GGJstudios
Apr 4, 05:02 PM
I stand corrected.
I find myself standing that way a lot! :)
I find myself standing that way a lot! :)
aristotle
Nov 13, 11:26 PM
Not quite. There are at least two other options. Fair use, and exhaustion/implied license/first sale doctrine.
The use is almost certainly fair use, and Apple's rights may very well be exhausted under the first sale doctrine. It's a thorny question of law since there is nothing in the Mac OS license that makes it clear what you can do with those icons. Apple would have been better off putting something in the development agreement about not being able to use representations of Macs, etc. But they didn't.
So your argument is that since a court of law would find this to be copyright infringement, it's covered by the development agreement.
My opinion, as an I.P. lawyer, is that it's not at all clear that it's copyright infringement, that most people would think it probably isn't, and that therefore the development agreement does not at all clearly forbid this sort of thing.
P.S.: You're saying developers just need to read the agreement. I'm saying they need to read the agreement, go to law school, and guess how Apple will interpret the facts.
Which law firm please. We'd all like to know for future reference, who to not trust our cases with. While most law has to do with the letter of the law, jury trials often are won or lost based on what the jury believes to be the intent or spirit of the law.
The british common law legal system was never intended to be like this. The lawyers have destroyed and twisted it beyond all recognition. It was originally supposed to be based on judeo-christian morals and ethics. There is not supposed to be a grey area. You are either deliberately infringing on the rights of others or you are not. The original intent was to have a court case as the last resort where parties would first try to solve the problem by talking to each other, then go to arbitration and then court as a last resort.
*Edit*
Screenshots on other sites show airflow displaying a Firefox icon. That icon is definitely not covered any implied license through use of the API on the mac. Care to explain that to us Mr. Lawyer?
The use is almost certainly fair use, and Apple's rights may very well be exhausted under the first sale doctrine. It's a thorny question of law since there is nothing in the Mac OS license that makes it clear what you can do with those icons. Apple would have been better off putting something in the development agreement about not being able to use representations of Macs, etc. But they didn't.
So your argument is that since a court of law would find this to be copyright infringement, it's covered by the development agreement.
My opinion, as an I.P. lawyer, is that it's not at all clear that it's copyright infringement, that most people would think it probably isn't, and that therefore the development agreement does not at all clearly forbid this sort of thing.
P.S.: You're saying developers just need to read the agreement. I'm saying they need to read the agreement, go to law school, and guess how Apple will interpret the facts.
Which law firm please. We'd all like to know for future reference, who to not trust our cases with. While most law has to do with the letter of the law, jury trials often are won or lost based on what the jury believes to be the intent or spirit of the law.
The british common law legal system was never intended to be like this. The lawyers have destroyed and twisted it beyond all recognition. It was originally supposed to be based on judeo-christian morals and ethics. There is not supposed to be a grey area. You are either deliberately infringing on the rights of others or you are not. The original intent was to have a court case as the last resort where parties would first try to solve the problem by talking to each other, then go to arbitration and then court as a last resort.
*Edit*
Screenshots on other sites show airflow displaying a Firefox icon. That icon is definitely not covered any implied license through use of the API on the mac. Care to explain that to us Mr. Lawyer?
MartiNZ
May 1, 05:22 AM
I think you're gonna get pretty disappointed. It wont't have blu-ray, likely no usb3, less likely that it'll have 2GBVram, the only way you're getting another hdd is to take out the optical drive, and it won't support 24GB of RAM.
Boy, that sure does account for most of his list ... lol.
The way the MBP performance shot up so much with this last release, I was thinking the iMac may do the same, especially in GPU, but it sounds like that may be rather next year. Oh well, the spec I would want in the current lineup runs $NZ6,000 so just as long as that's down a lot, it might be worthy :).
Boy, that sure does account for most of his list ... lol.
The way the MBP performance shot up so much with this last release, I was thinking the iMac may do the same, especially in GPU, but it sounds like that may be rather next year. Oh well, the spec I would want in the current lineup runs $NZ6,000 so just as long as that's down a lot, it might be worthy :).
dvkid
Nov 13, 01:07 PM
Why does Apple think it's okay to continually alienate and turn away developers?? :confused: Why do fanboys continue to excuse such incidences? Why aren't people SICK of this kind of behavior from Apple? :mad:
Obviously people are. Rogue Amoeba and Joe Hewitt both jumping ship on the same day doesn't seem to be a coincidence to me.
