Love Labs, the maker of iBuzz, an iPod sex toy, claims to have received a letter from Apple Computer, Inc. which states in part, “Our client owns the copyright in all the images used in its ‘Silhouette’ advertising campaign and actively polices its rights in order to protect itself and its consumers… Certain images used on your website (http://www.ibuzz.co.uk) may have been copied or substantially copied from those in which our client own the copyright, without our client’s consent… Your use of such images amounts to copyright infringement.”
Love Labs responds on their website, “Crikey. That’s a serious allegation. As [Apple’s lawyers] point out, their client ‘would be entitled to issue court proceedings against you seeking an injunction to prevent any further infringement of their rights and an award of damages or an account of profits and costs.’ Scary stuff.”
Love Labs writes, “The only fly in their argument is that we know exactly where the silhouettes in the iBuzz animation came from – and they certainly didn’t come from Apple. Our friend Gordo (who lives up the road) created the images and he’s still got the PhotoShop files to prove it. He traced them from pictures in his collection of (his inverted commas) ‘free-to-air porn.”
“While there is arguably a similarity of style between the iBuzz animation and Apple’s, it is settled law that copyright does not subsist in mere style or technique (my counsel tells me). So we think the allegation is unfounded,” Love Labs writes.
Love Labs writes, “But the iBuzz Web site has been online for a year, so why bother to write to us now? I don’t think they’ve only just noticed the site. When Love Labs launched iBuzz in America in February 2006, we sent an iBuzz to Steve Jobs as a birthday present. It was returned to us with ‘Product not ordered!’ scrawled in large letters across the receipt. Heh.”
“So what are we going to do with iBuzz.co.uk and our rude silhouette animation? As far as Love Labs is concerned, we were just about to relaunch the iBuzz.co.uk Web site anyway (no, really). And we have a spangly new animation for iBuzz Two that we’re going to use instead. So we don’t actually need the objectionable animation any more,” Love Labs writes.
Full article here.
[Thanks to MacDailyNews Readers “Richard” and “LinuxGuy and Mac Prodigal Son” for the heads up.]
The Register also covers the story with, “Apple a-quiver over iPod vibrator copyright clash,” here.
Sadly, as Love Labs seems prepared to pull the, uh… offending animation, this story seems to have ended prematurely. We would have enjoyed seeing the back and forth between the lawyers as they brought a trial to climax.
Related articles:
Apple objects to Japanese ‘gPod’ trademark for women’s sex aid – November 09, 2006
Love Labs creates ‘iBuzz’ his-and-her vibrating sex toy accessory for Apple iPod – November 16, 2005
That was funny!
Great! This makes lots of new stories about Apple
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I think they should tell them to go shove it…
Love Labs took the easy way out. They pulled the plug on their product otherwise they would’ve been screwed.
Next Post anyone?
Check this from BBC
Hilarious!
iPod is so Sexy thing
would have been great publicity for iBuzz.
Too bad they didn’t stand stiff to the pressure. You know ride it out for a while. Give a little back and counter sue for false and misleading accusations.
Turn up the vib on PR. They really limped out of this one early in the game. They could have found a back door deal.
Cheeky bugga’s.
lovelabs need to fire their lawyers: quite aside from copyright, what they did is actionable under trademark and trade dress law as well.
iWankers.
Best Post Award contestant thus far is…deedubya. Hmm, not many people who visit this site have a sense of humour. Then again, maybe it’s the sex thing.
We need a dose of ZuneTang, or perhaps good ol’ Sputnik might help us out. Are you guys out there?
Apple may have prematurely shot blanks over this one…
The little guy always gets it in the end.
Which end are you referring to Shortbusthemovie?
This article is such a buzz kill.
Great take, MDN!!!
Hilarious!
Have an iPod under the tree for the wife!!
??? can you still by one of these ????
The difference between kink and perverted?
Kinky is inserting an iBuzz into your preferred orifice. Perverted is shoving a brown Zune in after it.
It’s tempting to think Apple would put this type of lawsuit into play before anything would come of it. As a larger company, it’s their mission to assume the dominant position, to be on top of the situation.
However the perception is that iBuzz is the underdog, whose style and ethestic is similar to Apple’s but for a markedly different outcomes.
IBuzz, to be sure forced Apple’s hand. Jobs, Steve Jobs, to be exact, was left no choice but to defend itself from such an assault. Apple needed protection an got it. Are you for eighty-six or so lawyer attacking such a little company? Maybe yes, maybe no. But Apple exercised its choice. But if this get messy, you won’t see a pro-life-ration of lawsuits in the future.
Now that’s hitting below the belt!
Best Post Award thus far is…Unsqirted. A classic mix of irony and humour.
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