Apple Legal

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I received via email yesterday a request from Apple Legal to essentially remove any Front Row related postings and files.

[] Your use of Apples trademarks and copyrighted materials violates Apples intellectual property rights, which Apple has an affirmative obligation to protect.

Apple therefore must insist that you cease use of Apples trademarks and copyrighted images and that you stop offering the unauthorized downloads of Apples Front Row software. []

I obviously am complying because:

  1. I support Apples right to defend its intellectual property.
  2. I dont want this to escalate any further.

I really hope that Mail Stamps can stay though. I love that little app, and I bet tens-of-thousands of Mac users couldnt live without it.

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  1. 1 Alex
    ok but what about an uninstall i find that my computer is quite laggy because of your little patch
  2. 2 Kuswanto
    Apple starting to bitchy about their legal issues. I am not using Front Row, can not comment about this one.But this one is bugging me Apple therefore must insist that you cease use of Apples trademarks and copyrighted images.There are thousand of Apple images on the net used for many applications, websites, maybe someone use it for their marketing business, who knows. [Is] Apple gonna shut down all of it?
  3. 3 Rob
    Sad to see this disappear for any future updates forthcoming. Was nice while it lasted.
  4. 4 Sam
    this is a real shame.. it seems your site was the only mirror for the Enabler files.. and I really wanted to try that out
  5. 5 The Gibbon
    ah well we had a good run
  6. 6 Avenge
    The Front Row Enabler software doesnt have to be removed. It appears Apple is only complaining about the use of its copyrighted and trademarked materials. So, simply changing the name should help for starters. How about Ront Frow Enabler? Then just make sure the software doesnt distribute any of Apples files but rather just patches the files in the OS and youre back in business.
  7. 7 andsayingIwasahappymacaddict…
    This is a shame, instead of complaining theyd have to say thank you, `I bet they dont complain about the dotmac ad on these pages.
    Now, honestly, Im a very happy Mac user but instead of nagging on this the would be better of in supplying us with a solution to have both Ront Frow and the remote control possibility enabled on our recently bought but unsupported machines. The are probably able to supply a solution using the new iPod dock but this is clearly a case of marketing bullshit.
    Anyway, my machine is FR enabled now without any problems or issues, thanks for that!!
  8. 8 Johan Nilsson
    Id be happy to host the FR enabler since US. Corporate bullshit does not fly on my side of the Atlantic
  9. 9 vanlandw
    sorry to hear this I was debating trying to install this toooh well to be honest Im glad you complied with their wishes..also thanks for giving to the community.front row should be a free app anyway.
  10. 10 Richard
    Johan Nilsson if it is published on your site supply the address here. Would be nice to get the updated version.
  11. 11 michel
    O Industry, O Industry , when will you stop to be whining and bitching and simply let people enjoy what they bought.the evil is not Apple, its the industry.
    Apple is just doing what laws, legal ways and traditions tell them to do.simply apple, sell frontrow and a receiver for $99. we will whine its so much expensive and we will all buy it and in few month a new mac which will not need the receiver anymore
  12. 12 Jeff Thompson
    Maybe this means that Apple is going to FINALLY release a FrontRow / USB Remote Combo package for legacy systems or maybe Im just dreaming.Well, thanks for the fun while it lasted Andrew. Twas a great little app. Beats me what they had to complain about. You werent even hosting modified files, it was just a patch.
  13. 13 R031E5
    Well, anythings forever. Thanks for all your help in the FR stuff. It was fun for a while. Thanks again14 Nico Edtinger
    Of course theres still Amit Singhs solution with adding a pseudo remote control. But what I read in the forum people are not getting along that well with editing their kext. So maybe that could be what the next version of the name that cant be told-enabler could do; adding HIDRemoteControl to a loaded kext.
  14. 15 Rick Jones
    I hope that Enabler will continue to be posted anonymously to MacUpdate or Version Tracker Please, say itll be so!
  15. 16 Bob Evans
    Thanks to your patch I got to try Front Row and would of recommened to it my family (who are in the market for some kind a media player) via a mini or an imac. Now apple has just lost one customer because I wont support companies who bully around people by sending C&D letters. How does this hurt them apart from showing them to be no better than some RIAA cronies?
  16. 17 Robert Accettura
    In the past its been said they have went after webmasters who reproduce (in whole or in part) those cease and decist emails because of the same reason they sent it (copyright). Hopefully they wont be that silly about this.
  17. 18 Mike
    Hey I just bought an ibook and I am not going to purchase a mac book pro jsut to use front row. I used this method to use it because i think that apple should just either give it away for free or offer it for a price.
  18. 19 darl

    the evil is not Apple, its the industry.

    Of course its not Apple. It never is.

