Another case against Gizmodo
Gruber describes a legal case against Gizmodo on the basis of theft, but I think there’s a lot more imagination the legal team at Apple will be employing. Here’s another possible case against Gizmodo:
- Apple holds copyright to the shape and form of their devices
- pictures of Apple’s phones are a derivative works of that design
- usually, reproducing such a derivative work leads to no provable damages, and hence no legal case case, but
- because it was a secret prototype, Gizmodo’s unlicensed reproduction is different: it has clear and quantifiable damages to Apple’s business
While IANAL, and my reasoning might be off, a larger point still stands: the legal team at Apple will scour every nook and cranny to legally destroy Gizmodo to the full extent of their ability (not because of revenge, but because these leaks really do hurt the “experience” Apple is in the business of creating). And to be frank, I’m amazed how laughably clueless Gizmodo seems to the legal onslaught they’re about to receive.
