Apple seeds new Tiger Server software, warns developers
Following the filing of a law suit against three of its former developers for leaking copies of its next-generation operating system, Apple has reportedly released a new pre-release versions of the next version of Mac OS X Server, along with a stern warning to developers.
After filing suit earlier this week against three former developers for allegedly distributing test copies of an unreleased version of its Mac OS X operating system, Apple today released to developers a new pre-release version of Mac OS X "Tiger" Server. According to sources, the build was accompanied by a warning against further confidentiality agreement violations by its developers.
The latest Tiger Server software seed is rumored to be build 8A325 and is said to have been distributed through the company's Apple Developer Connection. Last month it seeded Tiger Server build 8A297 along with a recent build of Mac OS X Tiger client.
Prior to seeding the most recent software builds, Apple reportedly appended to its software distribution pages the following message in bold red typeface:
"PRE-RELEASE SOFTWARE IS APPLE CONFIDENTIAL INFORMATION. YOUR UNAUTHORIZED DISTRIBUTION OF PRE-RELEASE SOFTWARE OR DISCLOSURE OF INFORMATION RELATING TO PRE-RELEASE SOFTWARE (INCLUDING THE POSTING OF SCREEN SHOTS) MAY SUBJECT YOU TO BOTH CIVIL AND CRIMINAL LIABILITY AND RESULT IN IMMEDIATE TERMINATION OF YOUR ADC MEMBERSHIP."
In the civil suit filed yesterday against three of its developers, Apple contends that the defendants released a pre-release version of the Tiger software on a Web site that employs BitTorrent file-sharing technology, which is used to rapidly distribute large files of electronic data, and is also widely used to distribute pirated copies of motion pictures via the Internet.
The suit seeks both an injunction preventing any alleged further distribution from the defendants, as well as damages. "The amount of such damages cannot be determined at this time, but will be proven at trial," the company told the court. "Apple is further entitled to recover from Defendants the gains, profits, and advantages that Defendants obtained as a result of these breaches. Apple is currently unable to ascertain the full extend of these gains, profits, and advantages, but will prove the value thereof at trial."
The company is reportedly seeking a trial by jury.
After filing suit earlier this week against three former developers for allegedly distributing test copies of an unreleased version of its Mac OS X operating system, Apple today released to developers a new pre-release version of Mac OS X "Tiger" Server. According to sources, the build was accompanied by a warning against further confidentiality agreement violations by its developers.
The latest Tiger Server software seed is rumored to be build 8A325 and is said to have been distributed through the company's Apple Developer Connection. Last month it seeded Tiger Server build 8A297 along with a recent build of Mac OS X Tiger client.
Prior to seeding the most recent software builds, Apple reportedly appended to its software distribution pages the following message in bold red typeface:
"PRE-RELEASE SOFTWARE IS APPLE CONFIDENTIAL INFORMATION. YOUR UNAUTHORIZED DISTRIBUTION OF PRE-RELEASE SOFTWARE OR DISCLOSURE OF INFORMATION RELATING TO PRE-RELEASE SOFTWARE (INCLUDING THE POSTING OF SCREEN SHOTS) MAY SUBJECT YOU TO BOTH CIVIL AND CRIMINAL LIABILITY AND RESULT IN IMMEDIATE TERMINATION OF YOUR ADC MEMBERSHIP."
In the civil suit filed yesterday against three of its developers, Apple contends that the defendants released a pre-release version of the Tiger software on a Web site that employs BitTorrent file-sharing technology, which is used to rapidly distribute large files of electronic data, and is also widely used to distribute pirated copies of motion pictures via the Internet.
The suit seeks both an injunction preventing any alleged further distribution from the defendants, as well as damages. "The amount of such damages cannot be determined at this time, but will be proven at trial," the company told the court. "Apple is further entitled to recover from Defendants the gains, profits, and advantages that Defendants obtained as a result of these breaches. Apple is currently unable to ascertain the full extend of these gains, profits, and advantages, but will prove the value thereof at trial."
The company is reportedly seeking a trial by jury.
Comments
Originally posted by talksense101
This is a good move by Apple and it is necessary to prevent OS-X from going down the path of Windows.
How, exactly, does Jobs's paranoia and secrecy keep OS X from going down the path of Winblows? It's not like Winblows is open source. Quite the opposite.
No, this is more Apple legal hardball. Post a screenshot, get sued? Gimme a break.
Originally posted by Qo'noS
No, this is more Apple legal hardball. Post a screenshot, get sued? Gimme a break.
Posting a copy of Tiger on BitTorrent is a maybe just a little bit more serious than posting a screenshot...
Originally posted by CharlesS
Posting a copy of Tiger on BitTorrent is a maybe just a little bit more serious than posting a screenshot...
Uh, what part of
"YOUR UNAUTHORIZED DISTRIBUTION OF PRE-RELEASE SOFTWARE OR DISCLOSURE OF INFORMATION RELATING TO PRE-RELEASE SOFTWARE (INCLUDING THE POSTING OF SCREEN SHOTS)"
did you not understand?
Literacy should be a prerequisite for posting on the forums.
