Apple Sends a NastyGram

Posted August 30 | 81 comments

We just got an email from Apple regarding a YouTube video reposted on CrunchGear:

VIA E-MAIL

NOT FOR POSTING

Re: Apple Computer Copyrighted Material Illegally Disseminated by Crunchgear.com

To Whom It May Concern:
We represent Apple Computer, Inc. (”Apple”). It has come to our attention that your website, at http://crunchgear.com/2006/08/28/how-expose-works-with-spaces-in-mac-os-x-leopard/, is posting a video demonstrating certain features of Apple’s new operating system, Mac OS X 10.5 (aka “Leopard”). While we appreciate your interest in Leopard, it has not yet been released to the public. The software demonstrated in the video must therefore be running on a pre-release developer’s build of OS X 10.5. All such builds have been distributed to developers under strict terms of confidentiality that prohibit the dissemination of screenshots or other displays of the software. The builds are also copyrighted by Apple, and U.S. copyright law explicitly prohibits unauthorized displays of copyrighted works.

Apple therefore requests that you remove this video from your website and take steps to prevent any further distribution of videos or screenshots of Apple software without Apple’s authorization. If you are represented by counsel, please provide me with the identity of that counsel.

Thank you in advance for your cooperation,

/s/ Ian Ramage

Ian Ramage
O’Melveny & Myers LLP
Embarcadero Center West
275 Battery Street, Suite 2600
San Francisco, CA 94111
(415) 984-xxxx (direct)
(415) 984-xxxx (fax)
xxxx@omm.com

DMCA Certification: I hereby state, under penalty of perjury, that I have a good faith belief that your activities are not authorized by Apple, that the information in this notification is accurate, and that I am authorized to act on behalf of Apple in this regard.

This message and any attached documents contain information from the law firm of O’Melveny & Myers LLP that may be confidential and/or privileged. If you are not the intended recipient, you may not read, copy, distribute, or use this information. If you have received this transmission in error, please notify the sender immediately by reply e-mail and then delete this message.

Ian, it a YouTube video. That’s at www.youtube.com. Get them to take it down if it’s a violation of your IP and it will stop showing at crunchgear and the other sites.

And Ian, when you are done, please take the time to send your client, Apple, a similar email for posting basically the same material on their own site.