Apple Threatens Skinz.Org, Stardock Systems
Apple Computer, Inc. has threatened legal action against Stardock Systems,
maker of the popular Windows customization program WindowBlinds, and
Skinz.Org, a catalog of downloadable skins, if they do not remove a skin
that allows Windows users to have the new 'Aqua' interface found in Apple's
upcoming MacOS X.
Apple fired off a cease and desist notice last Tuesday to the webmasters of Skinz.Org, a Web site owned by Netwhirl Communications. In the notice, Apple states, "It has been brought to our attention that Apple Computer, Inc. ("Apple") copyrighted material is available for download from the above web sites. Specifically, the infringement involves the copying of Apple's Mac OS X user interface by creation of an Aqua appearance "skin" called "Mac Aqua" and "Win Aqua" (hereafter referred to as "the Material")."
Skins have become extremely popular as of late, because they allow users to customize normally boring aspects of their desktop. WindowBlinds allows users to apply a skin to Windows itself, customizng the Start menu, taskbar, scrollbars, and more. Soon, skins will even be found in Netscape, as it has announced that users will be able to apply skins to the next release of its browser, Communicator 5.0.
After receiving the notice, Skinz.Org webmasters removed the WinAqua skin from the site on the advice of Netwhirl's legal team. Shortly thereafter, the author of WinAqua retooled the skin to remove all Apple trademarks or logos from the images. The new version was placed back onto the site immediately and is still available for download.
Most recently, the operators of Skinz.Org received a second notice demanding the removal of the new WinAqua skin or face legal action. However, because it no longer contains any screen captured elements from Apple's OS, Netwhirl CEO Sam Jain told eFront they will defend the skinning community and leave the skin up until the issue is resolved. Netwhirl issued the following press statement regarding WinAqua:
- "We understand that there has been an issue between Apple and a community
member on skinz.org, a NetWhirl Communications-owned Website. The issue
regards the online availability of a skin titled WinAqua that is alleged to
contain elements of Apple's trademarked Macintosh X Operating System.
WinAqua was posted to skinz.org by one of its community members. As the
owner of the Website, NetWhirl has received a cease and desist order
requesting removal of the WinAqua download from skinz.org along with any
links to other sites that also may contain this download. Since the
cornerstone of NetWhirl is to preserve the positive essence of interactive
communities, we hope this issue can be resolved."
Because the new version of the skin does not contain any Apple trademarks, Apple will be
forced to use the "look and feel" argument if it chooses to pursue the matter in court. This past summer, Apple argued that PC maker eMachines violated the look and feel of Apple's iMac with the eOne. Long before that, Apple sued Microsoft over the look and feel of Windows, and lost.
Steve Jobs announced MacOS X last week, touting the new Aqua interface as being far superior to Microsoft's Windows. As a complete smack in the face to Apple, the WinAqua skin appeared mere days later, not only giving Windows users the Aqua look, but weeks before MacOS X will even hit store shelves.