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Apple Businesses

Apple Forces Aqua Themes Off themes.org 293

Teferi writes "I was browsing t.o and just noticed this - Apple has apparently sent a Cease and Desist letter to themes.org stating that several of the OSX-look themes up othere are copyright violations, because they use the Apple logo in one or two small places (like this theme). " I've actually exchanged mail with OctobrX on this one, and read the C&D letter. Apple's stating violation based on using of copyrighted materials - the Mac OS and Apple logos in this case. Hopefully, now that Apple is talking with the creator of the themes, things can be resolved amicably, and the themes restored - but for the meantime, the themes have been pulled.
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Apple Forces Aqua Themes Off themes.org

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  • by rosewood ( 99925 ) <.rosewood. .at. .chat.ru.> on Thursday February 17, 2000 @03:10AM (#1265623) Homepage Journal
    If apple con stop and force themes off, then now what is stopping movie companies from stoping themes based on movies? Such as the common fav matrix theme (dont know why) things that Im sure the producers and the file company would love to see removed and then paid for.
  • by Anonymous Coward
    I really wish that the Beatles has sued 'Apple' for using their Record Labels name. It STILL pisses me off.
  • A simple substitution might be in order as I guess the apple image is a trademark. Remember that you need to protect your trademark to maintain your ownership of it.

    Mark

  • by ruud ( 7631 ) on Thursday February 17, 2000 @03:13AM (#1265628) Homepage
    As someone on themes.org said, this is purely a trademark issue, since they left other themes that do not use the Apple symbol, but do use a MacOS look alone, e.g., Aqua [themes.org].
    --
  • This should be interesting.

    We should get to see how reasonable Apple can be... hopefully the themes can go back up after modification. We really shouldn't be using the _actual_ Apple logo for themes.

    But then again, why is apple snooping around a Linux Desktop Themes site for copyright violations?

    Apple has the potential to either show itself as a more benevolent and flexible bigwig, or as an immature "mine mine mine" Big Corp(tm). A showing of the latter will further alienate the Linux/Apple communities, methinks.

    ----- if ($anyone_cares) {print "Just Another Perl Newbie"}
  • by Anonymous Coward
    They had the logo there - I mean, what did everyone expect? That we can make stuff that looks like Apple made it and get away with that?

    I just hope the people who made the themes remove the stupid logos and put the themes back up - they were great! But as long as the logo is there, I think Apple is doing the only reasonable thing by opposing the themes.

    --
    AC

  • Apple probably has a point with this, if the themes had the Apple logo in them. The Apple logo is a trademark and they must protect it. I just checked sawmill.themes.org and all the Mac OS X like themes (like Aqua X [themes.org] are still present.
    Of course none of the ones remaining have Apple logos.

  • by FonkiE ( 28352 ) on Thursday February 17, 2000 @03:19AM (#1265633)
    remove the trademaked icon and post it again. no problem ...
  • Apple is pissed off with the usage of their Trademark, most likely being used to pretty up another hardware and software platform.

    They could probably ask /. to stop using it.

  • I did read the article. Ive seen a matrix theme (to go back to that) where the matrix logo was used. It was called "the matrix" theme too. Also, sounds from the movie were used. This seems to me enough where you could get it yanked under very similar ideals.
  • As I Just read your post I noticed that /. uses the small lil R next to the logo. But thats just me. I dunno.
  • Back in the days when Copland was the Next Big Thing on the horizon, the future of MacOS' look was to be an insanely great new look named "high tech" or somesuch (I forget the name). Some people saw screenshots of it and made Kaleidoscope schemes based on it. Soon enough, these were pulled, no doubt because of Apple protecting its look and feel.

    Apple regard their look and feel as a trademark and defend it jealously. It wouldn't surprise me if they had taken out design patents on key aspects of it. If Apple are to be open and non-proprietorial about anything, it is not going to be their look and feel.

    I'd be very surprised if Apple allow this to be resolved with anything short of the withdrawal of anything vaguely Aqua-like.
  • There's absolutely no reason that movie companies can't stop themes that are based on movies. They could also ban fan fiction. Normally they don't though, since this would be expensive and pointless, and would alienate some of their fans.
  • by kwsNI ( 133721 ) on Thursday February 17, 2000 @03:26AM (#1265641) Homepage
    > But then again, why is apple snooping around a Linux Desktop Themes site for copyright violations?

    A.) If you remember a few weeks ago, Linus Torvalds had to do a similiar thing with people that were using the Linux logo and violating the Linux copyright. Most people were able to understand how Linus could be so worried about the Linux name, but when Apple does the same thing, many people on Slashdot are getting upset. Apple has to defend their copyrights or they risk having a more major copyright infringement go unpunished because they wouldn't punish the smaller ones.

    B.) Honestly, if you designed an operating system and someone else designed an OS (over even a theme) that LOOKED like yours, down to the logos - wouldn't you be a little upset too?

    I hope that Apple will be understanding and allow Themes.org to repost the themes with the Apple logo's removed. But I have to agree with what they are doing.

    kwsNI

  • If the theme uses copyrighted material from the movie, then I suppose there is fair game. Just doing something in the "style" of a film, like, say, the "neuromancer" theme is in the style of the book.

    Personally I think that things like that are actually beneficial to the company, since it's basically a big advert (Like someone's likely to think they don't need to watch the Matrix because they've already seen the theme;)
    --

  • It's their logo and it was intended to be their logo when the theme was made, and someone could argue that if someone saw the apple logo on someones desktop then someone might think that computer was an apple computer. Whether that is good or bad for apple I dunno, but it's probaly bad for idiots who go out and buy an apple and then don't get all the cool widgets they saw on the fake Xwin apple.


