Re: Apple's iPhone Channels the Prudes -- "Pick a Little, Talk a Little!"

[David Farber <dave () farber net>]

Begin forwarded message:

From: "Bob Frankston" <Bob19-0501 () bobf frankston com>
Date: May 23, 2009 7:58:40 PM EDT
To: <dave () farber net>, "'ip'" <ip () v2 listbox com>
Subject: RE: [IP] Re:   Apple's iPhone Channels the Prudes -- "Pick a  
Little, Talk a Little!"

This is another reason to avoid putting companies in the role of  
service providers if you can avoid it (and we can!). Even if the  
companies wanted to be conduits (and they don’t) they find themselves  
forced to be gatekeepers. Why do I need to promise my provider that I  
won’t do anything illegal (in whose judgment?) merely to communicate  
with my neighbors? In theory it’s just to avoid this kind of liability  
but in practice …

We also see this when we couple systems such as taxing cassette tapes  
to pay musicians (in Canada) by putting tapes on the entertainment  
silo as a matter of policy.


-----Original Message-----
From: David Farber [mailto:dave () farber net]
Sent: Saturday, May 23, 2009 19:26
To: ip
Subject: [IP] Re: Apple's iPhone Channels the Prudes -- "Pick a  
Little, Talk a Little!"



Begin forwarded message:

From: Pamela Jones <pj () groklaw com>
Date: May 23, 2009 5:52:53 PM EDT
To: dave () farber net
Subject: Re: [IP] Apple's iPhone Channels the Prudes -- "Pick a
Little, Talk a Little!"

I think what Apple is doing makes good legal sense. If you saw the
recent litigation by Cartier against Apple, you see that people won't
sue the 3rd party apps authors; they'll sue deep pocket Apple.

Cartier dropped the suit after Apple dropped the app Cartier found
infringing. http://blogs.computerworld.com/cartier_apple_lawsuit_iphone_app_third_party

What does that tell us? That Apple can get sued for whatever apps it
allows.

If I were Apple, I'd be very careful what I endorsed as an iPhone or
iTouch app, one that could use the Apple name, for the simple reason
that there are litigious jerks out there who will sue large and
successful companies.

Apple doesn't create those jerks; it merely has to live among them. By
the way, if you go to PACER and search for all litigation with Apple
in the header, you get more than 6,000 results.    It is what it is,
and their lawyers are just trying to cope with expected legal issues.
I'm sure Apple couldn't care less what you read.

You can already read the Kama Sutra if you want to on your iPhone.
Just use your Safari browser and go to Project Gutenberg or Wikipedia.

Seriously.

Of use your Kindle app.

Apple, as I see it, just doesn't want to get sued.  Maybe it noticed
the S.C. attorney general going after Craigslist, even thought here
was zero chance of it being appropriate.
http://www.theregister.co.uk/2009/05/22/judge_grants_restraining_order_against_sc_ag_over_craigslist/

PJ
Groklaw




David Farber wrote:
> Begin forwarded message:
> From: Lauren Weinstein <lauren () vortex com>
> Date: May 23, 2009 2:50:17 AM EDT
> To: dave () farber net
> Subject: Apple's iPhone Channels the Prudes -- "Pick a Little, Talk
> a Little!"
>   Apple's iPhone Channels the Prudes -- "Pick a Little, Talk a
> Little!"
>               http://lauren.vortex.com/archive/000572.html
> Greetings.  Ya' know the musical "The Music Man" -- and the
> busybody ladies group all flustered about the "dirty books"
> in the River City library of the early 20th century?
> "Chaucer ... Rabelais ... Baaaalzac!"
> ( http://www.youtube.com/watch?v=jbhnRuJBHLs )
> Well, Apple's continuing game of iPhone censorship
> ( http://lauren.vortex.com/archive/000552.html ) is still in
> high gear -- with hilariously inane results.
> It appears that Apple has rejected the "Eucalyptus" ebook reader
> iPhone app, apparently because it would simplify -- via Project
> Gutenberg -- iPhone users' access to Victorian-era books of the sort
> that so upset the River City ladies!
> ( http://www.boingboing.net/2009/05/22/apple-says-no-projec.html )
> The contrasts are really quite stark.  Google's Book Search and
> Android phone projects are facilitating open access potentially to  
the
> sum total of published human knowledge, without playing content  
nanny.
> Meanwhile, Apple is not only clinging to laughable 19th century
> concepts of "filth" in classic literature, but imposing their
> nonsensical censorship gobbledygook on their entire iPhone customer
> base.
> The bozos have taken over the iPhone bus.
> "Cheep cheep cheep cheep cheep cheep cheep cheep,
> Cheep cheep cheep cheep cheep cheep cheep cheep,
> Cheep cheep cheep cheep cheep cheep cheep cheep,
> Pick a little, talk a little, Cheep!"
> --Lauren--
> Lauren Weinstein
> lauren () vortex com
> Tel: +1 (818) 225-2800
> http://www.pfir.org/lauren
> Co-Founder, PFIR
>  - People For Internet Responsibility - http://www.pfir.org
> Co-Founder, NNSquad
>  - Network Neutrality Squad - http://www.nnsquad.org
> Founder, GCTIP - Global Coalition
>  for Transparent Internet Performance - http://www.gctip.org
> Founder, PRIVACY Forum - http://www.vortex.com
> Member, ACM Committee on Computers and Public Policy
> Lauren's Blog: http://lauren.vortex.com
> Twitter: https://twitter.com/laurenweinstein
> -------------------------------------------
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