But EFF lawyer Fred von Lohmann claimed victory, saying that Apple had backed off of overreaching legal claims it made in a November takedown notice it sent to BluWiki. Apple's lawyers at O'Melveny & Myers charged that posts on the site, which included reverse engineering of Apple's iTunes software, were a violation of the Digital Millennium Copyright Act's anti-circumvention measures.

"Apple's threats were clearly designed to censor pure speech -- there was no software there, there were no tools, there were no hacking devices -- this was just people talking," von Lohmann said. "Apple was well beyond the statute when it made these threats, and apparently they think so now, too."

Thursday, July 23, 2009
The Recorder