However, until this has a noticeable impact on the user, most won't be as upset as the developers are. Facebook will continue where Joe left off, and Rogue Amoeba's app served a very specific audience (albeit very well). If Facebook were to, say, remove their app from the store, then this might hit people's radar in a meaningful way.
Obviously people are. Rogue Amoeba and Joe Hewitt both jumping ship on the same day doesn't seem to be a coincidence to me.
However, until this has a noticeable impact on the user, most won't be as upset as the developers are. Facebook will continue where Joe left off, and Rogue Amoeba's app served a very specific audience (albeit very well). If Facebook were to, say, remove their app from the store, then this might hit people's radar in a meaningful way.
Multimedia
Sep 1, 03:58 AM
Same here. I'm not waiting beyond Paris, but I won't be able to afford an MBP, unless I bought the current models on eBay proceeding an update.
Ugh... it would just be so much simpler if Apple "revealed their hand" all at once so i knew where I stood. No point in delaying a MB update, it's already been out longer than the average MBP cycle.There isn't going to be a MacBook update until late Fall when they have enough Meroms to feed the MacBook line with exactly the same speed and L2 cache Meroms. So if you're waiting for Paris to see if there will be Merom MacBooks then, you can forgetaboutit now. Ain't gonna happen 'til the MBP & iMac pipelines are saturated.
Merom C2D processors are on allocation for a few months. LIMITED SUPPLY guys. Means MacBook is next to last to get Meroms followed by mini at the end of allocation time - probably November-December time frame.
Ugh... it would just be so much simpler if Apple "revealed their hand" all at once so i knew where I stood. No point in delaying a MB update, it's already been out longer than the average MBP cycle.There isn't going to be a MacBook update until late Fall when they have enough Meroms to feed the MacBook line with exactly the same speed and L2 cache Meroms. So if you're waiting for Paris to see if there will be Merom MacBooks then, you can forgetaboutit now. Ain't gonna happen 'til the MBP & iMac pipelines are saturated.
Merom C2D processors are on allocation for a few months. LIMITED SUPPLY guys. Means MacBook is next to last to get Meroms followed by mini at the end of allocation time - probably November-December time frame.
andys53
Apr 22, 02:12 AM
How does streaming music to my iPhone help me, when O2 cap my Internet usage, and then charge when you use more.
It won't, but if you have iTunes on a computer at home, it could save you on constantly replacing worn out hard drives before they crash and lose all your library.
It won't, but if you have iTunes on a computer at home, it could save you on constantly replacing worn out hard drives before they crash and lose all your library.
spencers
Apr 28, 03:26 PM
Sorry Microsloth
powers74
Mar 30, 12:51 PM
What is the App Store? It is a store where you buy apps, an app store.
It's not a "shed where you buy apps", for example.
Wow, great point. Care to pick off any of the other ideas?
It's not a "shed where you buy apps", for example.
Wow, great point. Care to pick off any of the other ideas?
EspressoLove
Apr 22, 07:08 PM
This may have been asked and answered before, but is the common belief that USB and Firewire will be completely gone soon? For example, my Macbook Air has room for only two ports - a mini-display drive, and a USB drive. Is the idea that the Thunderbolt drive will replace the USB, and that purchasers of the new Air will use an adapter of some sort for "old" USB peripherals moving forward?
If Apple has this expectation, they had better at least sell an appropriate adapter/hub. I've long thought a thin, form-matching hub that connects to all of the ports on one side of an Apple portable would be a great idea. If Apple can make a 2- or even 3-port USB hub off of the Thunderbolt port (especially if a Mini Display-Port is also available) for ~$50, that would be golden for this type of MBA plan.
You both think into it too much:
- FireWire was gone from Apple's "future of notebooks" since the beginning of time (2008:rolleyes:)
- Thunderbolt is not replacing USBs, it's a supplement to DisplayPort (and can connect to both display and peripherals simultaneously)
If Apple has this expectation, they had better at least sell an appropriate adapter/hub. I've long thought a thin, form-matching hub that connects to all of the ports on one side of an Apple portable would be a great idea. If Apple can make a 2- or even 3-port USB hub off of the Thunderbolt port (especially if a Mini Display-Port is also available) for ~$50, that would be golden for this type of MBA plan.
