Apple Sucks!


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Apple really is lame!

they closed OsXp.net

April 22, 2002

VIA E-MAIL

RE: NOTICE OF INFRINGEMENT

Dear ********:

We represent Apple Computer, Inc. ("Apple") with respect to its intellectual

property matters. It has come to our attention that you are offering for

download on your web site various skins, themes, wallpaper, icons, and other

materials for Windows XP, which are identical and/or confusingly similar to

Apple's Aqua theme for its MAC OS X (see

http://www.osxp.net/osxpindex.html).

You should be aware that your actions constitute infringement of Apple's

intellectual property rights under various federal and state trademark,

copyright and unfair competition laws, which may subject you to serious

civil and criminal penalties. By publishing these infringing skins and

allowing the public to access and download them from your web site, you also

are engaging in contributory infringement of Apple's copyrights, trademarks

and trade dress. Your unauthorized actions also may damage our client's

reputation and result in the dilution of our client's famous trademarks.

Accordingly, we demand that you immediately cease and desist from

distributing all skins, themes, wallpaper, icons and other materials for

Windows XP which are identical and/or confusingly similar to Apple's Aqua

interface for its Mac OS X.

Please note that a letter may also be sent to your Internet access provider

as notice that its services are being used to infringe the trademarks and

copyrights of others.

We ask that you immediately send written confirmation that you have complied

with our demand. The foregoing is not intended as a complete statement of

Apple's position on this matter, and nothing herein shall be deemed to

constitute a waiver of any of Apple's rights or remedies at law, in equity

or otherwise, all of which are expressly reserved.

Sincerely,

Fabricio Vayra

202/857-6130

vayraf@arentfox.com

Arent Fox Kintner Plotkin & Kahn, PLLC

1050 Connecticut Avenue, NW

Washington, DC 20036-5339

Phone 202/857-6000

Fax 202/857-6395

www.arentfox.com

Post your comments about this ****ty company!

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lol stupid apple.

just find an old website or whatever they ripped it off from.

like it soooo original.

they can't copyright an artistic style, the apple logo or anything like that sure. but a look?

its like saying i was the first to use paint, so all you other guys have to use crayons.

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i just hate it apple users caused this they reported this site now all apple users act stuck up and i'm saying all they might not do it all the time but they do.

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The Baretta theme song seems appropriate right about now:

"Don't go to bed, with no price on your head

No, no, don't do it.

Don't do the crime, if you can't do the time,

Yeah, don't do it.

And keep your eye on the sparrow.

When the going gets narrow.

Don't do it, don't do it.

Where can I go where the cold winds don't blow,

Now.

Well, well, well!"

Shame about the site. Shame about Robert Blake as well. :cheeky:

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Timan,

Not that I agree with Apple's actions, nor wishing to bring up issues with copy and trade rights in international claims, but as far as I can tell (through traceroute and whois), OsXp.net is/was hosted at chicagowebs.com - which easily puts the site in US jurisdiction.

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they should have learned from themexp. they sent themexp the same thing. it is breach of copywrite laws man. dont tell me you wouldnt shut your site down if a badass company like apple came knocking on your door.

** 1600th POST!!!!!!!! **

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are you going to discontinue making of the programs? i would really like to see them finished, since i couldnt get any of them to work on my computer, otherwards i would have loved that... great work... too bad their closing the site... ladr

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when it's corporate america complaining about a theme we are against it but if we borrow from someone else people on this forum try to ban it or call the person a thief

make you think don't it????

if anyone is still making theme on osx email me i want them

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make you this doen't it????

?

and i think it was mainly the programs that he had made and put on the site that were made to look and run like osX has them running

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screw apple and the nazi ways, i will not be using my g4 anymore :mad:, i am starting to hate the apple user community there so stuck-up anymore.

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if you want a mac, buy a mac...

if you want a pc, buy a pc...

for me, that clears up alot of confusion and dogmatic hassle that is being disputed here.

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i dont know what to think but i know this look at stardock with their desktopX among other apps out there that can be skined to look like windows or mac you dont see apple going after them or shutin down wincustomize.com (witch has alot of skins to look like a mac) or maybe this is the start of the nazi's aka apple

just my half a cent

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Not that I agree with apples actions, but under current U.S. Laws, a copyright can cover any of the following items/ideas:

(1) literary works;

(2) musical works, including any accompanying words

(3) dramatic works, including any accompanying music

(4) pantomimes and choreographic works

(5) pictorial, graphic, and sculptural works

(6) motion pictures and other audiovisual works

(7) sound recordings

(8) architectural works

Im guessing that Apple filed for a number 5 copyright, but I could be wrong. Ill further investigate and see whats apple's current copyright(s) cover.

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