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WWW.OSXP.NET Gone

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WWW.OSXP.NET Gone

http://www.osxp.net
from JoeUser Forums
Site taken down due to request from Apple



Sorry



April 22, 2002
VIA E-MAIL

RE: NOTICE OF INFRINGEMENT
Dear ********:
We represent Apple Computer, Inc. ("Apple") with respect to its intellectual
property matters. It has come to our attention that you are offering for
download on your web site various skins, themes, wallpaper, icons, and other
materials for Windows XP, which are identical and/or confusingly similar to
Apple's Aqua theme for its MAC OS X (see
http://www.osxp.net/osxpindex.html).
You should be aware that your actions constitute infringement of Apple's
intellectual property rights under various federal and state trademark,
copyright and unfair competition laws, which may subject you to serious
civil and criminal penalties. By publishing these infringing skins and
allowing the public to access and download them from your web site, you also
are engaging in contributory infringement of Apple's copyrights, trademarks
and trade dress. Your unauthorized actions also may damage our client's
reputation and result in the dilution of our client's famous trademarks.

Accordingly, we demand that you immediately cease and desist from
distributing all skins, themes, wallpaper, icons and other materials for
Windows XP which are identical and/or confusingly similar to Apple's Aqua
interface for its Mac OS X.

Please note that a letter may also be sent to your Internet access provider
as notice that its services are being used to infringe the trademarks and
copyrights of others.
We ask that you immediately send written confirmation that you have complied
with our demand. The foregoing is not intended as a complete statement of
Apple's position on this matter, and nothing herein shall be deemed to
constitute a waiver of any of Apple's rights or remedies at law, in equity
or otherwise, all of which are expressly reserved.
Sincerely,
Fabricio Vayra
202/857-6130
[email protected]

Arent Fox Kintner Plotkin & Kahn, PLLC
1050 Connecticut Avenue, NW
Washington, DC 20036-5339
Phone 202/857-6000
Fax 202/857-6395
www.arentfox.com
18,333 views 31 replies
Reply #26 from JoeUser Forums Top
Part of infringing on copyright is the intent of the infringer to capitalize on their efforts (from a legal perspective, that means to make money), and/or to deprive the original copyright holder of any benefits of their work.

Now, I never visited this site before it was closed down, but if what was there was designed for the Windows OS, then Apple could not possibly demonstrate how it is being adversely affected by the material there. Similarly, if they were not charging anything for the downloads, then there was not attempt to deprive Apple of revenue, and it would most likely fall under "Fair Use."
Reply #27 from JoeUser Forums Top
It's a common misconception, but copyright infringement certainly doesn't apply only when the infringer is making money from their actions. Any gain achieved by the copyright infringement, whether personal or monetary, is irrelevant. It is the action of taking someone else's copyrighted work and using elements of that work in your own which constitutes a breach of copyright law. The law applies equally for someone who makes vast amounts of money from their efforts as it does someone who makes none at all. It's the act that is illegal, not the result of that act.
Galactic Civilizations IV
Reply #28 from JoeUser Forums Top
I believe that Apple has done the right thing- to protect its own os and its unique interface. I'd suggest if you want to design an interface for a program, make it unique, invent your own interface, be creative. I use Windows 98 Second Edition,as it is a good OS.
Reply #29 from JoeUser Forums Top
I believe that Apple has done the right thing- to protect its own os and its unique interface. I'd suggest if you want to design an interface for a program, make it unique, invent your own interface, be creative. I use Windows 98 Second Edition,as it does the job for me.
Reply #30 from JoeUser Forums Top
Did every average hard-working "skinner" jump up because somebody tweaked his skin? If Apple is big
as said or as they are trying to, why bother with
such dwarfs??? Much ego-boost here I think... I visited the site a few days ago, while still open
and it didn't seem so threatening...I do agree a bit woth Wandy and DavidK.
Reply #31 from JoeUser Forums Top
Grayhaze, the courts have been reticent to apply penalties when there can be no damages shown. Similarly, (and I forget the exact percentage, but I think it's small, like 20%) if a certain percentage of the work is changed from the original, it is not subject to being "infringing" work. That is, you can base your new creation on something previously existing if you change a portion of it.