You both think into it too much:
- FireWire was gone from Apple's "future of notebooks" since the beginning of time (2008:rolleyes:)
- Thunderbolt is not replacing USBs, it's a supplement to DisplayPort (and can connect to both display and peripherals simultaneously)
rmhop81
Apr 22, 08:30 AM
Problems:
--Dependence on an internet connection. Deal breaker right there. Subways? Forget it.
--Buffer times
--Connection instability/loss
--Already way overstrained data networks contributing to the above
--Battery life will suffer if it's wifi
--And if it's 3G, well there's another bill in the mail every month. A recurring bill in the form of data charges to listen to my music I already paid for? No thank you. No, no, no thank you.
Since when did every device in the house need a monthly bill to go with it? AT&T provides a pretty crappy service as it is to begin with, why shuffle any more money right into their pockets?
Dependence on an internet connection and a bill in the mail are enormous deal breakers.
To the people saying "Oh, well Apple isn't taking your hard drive away", no, they aren't, but this is the first step. In 20 years hard drives will be obsolete, as everything will be cloud based, and you'll be forced into the cloud whether you want to be or not.
This service is a completely stupid idea for anyone who has an iPod with a big enough hard drive to store their stuff. I can see the appeal for those with more than 160 GB of music, but other than those people, I see literally zero benefits to be had by this, and a slew of problems/frustrations to be gained.
ever heard of the pandora app??
--Dependence on an internet connection. Deal breaker right there. Subways? Forget it.
--Buffer times
--Connection instability/loss
--Already way overstrained data networks contributing to the above
--Battery life will suffer if it's wifi
--And if it's 3G, well there's another bill in the mail every month. A recurring bill in the form of data charges to listen to my music I already paid for? No thank you. No, no, no thank you.
Since when did every device in the house need a monthly bill to go with it? AT&T provides a pretty crappy service as it is to begin with, why shuffle any more money right into their pockets?
Dependence on an internet connection and a bill in the mail are enormous deal breakers.
To the people saying "Oh, well Apple isn't taking your hard drive away", no, they aren't, but this is the first step. In 20 years hard drives will be obsolete, as everything will be cloud based, and you'll be forced into the cloud whether you want to be or not.
This service is a completely stupid idea for anyone who has an iPod with a big enough hard drive to store their stuff. I can see the appeal for those with more than 160 GB of music, but other than those people, I see literally zero benefits to be had by this, and a slew of problems/frustrations to be gained.
ever heard of the pandora app??
bloodycape
Aug 24, 06:08 PM
2) Creative exits the player business because it will be squeezed by the iPod and Zune from above, and Sandisk and iRiver from below. The field will just be too crowded with Zune. Because no matter how much money Zune will lose in the first few years, Microsoft will no doubt keep it afloat rather than cede defeat in this space. That might help Zune to take away some share away from the iPod eventually, but not before Zune eats the bulk of Creative's and Sandisk's share first. Creative has to be thinking about whether continuing to pour R&D and marketing into players is worth it with Microsoft competing directly against them. My guess it they'll bail as soon as they are able.
At the moment Sandisk is ahead of Creative in terms of profit and market shares because since Sandisk makes their own flash drives they can sell larger capacity drives at a lower price hence the 8gig Sansa being the same price as many 4gig players. And in Korea and Japan iRiver if I am not mistaken is doing better than creative because they have some items there that are actually meeting the demand of their consumers i.e. pocket dictionaries that play games, support audio and video. Yet Creative still enough made some profits in Q1 and Q2 of 2006.
At the moment Sandisk is ahead of Creative in terms of profit and market shares because since Sandisk makes their own flash drives they can sell larger capacity drives at a lower price hence the 8gig Sansa being the same price as many 4gig players. And in Korea and Japan iRiver if I am not mistaken is doing better than creative because they have some items there that are actually meeting the demand of their consumers i.e. pocket dictionaries that play games, support audio and video. Yet Creative still enough made some profits in Q1 and Q2 of 2006.
lmalave
Sep 26, 02:25 PM
This would be sweet! I definitely wouldn't mind switching to Cingular and their rollover minutes. Looking at Cingular's family plans it looks like I would save about $20/month over my current T-Mobile plan. And since Cingular is GSM like T-Mobile, my mom (who I share the plan with) could continue using her existing simple Samsung mobile phone that she's familiar and comfortable with (I'd just have to get a Cingular SIM card). And as someone already mentioned above, phone numbers in the US are transferrable between carriers, so although it's probably a pain I would do all the paperwork to transfer the 2 numbers I have under T-Mobile.