Sheesh.
Originally posted by Qo'noS
Uh, what part of
"YOUR UNAUTHORIZED DISTRIBUTION OF PRE-RELEASE SOFTWARE OR DISCLOSURE OF INFORMATION RELATING TO PRE-RELEASE SOFTWARE (INCLUDING THE POSTING OF SCREEN SHOTS)"
did you not understand?
Literacy should be a prerequisite for posting on the forums.
Sheesh.
Possibly courtesy should also be a prerequisite?
Originally posted by Qo'noS
Literacy should be a prerequisite for posting on the forums.
It should also be a requisite for people failing to read through NDAs before getting a copy of pre-release software.
Features can be pulled from pre-release software and changed according to the wish of the company. Some of these might give the product a competitive advantage when it is released. Is there a reason why Apple should strip naked and not protect their intellectual property?
I do agree they are going a little overboard, but someone put the product on bit torrent first...
Originally posted by fastred
Possibly courtesy should also be a prerequisite?
I reply to courtesy with courtesy.
I reply to discourtesy likewise.
Originally posted by talksense101
It should also be a requisite for people failing to read through NDAs before getting a copy of pre-release software.
It's about proportionality. If you need me to explain that, let me know.
I do agree they are going a little overboard...
Precisely my point.
but someone put the product on bit torrent first...
See reply point 1.
Apple historically has reacted proportionally. They typically send C&D orders as needed to websites (i.e. whoever posted screenshots on a recent Tiger build) for removal of pictures of unreleased products.
Originally posted by Qo'noS
It's about proportionality. If you need me to explain that, let me know.
Oh please do... enlighten us please. We are clearly so ignorant...
I just don´t understand these id... I mean, well, "strange", american laws about "intellectual Property" anyway. To me, this seems more like a perfect law to be exploited, and to make money with.
If I had the money, I´d have a patent on "the technology neccesary to put a picture or structure on someone´s computer, and to call it a "Desktop" or "Wallpaper"".
Fine, my next move would be to sue every OS out there which uses Wallpapers. I´d be rich in no time flat, but the typical developers could not afford to buy my licences, and then...
Feels so good to live in Europe, though I´ll bet they try this, too...
Originally posted by Denmaru
I agree, getting sued for posting a screenshot is the right direction to piss every Mac News Site off... If Apple would sue me for posting a screenshot of an already released product anywhere on the web, I´d return the favor. Reason: The Freedom of speech would be at risk.
Tiger is "an already released product" HOW?
And posting screenshots of not publicly available products has to do with freedom of speech in WHAT way?
Only an unethical prig breaks their contracts and then raises their hands screaming unfair treatment. Spend more time developing software instead of whining how the folks who develop the operating system are supposed to cater to your whims.
Otherwise, please go develop elsewhere.
By the way, when you develop with IBM even for Linux you sign an NDA.
Why? IBM invests billions into the advancement of Linux on its platforms, so even they would run your ass through the courts if you revealed screenshots of custom tools they develop, on Linux, for the enterprise markets.
Originally posted by Qo'noS
It's about proportionality. If you need me to explain that, let me know.
Seems to me they've acted proportionally. I don't see them suing AppleInsider for posting screenshots. I do see them suing people for illegally posting the actual software. Where do you think the line should be drawn?
So, what, did IT Inquirer get special permission from Apple to post their 15-or-so-part series on Tiger, full of screenshots....?
Can't say for sure, since I didn't see the article. But there are lots of revies/series on Tiger. Not all parts of Tiger are NDAd. Apple has a frigging whole part of their website devoted to it. Even AI (I think it was AI) did a whole series on Tiger based on what was publicly announced at the WWDC.
The problem with the leaks is that, when Apple changes the software late, people start bemoaning the missing pieces (Apple could release a kick-ass upgrade, but if they took out some minute feature that was in earlier builds, its all "Gee, its nice, but it what happened to minimize-in-place?").
Originally posted by Chucker
Tiger is "an already released product" HOW?
And posting screenshots of not publicly available products has to do with freedom of speech in WHAT way?
I did not mean "Tiger" - My post was ment exactly as I wrote it.
And BTW, even beyond news reporting and the legalities, these guys were putting files up on Bit Torrent for god's sake. How can anyone make an argument that this is OK? This goes beyond breaking a NDA to serious criminal behavior. This could seriously impact Apple's bottom line. WIll it? Probably not, but you don't take any chances in that department.
On a personal note, I've only broken one NDA, from Macromedia. It was a trivial disclosure of a product weeks away from shipping, but I didn't like the way I felt afterwards. So now, as excited as I am by Tiger, I don't even post screenshots.
Originally posted by Hobbes
So, what, did IT Inquirer get special permission from Apple to post their 15-or-so-part series on Tiger, full of screenshots....?
They probably got permission to use the same ones already published on Apple's Tiger preview website. Unless there were ones there that didn't come from Apple???
Also Apple puts in and pulls out features during these seedings, for example Burnable Folders could be gone from this current build, back in the next and then gone in the final. They really don't want people to get excited over features that they may not be fully finished with.