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Site Tells Apple to Back Off

SAN FRANCISCO (CN) - A Web site that tells people how to make iPods work with software other than Apple iTunes sued Apple in Federal Court Monday "to vindicate free speech interests of Internet readers and publishers."

OdioWorks says users of its BluWiki Web site posted information on how to make Apple iPods and iPhones work with software other than Apple's iTunes. Apple threatened to sue and OdioWorks pulled the page in fear, but wants to restore it.

"One set of documents authored and posted by BluWiki users related to efforts to enable certain recent models of Apple's iPod and iPhone digital media players to interoperate with software other than Apple's own iTunes software," the complaint states. "In November 2008, counsel for Apple demanded that OdioWorks remove several of these documents (the 'iTunesDB Pages'), threatening it with 'legal liability' if it refused. Ex. A. Fearing legal action, OdioWorks complied.

"OdioWorks takes the First Amendment rights of BluWiki users seriously, believes that Apple's legal claims are baseless, and would like to restore the iTunesDB Pages.

"Accordingly, OdioWorks brings this action for declaratory and injunctive relief to clarify the rights of the parties and to refute Apple's baseless assertions of copyright infringement and violation of the anti-circumvention provisions of the Digital Millennium Copyright Act."

Some documents in this case were filed under seal. Virginia-based OdioWorks is represented by Matthew Werdegar with Keker & Van Nest.

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