cease and desist
Latest
UC Santa Barbara sues Amazon and IKEA over LED lighting
UC Santa Barbara has had enough of retailers selling its patented LED light bulb technology without authorization. This week, the university filed a lawsuit charging Amazon, IKEA, Walmart, Target and Bed Bath & Beyond with infringing its patents. According to Nixon Peabody, the law firm representing UC Santa Barbara, this is the "first-of-its-kind direct patent enforcement campaign against an entire industry."
CCP slays Vampire: The Masquerade Bloodlines remake
CCP Games has halted a fan-developed remake of the classic PC RPG Vampire: The Masquerade - Bloodlines, requesting an end to development and the removal of assets taken from the original game via an e-mailed cease and desist order. The remake, codenamed Project Vaulderie, was to recreate Bloodlines in the Unity engine, patching up lingering issues from the original release and adding a multiplayer component. Bloodlines was originally rushed to retail in a notoriously buggy state in 2004 after an extended development period, and an active modding community worked to improve the game in the years afterward. "We're very sad to report that we received a Cease & Desist e-mail from CCP Games, asking us to cease game development, remove any materials that might contain Vampire The Masquerade: Bloodlines, names, locations or related elements from the sites we control, and cease any further use of Vampire the Masquerade: Bloodlines property, and in a disappointment shared among our team we are complying with that request," Project Vaulderie's team lead said in a recent blog post. The post continues: "We are avidly seeking a resolute course to continue working on a future game, but we cannot at this time discuss this publicly and with that I urge you to please be patient and hopeful that we will find a way." [Image: CCP Games]
Pennsylvania is the latest state to go after Uber and Lyft
It's no secret that some places, whether it be in the US or other parts of the world, are not in approval of the way ridesharing companies like Uber and Lyft operate. And, starting today, we can add Pittsburgh to the list of cities where these app-based car services can't do business legally, at least not for the time being. The news comes after two local judges have granted the Pennsylvania Public Utility's petition to issue cease-and-desist orders to them. As the Pittsburgh Business Times notes, Uber and Lyft won't be free to continue offering their service "until they secure the appropriate authority" from the PUC.
Verizon slaps Netflix with cease and desist letter over error message (Update: Netflix responds!)
In this digital age, it can be nice to receive a letter. Not so much if you're Netflix, and the letter is a cease and desist from an angry Verizon. The contents of said letter are in relation to claims from Netflix (as published on Quartz) that error messages some customers on Verizon were receiving were due to their ISP, and not its own infrastructure. The actual error read "The Verizon network is crowded right now." Verizon on the other hand claims there's "no basis" for the movie streaming service to assert that the errors are coming from its end, but stops short of suggesting it's actually Netflix that's at fault. Barely a month after that deal for direct access, and already the relationship seems to be turning sour.
The TUAW Daily Update Podcast for May 13, 2014
It's the TUAW Daily Update, your source for Apple news in a convenient audio format. You'll get some the top Apple stories of the day in three to five minutes for a quick review of what's happening in the Apple world. You can listen to today's Apple stories by clicking the player at the top of the page. The Daily Update has been moved to a new podcast host in the past few days. Current listeners should delete the old podcast subscription and subscribe to the new feed in the iTunes Store here.
Mojang hit with cease-and-desist order from minigolf mogul Putt-Putt
Minecraft creator Mojang has been accused of trademark infringement by miniature golf franchise operator Putt-Putt over the use of the Putt-Putt name in user-created Minecraft worlds. Game creator Markus Persson disclosed the details of the accusation, dismissing Putt-Putt's claim as the company "being silly." The legal notice's whimsical letterhead ("Let the FUN begin!") belies the seriousness of the claim, which alleges that "Mojang AB's use of the Putt-Putt name has benefited Mojang AB to the detriment of Putt-Putt." Putt-Putt further demands that Mojang "immediately refrain from all use of the Putt-Putt trademark in connection with [Mojang's] business." Putt-Putt's claim is accompanied by a single screenshot of Google search results featuring user-created "Putt-Putt" worlds within Minecraft. Responding to Eurogamer's request for comment, Mojang's lawyer Alex Chapman issued the following statement: "I think there is clearly a misunderstanding here as to what Minecraft actually is. It's a game that, amongst other things, allows people to build things. Mojang doesn't control what users build and Mojang doesn't control the content of the videos users make. Suing Mojang for what people do using Minecraft is like suing Microsoft for what people do using Word."
