I Hate Lawfirms (aka the death of my site)

And so, after nearly 6 1/2 months with no problems, I get my first legal letter. Yes, this is real.

ar Sir or Madam:

We represent Apple Computer, Inc. ( Apple ) in trademark and advertising

matters. It has recently come to Apple s attention that your website at

http://osx.portraitofakite.com, and the downloadable material you are offering

there, infringes Apple s trade dress, trademarks and copyrighted materials. Our

client is concerned that your website and the transformation pack you are

offering will mislead consumers into mistakenly believing that FlyakiteOSX is

authorized by or associated with Apple.

The look and feel of Apple s Mac OS X user experience OS X s visual

appearance and interactive behavior, and its icons, menus, windows and controls,

to name a few features is proprietary to Apple. For example, the Apple logo

and other Apple marks you are using are trademarks of Apple and protected by

federal trademark registrations and by common law.

Your unauthorized use of Apple s trade dress and trademarks creates a

substantial likelihood that consumers will be confused as to the source or

sponsorship of FlyakiteOSX. It violates Apple s exclusive trademark rights as

well as the laws of unfair competition. The unauthorized copying also

constitutes copyright infringement. Your actions would subject you not only to

claim for an injunction, but for damages as well.

For the foregoing reasons, we must insist that you immediately: (1) cease using

Apple s trademarks on your web page and elsewhere, (2) cease copying Apple s Mac

OS X trade dress and design, (3) cease copying Apple s copyrighted materials,

and (4) cease taking any action that could result in the public believing that

FlyakiteOSX is authorized by or affiliated with Apple.

Please confirm your intention to comply with these demands by November 1, 2005.

Sincerely,

WILSON SONSINI GOODRICH & ROSATI

Professional Corporation

Alyson N. Dinsmore

cc: Apple Computer, Inc.

Domains by Proxy, Inc.

So now what? Do you think if I wrote back and stated that I would be more than willing to post huge notices saying that this is in no way affiliated with Apple and that all trademarks belong to them they would be willing to compromise? I know some of you have actually purchased Macs after having used FlyakiteOSX and if so I would love if you would write me, as it may help keep this alive.

This really, really sucks.

#325917

No, that wouldn't help, my suggestion is to change the look of your site and be happy they didnt demand you stop with FlyakiteOSX transformation pack for windows.

#325919

Damn man...i never thought they'd get you.....They've got you stitched up man. You can say that it is in no way related to apple but they'd still get you for copywrite infringement. I think you should become an underground modder. Go into 'cyber hiding'.

#325923

Suggestion: Get a mirror network running in case they nail the Transformation Packs.

#325925

Agree with all above posts..... release at Aqua-Soft and wherever, but host files only without linking them on your own site. Don't mention their existence on your own site. Only mention them at these forums, etc.

#325928

We need a cover up fast. The app cannot carry on its existence in the open. Even on aqua-soft being openly released it isn't safe. This requires us to change the name of flykite so it cannot be found by search engines and tracked down.It needs to be named something simple like 'Post' or 'Smile' (something that will commonly occur on the web). When new versions are released on aqua-soft the installer packs will have to be moved every 5 days to another host to not alert suspician. Also flykite has to be release subtly as well. The app cannot be hosted by other sites now as that would alert furthur attention.

This very thread will need to be deleted after the precedure is carried out.

#325930

We need a cover up fast. The app cannot carry on its existence in the open. Even on aqua-soft being openly released it isn't safe. This requires us to change the name of flykite so it cannot be found by search engines and tracked down.It needs to be named something simple like 'Post' or 'Smile' (something that will commonly occur on the web). When new versions are released on aqua-soft the installer packs will have to be moved every 5 days to another host to not alert suspician. Also flykite has to be release subtly as well. The app cannot be hosted by other sites now as that would alert furthur attention.

This very thread will need to be deleted after the precedure is carried out.

#325935

We need a cover up fast. The app cannot carry on its existence in the open. Even on aqua-soft being openly released it isn't safe. This requires us to change the name of flykite so it cannot be found by search engines and tracked down.It needs to be named something simple like 'Post' or 'Smile' (something that will commonly occur on the web). When new versions are released on aqua-soft the installer packs will have to be moved every 5 days to another host to not alert suspician. Also flykite has to be release subtly as well. The app cannot be hosted by other sites now as that would alert furthur attention.

