Get Better Gear!

Premier Sponsors

TechRestore

Other World Computing

Top 5 Free Apps

Release Date: August 05, 2009
Genre: Games
Release Date: May 22, 2009
Genre: Games
Release Date: August 29, 2009
Genre: Games
Release Date: March 27, 2009
Release Date: August 07, 2009

iTunes New Music Releases

Release Date: September 29, 2009
Genre: Rock
Release Date: September 20, 2009
Release Date: September 15, 2009
Release Date: August 25, 2009
Genre: Rock
Release Date: August 25, 2009

Top 5 Paid Apps

Release Date: April 22, 2009
StickWars $0.99
Release Date: March 31, 2009
Genre: Games
Bloons $0.99
Release Date: April 05, 2009
Genre: Games

Discover New Music

  • Aretha Sings the Blues

    • 6 out of 10
    • Aretha Franklin
    • While she didn't always have the best taste in song selection, Aretha Franklin is a must-study for anyone with interest in the human voice. She has the kind of powerful, recklessly passionate deliv

  • Pretty Hate Machine

    • 8 out of 10
    • Nine Inch Nails
    • For years I wanted to make music that sounded like something between Love and Rockets and Ministry. In 1989, Trent Reznor beat me to it with this genre-defining album, and it smacked me upside the hea
  • King James Version

    • 4 out of 10
    • Harvey Danger
    • The sophomore effort from Harvey Danger, I was really looking forward to this followup to "Where Have All the Merrymakers Gone?" Unfortunately, "King James Version" failed to deliver any of the bri

  • Billy Miles

    • 10 out of 10
    • Billy Miles
    • Take the voice of a young Billie Holiday and stuff it into a svelte, petite body with the face of an angel, and you have some idea of what it's like to experience the music of Billy Miles in her self-
  • Is This It

    • 10 out of 10
    • The Strokes
    • The Strokes set the music world on fire with this 2001 album, with headlines declaring that the New York band was here to save Rock and Roll. While the band hasn't made as much of a splash since t

Reader Specials

Visit Deals On The Web for the best deals on all consumer electronics, iPods, and more!

News

Web Site Sues Apple Over Take Down Notice

OdioWorks was hit with a notice from Apple demanding it remove iPod and iPhone-related information from its Web site over copyright and Digital Millenium Copyright issues, and now the company is fighting back by suing Apple. OdioWorks -- with some help from the Electronic Frontier Foundation -- is claiming that the content on its site didn't infringe on Apple's copyrights, nor did it violate the DMCA.

Information on a OdioWorks-hosted forum called BluWiki apparently described how to use an iPhone or iPod with music and movie management applications other than iTunes. The company replaced the forum entry, which was titled "Ipodhash," with a notice that they had been asked to remove it after receiving the request from Apple's legal team on December 17, 2008.

OdioWorks and the EFF filed the lawsuit in U.S. District Court on April 27 with an assertion that the forum entries did not violate Apple's copyrights or the DMCA. The suit is asking for attorney fees and costs along with "any relief the Court deems just and proper."

 

7 comments from the community.

You can post your own below.

Tiger said:

Wait, I’m confused. They received a request to remove the information. They removed it. And then they’re suing for complying with a request? Suing for what damages, or being stupid?

If they don’t agree with the request, put the info back up and then let Apple sue you.

Bunch of bottom feeders.

   Quote

Lee Dronick said:

“Wait, I?m confused. They received a request to remove the information. They removed it. And then they?re suing for complying with a request? Suing for what damages, or being stupid?”

Good point.

   Quote

Bosco (Brad Hutchings) said:

@Tiger… The way the DMCA works is that the web site avoids liability by complying with a correct take-down notice. OdioWorks did this, so they have no liability for what was posted. Now OdioWorks, with EFF, is suing Apple to get a judgement that the content was non-infringing under DMCA. Procedurally, that is the correct way for OdioWorks to handle it, as it lets them avoid liability, but still gives them a hearing of their grievance in court.

More often than not, the EFF takes on stupid cases that make them look like info-commie freetard pansies. This one is more nuanced. It’s not an attack on the DMCA. It’s an attack on its boundaries. Apple has had to do a lot of complicated things to keep its monopoly as arbiter of good taste for the iPhone and iPod Touch. On the iPhone side, there’s a business case to be made because of the relative scarcity of radio bandwidth, and there’s consumer expectation that carriers control the mobile experience. The iPod Touch, though, goes against consumer expectations and market precedent in having one entity control what can go on the devices. I don’t want the courts, legislators, or regulators to step in and tell them they can’t do that. I would like the model to ultimately fail. I don’t mind if the courts examine the labyrinth of contracts and legal reasoning that prop up this exclusivity. In this case, the court would be examining how much power the DMCA gives Apple toward this end.

   Quote

Tiger said:

Nuanced? Sounds like a chicken $__t grab for cash and nothing moree. Suing a company over the regulations of a federal law after self-complying is totally spineless and completely up the alley of the EFF. They “avoid” liability so that they’re not sued by complying and suing? Oh, that wreaks of duplicity and is a model for hypocrisy.

Knowing full well in advance of Apple’s terms, business model, etc., (it’s not like any of these things were hidden), OdioWorks knowingly posted content that they knew would fly in the face of the DMCA and yet now act like the injured party. I hope a judge biatch slaps them down with prejudice for being stupid.

Welcome to change. It is a different world. There is a LOT of competition. Instead of making their own product or service, and God forbid have to actually be creative, they rip off somebody else’s property and ideas, and worse, publicly enable others to do so as well. The iPod touch is anything but unique. It was totally a late-comer to the market. And yes, it’s done well. But it is by no means the end all and be all of the music player market. Except that it has Apple’s name on it.

Apparently, there are people who believe that if it says Apple on it, they’re entitled to steal it.

Let’s hope they get Pontiac’d.

   Quote

Bosco (Brad Hutchings) said:

Hey Tiger. How about arguing about things you know the facts about. From the linked article:

OdioWorks filed the lawsuit in order to vindicate its right to restore those discussions. Filed in federal court in San Francisco, the suit seeks a declaratory judgment that the discussions do not violate any of the DMCA’s anti-circumvention provisions, and do not infringe any copyrights owned by Apple.

They aren’t asking for monetary damages, just a judgement. Apple is making a giant leap using the DMCA for this. The DMCA is about legally stopping technological workarounds for violating copyright, not preventing technological workarounds for loading unapproved software onto a device that you own.

   Quote

azarkon said:

This doesn’t actually sound like a ploy to suck money from apple.  If it were, the complaint would ask for more than attorney’s fees and “any relief the court deems proper”  Rather it seems more interested in asserting freedom of information.  It seems like this will be a simple fact-finding legal case.  If Apple was harassing website owners with legal threats that are outside the scope of the law, than they should absolutely pay the legal fees.

   Quote

Page 1 of 1 pages

Post Your Comments

  Remember Me  Forgot your password?

Not a member? Register now. You can post comments without logging in, but they'll show up as a "guest" post.

Commenting is not available in this section entry.