Web site sues Apple

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David Flynn28 April 2009, 4:57 PM

Apple set its lawyers onto BluWiki for daring to discuss how to use iPods with software and sites other than iTunes, so BluWiki is now suing Apple in the name of 'free speech'.


Here’s a high-tech twist on the ‘man bites dog’ story. Having launched many legal actions against Web sites and bloggers in the past in order to protect details on its products, is now being sued by the operator of a Wiki site dedicated to iTunes workarounds.

It started when a group of users of the BluWiki site began swapping notes on how to get their iPods and iPhones working with software other than Apple’s own iTunes, such as the popular WinAmp and open-source Songbird.

Apple’s lawyers contacted OdioWorks, which runs the BluWiki site, with one of their boilerplate take-down letters demanding the content be removed citing alleged breaches of copyright infringement and violation of the Digital Millennium Copyright Act. OdioWorks complied, and then kick-started legal action against Apple to retract its threat and allow the non-commercial wiki site to restore the threads.

“I take the free speech rights of BluWiki users seriously” said Sam Odio, owner of OdioWorks.  “Companies like Apple should not be able to censor online discussions by making baseless legal threats against services like BluWiki that host the discussions.”

The suit has been filed by the Electronic Frontier Foundation (EFF), with staff attorney Fred von Lohmann claiming that “Apple’s legal threats against BluWiki are about censorship, not about protecting their legitimate copyright interests.”

“Wikis and other community sites are home to many vibrant discussions among hobbyists and tinkerers. It’s legal to engage in reverse engineering in order to create a competing product, it’s legal to talk about reverse engineering, and it’s legal for a public wiki to host those discussions.”

For more on the case, visit http://www.eff.org/cases/odioworks-v-apple.



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gankul (Cornerstone member):

Good on them, fight back.

You should not have to use iTunes and Quicktime to use your Ipod, you should be able to choose. (especially Quicktime, why wont Itunes run without it).

28 April 2009, 5:21 PM (10 months ago)report abuse Send to a friend reply

Minuteman (New user):

Shouldn't that be "software and sites OTHER than iTunes"?

28 April 2009, 10:51 PM (10 months ago)report abuse Send to a friend reply

djsflynn (APC staff):

It should be, and it's now fixed. Thanks for the pick-up!

28 April 2009, 11:34 PM (10 months ago)report abuse Send to a friend reply

Raindog (Senior Forumologist):

All power to EFF, Apple has long been a bully. The consumer is entitled to use a purchased product in whatever manner they choose and freedom of discussion on usage in no way influences any rights Apple may hold. This one will be worth watching, a positive result against Apple would be a good precedent.



29 April 2009, 8:59 AM (10 months ago)report abuse Send to a friend reply

Hemma (User):

What goes around, comes around.

29 April 2009, 9:10 AM (10 months ago)report abuse Send to a friend reply

Tin (Senior Forumologist):

So discussing how to use a hardware product with a 3rd party application is a breach of copyright now? Good one Apple...

29 April 2009, 10:40 AM (10 months ago)report abuse Send to a friend reply

The Big Baboo (User):

Mmmmm Just because I refused to be a "one of the crowd" kinda guy I decided to buy a (shock,horror) Sony Walkman,load it up with cds that i own and play it wherever I want.Still the volume some of these kids use continues to shock me and if they can hear anything by the time they're 30 I'll be amazed.

29 April 2009, 10:52 AM (10 months ago)report abuse Send to a friend reply

Hemma (User):

Quoting The Big Baboo:
if they can hear anything by the time they're 30 I'll be amazed.

Tell me about it. But in some cases I think thats a good thing. It'll finally put an end to bad techno rave music on trains.

30 April 2009, 11:49 AM (10 months ago)report abuse Send to a friend reply

Raindog (Senior Forumologist):

Quoting Hemma:
It'll finally put an end to bad techno rave music on trains.

The awful reality is that this will simply result in the use of even higher higher volume settings.


30 April 2009, 6:55 PM (10 months ago)report abuse Send to a friend reply

Tin (Senior Forumologist):

Quoting The Big Baboo:
Still the volume some of these kids use continues to shock me


I think loud music is the new smoking... Both require a desire to be "cool" regardless of health impacts.

And both annoy me a lot at my school job... My office happens to be right between the principal and deputy offices with a row of "waiting" chairs. I get people stinking of smoke sitting there playing dodgy loud music (which often drowns out my already slightly-louder-than-it-really-needs-to-be music).

30 April 2009, 8:35 PM (10 months ago)report abuse Send to a friend reply

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