    -[ World domination - rains.net ]-
  • Actually, they already have. Apple Records has no recourse though except when Apple Computers makes products in the same market. They coexist peacefully now.
  • by friedo ( 112163 ) on Thursday February 17, 2000 @03:30AM (#1265646) Homepage
    IMO, Apple acted perfectly responsibly. The Apple logo is a trademark, and if a trademark is not protected, you lose it. That means that Apple has to look around on places like themes.org for violations. Obviously, they don't care if people emulate their UI, since other themes were left intact. I think Apple acted responsibly.
  • by sjames ( 1099 ) on Thursday February 17, 2000 @03:30AM (#1265647) Homepage Journal

    Or a bananna instead of the apple? There's enough fruit for everyone.

  • AFAIR Sir Paul McCartney tried and failed a few years ago.
  • by avdp ( 22065 ) on Thursday February 17, 2000 @03:31AM (#1265649)
    They missed quite a few themes that include the Macintosh logo. Well, at least one, this one [themes.org]. Not that I am asking for them to be removed, but is it really Macintosh logos they're after, or is it they don't want MacOSX look alikes? Cant' help but to wonder eventhough I am familiar with copyright laws and Mac's need to enforce it (or loose it). Could be they just didn't notice these other themes.
  • If it is simply a matter of trademark protection, when will /. get a C&D of it's own for using the Apple logo to indicate news relating to Apple (like the one used on this article)? ^_^ Or are there different legal issues for a news site to use trademarked images than other sites/themes/etc?
  • by medcalf ( 68293 ) on Thursday February 17, 2000 @03:32AM (#1265652) Homepage
    The idea is to prevent consumer confusion. A movie logo on a software product is not likely to cause the software to be mistaken for the movie. A computer manufacturer's logo on a software product is likely to cause at least some people to assume that the product was made by the company whose logo appears in the product.
  • Apple was sued by the Beatles record company. Apple settled out of court (I believe) and agreed to never enter the music industry. They were sued again when Apple began to support the MIDI standard which was interpreted as breaching their agreement with the record label. I think that also got settled out of court.

    So you got your wish.

    cr
  • by ejbst25 ( 130707 ) on Thursday February 17, 2000 @03:35AM (#1265654) Homepage
    I wasn't real sure on this one...so I called my uncle who is a copyright lawyer. He says that if a company begins letting people use their trademark without giving them credit, they may very well lose any trademark battle they have. So, although those themes may have been made out of respect...if Apple takes someone to court for using their trademark because it was done negatively, there is a good chance that by throwing the fact that others use their trademark without displaying that it is Apple's tm, that they will not win the court battle. Otherwise, once you let one person use it without them showing that it is trademarked...it would be difficult to stop another person from using it.
  • They did.


    The original settlement was Apple Computer was NOT to enter the music business. (aka no computers that could 'do music')


    Apple was then sued a second time, and lost 26 million.


    A link [macobserver.com] with some other links about it.

  • by SvnLyrBrto ( 62138 ) on Thursday February 17, 2000 @03:41AM (#1265658)
    Seems that a lot of people here do not realise what I think you meant to say, but didn't quite get out.

    Since the Apple logo is a trademark...

    Apple MUST agressively protect it, or they will LOSE the rights to said trademark. The same applies to ANY trademark.

    Did't Linus have to shutdown an auction of *linux*.* domain names not too long ago? Well that's the same thing. The holder of a trademark, be it Apple or Linux or Sun or whoever, can NOT ignore ANY transgression. If they DO, they lose the rights to that mark.

    Yeah, I know that's bass ackwards. Buy that's out wonderful intellectual property laws. Oppressively strict protection in some places, ridiculously loose in others. Seems that they are written only to provide income for lawyers, not protect the intrest of consumers OR producers.... (sigh).

    john
  • Ok, then it could be only a matter of time until Slashdot can't use the Apple logo anymore in its news messages.

    Bah... I still liked the rainbow apple better anyway :)

    --

  • Part of the reason Apple re-did the logo:

    1) To cheapen up the printing of materials. 1 color vs 6.
    2) To allow Apple to establish an iron rule over the brand. Mr. Jobs does understand the importance of branding. He'd love to see Apple become as big a brand as Sony.

    If Apple is wanting EVERY theme that makes the machine look Aqua-esque (or Mac OS esque) then someone needs to take Apple to court. If they are only being anal about the 1/2 chewed Apple logo, they are intitled to be anal.

  • Well, just looking at the screen shot of the theme link you posted (I've not tried the theme itself), there is both the MacOS face logo thingy, and the apple logo in the top bar of that theme.

    Of course, the screen shot could be from the wrong theme, but hey..

    ---
  • From the website:
    "About 1 week ago, VA Linux Systems received a Cease and Desist letter from Apple Computer, Inc. of Cupertino asking us to remove this and one other theme from the themes.org website. After reviewing Apple's request, we decided to comply.
    We have sent a copy of the Apple Cease and Desist letter on to the theme authors, and told Apple to resolve its allegations with those individuals directly. In the meantime, VA felt that the presence of Apple's logo in the theme justified pulling the themes, pending a resolution."

