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But if the phone is being release in two months, how much damage can be claimed for that short period of time.

If it means that knockoffs and imitations can be on the market when the 4G is released, as opposed to, say, September? An immense amount. Theoretically. Translating that to an award of damages seems to be a widely varying proposition between different courts (and, obviously, different sets of facts).
 
For a company that leaves no stone unturned in ensuring even the barcodes look beautiful and modern, it seems odd that Apple's counsel is writing on c. 1999 letterhead.

Notice the purple 'five flavor' iMac-era logotype and the Apple Garamond for the address block. These were replaced by monochrome logos and Apple Myriad years ago.

So, is the letter just on very old letterhead, or is it fake?

Do you really think anyone on a rumour site can answer that question? Best to ask Apple or Gizmodo.
 
But if the phone is being release in two months, how much damage can be claimed for that short period of time.

If Apple holds true to form, late (ie, end of) June at the earliest - so more than 2 months - giving competitors/marketers a 2 month head start. That's huge - as in megabucks. My guess is that Apple legal is earning their retainer fee right now, figuring out what they're gonna do and who they're going to do it to.
 
my question is, can apple blacklist gizmodo from all of their keynote events, etc..., and simply not invite them to WWDC?
 
For a company that leaves no stone unturned in ensuring even the barcodes look beautiful and modern, it seems odd that Apple's counsel is writing on c. 1999 letterhead.

The text says - "via email."
So either they send PDF letters by email.
Or Gizmodo sexed-up an email with a bit of letterhead photoshoppery.

C.
 
Gizmodo bought stolen goods and then intentionally disclosed obvious secrets all for financial gain. Does the crime of purchasing stolen goods and then commercializing the information gained amount to a violation of Apples Intellectual property rights?
 
Gizmodo bought stolen goods and then intentionally disclosed obvious secrets all for financial gain. Does the crime of purchasing stolen goods and then commercializing the information gained amount to a violation of Apples Intellectual property rights?

Well, I guess so, therefore Gizmodo should be slightly worried. However, the likelihood of this being a controlled leak is high, and even if it's not, I'm sure Apple will be fine with the publicity gain that they got. They even made it onto the TV news! :D

But yeah. They know whether they need to be worried or not. We however don't. Because they know whether it's real or a leak.
 
We can't know that - that would be confidential information. But the onus here is on you, and unless you have hard data to say otherwise you cannot state anything about a release date.

We can go by trend and 'assume' (yeah, I know) that late June / early July was their target... so it will coincide with the end of contracts for people who bought the 3G two years ago and keep them from shopping Android, et al.

It could be that this 'leak' could push the date as Apple may need to scramble to re-design some elements. No doubt, the leaks of case designs will start surfacing a few weeks beforehand.
 
Well, I guess so, therefore Gizmodo should be slightly worried. However, the likelihood of this being a controlled leak is high, and even if it's not, I'm sure Apple will be fine with the publicity gain that they got. They even made it onto the TV news! :D

But yeah. They know whether they need to be worried or not. We however don't. Because they know whether it's real or a leak.

I don't believe this is a leak for several reasons. The biggest reason is the scrutiny they would be under by the SEC. This could be seen as stock manipulation (whether or not successful). This would be a dangerous move (legally) for Apple.
 
Not sure if it has been mentioned.

If Apple does sue, they will probably wait until after the launch, if it is relatively soon. A lawsuit will bring more publicity, and why waste it when you aren't ready to show it off.

The real ******** move (or brilliant) was to get Apple to admit it was Apple's so they can publish the confirmation. If I was Apple I would sue for no other reason.
 
Not sure if it has been mentioned.

If Apple does sue, they will probably wait until after the launch, if it is relatively soon. A lawsuit will bring more publicity, and why waste it when you aren't ready to show it off.

The real ******** move (or brilliant) was to get Apple to admit it was Apple's so they can publish the confirmation. If I was Apple I would sue for no other reason.

Apple must protect their brand, their intellectual property, etc. Plus, they have a responsibility to their shareholders.

My guess is that their legal department is calculating the damages and what they will claim. I would frankly be surprised if there are not criminal charges filed with the DA in both California and NY. Possibly federal since the item crossed state lines.

No matter how this goes, more free press for Apple won't hurt the brand, IMO.
 
I really believe ths was a controlled ploy by apple to keep peoplr from buying other better phones out there...
kind of a teaser for things to come..
 
To those who think that this is a controlled leak - how do you think the SEC sees this, will they pursue if they think Apple are doing something naughty?
 
Yet another clever leak from Apple, first class marketing :)

I sincerely doubt this. I think the only reason there has not yet been a cease and desist on any postings about it is to see how much farther Gizmodo can shove their foot, leg and hip into their mouths legally. The more they post about it, the more details they provide the Apple legal team.
 
It sounds to me like they are bitter over not getting an iPad to review and are trying to make this sound as embarrassing as possible for Apple...but are mostly making themselves look like jerks.

Gizmodo wrote a very positive iPad review!

Either they are very certain of their legal position.
Or they are complete jerks.
Or they have indeed done some unofficial deal with Apple.

It's all very exciting!

C.
 
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