Unlicensed My Little Pony fighter shut down by Hasbro
Indie developer/non-profit brony collective Mane6, the folks responsible for the unofficial My Little Pony fighting game MLP: Fighting is Magic, have received a cease and desist order from Hasbro Inc., according to its official blog. As a result, all Fighting is Magic related material has been stripped from Mane6's official YouTube channel and other online media portals."We have attempted negotiating with Hasbro for the continued use of the property in our non-profit, voluntary project, but so far we haven't received an answer," the update reads. "As such, we're complying with the contents of the C&D letter until we receive answer from their PR and/or Legal departments."Whether development on the title continues behind the scenes remains uncertain. MLP: Fighting is Magic was one of the many games under consideration for this year's EVO 2013 Championship Series, with its community raising a total of $5,280 during the tournament's breast cancer research charity drive competition.[Thanks, Aries!]
My Little Pony Online put out to pasture
OK, so maybe the game wasn't really too old (it had only been live for a month), but Hasbro's cease-and-desist order definitely sent My Little Pony Online into retirement. Of course, this action came as no surprise; back when we first reported on the project, we noted that legal troubles were likely, as the endeavor was not backed by the official copyright holder of the popular ponies. But all is not lost for fans who want to continue their adventures with ponies -- it just won't be My Little ones. In the same announcement where they revealed the demise of the game (while deflecting blame away from Hasbro), MLP:O creators divulged that they are sticking together and are all set to work on another pony-inspired project. Under the name Starlight Studios, the group hopes to have the new project ready in time for Bronycon 2013.
Bluetooth dock adapter Pear disappears from Kickstarter, founders promise return under new name
You might remember Pear, a recent Insert Coin debutant that connects your favorite iDevice dock to (almost) any Bluetooth-connected smartphone. However, you probably didn't notice its swift disappearance from Kickstarter just before the weekend. The people behind the project have contacted us, explaining that the crowdfunding site was hit with a cease and desist order for the dock converter, centering around a "trademark infringement issue." With its funding page down, Pear says it had no way to tell its supporters that product development would continue, albeit under a new name. Anyone that funded the project is advised to register at the source link below to keep up-to-date. The founders aim to return to Kickstarter in around 3-6 weeks, with several as-yet unannounced enhancements coming alongside a new logo and moniker -- something that it's going to task its backers with deciding.
Activision sends cease-and-desist to Skylanders hacker
The very first time we saw Activision's Skylanders: Spyro's Adventure figures at a pre-E3 event earlier this year, it seemed only a matter of time before some enterprising enthusiast cracked open both the toy figures and the "portal" base unit, and figured out how they wirelessly connected. Sure enough, a tinkerer named Brandon Wilson recently did just that, and posted his results on his personal website. In return, he got an official cease-and-desist letter from Activision a few days later, telling him to take the findings down immediately. Wilson wrote a response to point out that most of Activision's accusations against him are inaccurate: He was not intending to share his findings with others (only saved them in a .zip file for his own personal use), and has no intention to circumvent the game at all, either by using the Skylanders hardware with an iOS device (since the technology is based on RFID), or by "tricking" the portal into thinking he owns a Skylanders figure when he doesn't. Despite all of that, however, Wilson has agreed to follow the cease-and-desist order. It seems a shame -- some of the most fun hacks have come out of toys both old and new, and if Wilson wants to dissect toys he's purchased for his own enjoyment, that seems reasonable. We've contacted Activision to try and get an official position; it's likely we haven't heard the last of this just yet.
Apple shuts down iPod-themed baby clothes shop
Apple has sent a shut down notice to an online retailer that sold iPod-themed baby clothes. Website ipopmybaby has been selling onesies and other baby clothes adorned with Apple's signature iPod click wheel or the iPhone home screen for the past several years. The clothes are adorable and reasonably priced which has made them a hit for parents of future fanboys (and girls). According to a notice on ipopmybaby's website, Apple has asked them to stop selling the clothes. The website will shut down on December 11 and is selling its remaining inventory at a discounted price. Everything is available on a first come, first serve basis for US$12. Apple fiercely defends its products and isn't afraid of sending cease and desist letters to those who infringe on its trademarks and patents. It pursued Amazon and GetJar over the use of the word App Store and is in a high-profile legal battle with Samsung over its Galaxy devices. [Via PC Advisor]
GetJar responds to Apple's cease and desist over App Store term
It's come out this week that Apple sent a letter last month to mobile application database GetJar asking them to cease and desist using the term "App Store" to describe their mobile app offerings. Apple's been trying to keep the term "App Store" for itself, with varying degrees of success, and this is another push by the Cupertino company to keep other mobile app platforms from confusing the iOS app delivery service with anything else. But GetJar's not budging -- a post on the service's developer blog says Apple can stuff it, more or less. To be fair, the company says it's not really competing with Apple, instead both directing customers to the iOS store, and serving lots of users from other systems and devices. But GetJar also says it's been running since 2005, before the iPhone's release, and it's been using the term "App Store" since 2009, even though Apple has issued the C&D only now. Apple's been unsuccessful in securing a trademark on the "App Store" term, it's lost injunctions against Amazon and Microsoft in the past regarding the term, and GetJar basically says that it won't kowtow to what it calls "bullying" by Apple. GetJar has also started a Facebook group called "The Open and Free App Movement," to better organize developers and application vendors who are "fed up with this crap." Interesting. We'll have to see what response Apple has to all of this. This might not be the fight it wanted to pick.