    I'll admit I do not have all the facts here and I would like to know more. However it would seem that they're trying to pass responsibility for the whole thing on the little guy who authored the theme. That seems awfully curious, granted that could be is how business for VA. I'm sure plenty of companies would do the same, but I was sort of disappointed with VA when I read that. It would be interesting hear a few more details about this.
  • by pugugly ( 152978 ) on Thursday February 17, 2000 @03:46AM (#1265665)
    Sounds like most everyone is in agreement - A trademark is a trademark, a trademark has to be protected or lost under US law, and the themes (including aqua) were in violation of trademark. Even themes.org agreed with that.

    So what's the problem? If there were any evidence that Apple had been vicious or overbearing about (Remove these themes This Instant or we'll break you and your site) I would understand people being upset. But from what little evidence is available this sounds as if it was a polite reminder that Apple has to protect those trademarks or lose them, and those themes are in violation. If someone knows otherwise, say so.

    Pug


    Whether they're called Faith, Axioms, or Assumptions,

  • I doubt they would try to stop a site like /. from using the apple logo.

    First off, it's probably considered fair use, somehow. Using the apple logo to signify stories about Apple is hardly misuse of the logo. Otherwise IBM would sue the Wall Street Journal or something stupid like that.
    ---
  • My understanding of Trademark law is that if you don't put up a good show by defending your own trademark in small instances, then the government isn't going to bail you out when you've got much larger trademark issues.

    "The government helps those who help themselves" -- at least in this instance.

    I definitely don't see this as a case of MegaCorp cracking down on the innocent little opensourcers. Whoever made the theme *did* use the Apple logo, which to a newbie could possibly be construed as meaning that the theme was officially supported by Apple.

    I've seen lots of Apple-logo themes, and I had always wondered why Apple was doing anything, since it could cause them major problems down the road (if a *real* trademark issue ever came up).

    ICQ: 49636524
    snowphoton@mindspring.com

  • Your issue with the Matrix theme is mute. The Wachowski brothers don't care, they love the publicity. If you have ever listened to the audio only track on the DVD, they say right at the "WB" logo that they messed with the logos to show everyone that they are non-conformist.

    My point again is that the Wachowski brothers don't care.


    Munky_v2
    "Warning: you are logged into reality as root..."

  • Peoples,

    If someone writes code and posts it somewhere they are usually going to give themselves credit and hopefully a GPL tag too. Code is kinda your product. Well Apple's sig. for its products is that Apple Logo. Apple is just making sure that when people see that Apple its a clear indication of who made it (like your sig is a clear indication that your code was written by you). You probably wouldn't want me to tag my code with your name (mainly because my code is awful and may diminish your name as an exellent programmer if you don't act quickly). Trademarks must be defended to be kept.

  • Actually the Apple Records did sue, although they settled out of court. Apple Computer agreed that they would not make machines that create music. (Third parties are free to do anything they like.) None of the sound effects included with a Mac system has ever been a musical note for this reason, they are always things like "quack", "purr", "beep." The only one that does sound like an instrument is called "sosumi". As for /. and the Apple logo, it is fair-use. /. is writing (or allowing) editorial comment and debate about Apple. It is the same as a newspaper using the logo in a story about Apple. If /. were to use the Apple logo in a marketing campaign, Apple would have a case.
  • why bother, if the idiot cannot read the sales figures for him/herself then they won't be able to read this message
  • Make a computer behave and look like a competitor (with the logo) and you may take away their business.
    Make a computer ispired by a movie or a book and you may create business...
  • by SvnLyrBrto ( 62138 ) on Thursday February 17, 2000 @03:56AM (#1265676)

    Twice.

    Once when they were first formed. McCartney and his merry little band of legal jackals attacked Apple when it was still Jobs and Woz working out of their garage, introducing Apple Computer to the wonderful world of litigation.

    They tried to get Apple to change it's name to various other fruits, like Orange and Banana. Sonn enough tho, Jobs and co. hired competent legal council and found out that the beatles had no legal leg to stand on, so long as Apple was in the computer business, not the music business.

    Not content with peaceful coexistence, misters "we're better than Jeasus" kept an eye on Apple from afar, waiting until they were a big company with lots of money they could extort, rather than two kids in a garage.

    The beatles sued again when Apple released a Macintosh that had the POTENTIAL to used with MIDI. This was settled out of court for one of those infamous "undisclosed sums".

    Incidently, that lawsuit was the origin of the "sosumi" beep in the Mac sound control panel. It was originally to be called "xylophone" (spelling?)... but Apple's legal dept thought that having a mucical insturment named in the OS woulod hurt Apple's case against mccartney and his minions. So the engineers renamed the beep "sosumi". They spelled it out over the phone to the approving lawyer, telling him it was a Jappanese word for "peace and harmony" or sone such. The legal dept agreed, and thus a beep was born.

    Both cases (and the development of the "Sosumu" beep) can be read about in more detail in Owen Linzmeyers: "The Mac Bathroom Reader" or the sequel by the same author *title of the sequel escapes me tho).

    john
  • Go here [themes.org] to grab it before it disappears!

    NJV

  • by ajs ( 35943 ) <[ajs] [at] [ajs.com]> on Thursday February 17, 2000 @04:00AM (#1265679) Homepage Journal
    B.) Honestly, if you designed an operating system and someone else designed an OS (over even a theme) that LOOKED like yours, down to the logos - wouldn't you be a little upset too?

    Absolutely not! I would do exactly what Apple did, but I'd never be upset about it.