This very thread will need to be deleted after the precedure is carried out.

Okay, I have James Bond on speed dial...do you think it is too late double-0-8? :cool:

#325939

Um. Calm down?

Lol!!!

But dude seriously how would you feel if something you had worked on for hours on end was going to be taken away from you? I mean this must be each developers worst nightmare. Btw im being perfectly calm....i am merely just saying what in my opinion needs to be done in a situation like this. I mean the last thing we want is another y'z app catastrophe.

Edit: Btw I admit what i said before sounds a bit silly but you have to admit there is a bit of sense in there. I think i should maybe get a bit more sleep. I've been playing doom3 for 5 hours and its now 3am here lol (Kinda on edge....should be fine tommorow)

#325941

Okay, I have James Bond on speed dial...do you think it is too late double-0-8? :cool:

Oh man that made my day, lol.

(For those of you that know Calvin & Hobbes *cough* NC *cough*, here's my quote: "Quick, to the bat fax!")

#325943

Flyakite, its because you have the Apple logo on your stuff, you notice you do not see an Apple logo here anywhere?

They've contacted us about 2 years ago because we had the logo on our site. Since the removable we have not heard anything else from them, and we've grown so much since then.

I suggest you just remove anything that has the Apple logo on it, and wait for another response from them, if they say they have contacted you before, just simply state you did not get an email or postal mail.

#325945

Flyakite, its because you have the Apple logo on your stuff, you notice you do not see an Apple logo here anywhere?

They've contacted us about 2 years ago because we had the logo on our site. Since the removable we have not heard anything else from them, and we've grown so much since then.

I suggest you just remove anything that has the Apple logo on it, and wait for another response from them, if they say they have contacted you before, just simply state you did not get an email or postal mail.

Lol that sounds like a better idea.....well im off to bed where i can have nightmares about being on mars and being attacked by evil supernatural beasts and zombies ).

#325946

that's bull****, man. like anyone's gonna go, 'oh. this must be apple's site.' **** apple. **** steve jobs. **** alyson n. dinsmore (only if she's cute). and **** wilson, spumoni, regatta and spew.

er...um...i mean...sorry to hear that, chris. well, you've got 'til november 1st. i'd write back immediately and tell them that your lawyers are looking into it. yeah, it's a stall tactic, but it'll take them even longer to get back to you. then, when it looks like they're really gonna nail you, unveil your new site with all the appropriate disclaimers. you know everyone here is with you, man.

oh, and **** them!!

#325947

...if they say they have contacted you before, just simply state you did not get an email or postal mail.

quick! take down this thread before apple sees it!

#325948

I did not draw the following cartoon. I am not responsible for it's creation or production in any way whatsoever. I am not associated with Bill Watterson or Universal Press.

That said, since I'm the Calvin & Hobbes fanatic on this site, here's the cartoon flyakite was talking about.

-NC

P.S: flyakite, I'll talk with you soon about this. I propose we hijack Apple on a secret midnight raid...if it's successful, you can be the head of the iPod division (Jon Rubinstein), and I'll be Steve Jobs.

#325949

Uh, guys, I hate to be a party pooper, but I think it's more serious than some of you are making it sound.

The look and feel of Apple s Mac OS X user experience OS X s visual

appearance and interactive behavior, and its icons, menus, windows and controls,

to name a few features is proprietary to Apple. For example, the Apple logo

and other Apple marks you are using are trademarks of Apple and protected by

federal trademark registrations and by common law.

Your unauthorized use of Apple s trade dress and trademarks creates a

substantial likelihood that consumers will be confused as to the source or

sponsorship of FlyakiteOSX.

For the foregoing reasons, we must insist that you immediately: ...(2) cease copying Apple s Mac OS X trade dress and design

When they say "trade dress", and when they says "OS X's visual appearance and interactive behavior", they don't mean Apple logos.

This makes me sick to my stomach. Just....sick.

#325950

Uh, guys, I hate to be a party pooper, but I think it's more serious than some of you are making it sound.

