Apple cult leader emails outside world Apple cult leader Steve Jobs has communicated with the outside world. As revealed by Crunchgear, Jobs recently sent an 11-word email to a longtime Mac developer who had come groveling to the cult leader after being threatened by a band of Apple lawyers. John Devor is the CEO of The Little App Factory, a tiny shareware outfit …
Although little can be done to help the poor guy, "not much of a deal" tends to prove that Jobs lost contact with reality. A name change IS a huge deal even for mainstream products backed by deep-pocketed companies and top PR agencies. For a niche shareware vendor it merely means death.
But short of buying the company there's nothing Jobsie can do, presumably. He can't afford to lose the iPod trademark, which is what will happen if he doesn't defend it.
Assuming that that message really came from Steve Jobs :
Ouch. I wonder what Stevie would have said if he had that "change your name" reply during the whole thing with Apple Corps... I love my Macs, but Jobs can go hang if that is really the line Apple decides to follow.
"from iPods and iPhones in the event of a serious hardware failure on their Mac"
I thought that all apple product were immune from such peecee things as hardware failure, thus this software is completely useless and he should give up being in the software industry and forking bell gob ack 2 skool.
This is very unacceptable behavior for a CEO. First he used an informal style in a business reply, Second he didn't even put forth an argument or any reasoning AT ALL (just like his followers), and he sent it from his PHONE, something that should only be done when an urgent message needs to be sent and are away from a computer, and should never be done to a customer.
Doesn't he have an assistant to send these things anyway? And doesn't he realized the cost in changing the name of a well-established product? John states in his letter that his product depends on word-of-mouth for advertising, of course Steve only cares about himself and his pocketbook.
Any other business or even politics, and this would be suicide
>Yes, it's an infringement but it's not that big a deal.
That's upto a court to decide.
Apple would have to prove that customers were confused between the Apple music hardware and this software.
If I want to write an app called "SQLServerBackup" then as long as I don't claim that it is a MSFT product (passing off) then I'm safe. The usual way to do this is a bit of small print saying "all trademarks are the property of their owners".
That MSFT goes ape on anybody using the name of their products in another app (like wxWindows) shows how shaky they believe their position is.
Everyone knows that you can't use Apple product names for your products. It's simple. You can call you app "MyApp for Mac" but not "MyMacApp", essentially in the former your app is called "MyApp" and it's OK to tag "for Mac" on the end. The same is true of iPhone app's and iPod app's.
Seriously, why is this a surprise? Apple doesn't want it's trademarks diluted - this makes sense. So what's the problem? Don't put Apple product names in the name of your product, then you won't need to change the name.
And that's why I would not write software for Apple products.
Apple gives an impression of being carefree and nice, while in fact being quite litigous compared to any other computer vendor I know of. I mean, it doesn't usually come to an actual lawsuit, but C&Ds and such are par for the course for them. It's hard to get frank information on certain model's repeat failures (and in some cases where it's repairable, how to fix it short of complete system or motherboard replacement), any discussion of this type in forums is either blocked by legal pressure or devolves into a "just buy a new one" type of argument.
IPhone specific, of course, but I also wouldn't want to deal with the byzantine app process either, or even worse have an app accepted then find out the followup is rejected.
"If I want to write an app called "SQLServerBackup""
Although it wouldn't surprise me if "SQL Server" were trademarked - a bit like the abomination that is the Windows trademark - such a name, derived from the generic terms "SQL", "server" and "backup" would be safer to defend from predatory Microsoft behaviour. What about something like OracleBackup, though?
Sometimes it's time to learn the mechanics of how this all works together.
Assuming that 'iPod' is a registered Trademark - :-) - it's not (even) anywhere near rocket science to also assume that any product name coupled with it will have to be very, very carefully checked out by legal folks for appropriateness .
In case of doubt what I mean here, develope an app, say a spreadsheed, and
call it 'Like Microsoft - but better' and than wait for the hammer to hit you.
Kinda find it nice from Steve to reply, even the content I like. You know how it is, If you want to play with the big boys, you're better wide awake.
