Typical Apple. "We don't like you, see you in court"
Typical response from a person with no intellectual property to protect.
Typical Apple. "We don't like you, see you in court"
Fail. Godwin's law does not apply to intentionally bringing up Nazis and such in order to invoke it.
The only thing that pissed me off is that he used "LOL"...under the circumstances, I wouldn't.
You can buy parts for you phone. Apple just wants to make sure if it says "Apple" or has their logo, they made it. If it does and they didn't (or they did but it was not released for sale) they will go after the sellers.
.
Tip to kid:
Record the meeting.
Slap his wrist and put some pressure on FOXCON to better control their parts.
The only thing that pissed me off is that he used "LOL"...under the circumstances, I wouldn't.
What is this kid thinking going up against corporate lawyers without any representation? Apple lawyers nonetheless.
Take whatever money you made and hire a lawyer.
Heck, find a lawyer that will do this pro bono. What junior associate would not jump at the opportunity to defend someone against Apple's legal? It's a win-win situation for the junior lawyer.
Hi,
This is Phil. I thought I would try to answer some of the questions you guys might have.
I already surrendered pretty much all the info including sources, email messages, IM chat logs, to all the invoices.
Im surprised at how few of you guys here realise how easy it was to get these white iPhone parts. Its complete bull the kid had a "contact at Foxcon" these parts were all over many Chinese internet sellers.
Just search alibaba.com or madeinchina.com and loads of sellers had the white iPhone "conversion kit" about a month or less after the iPhone 4 was released any of us could have bought those bits (I even considered it for my own phone until I realised obviously these were defected bits)
The parts he sold were either unofficially leaked from Foxcon in which case he bought them from one of the Chinese sellers. For those that dont know these Chinese sellers are kind of like middle men the Western world. They make it look like they have large warehouses and factories and loads of staff working for them...in reality its usually one Chinese guy with no stock. When you order they go down the markets or put an order in with their friend at the factories for the items you want.
The white iPhone bits might not even be from Foxconn, once the original iPhone was released and there was a demand for the white colour loads of factories in China would have been knocking them out - where there is a demand the Chinese will meet it, they couldn't care less about copyright and infringement.
You can buy all host of things with Apples logos branded on them, loads of phone cases with "designed in California" on the back and the Apple logo - very ugly cases as well.
At the end of the day this is a pretty black and white case. Those saying "leave the kid alone" are, quite frankly, wrong. There is no moral grey line here and I say that coming from a background where as a kid I did all kinds of stuff to make money.
Infact I had a friend who also breached copyright and trademark infringement and ended up in jail (selling copied games) he saw a gap in the market and supplied the demand.
The thing is its VERY VERY easy to make money when you sell counterfeit anything. All the hard work was done by the original rights holder. Start selling unbranded stuff and you wont make a penny. The risk is there for anyone to try, the kid tried it, made a bit of cash, got caught. Of course he know he shouldn't have done it.
He's wrong, end of, regardless of age (or intellect) I think we all understand basic copyright infringement from a very early age - certainly before you have the ability to build a website, take orders and produce work on demand.
The reason Apple need to make an example here and im surprised no one has made this clear either. If they dont, it sets an easy to copy precedent in which someone more intelligent than this kid could really go to town with counterfeit and fake Apple products and would always be able to cite this case as a get out clause. They need to make sure someone with more money and less morales doesn't go about doing something similar in a cleverer less traceable way (after all every member of this forum could have bought the same white parts from China and done the same thing) - eventually they'd probably lose but if there is one example of comparable punishment out there which is far too light the lawyers can always argue upon it for years to come...a nightmare for Apple (or any company)
"...I admire him. He filled a gap in the market and gave some people what they wanted."
let's see how many other people, by giving some people what they wanted we have around, these days: too many to count drug cartels trying their best to get everybody's fav pills to 'em, counseling people on how not to pay income tax because these seminars say they don't have to, underage/anyage sex workers shipped in to satisfy the pent up demand of perverted horny types.
that logic of filling the "gap in the market" is really really stupid logic.
somehow, also, his being a teenager makes him immune to the law? so at what age does the law apply? and below that age anything goes? or who decides what should go? readers of macrumors? his parents? people who bought the stuff? a jury?
im a bit older than he is, but i've had to scrap for things. i don't admire or respect his approach, though it's everyone's personal call. it may be a lot of supporters do the same things, only at a more adult level, so in their opinion, it's not only ok, it's admirable.
i think it's hard to run your venture (and i'm a beginner at being an entrepreneur possibly, from people who comment here) if you don't have integrity. in the short run, you can make a killing, and maybe, like madoff even make it in the long run, but there's always the chance the truth comes out.
Should anyone be interviewing and publishing remarks from a minor?
Not so sure about that one.
Apple couldn't release the white iPhone 4 when they said they would, and then a teenager figured out a way around it -- and now they are suing him?
