[Rumori] Apple shuts down U2 v. Negativland iPod

[Carrie McLaren]

I can't imagine what legal ground Apple has for canning this. Then 
again, I guess they don't really need it....


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From: Francis Hwang <sera at fhwang.net>
Subject: "U2 vs. Negativland iPod" satire shut down by Apple Computer
Date: Tue, 7 Dec 2004 00:20:01 -0500
To: Francis Hwang <sera at fhwang.net>


On Tuesday, November 30, I offered a conceptual art project for sale 
on eBay. Titled the "Unauthorized iPod U2 vs. Negativland Special 
Edition", my work was basically a U2 iPod that I had bought from 
Apple, pre-loaded with most of the Negativland back catalog, and sold 
with modified box art.

Given the unsettled history of the Negativland "U2" single, in which 
Island Records sued Negativland and SST Records into submission in 
the early '90s, I thought this would make a good commentary on the 
ongoing struggles over ownership of culture, not to mention a 
Duchampian poke at the issues of authorship in a world of industrial 
manufacture and easy recombination.

Apple Computer, however, didn't see it that way. On Monday, December 
6--only one day before the auction was scheduled to close--I was 
notified by eBay that my auction listing was being shut down at 
Apple's request. Apple had told eBay that my work was in violation of 
their intellectual property rights. I have emailed Apple asking for 
an explanation, and am waiting for a response.

You can see an archived copy of the listing here: 
http://fhwang.net/art/uiuvnse-archive.html . Whether or not you think 
it's funny, I hope you can agree with me that the work is clearly 
satire, and goes to great pains to avoid deceiving or confusing 
customers. I certainly didn't want anybody to think they'd be buying 
a standard U2 iPod.

I don't believe Apple has ever before wielded a legal threat to shut 
down a dissenting opinion, especially by a lone artist. As Apple gets 
closer to the music industry, is this a harbinger of things to come?

I hope you find this case interesting, and can give it some coverage. 
If you have any questions, please give me a call at 917-776-4300.

Francis Hwang
http://fhwang.net/