Writing this from an Apple Macbook & wishing you a lively discussion, enjoy.
Sometimes it's time to learn the mechanics of how this all works together.
Assuming that 'iPod' is a registered Trademark - :-) - it's not (even) anywhere near rocket science to also assume that any product name coupled with it will have to be very, very carefully checked out by legal folks for appropriateness .
In case of doubt what I mean here, develope an app, and
call it ' Microsoft - Data saver' and than wait for the hammer to hit you.
Kinda find it nice from Steve to reply, even the content I like. You know how it is, If you want to play with the big boys, you're better wide awake.
Writing this from an Apple Macbook & wishing you a lively discussion, enjoy.
And I'd guess that the legal bill for setting precedent in undermining Apple copyright stuff is not going to sit well with shareholders.
No matter how sweet an app, how neat and treat an app are ...
But there again I guess all previous posters know that too?
(Was not there some discussion about El Reg's vulture icon?)
If you don't defend your trademark and allow it to be used in generic terms, you run a very real risk of losing your exclusive rights to the trademark That's how companies lost their exclusive use of names like nylon and why Xerox does everything they can to not let photocopying become "xeroxed". If you don't send the legal letters, you ultimately lose.
...he would have at least offered to help out with a link page or so for people googling the 'previously known as ipodrip' app.
It IS a big deal for a small biz which might be low on cashflow.
For someone big on marketing, Jobs sure is smearing the shit over his brand. Never thought Bill Gates would me made to look the one with the bigger heart.
I feel better now about my blackberry clone at least having a proper keyboard.
It's like that scene in the Simpsons Movie where Apu, Wiggum and another character ask Monty Burns to keep providing electricity to Springfield and Apu says "just look into your heart."
Jobs is a ruthless businessman, so appealing for leniency from him was never going to happen!
http://wiki.answers.com/Q/Where_did_Apple_get_the_name_for_the_iPod
To quote:
Even though the person who came up with the name lives on an aged
Pension. yet Steve Jobs going by Forbes has a net worth of $5.8 Billion
US Dollars. What is it they say about karma. And remember Steve you cant
take it with you. At least talk to the Author personally Do the right thing.
that is a bit harsh!
Being a Mac fan I usually avoid these threads, but I have to say, what a cock!
'It's not what you say, it's how you say it.' - My mum
Really, would it have been that tough to reply in a professional way?
As a developer and Apple user, this had really tainted my view on Apple as whole.
So yea, they are probably in wrong (legally) for using iPod, but stil, a polite reply stating why..
Meh, might skip that Airport after all...
Hi. I'm a small manufacturer of windshild wipers for the Honda Accord. We have been making them
since 2003, and our customers tell us they are the tops. However, we received a letter from a law firm representing your company, Honda, saying we were violating your trademark because our wipers are called Accord Wipers.
Etc., etc.
"I'm sure the LittleApp guy sent his message, didn't get any response and then made up this story so he could buckle to Apple's legal demands whilst getting free publicity from El Reg for the name change."
Naaah. Actually Apple died right after the AppleII but the LittleApp guy spen his time convincing people that the company was still alive. He released a couple computers and portable electronic devices, and has been impersonating S. Jobs for the last 15 years. Now his evil plan is complete: he might be able to include the sequence * i p o d * in his product name!. The world is his! Nyarrrh Nyarrrh Nyarrh!
Seriously, you first name is really Paris, right?
I think part of the problem is that in the US, if you don't actively protect your trademark (i.e. sue everyone in sight), you can lose it.
Apple could have come to agreement where they licensed the trademark to The Little App Factory for a nominal fee, thus protecting the trademark and without f**king them over.
I suspect Apple doesn't like the software as it's basis is that hardware failure happens, something Apple "Designed in California made in China" don't like to admit to.
Apple, with it's institutional control freakery as instilled by Steve Jobs from the beginning (the other Steve being the reverse), really doesn't like 3rd party developers.
As for the idea that changing the name is no big deal, it's plainly ridiculous.
... of an app to recover from catastrophic Jobsian HW failure.