    US trademark law requires that Apple do this in order to defend their trademark and copyright interests. If they don't Microsoft could then use the Apple logo and successfully argue that Apple is being selective about who it goes after, and Apple might lose the trademark.

    On the other hand, if I had designed the Mac look and feel, I would be thrilled that it was so instantly adopted by so much of my competition! The rapid adoption of the Aqua look and feel means that Apple did good user-interface wise. I use Aqua under Sawmill and Gtk+ (actually AquaX under Sawmill) and I think it's one of the best innovations in desktop look-and-feel so far. First off, why did it take this long for people to think of color-coding window baubles? It certainly improves the ease-of-use for me. Also, horizontal pin-striping struck me as a bad idea at first, but somehow it adds something to my desktop. It almost seems as if the applications are more "crafted".

    Apple did a great job here, and they know that every innovation will be coppied by the rest of the market. In a way, I'm sure this is why they went for such a radical look. They want everyone to say "oh yeah, that's the new Mac look". Microsoft would call this "mindshare".
  • Wasn't there a big deal going on with IBM...oh...12-18 monthes ago?

    /. had a nice 3D looking IBM logo...and then the IBM lawyers came down on Rob...and after a week or so it was decided that /. could use just the "official" IBM logo?

    I'm showing my age here right?
  • But that theme does use the Apple logo.. Look at the center of the very top of the screenshot Leaving this one up was probably just an oversight. [themes.org]
  • If I remeber right...didn't the Stereo Component maker Mackintosh sue Apple too? Trademark violation because of the Macintosh computer...
  • I (the author of the theme in question) was thinking of an aqua blue apple core. Just taking mroe bites out of it :-)

    Perhaps the little face logo could be frowning or something different like that.

    --Ben

  • Fair Use is a defense to copyright infringement. It is not a defense to trademark infringement.

    The presence of the registration mark in the /. icon is a defense.

    Anomalous: inconsistent with or deviating from what is usual, normal, or expected
  • Or an outline of Tux, done in the same blue hues?

    Don't know if it would look good that small, though...
  • by Anonymous Coward
    Apple has that look and two others patented. Here are a few (there's many more, look them up yourself). Check the images at IBM's patent server http://www.patents.ibm.com.

    Hi-Tech D392,963 Ornamental design of scrollbars
    Hi-Tech D393,635 Modal window for a computer display screen
    Hi-Tech D402,284 Ornamental design of a set of windows
    Gizmo D391,559 Modal window for a computer display screen
    Gizmo D391,947 Utility window for a computer display screen
    Hi-Tech D392,265 Utility window for a computer display screen
    UNIDENTIFIED D404,385 Ornamental design for a composite desktop
    UNIDENTIFIED D406,122 Ornamental design of a set of windows
    UNIDENTIFIED D406,123 Ornamental design of scrollbars
    UNIDENTIFIED D413,588 Menu design for a computer display screen
  • This was about trademarks. And apple probably has an inflexible policy that all trademark infringement has to be challenged. They dont care about the look and feel which is obviously cloned in similiar themes which did not have the apple logo (This has been stated). One of the uses of a trademark is to identifier the producer of a product. Sure, apple *might* have let this slide, which would have been a decent thing to do; but what about users that may have been under the impression that Apple had actually created and approved the theme? I think this was a good idea.. It really isnt about copyright infringement, which *may* cover some of the movie and people themes. And it sounds like once the logo is removed the theme should be fine.
  • Turn the apple backwards.
  • They did! And it was settled out of court. The recording company got an undisclosed amount of cash (a very large amount) and Apple's word that they wouldn't get into the recording industry.

    The story goes that when Apple Computer started including a microphone with their computers (in the early 90's, with System 7.) This could be construed as "getting into the recording industry" and so Apple Computer made a beep sound and called it "sosumi".
  • -- However it would seem that they're trying to pass responsibility for the whole thing on the little guy who authored the theme. --

    That's becuase all themes.org (and so indirectly VA) does is post the theme. AFAICT, it was not authored by a themes.org staff member, so really using the apple logo in the theme is the responsability of the author.

    And it is not a "look and feel" case here - they were actually using the Apple logo in the theme. There are other Apple "feel like" themes that don't use the actual logo.

    However, it is still odd that Apple feels the need to do this.
  • As the author of two of the themes in question, I would like to know if Apple has any leg to stand on as far as look and feel. If I were to remove all of the Apple logos and replace them with Enlightenment Es (which I did in one place) or Penguins or Gnome feet would the theme then be legit?


    Now that I think about it, my GTK theme doesn't have any logos in it. All of the logos are in the Enlightenment theme. Hmm...


    --Ben

  • I know you think you understand what you thought I said, but I'm not sure that you realize that what you read is not what I meant.

    [Dr. Evil voice]I meant mute, like it has no voice. No power. It's dead really.[/Dr. Evil Voice]


    Munky_v2
    "Warning: you are logged into reality as root..."

  • So Apple is prepared to sue over the use of a two dimensional shape ?

    Apple launched some new toys yesterday. I saw it here on /. If anyone produced knock-offs of the innovative parts of those, we would all wish to see the copier punished.

    But to sue over someone using a logo ? I'm sorry ! Logos are two dimensional. There are millions of organisations in the world with logos. Everytime you doodle, or perform a bodily function, you risk imitating someones logo ! The mathematics of topology in two dimensions, and the number of logos in the world make this unavoidable.