No comment: Steve Jobs in Carbonite
Did you ever wonder what happens when the reality distortion field meets Star Wars? You get these cool/cheesy/ready-for-cease-and-desist Steve Jobs in Carbonite iPhone skins and cases from Society6. Until the Apple lawyers get ahold of this and breathily note "I am altering our agreement. Pray I don't alter it further," you can order an iPhone skin for just US$15, a stretched canvas art print (which is apparently free if you believe the pricing on the site), or a full iPhone case for $35. Act now and get one of these collectibles before the lawyers strike back! And remember, when you tell Steve that you love him, he's only going to reply "I know."
iHub 2 cease and desist notice issued: We called it
Well, color me unsurprised. Remember the TUAW post from Tuesday about M.I.C Gadget's iHub 2, which is a small 4-port USB hub that features a cool glowing Apple logo? In that post, M.I.C Gadget's iHub 2 looks like Apple lawsuit bait, I conjectured that it wouldn't take too long for Apple's legal team to mail out the cease and desist notice. This morning, we received a number of emails from people who had ordered the iHub 2. The manufacturer has contacted them with the news that Apple has "warned" M.I.C Gadget to stop selling the device: Shocking! Astounding! Completely predictable! My feeling is that "working hard to rectify this" means that "we're trying to send out everything we've sold while making promises to Apple that we'll never make Apple-logoed products again to avoid getting sued." After making the iHub 2 and the Steve Jobs action figure, M.I.C Gadget will probably be the focus of the Eye of Sauron Apple Legal for a long, long time. By the way, the video that accompanied the iHub post has been pulled as well. Thanks to all of the iHub buyers who sent us this tip.
M.I.C Gadget's iHub 2 looks like Apple lawsuit bait
M.I.C Gadget, the same website that brought the world the Steve Jobs action figure that was quickly given a cease and desist notice, is back for more potential legal fun. This time, they've come up with a very cool 4-port USB 2.0 hub. It doesn't matter how many USB ports you have on your Mac -- it always seems like you can use a few more. So the M.I.C Gadget guys decided that a small black or white 4-port hub that features a glowing white Apple logo would be a popular product. They're calling it the iHub 2 (US$9.90), which of course sounds suspiciously close to any number of Apple products. Yep, they're probably right about the iHub being a potentially popular product. Heck, if I could get one before the next cease and desist notice is delivered to M.I.C Gadget, I'd probably buy one. However, Apple's lawyers have probably already downloaded the legal boilerplate for their C&D notice and are feverishly filling it out at this point. Considering that the Apple logo is one of the most recognizable trademarks in the world, and the company protects its trademarks with the same enthusiasm as a mother grizzly bear protecting her cubs, the iHub will be shut down faster than the Steve Jobs action figure was. This product supersedes the previous iHub, which apparently didn't catch Apple's attention. That was most likely before they made the Steve Jobs mini-me. M.I.C Gadget has even made a nice promo video, which you can watch on the next page. Enjoy it while it lasts. [via 9to5Mac]
Apple spanks adult "app store" MiKandi with a cease-and-desist
This appears to be Apple's month to legally pursue anyone using the term "app store" to describe a virtual marketplace that sells ... apps. Amazon was the most visible target to receive the wrath of the Cupertino lawyers when it was the recipient of a complaint from Apple about using the trademarked term "App Store" in its new Amazon Appstore. Now Apple has aimed a bit lower, hitting Seattle-based MiKandi.com with a cease-and-desist order. Until this month, the site billed itself as "the world's first adult app store." After being pinged by Apple's lawyers, the site is now described as "the world's first adult app market." That's not much of a change, but hopefully enough to keep Apple appeased until all is sorted out. Microsoft and Apple have also been tussling over Apple's claim to the trademarked term "app store," which the company applied for in 2008. MiKandi is a rather small player in comparison to Amazon and Microsoft, selling adult apps that are turned down by the Apple and Android app markets. The controversial iBoobs app, for example, was banned by both Apple and Google, but is now available from MiKandi. Apple is doing what it should to stake its claim to the trademark for "app store" by aggressively pursuing anyone who uses the term publicly. For MiKandi, an innocent use of the term has turned into a publicity gold mine. GeekWire has a full interview with MiKandi founders Jen McEwen and Jesse Adams discussing the Apple C&D and their plans for the adult app playground. [via Gizmodo]