I just hope the phone is sweet enough to make me wanna ditch my already impressive Sony Ericsson phone. The main improvents I would be looking for over my SE phone are:
- Better music player software/controls (I think this one's a safe bet)
- Stereo bluetooth (less sure about this one)
- 3G enabled (looks promising - I'm hoping the iPhone will be 3.5G HSDPA enabled like the LG CU500 phone)
- Better browser (Actually Opera mini is fine, maybe all that's needed is a larger screen and faster connection speed)
- Better camera, especially under low light conditions (almost guaranteed to be better camera based on rumors it's 3 megapixels and also Apples experience integrating tiny video cameras into its laptops and iMacs)
- Larger screen (would like it to be 2+ inches diagonal and at least 320 x 240 pixels) (this one I think is a safe bet)
So basically, I will almost certainly be getting the iPhone as soon as it's available and I fill out the paperwork to transfer my number over...
Hey everybody,
So often I hear people talk about how great the customer service is for Verizon, Cingular, and Sprint. Why are all of you in need of customer service with these companies? I'm with T Mobile and have never needed to call and straighten a bill out, or get credit applied to my account. I'd say the best customer service is the kind you don't need to use. So, I'm hoping that T Mobile will carry the iPhone 6 months after the initial release.
Lucky you. I have T-Mobile and I've definitely had reason to call them. I thought their customer service was excellent (better than Verizon or AT&T), but I still wouldn't say that their service is "so good you never need to call them up".
I just hope the phone is sweet enough to make me wanna ditch my already impressive Sony Ericsson phone. The main improvents I would be looking for over my SE phone are:
- Better music player software/controls (I think this one's a safe bet)
- Stereo bluetooth (less sure about this one)
- 3G enabled (looks promising - I'm hoping the iPhone will be 3.5G HSDPA enabled like the LG CU500 phone)
- Better browser (Actually Opera mini is fine, maybe all that's needed is a larger screen and faster connection speed)
- Better camera, especially under low light conditions (almost guaranteed to be better camera based on rumors it's 3 megapixels and also Apples experience integrating tiny video cameras into its laptops and iMacs)
- Larger screen (would like it to be 2+ inches diagonal and at least 320 x 240 pixels) (this one I think is a safe bet)
So basically, I will almost certainly be getting the iPhone as soon as it's available and I fill out the paperwork to transfer my number over...
Hey everybody,
So often I hear people talk about how great the customer service is for Verizon, Cingular, and Sprint. Why are all of you in need of customer service with these companies? I'm with T Mobile and have never needed to call and straighten a bill out, or get credit applied to my account. I'd say the best customer service is the kind you don't need to use. So, I'm hoping that T Mobile will carry the iPhone 6 months after the initial release.
Lucky you. I have T-Mobile and I've definitely had reason to call them. I thought their customer service was excellent (better than Verizon or AT&T), but I still wouldn't say that their service is "so good you never need to call them up".
Nielsenius
Apr 22, 08:45 AM
I understand the concept of all this, but what if you're in a place with bad reception (or no WiFi for users without an iPhone)? I don't think that I'll be switching to an all-cloud storage service any time soon.
iMacZealot
Sep 18, 12:36 AM
because the p910 when released was a $AU1300 phone. i dont want to be paying for that TWICE (no phone is free. u either pay up front or you pay in your monthly contract) if i change carrier. you dont get a new Mac because you change ISP, do you?
If you sign up for two years with one carrier, then you better think harder if you're going to switch a few months later.
But CDMA carriers will unlock your phone. I haven't tried it, but I've heard of Sprint or Verizon unlocking phones. It doen't happen that often since it requires quite a bit of reprogramming, but it's possible.
If you sign up for two years with one carrier, then you better think harder if you're going to switch a few months later.