What a joke.
Those of you trying to defend his actions are absolutely ridiculous. It doesn't matter if Apple was able to release a white iPhone. That's completely, 100% irrelevant.
What matters is the trademark infringement and the sale of stolen parts. The kid didn't find "a way around it," rather, he trafficked in stolen goods.
The way some people bend backwards to justify things is absolutely incredible at times.
First of all, how do you know they are stolen goods? Parts like that could easily be made. Read my last post, post #95.
Who cares if the parts weren't up to Apple's standards. What does this have to do with anything? It wasn't Apple selling them -- it was this teenager. People can modify things they buy as they choose. Are you telling me that all of the manufacturers of aftermarket parts for cars should be sued? Aftermarket window tinters should be sued because they didn't go through the dealer? Give me a break.
And how do you know this teenager got a hold of these specific white cases? They are really not that hard to make, as there were tons of them being sold.
shootingrubber said:ucmj22 said:The product is Apples, and it is up to Apple to decide whether or not to release it, not some snot nosed algebra student. The joke is that people dont think this kid should be held accountable. just because he is a teenager doesn't make the crime any less. if some dumbass teenager breaks in to my house and steals my iMac im not going to tussle his hair and say "eh dont worry about it, you're just a teenager."
Are you seriously saying that people cannot modify a product that they bought? Who cares if it's Apple's product. You're telling me that you cannot remove the superdrive in a MacBook pro and replace it with a hard drive or solid state drive because Apple says so?
LowKeyed said:Do you really think Apple didn't have access to the kits this kid was selling? If that was the case why didn't he just sale straight to Apple.
Did it never cross your mind that maybe Apple wan't satisfied with the quality of those parts and that is why they didn't release them and also why they didn't want this guy to. Maybe Apple doesn't want someone else deciding what meets the "Apple Standard".
But then again, maybe your right and this guy figured out how to fix a manufacturing process problem that completely stumped Apple, who happens to hire some of the best people in the world to fix those problems. If that is the case (which i'm sure stranger things have happened) i would expect to hear that Apple has hired him on for a couple 100K a year.
Who cares if the parts weren't up to Apple's standards. What does this have to do with anything? It wasn't Apple selling them -- it was this teenager. People can modify things they buy as they choose. Are you telling me that all of the manufacturers of aftermarket parts for cars should be sued? Aftermarket window tinters should be sued because they didn't go through the dealer? Give me a break.
gnasher729 said:Oh you are so clever. Apple had plenty of white cases that didn't quite work well enough to be sold without hordes of people complaining. This teenager got hold of these white cases and sold them. Everybody who bought them bought something that in Apple's eyes wasn't in saleable quality.
He is of course both.
Again, who cares about what Apple thinks is sale-able quality -- they weren't selling them. And how do you know this teenager got a hold of these specific white cases? They are really not that hard to make, as there were tons of them being sold.
The product is Apples, and it is up to Apple to decide whether or not to release it, not some snot nosed algebra student. The joke is that people dont think this kid should be held accountable. just because he is a teenager doesn't make the crime any less. if some dumbass teenager breaks in to my house and steals my iMac im not going to tussle his hair and say "eh dont worry about it, you're just a teenager."
DeanSolecki said:ucmj22 said:The product is Apples, and it is up to Apple to decide whether or not to release it, not some snot nosed algebra student. The joke is that people dont think this kid should be held accountable. just because he is a teenager doesn't make the crime any less. if some dumbass teenager breaks in to my house and steals my iMac im not going to tussle his hair and say "eh dont worry about it, you're just a teenager."
So every time Apple infringes upon a patent it's like they've robbed the bank where you keep your life savings, right?
What exactly is this analogy supposed to convey; beyond your complete lack of measure?
How is the case with the kid remotely similar to home invasion?
If you were a bit brighter you may have noticed that you're trying to align a white collar crime (patent violations) with a typically blue collar example (armed robbery) because the masses generally hold one in disdain and tolerate the other. You've made a poor go at it, however. It has been fairly broadly reported that he acquired the parts from a "businessman" and there is not yet any evidence that he stole anything.
FWIW, I'd take a handful of petty shoplifters over one Joe Nacchio. Get your head out of your ass.
The product is Apples, and it is up to Apple to decide whether or not to release it, not some snot nosed algebra student.
It has been fairly broadly reported that he acquired the parts from a "businessman" and there is not yet any evidence that he stole anything.
FWIW, I'd take a handful of petty shoplifters over one Joe Nacchio.
