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Apple forces developer to remove free iTunes plugin

updated 06:25 pm EDT, Thu September 16, 2004

iPodDownload pulled

Apple has forced a small developer to that allowed users to easily copy music from an iPod. Sylvain Demongeot, who recently released the program, says that his ISP shutdown his website in response to an Apple note indicating "unauthorized use of iTunes software code." A message on the website from Apple to Demongeot's web hosting company (ISP) reads: "Specifically, we have learned that unauthorized Apple iTunes software code is being used in a computer program called 'iPodDownload 1.0'. The material is currently available for download on the wildbits.com web site, hosted by your company, at the following URL." The developer says he removed the free software plugin to restore access to his website, which was shutdown by the ISP for more than an hour. Demongeot says that Apple never contacted him and that he is still waiting for an explanation of the violation.




by MacNN Staff

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  1. LordJohnWhorfin

    Joined: Dec 1969

    0

    This is a disgrace.

    Good bye free speech, just because they have the expensive team of attorneys they can lie and libel all they want and get away with it.
    Apple is essentially accusing the guy of making pirated software available, a completely unsubstantiated accusation.
    And what does his ISP do instead of telling them to fvck off? they shut down his web site without bothering to even check whether there is an ounce of validity to Apple's absurd claim.
    I'm glad Yoko Ono gave these fvckers a taste of their own medicine, they deserve it. b*******. What is the world coming to.

  1. MichaelNH

    Joined: Dec 1969

    0

    don't need to check...

    If apple has a court order for that site to be taken down.. then it must be done.. Apple has proved it to a court that the person is violating some kind of law. It has nothing to do with Free Speech.. by your attitude, if I upload a hack to my website that allows the demo of Photoshop to be the full version, that it's free speech? I think not.. as there might be some practical use for the iPod downloaded.. any person with half a mind knows that it is going to be used for illegal purposes. in the rare case that someone has a system crash and they need to get their music on their iPod back to the hard drive.. well.. should have backed up.. I do it daily.. he can say that is the reason for his program, but we all know better.. don't try crying free speech when someone is breaking the law.. posting a piece of software isn't speech as I remember it... if he only had words posted there.. that would be different..

  1. PookJP

    Joined: Dec 1969

    0

    What's that Program...

    ... that lets you download all the songs from an iPod?

  1. coolfactor

    Joined: Dec 1969

    0

    sent author an email

    On his website, he states he's waiting for an explanation since he doesn't understand his violation. I think he's playing dumb. He has to realize that Apple created the iPod and iTunes and has full right to how they can and can not be used together. He doesn't have a clue.

  1. LordJohnWhorfin

    Joined: Dec 1969

    0

    YOU don't have a clue

    " If apple has a court order for that site to be taken down.. then it must be done.."

    Of course, Apple is the be all and end all of Law and Justice. Apple knows. Apple is all mighty, all knowing, all benign.

    f*** that. Apple uses its weight to intimidate smaller companies into doing what they want, regardless of whether they have any right to do it, just because the smaller companies would rather capitulate and inconvenience a customer than spend millions fighting Apple's lawyers in court. That's the problem these days, it no longer matters whether you're right or wrong: all that matters is how long you can afford to pay your lawyers.
    Apple is behaving like a despicable big bully.
    Hopefully Sylvain will find an Indian or Chinese site to host his plug-in.

  1. MichaelNH

    Joined: Dec 1969

    0

    umm huh?

    So you expect Apple to just call up the guy and be like "hey you are violating our software.. be a nice guy and take it down, okay?".. umm no.. that person knows they are doing something wrong... so they shouldn't waste their time with someone that is hacking their software... get a judge to okay shutting it down.. then telling the guy to do it or else is site won't go back up.. trying to negotiate with a law breaker makes no sense.. he already broke some kind of law.. Apple did it the right way.. the ISP was covering their butt..

  1. SergioRS

    Joined: Dec 1969

    0

    Clue?

    There are many many programs that are, and have been available for quite some time that allow you to take songs off the iPod. IMHO Apple's objection to this plug-in in particular is how seamlessly it integrates with iTunes. (by the way - it works GREAT!)

  1. jpellino

    Joined: Dec 1969

    0

    huh?

    "...just because they have the expensive team of attorneys they can lie and libel all they want and get away with it."

    Well then by your own standards, you need to prove they lied and you need to prove they libeled someone.

    But you haven't - you're just ranting.

    "Apple is essentially accusing the guy of making pirated software available, a completely unsubstantiated accusation."

    How do you know it's unsubstantiated? Have you seen any legal papers on this (I'll bet no) or the alleged infinging code? (I'll bet no again).

    "Of course, Apple is the be all and end all of Law and Justice. Apple knows. Apple is all mighty, all knowing, all benign."

    No one said that - again, it's just you ranting.

    Let's look at the reasonable possibilities here -

    If he used code from iTunes or iPod to make his hack, then he's in violation of copyright law. Apple's within their rights.

    If he circumvented iTunes or iPod / Fairplay DRM, then he's in violation of the license to use the program(s) and promoting the same by distributing the software. Again, Apple's within their rights.

    Sure, someone can claim there's other uses for the software, but when it gets right down to it, if a developer has something that 'happens' to circumvent copycode or other proprietary schemes, they have to show that there is a significant competing use for the code/device or else... the key word there is significant. I've seen people go thru this rundown on small technical details and win - because the primary use was great and the possibility of using this thing to crack copycode was very small and never widely known.

    Look, a gun can be used as a hammer to fix a sticking door. But it's not a significant competing use, it's not why you go to a gun store, and it's not why guns get locks. Their universally understood primary use is to fire potentially lethal rounds. You can stop equivocating.

    iPod / iTunes / Fairplay allows you to copy your music on up to 5 computers. This piece apparently circumvents that, and anyone looking at this who knows the territory has to acknowledge that it does so, and therefore is fair game for the copyright / software holder / developer (Apple et. al.).

    In case you still don't get it, go spend long periods of time - say full time employment for you and lots of colleagues - creating world class software, developing a decent revenue model, and then watching a succession of clueless crackers try to dismantle it and then play Eddie Haskell and claim gosh, Mrs. Cleaver, they don't know what all the fuss is about.

  1. LordJohnWhorfin

    Joined: Dec 1969

    0

    You still don't get it

    I know it's unsubstantiated because THEY DID NOT SUBSTANTIATE IT! In other words, all they had to do was to CLAIM Sylvain's software infringed, and his ISP rolled over. Do you even understand the difference between a CLAIM and its substantiation?

    I'm not even going to bother answering the rest of YOUR rant. You're just some republican troll a******.

  1. sbjordal

    Joined: Dec 1969

    0

    Why go after the ISP?

    I have issues with Apple going after the ISP in this case. Apple should send a cease and desist letter to the Author of the program, and threaten legal action to the author, not the ISP.
    We'll all have problems if ISP are being held liable for what customers do. This is definitely reminiscent of RIAA suing Verizon and other huge ISP for not relasing customer names. The ISPs are a 3rd party here, and we, as customers need to know that they will not cave. Ofcourse, the ISP can take whatever action they need against the customer who (probably) broke their rules, but that's between the ISP and the customer.
    This whole thing sounds like a cop-out on Apple behalf; they knew flaunting the DMCA to the ISP would be all that was needed.
    Note: i Love Apple, but question their methods in this case.

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