    The difference between Apple and all the other proprietary companies of their ilk is that Apple makes cool product so its ok when they do stuff that other companies would be reamed over.
    But of course saying that here is like telling muslims that its only freaking cartoons.

    Inch Allah Jobs!!

  19. 20 Chris Taylor
    Actually I could never get in trouble for posting C&D letters sent to be since when you visit my site you are accepting my terms of service and in those terms it says clearly ANYTHING you send to me by ANY means physical or electronic you authorize me to use and publish publicly any way that I choose with no recourse to stop me or penalize me in any way shape or form. so just add such a notice to your site. the only way they will contact you is by VISITING your site and therby accepting your terms and thereby even if they MAIL it to you, you will be free to publish it in anyform you want.This legal crap works both ways 🙂
    http://www.nerys.com/license.htmlChris Taylor
    http://www.nerys.com/
  20. 21 Rob
    Ah the old false intellectual property crap. No such thing as intellectual property. GNU/Linux will welcome you and your ideas with open arms. Proprietary software only hurts the endusers. Read up on the truth @ http://www.gnu.orgRobert
  21. 22 DownWithTheMan
    Huh, that took all of 2 seconds on Google to find it elsewhere Thank you internethttp://www.macupdate.com/info.php/id/19947
  22. 23 eric
    Damn it, I just ordered an iBook and was planning on using this like I did on my MacMini, Sad to see this go away
  23. 24 JAG
    Would anybody be able just to post the enabler or tell me where I can find it? The latest version of enabler 1.1 would be great.http://whenderson.blogspot.com/2006/03/installing-front-row-121-on-any-mac.htmlGreat place for getting the steps for installing a great not to be named application. Only thing needed is the Enabler. Anyone?
  24. 25 Burton
    Why would you take it down? Have you actually done something wrong? Just because someone threatens legal action doesnt mean theyre right. Maybe I dont understand, but I guess I dont see what you did wrong here.
  25. 26 Nick
    Hey Andrew, Just wondering if you would consider giving your enabler to the open source comunity??thanks
  26. 27 Burton
    Nevermind, got it, I understand now.
  27. 28 Rob
    @ NickLets refer to open source as free software so as not to confuse people. Open source refers only to ones right to see the source code. What about your rights to copy, distribute, change, etc. The open source movement has different goals than the older, more established Free Software movement. If it were not for the GPL, there would be no open source movement. http://www.gnu.org
  28. 29 Lane
    F* Apple!!! I own a last gen PB and they dont want me running software on it because of what? It doesnt have an IR port? F!! U!!I will find another way to enable frontrow for future release im only sorry they are so small minded they had to threaten a lawsuit against you Andrew.If Microsoft brings out a new version of Media Player they support all Windows XP computers not just the ones that come out after the new version. I seriously hope Apple adjusts its mindset.
  29. 30 Bob
    If this is the case and there is no future support do you know of a quick way to uninstall what we have installed? Thanks for a great run
  30. 31 billpaxton
    Avenge
    March 8th, 2006 at 12:41 pm
    The Front Row Enabler software doesn�t have to be removed. It appears Apple is only complaining about the use of its copyrighted and trademarked materials.APPLE WRITES:
    and that you stop offering the unauthorized downloads of Apple�s Front Row software.
  31. 32 Rob
    I have had issues aswell.
    When i installed the (fantastic) piece of software. All my serials appeared to have become invalid.I restored a copy of my system (good i made one before), tested it again same issues.Shame you have to stop developping it tho

    Keep up the good work. Rob from NL-fame.

