The Mac Observer

Skip navigational links

You're viewing an article in TMO's historic archive vault. Here, we've preserved the comments and how the site looked along with the article. Use this link to view the article on our current site:
Apple Settles Lawsuit With One Tiger Leak Defendant

Apple Settles Lawsuit With One Tiger Leak Defendant

by , 5:00 PM EST, March 23rd, 2005

Apple has settled a lawsuit with one of three defendants it sued for distributing developer versions of Mac OS X 10.4 Tiger, the company said Wednesday.

Doug Steigerwald, a student and Apple Developer Connection member at the time, was sued in December 2004 after Apple determined that he was the source for pre-release copies of Mac OS X 10.4 Tiger that were floating around various BitTorrent file sharing sites.

"While Apple will always protect its innovations, it is not our desire to send students to jail," said Apple spokesman Steve Dowling. "We are pleased that Mr. Steigerwald has taken responsibility for his actions and that we can put this lawsuit behind us."

As part of the settlement, Mr. Steigerwald will pay an undisclosed sum to Apple and said he will not discuss the details of the case. Mr. Steigerwald also revealed that he is the subject of a criminal investigation by the U.S. Attorney's office and said he is "working toward a resolution with the federal government."

"I disseminated it [Mac OS X 10.4 Tiger] over the internet and thousands of unauthorized copies of Apple's software were illegally distributed to the public," Mr. Steigerwald said in a statement. "As a result, Apple sued me for copyright infringement and trade secret misappropriation. All of the claims regarding me in Apple's complaint are true.

"Although I did not mean to do any harm, I realize now that my actions were wrong and that what I did cause substantial harm to Apple, and for that I am truly sorry. I am grateful for the chance to resolve this lawsuit and move on with my life, and hope that any publicity generated by this lawsuit discourages others from making the same mistake as I did."

Apple said it had no comment on the other two defendants in the lawsuit, Vivek Sambhara and David Schwartzstein.

In February, Apple co-founder Steve Wozniak threw his support behind the students in the case, saying in a blog posting regarding Mr. Sambhara: "This is an unintentional oversight and the interviewed student appears to be one of the most honest people on this planet. I have to question who is most right in this case. I wish that Apple could find some way to drop the matter. In my opinion, more than appropriate punishment has already been dealt out. In this age of professional spammers and telemarketers making fortunes, we're misusing our energies to pursue these types of small time wrongdoers. I will personally donate $1,000 to the Canadian student's defense."

Observer Comments

Show: Subjects Only | Full Comments
Close Name:Guest
Subject: A good solution!

I am happy to see that workable compromises remain a viable option to the spate of litigations Apple has brought up recently. In most cases, I felt Apple's stand has been appropriate, although I may sympathize with some of the fears expressed in various TMO articles about freedom of press.
Still I believe this specific case exemplifies a recurrent problem with certain individuals not wanting (or failing) to live up with taking responsability for their own actions. Accountability is the real subject I see promoted by Apple legal campaign and I entirely share in the vaule of it.

Close Name:Intruder -   TMO Mac Specialist Posts: 3149 Joined: 07 Jul 2004
Subject: Well said, guest

Regardless of what some may think about the Think Secret lawsuit, this instance (the release of Tiger over P2P) could definitely cause harm to Apple, and is a direct violation of several agreements (and laws).

Glad to see the individual taking responsibility for his actions. Says a lot about his integrity.

Close Name:jacrav Posts: 268 Joined: 04 Jul 2001
Subject: I wonder …

… how much he was made to pay Apple in damages, a symbolic $1 ?
I expect he has learned his lesson and won't tell … as he's not supposed to discuss the settlement terms …

Close Name:Guest
Subject: Say What?

What are you two talking about? These two sound like apple marketing spies. You guys are glad to see apple acting like a bully to its own adoring fans? Like he was out to 'rob' apple of its profits. This kind of action reminds me not to get too rapped up in 'apple worship'. The guy 'now knows what he did was wrong?' More like, 'he now knows what actions apple had a problem with.' Looks like corporate lust for controlling all forms of media we are exposed to. Downer.

(...not to be rude... guys)

Close Name:Guest
Subject: Student ADC membership doesn't include Tiger pre-release

Interestingly enough, the $99 student ADC membership doesn't include a pre-release version of 10.4 - you need to spring for a $500 ADC select membership for that!

So either he had already purchased the $500 membership, or he had another source.

http://developer.apple.com/students/

Close Name:Intruder -   TMO Mac Specialist Posts: 3149 Joined: 07 Jul 2004
Subject: re: say what?...wrong answer

This has nothing to do with Apple or fans or being a bully. It has to do with honoring a binding contract (the NDA) that the individual signed and then knowingly violated.

I would feel exactly the same way if it was Microsoft and not Apple. If you don't now, you should work in an industry where NDAs are an important fact of life. Then you would understand this position.

Close Name:Mace Posts: 9604 Joined: 07 Aug 2003
Subject:

I think he paid only token $500 .

Close Name:Guest
Subject: Accountability

"Accountability is the real subject I see promoted by Apple legal campaign and I entirely share in the vaule of it."

Taking personal accountability is the first step in living a good life and the student, after having his errors pointed out to him, has done so.
Now as far as Apple is concerned, hopefully they can also learn from this, because as we know, the road to hell is paved with corporate unaccountability.

ilk

Close Name:Small White Car Posts: 1960 Joined: 02 Jul 2004
Subject:

Quote
Guest wrote:
More like, 'he now knows what actions apple had a problem with.'


Hey, what'd'ya know! They have a problem with doing the things that I signed a contract saying I wouldn't do!

