Torrent(ial) Tiger
Posted February 22nd, 2005 @ 09:00am by Erik J. Barzeski
Drunkenblog follows up with a bunch of quotes from folks with a Mac software gig regarding those kids who pirated Tiger. Slashdot links and comments, as it always does.
It's shocking to read some of the viewpoints. Most seem to say something like "yeah, Apple has a right to sue, but should they sue so aggressively?" Many liken the situation to "making an example" of the kids. IANAL either, but it's my understanding that unless Apple protects their rights, those rights are weakened. In other words, if Apple were merely to ask for a $500 fine instead of whatever they're suing for (which, as it turns out, nobody really knows), then that would set a precedent for future rules-breakers: pay a $500 fine and off you go.
I wrote about the kids before, and it's interesting at least to compare what some software folks have to say over the general Mac-using population (as commented in the first article).
I'll also note that Apple hasn't really done anything on the lawsuit in some time. Perhaps they are simply "scaring" the kids and "sending a message." Maybe they'll drop it and settle out of court a day before the court date. How much of a "scare" would it be, how big a "message," if the day after suing, they drop the suit? As it stands right now, Apple hasn't taken anything from the kids - scared 'em and shamed 'em a little/lot - but has not "financially ruined" them in any way.
Besides, who's to say the kid didn't leak it to 5,000 people instead of the 5 he says he did? I personally don't care to make too many judgments about things after hearing only one side of the story.
Donate Life
Posted 22 Feb 2005 at 10:56am #
Can You Hear That?
It\'s the World\'s Tiniest Violin, playing for Desicanuk and Nessence
It\'s the World\'s Tiniest Violin playing for Desica...
Posted 22 Feb 2005 at 5:24pm #
Heh...I read some of the comments, including Woz's absolutely inane one talking about how "honest" this kid is...WTF Woz, feeling a little sweaty about your own ilicit past?
Friggin' idiocy...my comments in there, and lo, as SOON as someone (me) got off the "poor baby, evil apple" train, a bunch of posts pointing out that the little jerks were doing all kinds of stuff that was WRONG and probably *illegal* show up. Christ, that's what courts are for...to settle these kinds of points. What I love is that it's not even a matter of guilt, but whether Apple has any rights to confidential info at all.
Can you IMAGINE what the Dev program will become if Apple gets told "Gee, sorry about the NDA, but once it's on some kid's website, tough titties, they can ignore any cease and desist unless you can prove sans subpeonas that they stole that info"?
you think Windows XP registration sucks...christ...little bastards better not start whining about it near me, I'll rip them a new one they won't forget...military - style...if they aren't crying when I'm done, It'll be because I'm hungover.
Posted 23 Feb 2005 at 6:39am #
You can't have wistles, bells and lights everywhere in the net and then tell kids not to go for it. Sorry.
Apple intentionally leaks software (developers), those it can't get to shut their mouth, and once those things flota around, its up to torrents or servers.
I would set up a feedback page that also those people can use, and try to get some (argueably more or less..) valuable feedback on it.
But thats the same idiology as with the "piracy" of hollywood propaganda... either you make all evil that exploit your "holes" or you could try to adapt to the new situation. Fat men with fat pockets not wanting to loos their fat.
sorry for the language but I have seen enough talks about it
Posted 23 Feb 2005 at 2:14pm #
If by leak you mean "Requires the signing of NDAs with all the Very Bad Warnings and Dire Consequences of breaking the NDA" then yes, they "leak"
No, they don't. They don't leak at all.
As well, it's really simple...this is kindergarten shit...is it yours? no? then STOP MESSING WITH IT!!!! jesus, I learned this at what, 6?
Sorry, but yes, I CAN have NDA'd stuff and expect kids to keep their damned hands off it, and if they can't, then they can just shut the hell up and pay the consequences. It's called "personal responsibility".
john
Posted 23 Feb 2005 at 3:32pm #
One detail I hadn't noticed on first reading is how the kids got Tiger in the first place.
Seems they didn't sign any NDA about the betas at all. One of them signed up for the standard no-cost online membership. Then some unnamed developer transferred them a seed key; something expressly forbidden by Apple - this is allowed only in-house or for contractors who already have signed an equivalent NDA, as far as I know.
So their claim of not having seen or signed any NDA seems to be true. That said, posting it as a torrent was extreme cluelessness on their part. But that other developer clearly was a major culprit in the matter.
Posted 23 Feb 2005 at 3:42pm #
That's where you sign the beta. It's part of the terms of the agreement.
Posted 23 Feb 2005 at 8:12pm #
that's why Apple doesn't allow minors in the program
Posted 24 Feb 2005 at 8:33am #
Well, it's been quite a while since I signed up, but I remember signing a separate NDA, on paper, for the seeding program. Still, you're right, the standard terms and conditions mention pre-release software too.