    This is not about Apple the technology leaders. This is about Apple, once the technology leaders now being led by their marketing executives. This 'cease and desist' letter demonstrates that in their case, style has defeated substance. There will be no more toys to kill for from Apple, just pretty monitor cases, pretty logos and law suits for anyone threatening the topology of their logo, or using the wrong shade of blue anywhere.

  • 1. A rotten looking apple, with a worm sticking out ot it.
    2. An upward extended middle finger in rainbow colors.
    3. The now defunct (maybe) SGI cube.
    4. A window of many colors, flapping in the wind - from right to left so we don't offend MS-Anyone(TM).
    5. Tux, eating an apple.
    6. A nicely rendered drop of water that just screams "Aqua!".
  • Fascinating idea, but no sane theme would require such a trick or in any way rely on it. There are just too many people without constant connections and besides, anything such as a windowmanger, imho, should never depend on network availability or another particular machine (I don't even run wms stored on nfs, I copy them first, then use em :)
  • by Megane ( 129182 ) on Thursday February 17, 2000 @04:27AM (#1265709)
    stating violation based on using of copyrighted materials - the Mac OS and Apple logos in this case.

    This is one of my pet peeves, right up there with misspelling "lose" as "loose". Copyrights are, as the name implies, the right to copy something. Trademarks are logos and words which are used by companies to identify and distinguish themselves.

    Trademark law has one important difference from copyright law, and that's the "enforce it or lose it" clause. If Apple didn't go after these and other unauthorized uses of its trademarks, it could end up losing the rights to them. It's much worse with words, and Xerox has a never-ending battle to avoid having their company name become a generic word.

    If copyright law was like this, it would either be complete anarchy (it's too easy to copy something in private) or a complete police state (to hunt down every instance of illegally copied material).
  • Turn the apple backwards.

    If I recall correctly, that's what SNL did in their "Mac PostIt" parody ad. It was also striped in the other direction, but they don't stripe the logo anymore so you can't use that.

    I'd suggest getting rid of the bite, implying that your version is in some way more complete than Apple's.
  • This theme doens't use the logo.
    The screenshot does, but the theme is for the widgets only, and they don't use the mac logo.
  • What you are remembering is Jobs showboating.

    Jef Rafkin called his project Macintosh. When Steve was moved to Macintosh (because no one else in the company wanted to deal with him) Jobs and the rest of the crew liked the name.

    Apple tried to buy the name off the stereo maker. No luck. Then, Jobs walked into a meeting when spirits within the Mac developer group was low, and showboated. He announced that Apple had bought the name Macintosh.

    1) Apple could try to get the name, and prove Jobs to be a liar.
    2) Apple had to buy the name...whatever the cost, thus the lie of Jobs would not be known.

    6 million in early 1980 dollars is the common figure bantered about for what the name cost Apple.

    So, no suit.
  • by Filgy ( 2588 )
    The E-X theme was pulled not the Aqua and Aqua-X themes or whatever they are called (the one you linked to).
  • Typical David vs Galiath situation. Big bad evil corporation Apple comes knocking down on Joe Smoe theme creator, demanding that s/he to remove clearly copyrighted material. Of course, the only kind of copyright that we slashdoters have to respect is the GNU, we see any other kind of copyrights as inferior and just a way for big bad evil corporations to make more money. Well excuse them for trying to make a bug.(spl? :)
  • Or an outline of Tux, done in the same blue hues?

    Sounds like the icon that should have been used in the first place. An aqua embossed silouette (sp?) of Tux would be perfect. An option to select from various "aquified" icons like Red Hat, KDE, and Gnome icons would be even better.
  • Didn't Nabisco sue them once over the term "Apple Newton"?
  • The re-do of the logo seems a good marketing ploy. In my mind (and many others, I'm sure) the old multi-colored logo seems nostalgic (like the Apple II). Revamping the logo to match the new product line makes quite a bit of sense.

    Plus, Apple (especially under the leadership of Steve Jobs) has always been 1/2 tech, 1/2 marketing. Apple probably sells as many computers on "image" as they do on tech. Jobs and crew have done a great job of promoting Apple as the alternative computer (i.e. 'Big Brother', 'Think Different', etc. ,etc.) Losing firm control of that image (allowing the Logo to be spread without company control, the Mac 'clones') just seems to downgrade the counterculture image that Apple has worked to build. (That's why they seem to enjoy suing *everybody* over look/feel issues.)

  • .. is still in e.themes.org: yes, Apple logo indeed [themes.org].
  • I'm seeing several people saying that Apple needs to defend their trademark to protect it, but they also could give these authors express written permission to use it. Which, wouldn't make them look like bullies, and also keep them honest on trademark patrol.

    But that's not their motive here. Their motive is to protect their "look and feel." There's plenty of places on the net where apple's logo is being used without express written consent, and I don't see them going after them. I know the "Apple Platinum" & "eMac" themes have an apple logo... Hmmm... But that's old stuff. So they aren't too worried about that.

    <conspiracy theory>
    Could it be that Apple is going after Linux, because it's a competitor for their OS? It runs on their machines, is a better OS, and now can look just like it? Apple's had quite a run without competition for the OS on their machines. They got rid of Mac Clones, because they couldn't handle the competition. Prices were just too low. Fortunately for Apple, they had the OS to leverage, and without licences for Mac OS, these clones weren't really worth too much. Now... Linux is a mainstream competitor, and runs on Apple hardware, and can look just like their latest and greatest. Could someone build a G4 based machine with Linux preinstalled with the E-X theme and Aqua GTK theme on it? It's a possibility. Are they worried? I'm guessing so.
    </conspiracy theory>

  • Hmmm, I saw a theme for E that looks just like mac OS, even has the "Apple" logo! I guess I'll just buy an intel machine and install E withthe mac OS theme instead of buying a Mac.