When they say "trade dress", and when they says "OS X's visual appearance and interactive behavior", they don't mean Apple logos.

This makes me sick to my stomach. Just....sick.

seee...seee...im not a sleep deprived lunatic! (Im just plain sleep deprived mixed with a little bit of edgyness)

#325951

I did not draw the following cartoon. I am not responsible for it's creation or production in any way whatsoever. I am not associated with Bill Watterson or Universal Press.

lol....i'm dying here....

#325952

This is terrible. The funny thing is that apple is screwing itself over. Flyakite and everything on this aqua-soft has beena a constant reminder to me of why I should get a mac...which I am getting soon. All that apple is doing is causing less people to be pursuaded by seeing the windows options and realizing they want the real thing. Still, focusing on the current situation, couldn't the main bundled skin be changed to something less "aqua" and the site design modified to be more vista styled with aqua options....would that work?

#325956

This is terrible. The funny thing is that apple is screwing itself over. Flyakite and everything on this aqua-soft has beena a constant reminder to me of why I should get a mac...which I am getting soon. All that apple is doing is causing less people to be pursuaded by seeing the windows options and realizing they want the real thing. Still, focusing on the current situation, couldn't the main bundled skin be changed to something less "aqua" and the site design modified to be more vista styled with aqua options....would that work?

for flykite there is no 'less ''aqua''' (its either all or nothing at all) and even if the site was made more vista like you'd get windows lawyers breathing down your neck as well.

#325958

You should take a picture of your penis and email them back, I just think it would be funny

anyhow underground modder idea sounds good Like need for speed

"FlyakiteOSX - underground"

#325959

I noticed that no actual laws are noted in detail as is often the case with these sorts of letters, just words like 'infringes.' I'd just ignore this letter.

#325963

I noticed that no actual laws are noted in detail as is often the case with these sorts of letters, just words like 'infringes.' I'd just ignore this letter.

Do that and they'll contact your ISP and tell them that you've been a 'baad baad boy' and they'll cut you off forever.

#325966

I noticed that no actual laws are noted in detail as is often the case with these sorts of letters, just words like 'infringes.' I'd just ignore this letter.

As much as I'd love to ignore this, I also love not being sued.

Timan, unfortunately the "Apple" logo itself doesn't actual appear on the site (technically it does but 98% of the site viewers will never see it). Basically every image on my site is copyright Apple, unlike Aqua-Soft. The backgrounds, the dock icons, the desktop icons, the website theme, etc.

The problem is that lawyers know a lot about law and generally nothing about technology or online communities. Their job is to simply protect their client from copyright infringment. The lawfirm contacts you, Apple itself does not, so you never actually get to talk to one of the higher-ups at Apple. I bet if any of us were to speak to Steve Jobs himself he wouldn't have a huge problem with the site. He understands it's all in fun. It's about being able to achieve it through the web. It's not about ripping a major company off.

I wonder if I was to simply remove the default Tiger theme and make another theme the default (Cappucino, Kamino, or whatever else I am given permission for) I could probably get by. Yes the site would still mimic the functionality, but when there is commercial software like ObjectDock Plus and ObjectBar that clearly mimic Mac functionality but continue to exist, I don't see why it would be a problem.

My other thought is to try negotiating with them. I may be able to come to a compromise that will allow the site to remain up, even if it involves changing some stuff around. I think if I were to respond in an appropriate manner, explain the site, the community, what it has done for people, how it has convinced users to purchase Apple products, how no one has yet to ever be confused by the site, how it is non-profit etc. they may be a little more understanding. Maybe.

I'm not going to take any action yet though until I fully evaluate all of my available options. (Maybe we should start a petition, lol)

EDIT: For those of you interested here is the actual official document they sent me, signed and everything: Legal Complaint

#325978

my thoughts exatly i spoke with flyakite just a few moments ago an i told him im going to buy and apple computer tomm, and say i bought it cause of his software.

Ive pretesting his software since the begining and the least i can do is help, im going to fax him the receipt. . And all i ask from u all is no negativity on the subject.

Im guessing Apple Compuer INC., will compromise with the right backup. So im hoping some of u also bought an apple because of his software.

#325982