Glad I have a £20 MP3 player upon which I only have copies of files that are rips from my CD collection. If it dies, it'll be hit with an FBH* to save my data falling into the wrong hands, I'll buy a new one and move right along.
"that's why I would never buy / develop for whatever platform *"
Funny, when I hear talk of a hardware / software purchase, it's generally in terms of performance per £.
From the tone of the comments I guess I must have found the home of an exclusive group of open source developers, who'd quickly show a middle finger when Darth Ellision comes knocking with his billions to buy you out, or Random Corp. comes asking for a support contract.
Perhaps you build your own computers. What processors are you using? If your attitude was genuine, you wouldn't own a calculator, let alone a pc.
Wake up and smell the shit you're knee deep in.
Paris, because with her hardware, you can claim any opinion and still deserve a free service contract.
Erm, so they have in fact not litigated against this app for over 5 years? Would anybody be surprised that in the next iteration of apple (with a little a) there will be some sort of data recovery tool?
I the whole Jobs is a twat (and he is), we are missint the fact that while mac hardware is no more magical then anybody elses the reason we choose (and yes i am a mac user) is because they work in way that is right for us, and the reason this happens is because Jobs is a twat and a control freak.
Sheesh, what a f*&kwad. Will he be providing the funds to execute the "little deal" of changing the name?
Let's see him live without third party apps altogether, as his attitude inspires absolutely no one. Does Jobs even realize how much a comment like that pisses in his own drink? I can just imagine starting a software company developing software for Macs, where I would have to explain away comments and attitudes like that presented by Apple(Jobs) to potential investors.
F^#k Apple.
Why do I keep thinking that this is like the Life of Brian blessed are the cheese makers!
If god really did send this commandment from the holy temple then there is only one thing for a true believer to do.......OBEY.
iPodRip is so 2004, god is right get yourself an app with more pizazz.
iPodRip is the sort of name you write on a grave stone.
Try thinking up a name that we can all relate to when your iPod/iMac goes wrong.
How about iStuffed
I don't see what all the fuss is about. If John Devor's app is really aimed at iPod data recovery then surely there are better names then one that contains the word RIP and implies more illegal activities like a bunch of kids at school using his app to swap music like we used to swap Panini football cards back in the day.
I think if John was honest he would admit that his choice of name for his app is to increase his target audience beyond that of people wishing to recover data from their broken iPods.
As for Job's reply being short and to the point, lets not forget that this is a legal case and he was lucky to get any sort of reply at all.
iPodRip—now named "iRip"; guess Jobs was right, who knew?—sells for $19.95.
The site claims over 5 million downloads.
It would appear Mr. Devor got his free publicity. Job(s) done!
(PS: To all those saying it's Jobs' fault: do go read up on how businesses work. Here's a hint: don't confuse them with charities. Jobs is a hard-nosed, ruthless businessman with a knack for salesmanship and an eye for design. Nobody has ever claimed he was a nice guy. Nice guys don't get hired by shareholders to run global corporations that still manage to turn a profit even during a major global recession.)
John Denvor, for all his flowery words is asking SJ if he will make an exception in this case and let iPodRip off the hook. SJ - in a terse way - is saying no, because to make an exception for one, sets a precedent for all. That's exactly what JD should have expected.
(Sent from my iPhone)
Change the name to iBidiot. Firefox changed its name once upon a time as have numerous others; sometimes it best to just go with flow and leave sleeping dragons alone.
SJ is in reality a corporate stooge and that's just the way the business works. If you don't want to play his corporate game then go find another and quit you low-down whining. Or whinging as the case may be.
MDeath as that is when it's used and Jobs hasn't trademarked the letter M yet, has he?
Does show him up for the heartless greedy bastard he is though.
As for choice of platform/device I choose whatever does whatever job best.
I own an iPod Nano and have purchased some tracks from iTunes because it connects to my stereo and Apple had the tracks I wanted.
I use a dual boot XP/Ubuntu system because stuff I run needs Windows and I like to tinker with Ubuntu.
I own a Nokia 6700 because I'm not a sheep.