  32. 33 Tom
    Apple could, in theory, shut down any site that uses Apple�s trademarks and copyrighted materials. they dont, because doing so would be self-defeating. However, when they come across a site such as this one, they can use the reason above as a pretext for having it shut down. Also, even though Andrew doesnt offer a direct download to any hacked version of FR (the user must hack it itself), Andrews Enabler program, based on US and international copyright legislation and case law, does indeed infringe Apples copyright in the bezelservices framework.
    (disclaimer: though im a lawyer, this isnt legal advice, merely an opinion).
    Thanks very much for all your help anyway Andrew!
  33. 34 Tom
    And while were at it, of course theres such a thing as intellectual property. Anything that is your own intellectual creation is your property, and cannot be stolen, just as your physical property cannot be stolen. If someone chooses to waive their intellectual property rights, such as through the GPL, they are of course free to do so. Its important to bear in mind though that IP rights are in many fields essential for continued social productivity – if theres no incentive to create, there is a danger to the creative arts. For example, if there are no IP rights, then a novelist can never rely on publishing novels for their livelihood, and so must get a day job as well, thus diluting the quality of their work.
    Certainly, IP rights are often avused, but the theory is sound and admirable.
  34. 35 l0ne
    @ billpaxton: Front Row Enabler is not Apples Front Row. I actually believe that it could happily stay until the next DMCA letter
    By the way, this is not IP or copyright or patent infringment, but removal of an electronic countermeasure (debatable) and license infringment (if Apple states in the Front Row license that you can only use FR on a Remote-equipped Mac). DMCA letters would not suffice anyway.
    (IANAL)
  35. 36 Tom
    The letter has nothing to do with the DMCA to the best of my knowledge. Enabler modifies the bezelservices framework without authorisation, so it is infringment. The fact that its a countermeasure is also a prob, but i think that any prohibition on countermeasures is silly because it precludes fair use. However, i dont think any of us can say that using front row on a non-front row mac is fair use. We didnt pay for it. I hadnt thought of the EULA aspect but thats a v good point too.
  36. 37 Tom
    One more thing Andrew. My guess is that mail stamps is safe. I reckon Apple were upset about front row enabler because it has a potential detrimental effect on sales – it removes one reason to buy a new Mac. Mail stamps is merely something to make existing Macs better with no detrimental effect on future Mac sales.
  37. 38 BENj
    Im not actually sure what you were doing was illegal. Apple clearly state in all of there mission statements that OSx is based around an open source idea- which means people should be free to change what they can. You were not modifying, distributing or selling copyrighted material so as a training lawyer I would ask them what law you are actually encroaching on because, as far as I see it they have just tried to scare you by sending a warning without giving you sufficient reason as there are none. Take it up with them and let us know exactly what was wrong with what you were doing (for the record).
    If you find out exactly what you were doing wrong then you can find a loop-hole. The only thing I can see that was illegal is that you had Front Row in the name of the software- This would be and is illegal as using copyrighted names in software is illegal. However, publishing the name Front Row on a site isnt. I could give you some legislation but Im taking what I know from UK law and not US so you might have to do a bit of research, there are loop-holes that are worth looking into!BENjPS

    QUOTE
    Actually I could never get in trouble for posting C&D letters sent to be since when you visit my site you are accepting my terms of service and in those terms it says clearly ANYTHING you send to me by ANY means physical or electronic you authorize me to use and publish publicly any way that I choose with no recourse to stop me or penalize me in any way shape or form. so just add such a notice to your site. the only way they will contact you is by VISITING your site and therby accepting your terms and thereby even if they MAIL it to you, you will be free to publish it in anyform you want.

    This legal crap works both ways 🙂
    http://www.nerys.com/license.html

    Chris Taylor
    http://www.nerys.com/

    UNQUOTE

    This is stupid- I know for sure that these kind of contracts wouldnt hold water in any court in any land- certainly not in the UK- where silly clauses like yours are governed by the Unfair Contract Terms Act

  38. 39 JanKo
    Andrew, how about renaming your utility?The way I read it, Apple legal complains about your use of words Apple and Front Row, not what your app does.FREnabler perhaps? This will shut them up.
  39. 40 Charlie
    Intellectual property laws are not comparable to physical property laws, as Thomas Jefferson so succinctly pointed out when discussing Oliver Evanss improved milling system.If someone takes your ideas for their own, YOU STILL HAVE THEM. Get it? You have not been deprived of them! Perhaps widespread distribution of your ideas reduces the value you can derive from them, but thats analogous to someone building an ugly house next to yours, and not at all equivalent to someone STEALING your house.Equating physical property with the legal fiction of intellectual property is a morally and ethically bankrupt maneuver. Its the propaganda of raw greed and its deleterious to the human race.

    The legal fiction of IP was invented to FURTHER the spread of knowledge, not to HINDER it. Since governments have totally redefined IP to be harmful to the people of the world, its not suprising that those same people have developed a healthy disregard for government-enforced IP, and rebel against it. Whats sad is that this now destroys the benefits that REASONABLE intellectual property laws once gave the small artist or inventor.