Unauthorized Sierra adventure games portal Sarien.net ceases upon Activision order
Sarien.net, "the portal that once stood for reliving classic Sierra On-Line adventure games" (for free), has been shut down following a cease-and-desist order issued by IP owner Activision. The site's creator, Mr. Kool (real name!), has posted the letter from Activision's legal counsel on the Sarien homepage. "While we appreciate your dedication to the Sierra classic library and understand that you are a fan of these games, Activision has not authorized the development or distribution of these games via your Website," the order reads. "Accordingly, we must demand that you immediately cease any further distribution or exploitation of the Sierra Games on your Website." Kool launched Sarien way back in April 2009, but it seemingly took this month's implementation of iPhone and iPad browser support (for all of the site's AGI-powered games) for Activision to take notice. "Wait till you see my new World of Warcraft in javascript," Kool quipped in a tweet. "Oh wait, that's Activision too..." [Thanks, Ryan; image source: MobyGames]
Facebook game Blingville gets cease and desist from Zynga
There's an immense power struggle happening right now, in the deep, deep folds of the social gaming universe -- a struggle over ownership of an extremely lucrative word fragment. Zynga recently sent a cease and desist letter to Blingville LLC, the creators of an upcoming Facebook game that shares the name of their company. According to Zynga, the use of "ville" in the game and company's moniker infringes on its own collection of social gaming trademarks. Blingville, not a-feared of Zynga's assumedly massive litigatory army, has filed a letter to the West Virginia U.S. District Court, seeking a declaration from the court that their game doesn't actually infringe on Zynga's trademarks. The studio also hopes to have Zynga foot the bill for any legal fees potentially accrued during a legal battle. We'll keep you updated on how this turns out -- but until it gets settled, we'd suggest developers and city planners alike avoid using the suffix. (Hear that, Louisville? You're officially on notice.)
Eric Ruth's 8-bit DJ Hero remake removed thanks to Universal Music
Here's the absolute dumbest thing you'll read this week: Eric Ruth's totally rad 8-bit de-make of DJ Hero has been removed from his official site following the issuing of a Cease and Desist letter from Universal Music Publishing Group. You can read the somewhat entertaining, genuinely frustrating exchange between Ruth and the Universal representative over on PikiGeek. Hey, man, we totally see where Universal is coming from. We were just about to buy the theme to Ghostbusters on iTunes, but we changed our mind at the last minute -- because we heard half of a mashed-up 8-bit version of the song on a freeware PC game. Eric Ruth contacted us with his comment on the ordeal, explaining that even though he's disappointed, "Between mirroring, uploading, fttps, and torrents, I know that Pixel Force: DJ Hero will live on through the vast reaches of the internet long after Mr Grannis and Universal Music go to bed at night." The legal hurdle didn't seem to break his developmental stride, either -- he added that his next project, Pixel Force: Halo, is well underway, with a trailer planned for later this month and a tentative release window of January 2011. Now, let's just hope this one doesn't have any illicit Ray Parker, Jr. covers.
Motorola clamps down on Droid X's leaked Android 2.2 upgrade with cease and desist scare
Hoping to spoon-feed your Droid X some Froyo before the official OTA rollout? You'd better do it now -- Motorola's sending out cease and desist emails in an attempt to shut the leaked ROM down. We can't say whether it's just red tape or to protect customers from a EVO 4G-like non-final build, but for whatever reason Motorola's director of information security is asking sites like MyDroidWorld to remove the files ASAP. Given the company's recent history with the mod community, however, we imagine there's some sort of walled-garden reason behind it. [Thanks, Dustin D.]