    Holy shit! can't they find anything better to do? Thier lawyers must have gotte bored one day and typed "Apple look-alike" Into a search engine. This is the dumbest thing I have heard today! I am sure I'll hear more though.
  • If your initial concern was that I am not aware that the correct phrase is "Your point is moot, please allow me to allay those concerns right now. I am aware that the correct usage is moot, I am saying mute to be funny.

    That wasn't my point anyway, my point is that the Wachowski brothers rock and don't care about themes using their images.


    Munky_v2
    "Warning: you are logged into reality as root..."

  • by Millennium ( 2451 ) on Thursday February 17, 2000 @04:51AM (#1265728)
    This is a trademark issue. That's a very different beast. Why? Consider: all the theme makers have to do is replace the Apple logo with something else and then they can repost the themes. They don't have to change anything else. I'd say that the Apple logo in the corner isn't a critical part of the theme's "look and feel."

    Personally, I do find it to be in extremely poor taste that these theme makers are ripping off a GUI that hasn't even been released yet. Sure, it's not illegal, but it's only fair to let the company that came up with that GUI be the first to release it to the world. If you still want it on your machine, then release the theme after that. But Apple did the work on the GUI; I don't see what's so unfair about them wanting to release it first. They can't do anything about it now, I know, but I don't see why the themers couldn't have just left well enough alone and waited till after OSX's release (or at least until after OSX DP3's release) to turn their themes loose.
  • Wouldn't Apple really be more interested in getting rid of "Aqua-like" themes that don't portray their logo than getting at the ones that do? After all it is free advertising for their "look and feel" that they pride themselves so much on.

    I understand that the case for trademarks as stated in similar cases is that each company must police the use of it's own trademark(s). By allowing exceptions adds strength to a case involving a more dis-honourable use of the trademark by way of "You never said anything about themes.org using your trademark, so why can't I?".

    I'm sure Apple want this cut-and-dry, so please don't start moaning to Apple about how great Linux/themes.org is? And how naughty Apple are for smacking them on their themes.

    Just my pennies worth... I don't often voice my opinions these days, but I felt I should make my point on this case.
  • by Industrial Disease ( 16177 ) on Thursday February 17, 2000 @05:06AM (#1265739) Homepage
    There was a big stink at skinz.org [skinz.org] over the WinAqua skin for WindowBlinds; Apple seemed to drop their objections to that skin as soon as the author removed the logo.
  • IANALBIAALS ("I am not a lawyer but I am a law student")

    First - without having read the C+D letter, this is not about 'look and feel', it is about their logo. Yes, they have a solid complaint, which you can most likely remedy by simply removing their logo.

    They -without question- have a legitimate complaint in the use of their trademark. They also have (probably) a legit complaint re: copyright in their logo. (*note - this is not the same as a look and feel copyright complaint: there is no functional purpose to the logo, so copyright can still attach.)

    Trademarks is the important one here: trademarks doesn't really fit well in intellectual property law. It's really a subset of consumer protection law. The apple logo is the only means the company has of communicating to the customer that they can count on whatever bears that logo being from, or approved by, Apple. Now we all know that you are not trying to pretend that your theme is an Apple product, but what about the next dolt who installs Linux, sees your theme, and assumes that Apple contributed it or approved it. It's potentially misleading.

    Just replace the logo with something interesting and creative, and you're probably off the hook.
  • IANAL, but what about this: if we assume that Apple is made up of fairly decent people, and I don't see why we shouldn't at this point, then could this possibly work out for them without being a case of TM dillution ? They could grant a very limited license to use the logo to individuals who create Aqua-alike themes. That way they could still be maintaining legal control of their trademark, sorta, without stepping on the toes of developers. They could either make a webpage to sign up for the limited-use license, or they could just grant it on a case-by-case basis as it came to their attention, retroactively.
  • Lackluster iMac DV sales? WTF?!?

    - Jeff A. Campbell
    - VelociNews (http://www.velocinews.com [velocinews.com])
  • They revamped the logo because, quite frankly, it was ugly and anachronistic. They wanted to get away from the individual colors and emphasize the outline, the way Nike has done with its swoosh -- in fact, Steve Jobs has claimed that the apple logo's shapes is one of the most recognized logos around (and that it is apple's "swoosh").

    Frankly, I don't blame them. I have an old Powermac 8500 sitting in the corner, and the colored logo against the platinum case is really silly. It made sense back in the Apple II* days when you could only have 16 colors, and so your logo had to use just those colors if you ever wanted to display it on the screen. What was once a technological advance (ooooh, color!) is now just an anachronism (eeew, color!).
  • by Thag ( 8436 ) on Thursday February 17, 2000 @05:39AM (#1265765) Homepage
    Ok, maybe that's too harsh.

    Still, I think Apple would have done better contacting the authors of the themes directly, and asking politely instead of ordering. If done properly, it might have actually built them good will ("hey, Apple was really cool about it"), instead of reminding everyone of their propensity to sue.

    Jon
  • You know, this is one thing I'd really like to see addressed, whther it be with a new law, or a constitutional amendment, whichever it would take. I mean, name me one other right that you can legally lose by failing to sue someone? It would be like if you let someone stand in your hotel lobby during a rain shower, and then couldn't evict squatters afterwards.