But CDMA carriers will unlock your phone. I haven't tried it, but I've heard of Sprint or Verizon unlocking phones. It doen't happen that often since it requires quite a bit of reprogramming, but it's possible.
vitaboy
Aug 24, 04:52 AM
The cost of litigation would not even remotely approached 100 million. The cost of losing (ie, having a judgement against apple), now that would have probably exceeded 100 million. When a company is not sure about it's position, the best thing is to settle. You don't see IBM settling their Linux suit, do you?. And SCOunix hasn't even paid close to 100 mil in lawyers fees yet and they are fighting a losing battle..
I think you are seriously underestimating how expensive these type of patent battles can be. Check out the following story:
http://www.internetnews.com/bus-news/article.php/3402321
Regarding its ongoing legal battles with IBM (Quote, Chart) and Novell over Linux code claims, SCO announced an agreement with its legal firm that would cap its legal costs at $31 million. As part of the deal, SCO's legal firm Boies, Schiller & Flexner could be awarded between 20 and 33 percent of any potential settlement that may arise from SCO's claims.
So SCO obviously expected its legal costs to spiral beyond $31 million to make a special deal with its law firm to cap costs. The fact they are willing to give as much as 33% of any potential winnings with the legal firm indicates that the final tally could easily approach $100 million if not for the cap.
It is quite clear that Apple would have made life very, very expensive and excruciating for Creative's legal team. $100 million in legal costs is not unrealistic considering that you not only had the original suit, but countersuits by Apple involving 4 bonafide patents.
I think you are seriously underestimating how expensive these type of patent battles can be. Check out the following story:
http://www.internetnews.com/bus-news/article.php/3402321
Regarding its ongoing legal battles with IBM (Quote, Chart) and Novell over Linux code claims, SCO announced an agreement with its legal firm that would cap its legal costs at $31 million. As part of the deal, SCO's legal firm Boies, Schiller & Flexner could be awarded between 20 and 33 percent of any potential settlement that may arise from SCO's claims.
So SCO obviously expected its legal costs to spiral beyond $31 million to make a special deal with its law firm to cap costs. The fact they are willing to give as much as 33% of any potential winnings with the legal firm indicates that the final tally could easily approach $100 million if not for the cap.
It is quite clear that Apple would have made life very, very expensive and excruciating for Creative's legal team. $100 million in legal costs is not unrealistic considering that you not only had the original suit, but countersuits by Apple involving 4 bonafide patents.
MacVault
Sep 14, 08:31 AM
Anyone know when we might see an update to the MacBook (not MBP)???
kryca
Apr 23, 07:09 AM
I still don't get why there is still no mention of built-in 3G support. For a device as mobile as the MBA, it's beyond me why it's still missing.
The clunky UMTS USB sticks are difficult to handle on the go, particulary on Rev C and earlier they usually don't even fit without an USB extension cable. :-(
But maybe I'm missing something here :-)
The clunky UMTS USB sticks are difficult to handle on the go, particulary on Rev C and earlier they usually don't even fit without an USB extension cable. :-(
But maybe I'm missing something here :-)
rmhop81
Apr 22, 08:26 AM
I pity the children of the future when I think back to how I am my friends used to swap Video's, CD's and Computer games with each other, as we only had enough Birthday/Christmas money to afford to buy so much, so we had great fun and enjoyment swapping what we had between friends.
In the same way my elderly mother goes to her weekly meeting and they all bring books they have read in, so others can read their books when they have finished with them. Not everyone can afford to buy new every time.
you are focusing too much on the physical items. maybe bc i like to live simple/minimal....but nowadays too many people want so many physical possessions. to me, less is more.....
In the same way my elderly mother goes to her weekly meeting and they all bring books they have read in, so others can read their books when they have finished with them. Not everyone can afford to buy new every time.
you are focusing too much on the physical items. maybe bc i like to live simple/minimal....but nowadays too many people want so many physical possessions. to me, less is more.....
ECUpirate44
Mar 29, 11:39 AM
I use both.... and all I can say is "CUT and paste". Windows has had it for years, OS X SL doesn't. Same with window snap.
Huh? Command C and Command V to cut and paste? You can also highlight the text and right click.
Command Shift 4= snap selection
Command Shirt 3= full screen.
Huh? Command C and Command V to cut and paste? You can also highlight the text and right click.
Command Shift 4= snap selection
Command Shirt 3= full screen.