  40. 41 Peter
    For all of you that dont know the legalities of Trademark laws, they are obligated to protect any trademark or stand to loose it. Thats the whole story whether they like what youre doing or not.
  41. 42 Tom
    But charlie, if someone takes your intellectual property, /you lose the ability to profit from it/. Its pretty useless to say to a novelist well, you spent five years writing your masterpiece, someone has stolen it, modified it and is selling it, but hey, at least you still have the manuscript!. Whats the incentive to create anything, be it software, literature or visual art if you are powerless to stop others stealing it? BENj: only the Darwin core of OS X is opensource and public domain. OS X itself is copyright and closed. More info at http://en.wikipedia.org/wiki/Macosx. If youre a law student, youd want to brush up on your IP! As I said, modifying bezelservices is the problem.
  42. 43 Brigadoon
    Maybe this means that Apple is going to FINALLY release a FrontRow / USB Remote Combo package for legacy systems.HA! You are indeed dreaming my friend. If theres one thing Ive always loathed about Apple, its their complete disregard for anything legacy (and I use that term loosely here), once something new comes out. Have you tried to buy a remote control replacement for a 3G iPod? You wont get it from Apple! Batteries for a blueberry iBook? Double-Ha! Native support on new Macs for ADCbut I digress. This is all irrelevant to the topic at hand other than to say.. fat chance older macs will get front row because that will offer less incentive to get a newfangled one.
  43. 44 Brigadoon
    Tom: I think its important to note that Charlie specifically mentioned reasonable IP laws. This would be in contrast to something like the DMCA, which if interpreted to the letter (I dont know this for a fact) would mean that any attempt to, for example, unlock an $800 smart phone so you can use it with your preferred carrier, makes you a criminal – when in reality the manufacturer and service provider are engaged in a conspiracy to force your money into their pockets lest they render your precious investment useless.In the case of Front Row, it is a freely provided application that is available for download directly from Apple so its not really stealing, although it may defy Apples usage and distribution policies. Modifying, or building upon the capabilties of FR or OS X in general is not infringement or theft, but software development. Indeed, Apple relishes this practice becuase it saves large chunks of R&D. If you dont believe that, just consider where they got the concept for Dashboard from (Konfabulator?). The problem is modifying an Apple copyrighted program and redistributing it with the Apple trademarks. Apple understandably cant condone this practice.As others have said, simply changing the name of the program (I havent tested or seen it) and offering it as a patch or standalone program as opposed to a rebuild of the entire Front Row package would likely quash this whole thing – no?
  44. 45 Good Riddance
    I for one am happy to see this program disappear.While I appreciate the effort, the last version wrecked computers and it was WRONG for you to allow people to download an application which clearly was flawed.Good riddance indeed
  45. 46 Pod
    WRECKED computers? Id like to see ANY software program
    that causes a computer to be destroyed.Just reinstall the OS and start over.
  46. 47 treck
    There were only problems when people werent smart enough to follow the clearly written instructions
  47. 48 Andy
    well its maybe for the best I learned my leason the patch blew the system . 🙁 ..after using your patch sucessfully for a long time . turning my computer on and off without any troubles I remeber it to be a joyand so today it happend my computer crashed without warning . I rebooted my G5 and yeh .. the menu bar where gone but that whas just the begining sudenly I could not start appz . I couldn´t do ANYTHING .. yeh .. the system where fu**ked ..

    so I went to this page to se how to fix the framework .. but .. yes the page where removed so I search all over the net and finaly found the way to fix it . and I did . .HOURS later

    I´m still not sure the system is stable .

    so I think I´ve learned my lesson some things you mess with and some things you DON´T .

    anyway .. I´m soon geting my mac mini with frontrow

    people. read my exaple quoting our dear Steve Jobs..
    -It´s awesome . when it works..

    //best regards
    Andy

  48. 49 Mathew
    may a recommend if your looking for the uninstaller – check out this google cache.it will only be around for a few days.
  49. 50 shannon
    I need your help, i am not an expert but I followed your instuctions on getting front row to work and somehow in the process i messed up my dvd drive. it will take a disc and then give it back in about a minute or so. i have reset pram etc not good. i have a g4 ti book 400 with 512 or ram. is there any way you may be able to help me out? thanks a bunch.
  50. 51 Tom
    Brigadoon: though Charlie did pay lip service to reasonable IP laws, this is diluted somewhat by his earlier statement that Equating physical property with the legal fiction of “intellectual property” is a morally and ethically bankrupt maneuver. It’s the propaganda of raw greed and it’s deleterious to the human race which is a bit much if you ask me! I still strongly believe in the concept of IP, and its equation of IP with real property. Having studied the DMCA intently, it is definitely one of the most laughably inbalanced and badly-thought out pieces of legislation Ive seen in any jurisdiction. Im just thankful that I live in Ireland, so it can never be applied to me!
    Regarding dashboard v konfabulator, its a well established principle of IP law that only literary works (literary being constructed broadly to include, for example, recipes) can be copyrighted, not ideas. Similar in effect to the look and feel cases of the eighties.
    Having thought about Andrews issue more, Im still strongly of the opinion that he is, unfortunately, in the wrong here. Whether we like it or not, the bezelservices framework is Apples IP, and interference with it is a breach of this. Furthermore theres the contractual issue of going against FRs EULA by allowing it to be installed in a non-FR Mac. No amount of repackaging, rebranding, anything will change this Im afraid.