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In my attempt to make a quick analogy relating to the absurdity of overlooking anycrime because the perpetrator is merely a "teenager" I have offended some people who believe that white collar crime is ok so let's go more real world. I am a graphic designer (real life) and I have a hard drive connected to my iMac with all of my work on it. Most of it impeccable, if I do say so myself, but some I shelved in it's own folder labeled "not for current use" because I didnt feel the the designs were up to my standards. Now my partner finds this folder and decides they are good enough so he sells them to someone else to use. Now there is someone out there selling a product that says "designed by Myname Here" that is not up to the standard that I have for my brand. Now I'm gettin calls from people asking why there are spelling errors in my files, and why isn't there a PDF version of the logo included with the logo package they bought with my name on it. And so I tell them that those designs were not intended to be sold and I'm sorry that this has happened. In the meantime they have already blogged about my lack of quality and my brand takes a hit. My profits and new clients drop by 60% over the next 18 months. Now what are my options? I can continue without doing anything and hope I bounce back or I can bring criminal charges against my partner and file a lawsuit against the teenager who purchased and resold my designs knowing that they had not purchased licensing right to do so. In doing this I can publicly assure people that the quality of my workmanship has not diminished and the substandard designs sold were not meant for sale.
What? That analogy was long and boring? I should have just cut to the chase with a succinct criminal analogy and gotten on with it? Sorry about that, I didn't want some jagoff lecturing me about the differences between white & blue collar crime
Perfectly stated. But is this not obvious to everyone?
A "businessman" . . . ok. Sounds perfectly legit. LOL
You have a pretty cavalier attitude when it comes to the law.
If the kid did re-sell stolen property, (knowingly or not) he has just as much of a problem.
He'll need to prove these goods were acquired legitimately and that they weren't stolen.
If they were, it will be up to the kid to demonstrate that he didn't know he was receiving stolen goods. He would be expected to cooperate with the police to catch the real thieves (should be really interesting), but as long as he doesn't have a past history of theft he should only get probation.
However, we're talking about a minor here. Which excuses nothing, but is a mitigating circumstance. To let the kid get away with it, however, demonstrates that it's alright to do this, profit from it, and get your 15 minutes of fame. Which also means it's alright for minors to act as intermediaries for adult criminals.
It would be extremely irresponsible both legally and in terms of Apple's business to do nothing. So they've done the right thing by going after the kid. Hopefully the investigation will be extended.
By the way, a crime is a crime. Even if it's only one Joe Nacchio. The law doesn't discriminate between the quantity of criminals. LOL
Your example again doesn't contribute anything. At least this time it's less hyperbolic; although just as irrelevant.
If you had a business partner that was authorized to sell your work then there wouldn't be a crime. If your business partner stole your work and sold it to someone why would you hold the person that purchased it responsible? Because they may have known that it was acquired illegally, although may not have known? Do you really think that's how you'd approach it? I feel like if anything you're making the argument that Apple should be suing foxconn.
Should apple sue every person that bought a samsung smartphone/tablet? You're a silly person.
In regard to damages, or hypothetical damages, it is extremely unlikely that people buying third party parts for an iphone that they are going to disassemble and reassemble will believe Apple is responsible for the quality of said parts. If you bought a third party case that was poorly made you wouldn't blame apple. This argument is asinine.
And I was making the point that the difference between white collar and blue collar crime is a cultural one. If we quantify the effects white collar crime is always more harmful, but the blindingly naive tend to think blue collar theft is more offensive nonetheless. Example: You.
I'm not discussing the legality of his actions. "Law" has a pretty horrific history, my friend, and believing that it stands for "righteousness" is a silly proposition. At best we might say that law is a set of rules that attempt to prevent or encourage certain behaviors amongst a populace, but even that is a bit naive. When corporations don't like laws they lobby to have them changed. What might individuals do? Congregate around a given cause to broadly articulate a concern? Perhaps. That's a different discussion.
Also, do I really need to dig up the ridiculous laws that still exist to this day for you to retract your thoughtless statement, "a crime is a crime?" That is most certainly not the case by any qualification that stands fast for me, or I'd argue, the vast majority of individuals.
There was a point when it was illegal for a black man to own property in this country. If he attempted to do so it would be a crime. Rape would also be a crime. You contend that some sort of equality exists between these two behaviors?
Now a black man can buy property, so the illustration no longer serves. Would you contend, then, that we've perfected law? A crime is a crime? What could you possibly be trying to convey with this expression?
Again you have missed the point of the discussion. My first post was meant to illustrate the fact that even if a perpetrator of a crime is a teenager he is still to be held accountable for his actions.
Then you decide to make my post about white collar and blue collar crime in a vain attempt to cover for the teenager. So I then create a hypothetical to explain the damage done to apple when this type of thing occurs and you some how bastardize that to the point that no one even remembers that this is someone who purchased apple property (or at least presented as apple property) and then sold it, therefore profiting off of someone else's licensed property. Anyone who owns a business or has intellectual property understands that your arguments are ignorant and detracting. Good day sir
I SAY GOOD DAY!
In that case your concerns would be best addressed by your congressperson or your member of parliament, not this forum.