Who could have guessed that!?

Close Name:Guest
Subject:

"These two sound like apple marketing spies. You guys are glad to see apple acting like a bully to its own adoring fans?"

If anyone sounds like a marketing spy, it's you. Someone who breaks an NDA contract with Apple to illegaly distrubute copies of their unreleased operating system isn't an adoring fan. If you think Apple's a bully for protecting itself, then is the U.S. Attorney's office also a bully for launching a criminal investigation against him because he broke the law?

"Looks like corporate lust for controlling all forms of media we are exposed to. Downer. "

Trying to keep their projects from being leaked is a lust for controlling all forms of media? You're right. Why doesn't Apple just tell all it's secrets and make their pre-release software public? What? Because they'd go out of business? Oh.

Close Name:Guest
Subject:

Quote
Guest wrote:
Why doesn't Apple just tell all it's secrets and make their pre-release software public? What? Because they'd go out of business? Oh.


That's the exact reason the mac haters and apple bashers would like. The we can all drink the unsweetend MS koolaid since there won't be the Jobs RDF anymore.

Close Name:Guest
Subject: Re: re: say what?...wrong answer

Quote
Intruder wrote:
This has nothing to do with Apple or fans or being a bully. It has to do with Apple and the defendant coming to a Brady Bunch resolution with hugs and kisses.

I would feel exactly the same way if it was Microsoft and not Apple (Steve Jobs told me to say that). I wear soggy diapers. If you don't, you should try wearing one as they are an important part of my life. Then you would understand the change in my sitting position.

Close Name:Guest
Subject: LINUX

Quote
Guest wrote:
"...Why doesn't Apple just tell all it's secrets and make their pre-release software public? What? Because they'd go out of business? Oh.


Linux seems to have done it. . . that doesn't seemed to have hurt? I may be way off the mark here. Please excuse me.

Close Name:mrmgraphics Posts: 825 Joined: 05 Sep 2003
Subject:

+

Quote
Guest wrote:
Quote
Guest wrote:
"...Why doesn't Apple just tell all it's secrets and make their pre-release software public? What? Because they'd go out of business? Oh.


Linux seems to have done it. . . that doesn't seemed to have hurt? I may be way off the mark here. Please excuse me.

What OS X offers, that Linux can't (not yet, at least), is a smooth and unified, truly plug-and-play desktop experience. That comes from OS X, and will come from Tiger, the very core of this discussion.

As OS X is the core of the Mac experience, Tiger is its future, and deserves protection via NDAs being respected.

Close Name:Guest
Subject:

"Linux seems to have done it. . . that doesn't seemed to have hurt? "

Linux isn't a single operating system being sold by a single company that largely relies on it to survive. Besides, Apple's the leader that the other PC companies, MP3 player companies, and digital music store companies follow. If they made their projects public through every step of developement, they'd still be the leader, but they'd always get beaten to the punch.

Comment on this Article


You cannot edit your comments.   You cannot delete your comments.

Comments are currently closed. Please email the author instead.


Recent Headlines - Updated November 8th

Sat, 7:58 PM
News - Apple TV 3.0.1 Update Fixes Missing Content Bug
Fri, 7:45 PM
Rumor - Taiwan Leak Shows Verizon UTMS/CDMA iPhone for Q3 2010
6:40 PM
News - iPhone Moves Into RadioShack
6:30 PM
News - Apple to Open Stunning Paris Apple Store in Le Louvre on Saturday
5:43 PM
Free on iTunes - Dictionary, Dictionary, Dictionary, And More
4:09 PM
John Martellaro's Blog - Particle Debris (week ending 11/6) Failure IS an Option
3:32 PM
Games - The Latest App Store Games: Gravity Sling, RocketBird, Ground Effect, Checkers!
2:25 PM
Games - Star Soccer 2010 for Mac Puts Gamers in Role of Up-and-Coming Player
2:15 PM
How-To - The Mysteries of Rosetta Housekeeping
1:33 PM
News - iPhone Game Developer Sued for Collecting User’s Cell Numbers
1:17 PM
Games - Warhammer Online Expands Trial Play Option
11:19 AM
Rumor - Apple May Be Bringing RFID to the iPhone

The Mac Observer Reader Specials

  • TypeStyler For Mac OS X is Now Shipping! Download The Free Fully Functional 60 Day Tryout at www.typestyler.com
  • RamJet Memory: Mac Pro 8-core 8GB Kit $199.99, 4GB Kits $109.99! Sale on MacBook and MacBook Pro 8GB kits $549.99! New MacBook DDR3 2GB for $49.99. iMac and Mac mini 4GB Kits for $79.99! 1TB SATA Hard Drives for $109.99! Click here
  • OWC: Plug & Play Hardware RAID up to 8.0TB. High Performance, Data Redundant Solutions. FireWire 800, FireWire 400, USB2, or eSATA. Hot Swappable Bays, Data Rates over 200MB/s. Click here
  • Poker Mac If you're using a Mac, then you've gotta check out Full Tilt Poker for Mac. This Full Tilt Poker bonus code does the unthinkable, it actually rewards!
  • For the latest Apple products use Ciao, a price comparison website, to find laptops like MacBook Air. Then find the best prices on MP3 players and use our comparison tool to evaluate mobile phones like the Apple iPhone.

  • Laptop Hardware Provided by TechRestore - Overnight Mac & iPod Repairs.
  • __________
  • Buy Stuff, Support TMO!
  • Podcast: Mac Geek Gab
  • Podcast: Apple Weekly Report
  • TMO on Twitter!