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The Register fighting Apple takedown notice

by Mike Schramm Aug 27th 2009 at 6:45PM

'Twas the night before Snow Leopard, and all through the 'net, Apple was sending takedowns for previews of software that technically wasn't out yet... Snow Leopard is almost out, but "almost" isn't quite good enough for Apple. Apparently they sent a last-minute takedown notice to The Register for posting their Snow Leopard preview a little early, and The Register is declining to do anything about it.

Similar previews have appeared around the 'net (our friends at Engadget have published their own review), and while Apple claims that images and descriptions in the post are still confidential, The Register disagrees, saying that many features of Snow Leopard were seen and known way before this week.

So. Will Apple be angry? Will The Register be locked out of any future events (actually, we can identify with that one, given our metaliveblogging chops here on TUAW)? Will they care? It does seem a bit strange that Apple has targeted them with a takedown -- we doubt, as The Register suspects, that Walt Mossberg will be getting any takedown notices. Then again, maybe Apple was just trying (or their lawyers were just aiming for some extra legal fees), and they won't bother enforcing what seems like a shaky case anyway.

Most likely Apple will pass. We'll probably hear them exclaim, however, though it may be less staunch: Merry updates to all, and to all a good launch!

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'Twas the night before Snow Leopard, and all through the 'net, Apple was sending takedowns for previews of software that technically wasn't...
 

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artifex

Pogue and Snell had previews/reviews out a couple of days ago.
You know Apple won't say anything to *them*

August 28 2009 at 5:05 PM Report abuse rate up rate down Reply
tyr.goossens

"I've been using a release candidate cut of the OS [...] I can't promise you that this is the final version, although some web forum posters have suggested that it is."

In other words just before the release they printed a review based on an RC, probably torrented. Apple doesn't want customers basing their opinion on a release of unknown origin do they ?

August 28 2009 at 9:42 AM Report abuse rate up rate down Reply
1 reply to tyr.goossens's comment
jbrown510

No, that's probably not what they want, but when it comes to reprting I don't really care what they want

The register (disclaimer. I haven't seen the review, just the quotes here) seems to of clear stated they were reviewing a release canidate, good for them for Clearly stathnx their source and doing some actual journalism rather than regurgitating press releases.

August 28 2009 at 10:32 AM Report abuse rate up rate down Reply
xbit

"Will The Register be locked out of any future events (actually, we can identify with that one, given our metaliveblogging chops here on TUAW)?"

I was under the impression that The Register are *already* locked out of Apple events. They got banned long ago, before Apple's current golden era, and the ban was never lifted.

August 28 2009 at 9:12 AM Report abuse rate up rate down Reply
1 reply to xbit's comment
Tony Smith

Yup, we've been banned from events by Apple for years, both in the US and here in the UK. We are never sent review kit - no loss, we have our ways around this - and requests for comment are never answered, even when the only likely answer is 'no comment'.

Apple likes to manage the media. If the media is happy to be managed, it gets on the guest list; if not, you become persona non grata at Cupertino.

Tony Smith,
Editor,
Register Hardware
www.reghardware.co.uk

August 28 2009 at 9:36 AM Report abuse rate up rate down Reply
mech

I guess Apple isn't smart enough to implement an "IP blocker"

:p

August 27 2009 at 11:23 PM Report abuse rate up rate down Reply
Buran

I don't get why Apple is threatening the Register with the DMCA. Why does it think a company that's not in the US is subject to US law? Sorry, Apple -- you can't threaten another country with US laws. Threaten them with the California Civil Code all you want -- California is a big state, but it doesn't contain the UK!

August 27 2009 at 10:29 PM Report abuse rate up rate down Reply
1 reply to Buran's comment
artifex

"I don't get why Apple is threatening the Register with the DMCA. Why does it think a company that's not in the US is subject to US law?"

My traceroute to the reghardware website goes to a Rackspace server in Dallas, TX.

US server = US laws apply.

August 28 2009 at 8:43 PM Report abuse rate up rate down Reply
gavinovz

I think the The Register has the upper hand against Apple. Apple publicly announced many of the new features of Snow Leopard at WWDC this Summer. There isn't much people don't already know about the OS to keep secret.

August 27 2009 at 8:39 PM Report abuse rate up rate down Reply
Pete

C'mon, Apple has to legally defend it's IP. You would too if it was your company. Get over it. Every company does this. More Apple is evil BS.

August 27 2009 at 8:12 PM Report abuse rate up rate down Reply
2 replies to Pete's comment
ernie.

I understand defending your IP. but The Register wasn't the only Snow Leopard preview out there! Also there was ONE day till launch! Is MSFT or and other company gonna take The Register's review and copy all the features to make a new OS!?

August 27 2009 at 8:15 PM Report abuse rate up rate down Reply
sepirioth

yeah they are protecting their IP but why wait till the day before its out? by the time they can actually do anything about it legally it'll be out to the public so... too bad this time apple? :)

August 27 2009 at 9:23 PM Report abuse rate up rate down Reply
HD

What a bunch of babies. I love Apple products, but am growing weary of all the megalomania when Apple's getting FREE ADVERTISING from thousands of loyal followers who happened to love the products Apple pumps out.

August 27 2009 at 7:50 PM Report abuse rate up rate down Reply
ernie.

Will The Register be locked out of any future events (actually, we can identify with that one, given our metaliveblogging chops here on TUAW)?

What does that mean? Were you guys blocked out of Apple events?

August 27 2009 at 7:09 PM Report abuse rate up rate down Reply
4 replies to ernie.'s comment
dagamer43

Probably just legal saber rattling. The law is pretty clear that if you don't try to defend your IP, it's the same as giving them permission.

Just as Kleenex.

August 27 2009 at 7:06 PM Report abuse rate up rate down Reply
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