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Apple's TV set top and its iTunes store are targets for artists

Apple may be in trouble with its Apple TV set top player and the iTunes store. Two lawsuits filed this week claim that Apple knowingly infringed on copyrights, one of which belongs to a Louis Psihoyos, an artistic photographer. The second suit is a civil complaint that claims Apple and pop star Avril Lavigne knowingly infringed on a song written in 1979.

One of the Apple TV's well known advertisements uses a visual representation of a "video wall," consisting of many small videos playing at once with an Apple TV box in the middle. According to the lawsuit which was filed in Boulder, Colorado, the similarity between Apple's video wall and Psihoyos’ photo is too close to be merely coincidence. In fact, Apple and Psihoyos had been in negotiations over the use of his photo or concept.

Unfortunately for Psihoyos, Apple never reached an agreement with him. Instead of developing another concept for its advertisements, the complaint noted that Apple went ahead and used Psihoyos' material anyway. Psihoyos' attorney Richard Kaudy wrote in the complaint that Apple knowingly ignored Psihoyos' "rights and feelings" and any profits that Apple generated from Psihoyos' work were kept for itself.

A separate civil complaint charges that Apple's iTunes music store is an acting catalyst for music infringement. According to the suit, Avril Lavigne's hit single "Girlfriend" is based on another song from the 1970's called "I Wanna Be Your Boyfriend" by James Gangwer and Tommy Dunbar. According to plaintiffs Gangwer and Dunbar, any company that sells and publishes Lavigne's song is infringing on their original work.



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rehaul
By Zelvek on 7/5/2007 8:29:58 PM , Rating: 2
One thing we need to take into account is that when trying to create something new it is very easy to subconsciously mimic something that is similar to what we want to create. One might have seen the original years ago and totally forgotten about it. Another thing that we need to consider is the idea of archetypes it is entirely possible that two people with no form of interaction could create almost identical things. I'm not saying that apple didn't steal (I'm actually a bit of an apple hater). What I am saying is that US (and other nations) I.P.laws are very dated. I.P. laws need major revisions based not only on our new technology but on our more advanced understanding of the human mind too.




RE: rehaul
By kenji4life on 7/5/2007 8:40:46 PM , Rating: 2
That may be true, however it's the responsibility of the record company to make sure that the content is original. Just like it's the responsibility of a publisher to make sure a book isn't plagiarized.


"If they're going to pirate somebody, we want it to be us rather than somebody else." -- Microsoft Business Group President Jeff Raikes











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