    This situation just creates stupid lawsuits and forces companies to do things which don't really help them and only create bad will. For example, a few years back, Disney had to tell a daycare (maybe it was a preschool) to get rid of the paintings of Donald Duck and Mickey Mouse they had up on their walls. Disney didn't have a choice, because of the way the trademark law is set up. But if they had had the choice, I really doubt that they would have sent the daycare a cease & desist letter. After all, it's really free advertising for them.

    I know that in Japan, companies have a lot more flexibility to ignore some uses of trademarked characters (fanzines, for instance) and prosecute others (out and out piracy). I would love to see that made possible here.

    Jon
  • Linus and Apple are both defending trademarks not copyrights.
    Copyrights don't become generic if you let other people use it.. in many cases you have no choice (see fair use) but with Trademarks you have to defend your trademark like a zelot...

    Basicly a copyright says "I own this text/work/design" patent "I own this machine" Trademark "This refers to me" not "I own it" but in a way "it owns me"....
    The idea is that it refers only to you... and not to someone or something else... An easy way for a costummer to identify you...
    "Apple Linux" better refer to the Linux operating system on an Apple computer or someone is going to be screwed... (Especally if it's the name of Microsofts latest operating system)
    Apple is basicly worryed about the delusion of the Apple logo by allowing it to be used on theams used by non-Macs.....

    I would also like to add that such trademarks should NOT be applicable to themes.. that they should be (by nature of a user adding them and not bundled with an os) not reduce the meaning of the trademark... The apple logo is there becouse it's Apples logo... It belongs there...
    However that is not how the legal experts will see it...
    (insert very bad language here)
  • who is the humorless borg who marked this as "over rated" with an original score of 2-funny. The moderators are turning into karma nazis around here. "Zees ees foony. Zees est bad." People need to look at PROMOTING things not looking for the bad here on slashdot. If you don't like the trollers, then set your thresh higher. Work on spreading good karma, not promoting bad karma.

    I really wish I had some mod points to give this guy. I liked his post, and I think that the other moderators think they are the fscking gestapo.
    ---------------------------------------- ----
  • Trademark law has one important difference from copyright law, and that's the "enforce it or lose it" clause. If Apple didn't go after these and other unauthorized uses of its trademarks, it could end up losing the rights to them. It's much worse with words, and Xerox has a never-ending battle to avoid having their company name become a generic word.

    I agree that it's important to police the use of your rights. But in the case of Xerox, I wonder just a few things. You folks in the north (US) call a carbonated beverage either a soda or pop (depends where you are) in general. But the people from the south call a carbonated beverage coke. It's really confusing when you switch locales, because if I go up there and order a coke, I get a Coke, but I really wanted a Dr. Pepper. Likewise, you come here, and ask for a Coke, and then are mystified when you learn that we have more than one "flavor" of coke.

    In the case of business use (like Kinko's) offering Xerox copies, they better be using Xerox, I agree. But interestingly enough, they didn't focus on the same sort of approach as Coke. The term xerox has found a way into the vernacular as a verb and should be appreciated by Xerox. It means they are the de facto, and are therefore respected (hopefully). Thus if a usage involves the verb xerox and not Xerox, they should be pleased. I don't go canonize a few copies, not only is it sacreligious, but it sounds silly. I go xerox a few copies.

    Note: the use of upper and lower case is important to my message.

  • /. is a journalism Website. They are allowed to use trademarks of other companies. You should notice however that the Registered Trademark (R) is visible on the aqua blue apple logo. I believe /. could get in trouble for using an unofficial (or perverted) logo or for not displaying the (R).
  • Errmm...this page you are likley looking at RIGHT NOW has an Apple logo on it. Should it be removed from the page and posted again? Is Apple going to sue Slashdot? Has anyone heard of FAIR USE???

    Sheesh.
  • by fizzz ( 30154 ) on Thursday February 17, 2000 @06:30AM (#1265811)

    I usually don't take the time to reply to posts on /., however yours is so blatantly inaccurect that I can't stop myself from replying:

    MacOS's interface largely uses that ugly 'Chicago' font (an insult to Chicago). I presume (or hope) that you can change this, but how many of MacOS's tech-savvy users (if there are any? ::grin::) are going to do this?

    - It's been changed to charcoal since MacOS 8.5 which came out more then a year ago...

    - As to whether or not it's a good thing that you be limited in your choice of font for the U.I., well isn't that a question of standardization? I mean, I know people that use large fonts of unknown origin on windows (fonts which I personnaly find very ugly). Sure, Windows will let them make that choice; however it won't properly resize the dialog boxes afterwards... Doesn't it make more sense to limit the user's choice to fonts for which you can guarantee uniformity of the U.I.?

    When a message box comes with up with Yes and No buttons, you can't just press Y or N. You have to click.

    -Nope, you can most usually click Command-y and Command-n or Esc for cancel. It's been there for a while. Of course if the program makes its own dialog box, the OS can't really do much.

    You can't just enter to select a button on a message box which has the focus. Again, you have to click.

    -With almost no exception, all dialog boxes always have one button in evidence (represented by a different larger button contour). Pressing the Enter key is the equivalent of activating that button. This has been in the system at least since the Mac Plus era...

    You can't move between the buttons a message box with the arrow keys. How un-intuitive.