This is coming from a man who has just received someone else's liver, talking to a loyal stockholder, customer and somebody that has contributed in perhaps even an indirect way to his own personal wealth.... You'd have thought he would have learned some gratitude by now, instead of making this demand.
What he should have wrote was this:
'Obviously I had no idea of the predicament our legal team had put you in. I understand your situation and will make sure that the case gets dropped immediately. Yours kindly, Steve Jobs'
He needs to change his product's name, perhaps to iBackup myPodRip or something like that.
Then, he can (and should) send an email to his 6 million customers (who are also Apple customers) explaining the name change. That will cost Apple a huge amount in bad PR and customer goodwill, not measurable though.
Apple has a problem - even a good product which rips of their trademark will weaken or invalidate their trademark. They have to defend their product's name like this.
"Go ahead. Use my trademark for your software."?
Commentators who are slating Jobs need to remember that he doesn't owe this small software author dick. He also knows that changing the name of a shareware app really is no big deal. It's not like shrinkwrap software where you have production and marketing costs.
Apple's lawyers are presumably on a *salary*; it doesn't cost the company a damned penny extra to dig out the usual "Stop using our IP" template, fill in the blanks and send it off.
Case law, however, makes it pretty damned clear what *might* happen to your trademarks and other IP if you don't protect it. So: they can do nothing and potentially lose a lot of money later on, or they can do *something*—at no cost to Apple—and not take the risk.
Surely the point isn't that you can't use Apples trademarks without a licence, which they wont provide.. but that Steve answered personally and made himself look like a dick.
This isn't some mate he has texted from the pub, it's not a Twitter-alike service with a limit on character length and it should (clearly) have been left to the lawyers.
iPodRip >> iPodrip
the capitalisation diferentiates the words iPod and Rip - iPod is a trademark hance construed as an infringement (tenious assertaion that may not stand up anyway!)
Once it becomes iPodrip there is no capitalisation differentiation hence no word seperation, it is one word with no trademark infringement. unless you want to argue that 'i Po drip' is some kind of infringememnt which it isn't!
"This is very unacceptable behavior for a CEO. First he used an informal style in a business reply, Second he didn't even put forth an argument or any reasoning AT ALL (just like his followers), and he sent it from his PHONE, something that should only be done when an urgent message needs to be sent and are away from a computer, and should never be done to a customer."
Where do you work? IME this is precisely how all CEOs communicate with anyone they don't need a favour from.
The style is not "informal" it is "excessively terse and commanding".
"Arguments" are only made by people who need favours.
I have had inboxes full of messages like this.
Anyway, this guy is not a "customer". He's a developer who decided to bitch right at the celebrity CEO of Apple. What did he expect in return for circumventing Apple's developer support system? A gold-plated iPod?
Don't forget, CEO's believe the sun shines out of their posteriors, and having worked under and having contact with one or two, and being ripped out when I treat them like any other mortal, not like the apparent deity they believe they are, makes me more than cynical of them.
At the end of the day, yes you may be a CEO, you may earn more a week than I do a year, but a little courtesy doesn't cost you anything, and being an asshole doesn't endear you to people. Just because you may not NEED someone then and there, doesn't give you a right to treat them like a stain on the floor.
I am impressed he sent a message this blunt to one of the application developers, until I remember he's a CEO, an APPLE CEO, and I'd bet an asshole if I ever met them.
I'll stick with the little guys, the ones who contain humanity still, thanks muchly. People like the small businesses and the CEO's who actually are willing to deal with customers face to face, and apologise when they screw up, or give you a honest, and at least professional, response to matters. The only time I'd expect a message like that would be from a freind or a company I have a good working relationship with.
But hey, maybe I'm just dissillusioned, but I'm happy with the smaller businesses I deal with, and happy to give them my money Vs some soulless Megacorp, and would trade with a smaller business as a preference. Sure, they have to get stock from bigger people than them, but at least the small people WANT your custom, unlike APPLE who don't seem to give a crap.
The Register 
Biting the hand that feeds IT
Copyright. All rights reserved © 1998–2024
