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msmobiles.com_robot
Joined: 23 Mar 2004
Posts: 16777215
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 Posted: Thu Sep 29, 2005 1:32 am Post subject: iTunes for Windows Mobile is a scam |
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We are explaining in details how it has been done. We have been also talking (in German) with author of this scam.
Read more at http://www.msmobiles.com/news.php/4343.html |
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thelondonthing
Joined: 25 Nov 2004
Posts: 236
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| Posted: Thu Sep 29, 2005 2:40 am Post subject: |
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I fail to see the relevance of pointing out that the person responsible for faking this application is from "East Germany - <removed>". Indeed, the completely irrelevant mention of this makes you <removed>
Indeed the incredibly angry and poisonous tone throughout the whole story makes it sound like the guy is some kind of child murderer. He made a fake program to generate some extra traffic to his site. Each day is packed full of new Photoshopped images, unsubstantiated rumours and other cheap tricks that hope to draw users to websites.
The ridiculous and excessive tone that you use in this story is completely unnecessary, and ironically it actually appears that you're hyping up a complete non-story to generate more hits to YOUR website! Such hypocrisy. |
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EJR
Joined: 18 Mar 2004
Posts: 2629
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| Posted: Thu Sep 29, 2005 2:54 am Post subject: |
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| thelondonthing wrote: | Indeed the incredibly angry and poisonous tone throughout the whole story makes it sound like the guy is some kind of child murderer. He made a fake program to generate some extra traffic to his site. Each day is packed full of new Photoshopped images, unsubstantiated rumours and other cheap tricks that hope to draw users to websites.
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He is breaking German law (see update 1 in the news item).
Besides: I have removed reference to East Germany from the news item. Thank you for your remarks. |
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EJR
Joined: 18 Mar 2004
Posts: 2629
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| Posted: Thu Sep 29, 2005 3:03 am Post subject: |
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| thelondonthing wrote: | | you're hyping up a complete non-story |
Please note that already several main stream media (MSM) picked this story and are reporting it as if it would be real. This makes it a story worth mentioning.
Besides: he is simply breaking the law. |
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NoBackup
Joined: 01 Apr 2004
Posts: 79
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| Posted: Thu Sep 29, 2005 4:08 am Post subject: |
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again the pot should not call the kettle black and as far as breaking the law ...this site does it repeatedly..
Did he try to sell someone the software...if no then he did not break the LAW...
Oh and did I mention that using his name without the Guys permission you just broke the law in Germany ..and could well be taken to court!!!
yet another pathetic no news posting on this site !!! |
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EJR
Joined: 18 Mar 2004
Posts: 2629
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| Posted: Thu Sep 29, 2005 9:32 am Post subject: |
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| NoBackup wrote: |
Oh and did I mention that using his name without the Guys permission you just broke the law in Germany ..and could well be taken to court!!!
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no! because his name is vividly visible in the left lower corner of his website.
and he broke law because he used registered trademark "iTunes". |
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NoBackup
Joined: 01 Apr 2004
Posts: 79
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| Posted: Thu Sep 29, 2005 10:23 am Post subject: |
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| msmobiles.com_wiseacre wrote: | | NoBackup wrote: |
Oh and did I mention that using his name without the Guys permission you just broke the law in Germany ..and could well be taken to court!!!
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no! because his name is vividly visible in the left lower corner of his website.
and he broke law because he used registered trademark "iTunes". |
Did you ask his permission...no..and as you are so good in German Law you should not that that is against the DATENSCHUTZ...as you are representing a company (This site is a commercial site) and he is acting as an individual... you gained access to the information with his permission, but you have published it without prior permission, even if the said information was in the public domain, this site being commercial can only use it with the individuals written permission..
He can only brake the law if he is a company or acts like a company...as it only refers to "Unternahmen"... and he has not made commercial use of the said trademark....max that could happen is that he gets a letter from a lawyer claiming that if he continues displaying it that he will have to pay a fee....or face a court order for a civil case which would force him to stop using it (where he would face a fine if he continued, and he would have to cover the costs of the case) ..and not a criminal case!
Who are you any way, that even without a civil case, where this guy his shown to be in the wrong, to DECLARE that he has broken the LAW...that in its self is slander, as even in Germany you are innocent until proven guilty...
Last edited by NoBackup on Thu Sep 29, 2005 10:30 am; edited 1 time in total |
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EJR
Joined: 18 Mar 2004
Posts: 2629
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| Posted: Thu Sep 29, 2005 10:28 am Post subject: |
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| NoBackup wrote: | you have published it without prior permission, even if the said information was in the public domain, this site being commercial can only use it with the individuals written permission..
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published what without prior permission? I haven't published anything secret here - his name is all over his website.
anyway: it doesn't change the fact that this program is a fake and that this guy continues to fool people. |
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thelondonthing
Joined: 25 Nov 2004
Posts: 236
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| Posted: Thu Sep 29, 2005 11:06 am Post subject: |
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You said it yourself - the fact remains that this program is a fake and he continues to fool people. That's it. No news here. People do this every day with fake images and spreading unsubstantiated rumours. IT'S NOT NEWS.
Yet as the previous user correctly stated, you have decreed that this guy is guilty without trial, and that is libellous. In order to avoid making libellous statements, you need to use phrases such as "allegedly" and "reportedly" - but you wouldn't know that because you clear don't know the first thing about quality journalism.
Forget the fact that you published the guy's name - that's of no consequence. What's far more consequential is that you are smearing that man's name with potentially false allegations of him being a criminal.
That he has not made any commercial gain from this little project, and that his motivation appears to be nothing more harmful than to fool people and generate traffic for his website, should be sufficient to demonstrate that there has been no criminal activity here. Had he been passing this program off as iTunes for commercial gain, and using Apple trademarks to make money, then he would indeed have broken German and European laws. But he didn't do that.