    -I suppose that's more a design decision then anything else. Why would you want to move from button to button if you can activate then using the command-keys ? Redundancy, in my opinion, is mostly a very good way of losing beginner users...

    The menus don't have access keys. This is a really annoying feature. Again, you have to click. Admittedly some menu items do have shortcut keys, but you can't access all the items this way, as you can with access keys.

    -I'm not sure I see why this would be annoying. If the user is supposed to have and use a mouse, why would he need to be able to do everything by keyboard? Moreover, to do so you'd have to show which key activates which menu, isn't that more information to overload your user with? Finally, to assign a command to all menus and sub-menus always brings up problems; do you really feel that the keys associated with the menu activation or the sub-menu activation on windows are intuitive. In my opinion, the letters often (but not always) have no intuitive relation with the option I'm trying to activate.

    -As I look at my netscape, on Linux, I realize that these menus also don't offer keyboard activation (at least if it's feasible, it's not written on the screen). But I know that Alt-F will activate the Find option and Alt-N will bring up a new window. I'm not sure if I need much more from the keyboard but what I am sure about is that I can live with an OS that feels I'll know how to use a mouse to reach the other options/commands.

    -For what it's worth, Connectix has been offering what your looking for (all menus, all sub-menus by keyboard) as an option since Speed Doubler 2. Used to work pretty well on my PB190 for those rare times when I didn't want to use the trackpad (which I just didn't like).

    Give me a Windows 95/98/2000/NT theme any day. I admit that macs are generally more user friendly (albeit at the expensive of processing power) but some of the points of the interface are just so terrible!

    -Although I'm probably just being really picky, I don't believe that you can just make the claim that macs offer a more user friendly U.I at the expense of processing power; remember that Win98 is the OS that allows to have a web page as a background...

    As for whether or not the interface is so terrible; I hope, given all the unfounded statements you made and which I tried by the preceding to correct, that you'll change your mind or at least take the time to go back and try a mac before restating anything on an open forum...

  • You're right. My link to the old WinAqua page is defunct, and a search can't find it. Wish Skinz had a news archive; I'd like to know what happened. I was fairly sure that Apple had laid off once the designer removed the logo.
  • by mOdQuArK! ( 87332 ) on Thursday February 17, 2000 @07:59AM (#1265838)
    I'm not sure why people have to STOP using the trademarked symbol/logo? Isn't it okay if they just document the fact that the symbol/logo is trademarked by so-and-so corporation/individual?
  • Is it /really/ just the trademark they don't want used? It seems Apple is very aggressive in routing out anything that seems vaguely Apple-like. It seems they don't even want Aqua themes /without/ their logo, getting out. That is going too far. Sure, take the logo out, but don't attempt to say that people can't make replicas and themes mimicing your OS. That's just plain tyrannical.

    Jazilla.org - the Java Mozilla [sourceforge.net]
  • This looks like a legitimate trademark complaint by Apple. After all, others were using Apple's logo on a non-Apple product.

    Now if Apple was making some kind of "trade dress" argument about the color scheme, or a "look and feel" copyright argument, there'd be a real issue here. But that's not the case.

  • As long as it is up to the END USER to pick the logo he wants. If it came preconfigured to fetch apples logo, you would still be violating their trademark.
    See.. it doesn't matter where the image comes from, and the technical mechanism of display doesn't matter either; what matters is that the final work is a) not apples and b) uses apple's trademark.
  • by Fjord ( 99230 )
    Does anyone else find it funny how the slashdot story has a big apple logo right next to it.
  • Slashdot is essentially a journalist site. Journalists rarely use unique graphics, especially when talking about a well-known company.
  • But themes aren't pretending be an operating system. Themes aren't programs or software, they are just graphics and sound and color and font schemes.

    Remember that parody is allowable in fair use. These themes are essentially parodies of the MacOS. Whether the logo could be allowed is questionable. My guess is that if the apple logo is changed signifcantly enough so that it could not be confused with Apple's actual corporate logo, then this would be allowable, but IANAL.

  • Please! I'm *BEGGING* YOU! Quit doing thises sleazoid headlines! Rob! Hemos! STOP IT!!
    DON'T BE IDIOTS!

    Your headline makes one belive that Apple has forced all themes that LOOK like it's own theme to be removed from themes.org.

    In reality, apple lawyers wrote a letter to themes.org, pointing out that a couple of the 'aqua' themes they were hosting happened to be using apple's trademarked logo without permission, and that this was a violation of trademark law. *IT IS A VIOLATION OF TRADEMARK LAW*. No biggie. no lawsuits, no threat of fines, no nothing.. just a polite note pointing out a trademark violation.

  • This had nothing to do with the 'style' and everything to do with the use of Apple's trademark logo.
    It just so happened that the themes also resemble apple's theme (which is why the authors use the apple logo..)
  • What if I designed a car that looked just like the new Volkswagen Beetle, except that it didn't have a VW emblem on the body. I think Volkswagen would have a legitimate case that I had ripped off their design and was confusing potential Volkswagen customers.
  • Yes, except your _car_ is in direct competition with their car. A _theme_ or skin is not in direct competition with the Mac OS. In your example, what if you took some other car, and painted it up and made additions to it so it /looked/ like a VW, effectively "skinning" the car? Could VW sue you? I sure hope not. If you have model airplanes should airplane companies sue you?

    Jazilla.org - the Java Mozilla [sourceforge.net]
  • Like the Banana Junior in the old Bloom Country strip?

    Exactly! Or the lesser known asian clone of the Apple][ (pineapple).

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