armed security guard interrupted the burglars and at some point, gunfire was exchanged with the two male burglars, who were also armed, Facicci said.
The male suspects and their alleged female accomplice then got into a vehicle that crashed while still inside the shopping mall, Facicci said, noting that one of the men was driving and he died in the crash. Reports from the scene indicate he had been shot in the head.
The getaway vehicle crashed into a wall at the mall.
The second male suspect and female were arrested at the scene, Facicci said. Both were described as being in their mid-20s.
NeroAZ
Apr 20, 12:10 PM
Is this true?
I though that an in car GPS just receives the signals from the satellites and works out your position. How can that be tracked? :confused:
They do just receive, not transmit, however they also keep track logs.
I though that an in car GPS just receives the signals from the satellites and works out your position. How can that be tracked? :confused:
They do just receive, not transmit, however they also keep track logs.
Mudbug
Sep 14, 12:14 AM
screen is scaled 16x10 format (don't know if that's right or not) - key shape/layout is unknown.
again, these are renditions, not the product itself. Although, I'd buy one...
again, these are renditions, not the product itself. Although, I'd buy one...
840quadra
Oct 12, 01:13 PM
Red?
I wonder if I have room in my iPod collection for such a device :D .
If this is true, I would be happy to see this come to life, not because of the color, but because of the charity aspect.
I wonder if I have room in my iPod collection for such a device :D .
If this is true, I would be happy to see this come to life, not because of the color, but because of the charity aspect.
No comments:
Post a Comment