Skika
Apr 20, 11:30 AM
Not big deal. But, im not a fearfull worried paranoid person, which many are.
SockRolid
Apr 28, 03:26 PM
Not bad, considering the worldwide economic downturn. Just wait until the economy heats up again...
nwcs
Apr 20, 10:08 AM
Where are people going that they need to be alarmist about this? Every phone, every gps thing, and more do this.
kyjaotkb
Apr 22, 03:26 AM
Buffer times and connection loss could be eliminated as problems very easily:
When you load a playlist, your iPhone begins to download all the songs immediately in the background. Since a song is only a few megabytes, several songs could be downloaded in the span of one song during playback. These songs are then cached in a pre-determined sized local library and kept there until needed to make room for new incoming songs. A smart system could be employed to determine songs that should be prioritized to be kept in cache based on playcount and other listening patterns.
In an iPhone with 32GB of flash, a few GB of music could be cached without taking much room yet storing massive amounts of songs without the risk of interruption from slow or loss of connection.
.
then it will cause battery issues. Have you ever seen how much faster battery drains while using 3G continuously ?
And responsiveness issue. yes you can already use an iPhone while downloading / updating apps but it's gonna be slower. CoreAnimation will be choppy. And battery will suffer, too.
Whereas locally stored MP3 playing won't harm your iPhone at all and lets you multi-task like a charm and enjoy what makes the iPhone the iPhone : instant responsiveness.
I see iTunes library sharing over wifi working already very badly, it's most of the time unusable at home for audio. Forget about video... So just also forget about streaming from the internet using 3G. Moreover, about 50% of the time, my iPhone gets only Edge and no 3G (Bouygues Telecom, France).
And maybe the biggest issue : I listen to my music while commuting. And basically, there's barely a voice-enabled network 60% of the time. Nothing 30% of the time and Edge 10%. Nothing else (I commute with the tube in Paris). So any cloud-enabled music is DOA for me. I already have Mobile Me and Dropbox for that. Doesn't work practically for me.
So I don't call this cloud thing a revolution, rather a gmmick at best, and ******** for my actual needs.
But maybe, in some better-covered areas, with lucky people with a 100% 3G signal enabled all the time, that'll work...
Well, that was just my 2 cents !
When you load a playlist, your iPhone begins to download all the songs immediately in the background. Since a song is only a few megabytes, several songs could be downloaded in the span of one song during playback. These songs are then cached in a pre-determined sized local library and kept there until needed to make room for new incoming songs. A smart system could be employed to determine songs that should be prioritized to be kept in cache based on playcount and other listening patterns.
In an iPhone with 32GB of flash, a few GB of music could be cached without taking much room yet storing massive amounts of songs without the risk of interruption from slow or loss of connection.
.
then it will cause battery issues. Have you ever seen how much faster battery drains while using 3G continuously ?
And responsiveness issue. yes you can already use an iPhone while downloading / updating apps but it's gonna be slower. CoreAnimation will be choppy. And battery will suffer, too.
Whereas locally stored MP3 playing won't harm your iPhone at all and lets you multi-task like a charm and enjoy what makes the iPhone the iPhone : instant responsiveness.
I see iTunes library sharing over wifi working already very badly, it's most of the time unusable at home for audio. Forget about video... So just also forget about streaming from the internet using 3G. Moreover, about 50% of the time, my iPhone gets only Edge and no 3G (Bouygues Telecom, France).
And maybe the biggest issue : I listen to my music while commuting. And basically, there's barely a voice-enabled network 60% of the time. Nothing 30% of the time and Edge 10%. Nothing else (I commute with the tube in Paris). So any cloud-enabled music is DOA for me. I already have Mobile Me and Dropbox for that. Doesn't work practically for me.
So I don't call this cloud thing a revolution, rather a gmmick at best, and ******** for my actual needs.
But maybe, in some better-covered areas, with lucky people with a 100% 3G signal enabled all the time, that'll work...
Well, that was just my 2 cents !
centauratlas
Apr 4, 12:43 PM
Very true. I said before "Chula Vista is NOT La Jolla!" LOL
just fyi, being from san diego. Otay Mesa/Otay ranch is only 5-10 minutes from the Mexican border/Tijuana
just fyi, being from san diego. Otay Mesa/Otay ranch is only 5-10 minutes from the Mexican border/Tijuana