Seth Weintraub's picture
Seth Weintraub

Apple versus Google

Apple drops legal action against Bluwiki

Apple today said it wouldn't pursue legal action against OdioWorks, which runs a collaborative Internet site called BluWiki. BluWiki is an online collaborative software used to share information –much like other Wikis. The original complaint centered around users who were sharing information about how to make music/media software work with Apple's proprietary iTunesDB.

Citing a violation of the Digital Millenium Copyright Act, Apple sent OdioWorks a cease and desist notice and demanded that it take down the information that was posted. OdioWorks complied, but also got in touch with digital rights group Electronic Frontier Foundation. EFF later countersued Apple on OdioWorks’s behalf.

Today, Apple dropped the lawsuit (PDF), saying

"...Apple has stopped utilizing the code in question, rendering the code obsolete for the purposes at issue in this action. Publishing that code is no longer of any harm or benefit to anyone."

EFF BluwikiInterestingly, last week, Apple issued an iTunes update that broke the Palm Pre's ability to sync with iTunes. There is a good chance that the new iTunes 8.2.1 software no longer uses the same technology to store and access media information. Changing that software also freed them from this legal entanglement.

Apple killed two birds with one stone.

The EFF dropped its suit today as well.

Sam Odio, founder of OdioWorks said, "I'm very relieved the whole ordeal is over. It was a hard decision to stand up for free speech instead of bowing to Apple's demands."

EFF Senior Staff Attorney Fred von Lohmann added, "While we are glad that Apple retracted its baseless legal threats, we are disappointed that it only came after 7 months of censorship and a lawsuit. Because Apple continues to use technical measures to lock iPod Touch and iPhone owners into -- and Palm Pre owners out of -- using Apple's iTunes software, I wouldn't be surprised if there are more discussions among frustrated customers about reverse engineering Apple products. We hope Apple has learned its lesson here and will give those online discussions a wide berth in the future."

The EFF has a long history of defending against Apple's lawsuits including winning major victories for bloggers' rights in the past.

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