A case in point: with recent issues surrounding build quality and materials of the iPod nano, a website was set up by an individual to invite people to register their dissatisfaction online, and thus demonstrate to Apple how serious the issues with their product were. The website was set up at www.ipodnanoflaws.com. Apple didn't like the iPod name being used in this way, and contacted the individual behind the website to ask that he desist. As a result of this request, the website is now situated at www.flawedmusicplayer.com. No crimes committed. No threats of legal action. No real story there either. It simply demonstrates that the mere use of a name for non-commercial purposes does not constitute a crime.
You should seriously consider rescinding your wildly inaccurate remarks against this individual as he would be well within his rights to sue you for libel against him.
And you should seriously consider actually admitting that you're wrong once in a while, because your persistence in trying to defend massive and obvious inaccuracies in your reports - even when others repeatedly prove to you that you are incorrect - is getting extremely tiresome, and does little to improve the image of msmobiles.com as little more than sensationalist nonsense. |
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EJR
Joined: 18 Mar 2004
Posts: 2629
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| Posted: Thu Sep 29, 2005 11:12 am Post subject: |
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| thelondonthing wrote: | | you have decreed that this guy is guilty without trial, and that is libellous. |
OK, I have removed references to German laws:
Urheberrecht (UrHG), Teil 1, Abschnitt 8, UrhG § 69f
Markengesetz (MarkenG), Teil 2, Abschnitt 3, MarkenG § 14
... and I have removed statement that he is breaking the law.
Are you happy now?
And besides: many main stream media outlets have picked this story and are linking to his website, that is receiving big traffic due to this fake. While maybe he is not yet taking financial advantage from this fake, at any time in future he may do it by putting advertisements on his website. |
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thelondonthing
Joined: 25 Nov 2004
Posts: 236
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| Posted: Thu Sep 29, 2005 11:19 am Post subject: |
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Yes, I've read the story on many other websites - but I've read the proper versions of the story. You know... the ones where they report the facts without trying to blow everything out of proportion with sensationalist crap?
You should take a leaf out of their book. But oh, how commendable that having been repeatedly proved both wrong and irresponsible, you finally decided to withdraw the inaccuracies from your article. Yes, that's really something you should be proud of.
Next time, you should try writing the story properly from the beginning, and leave the tabloid crap to the National Enquirer. They do it a hell of a lot better than you guys. |
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EJR
Joined: 18 Mar 2004
Posts: 2629
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| Posted: Thu Sep 29, 2005 11:32 am Post subject: |
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| thelondonthing wrote: | you finally decided to withdraw the inaccuracies from your article. Yes, that's really something you should be proud of.
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thanks, let me know how else I could be of service! |
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thelondonthing
Joined: 25 Nov 2004
Posts: 236
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| Posted: Thu Sep 29, 2005 12:18 pm Post subject: |
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| Apparently not only is good journalism a mystery to you, but also sarcasm. I shouldn't be surprised, I suppose. |
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guttrhead
Joined: 29 Sep 2004
Posts: 30
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| Posted: Thu Sep 29, 2005 1:29 pm Post subject: |
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| thelondonthing wrote: | | Yet as the previous user correctly stated, you have decreed that this guy is guilty without trial, and that is libellous. In order to avoid making libellous statements, you need to use phrases such as "allegedly" and "reportedly" - but you wouldn't know that because you clear don't know the first thing about quality journalism. |
They talked to the author and he admitted doing it. It isnt libel if the guy confesses to it.
| thelondonthing wrote: | | That he has not made any commercial gain from this little project, and that his motivation appears to be nothing more harmful than to fool people and generate traffic for his website, should be sufficient to demonstrate that there has been no criminal activity here. Had he been passing this program off as iTunes for commercial gain, and using Apple trademarks to make money, then he would indeed have broken German and European laws. But he didn't do that. |
He has an ad on his site. If he makes one cent off of the increased traffic or clicks. thats commercial gain from using apples trademarks |
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NoBackup
Joined: 01 Apr 2004
Posts: 79
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| Posted: Thu Sep 29, 2005 3:58 pm Post subject: |
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| guttrhead wrote: | | thelondonthing wrote: | | Yet as the previous user correctly stated, you have decreed that this guy is guilty without trial, and that is libellous. In order to avoid making libellous statements, you need to use phrases such as "allegedly" and "reportedly" - but you wouldn't know that because you clear don't know the first thing about quality journalism. |
They talked to the author and he admitted doing it. It isnt libel if the guy confesses to it.
| thelondonthing wrote: | | That he has not made any commercial gain from this little project, and that his motivation appears to be nothing more harmful than to fool people and generate traffic for his website, should be sufficient to demonstrate that there has been no criminal activity here. Had he been passing this program off as iTunes for commercial gain, and using Apple trademarks to make money, then he would indeed have broken German and European laws. But he didn't do that. |
He has an ad on his site. If he makes one cent off of the increased traffic or clicks. thats commercial gain from using apples trademarks |
1) How do we now that he admitted TRYING to sell the Product, therefore doing something illegal
2) By branding the GUY a Criminal is without a trial, committing libel
3) You would have to prove that he is benefiting from the Ad,and it is not the hosting services way of paying for the space and bandwidth used, and that his intent in setting up the site in the first place, was to commercially benefit from the trademark use and that the Ad in question was solely to make money from the usage of said trademark
all of the above was not part of msmobiles DUE DILIGENCE (which every reporter has to do...look at the cases in america where reporters have gone to prison for not doing so and in the process committing libel) before they published the report and the innuendoes contained there in... |
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