Greg's bite: Apple's patent app drawing flap
TweetFollow Us on Twitter

Greg's bite: Apple's patent app drawing flap

By Greg Mills

I was shocked, as were many other Apple observers that an Apple patent application sported an obvious rip-off of the user interface of an iOS app on the Apple App Store called "Where To?"  Apple files hundreds of patent applications on everything they do.  

Playing the tech "that is covered by our patent" game in federal court requires all the legal ammunition possible, so they try to protect all their ideas. A recent Apple patent app that was published by the US Patent Office included an illustration, in line drawing form, that was clearly an illustration of an existing iOS App owned by someone else. This gaff was no doubt embarrassing to the legal staff at Apple and I bet someone got their butt in a sling over it.

Apple has a sort of "white knight aura" about it on intellectual property issues. Apple often the target of patent trolling artists hoping to cash in on Apple's success. While certainly, in a competitive market with a rather obscure US patent process, fraught with ambiguity, disputes over technology are bound to occur. However, this obvious use of someone else's technology was quite blunt. The developer who placed his app in the iTunes store never anticipated that Apple would like their user interface so much they would try to patent it. That does not actually tell the true story.

As it turns out, what is obvious on its face is not quite as it seemed. Most people when they look at a patent turn first to the drawings to understand what the patent is all about. While professionals look at the drawings, they also read the claims, which are really the heart of a patent. The drawings just help to explain the claims. As it turns out, the now famous drawing was used, without permission, to illustrate something not related to the user interface or app that was shown.  The gaff was in not attributing the art to the app developer, not in actually trying to steal their technology.

The fine print of app developer contracts and Apple App Store posting might actually allow Apple to use the likeness of an app posted on their servers. I hear Apple apologized to the developer and an attorney for the developer advises that no harm has been done other than a few feathers being ruffled. From a PR point of view, while this does not rise to iPhone 4 "Antennagate" proportions, it was embarrassing to say the least and put Apple in a bad light.

I will admit, my first reaction was shock that Apple would have "stolen" the look and feel of an app posted by a developer.  I am glad the first impressions were wrong and my confidence in Apple respecting intellectual property rights is well placed.

This leads me to an interesting issue. What legal protection do developers have when they post an app on-line? The range of intellectual property protection methods are Utility Patents, Design Patents, Copyrights and Trademarks. Each of these registered intellectual property schemes have certain uses and weaknesses.  

Apps generally can be protected by copyrights, since they contain unique lines of code that can be recorded in written form and thus be protected from those who would copy that code to use without permission from the author. Some apps might qualify for utility patents since they operate devices and have unique functions. Copyrights are much cheaper and easier to obtain than patents, but each have uses in Federal Court, should a legal dispute arise.  

I suspect ideas will be ripped off left and right as "hobby app creator" software becomes available for both the Android and iOS platforms. I have coined the term "hobby apps" to
differentiate the apps created by professional developers from the drag and drop simple app developer programs that are coming. These hobby app creator programs will allow anyone to create simple apps using a visual set of templates that are manipulated on-screen to create a simple app. You can name the app, use artwork and get it to do cool things. You can then post it on line for the general public to download for a fee or for free.  

I see professionals scouring the hobby apps posted on-line for good ideas to use for more professionally developed apps that are much more sophisticated and better designed. Here is the problem: how does Apple or Google handle disputes over who wrote what? Do they just post apps on-line with a disclaimer that they are not responsible for intellectual property disputes without a legal opinion or document to support such rights?

The experience of the App industry so far, is that Apple does seek to protect copyrights and patents when a dispute comes up. I have an old copy of Tris still running on my iPhone. That app was so close to Tetris that when the owners of Tetris complained to Apple and presented documentation of their ownership of that protected design, look and feel for their app, Apple pulled Tris from the store, since it obviously was a knock off.

Another scenario that we are bound to see are hobby apps that are posted on-line that steal the look and feel of professional apps and violate copyrights or patents. Any new industry or major technology face novel legal issues that are worked out over time. Apps stores are just beginning to see all these legal issues coming up. Apple must continue to respect intellectual property rights in app, songs, books and software programs to be a success in their app store "go to market" system. I know they are up to it.  he fluke use of someone else's art work is not the norm, and I am glad Apple made peace over it.  

Finally, Apple needs a vice president of Public Relations Management. As the company has grown larger, the gaffs and PR embarrassments need to be more quickly settled. It is taking the ivory palace in Cupertino way too long to respond to PR flaps. The normal secret and press wary Apple needs to be able to open up when an issue comes up much sooner than they have been responding recently. 

(Greg Mills is currently a Faux Artist in Kansas City. Formerly a new product R&D man for the paint sundry market, he holds 11 US patents. He's working on a solar energy startup using a patent pending process of turning waste dual pane glass into thermal solar panels used to heat water. Married, with one daughter still at home, Greg writes for intellectual web sites and Mac related issues. See Greg's web sites at http://www.gregmills.info . He can be emailed at gregmills.mac.)

 

Community Search:
MacTech Search:

Software Updates via MacUpdate

Herald 5.0.2 - Notification plugin for M...
Note: Versions 2.1.3 (for OS X 10.7), 3.0.6 (for OS X 10.8), and 4.0.8 (for OS X 10.9) are no longer supported by the developer. Herald is a notification plugin for Mail.app, Apple's Mac OS X email... Read more
DEVONthink Pro 2.8.3 - Knowledge base, i...
Save 10% with our exclusive coupon code: MACUPDATE10 DEVONthink Pro is your essential assistant for today's world, where almost everything is digital. From shopping receipts to important research... Read more
Boom 2 1.0.1 - System-wide pro audio app...
Boom 2 is a system-wide volume booster and equalizer app that is designed especially for OS X 10.10 Yosemite. It comes with a smart interface, self-calibrates itself according to your Mac, offers... Read more
Apple Security Update 2015-001 - For OS...
Apple Security Update 2015-001 is recommended for all users and improves the security of OS X. For detailed information about the security content of this update, please visit: http://support.apple.... Read more
Drive Genius 4.0.1 - Powerful system uti...
Drive Genius 4 gives you faster performance from your Mac while also protecting it. The award-winning and improved DrivePulse feature alerts you to hard drive issues before they become major problems... Read more
Yosemite Cache Cleaner 9.0.3 - Clear cac...
Yosemite Cache Cleaner is an award-winning general purpose tool for OS X. YCC makes system maintenance simple with an easy point-and-click interface to many OS X functions. Novice and expert users... Read more
xScope 4.1.1 - Onscreen graphic measurem...
xScope is powerful set of tools that are ideal for measuring, inspecting, and testing on-screen graphics and layouts. Its tools float above your desktop windows and can be accessed via a toolbar,... Read more
OS X Yosemite 10.10.2 - Apple's lat...
OS X Yosemite is Apple's newest operating system for Mac. An elegant design that feels entirely fresh, yet inherently familiar. The apps you use every day, enhanced with new features. And a... Read more
Apple iOS 8.1.3 - The latest version of...
The latest version of iOS can be downloaded through iTunes. Apple iOS 8 comes with big updates to apps you use every day, like Messages and Photos. A whole new way to share content with your family.... Read more
SpamSieve 2.9.19 - Robust spam filter fo...
SpamSieve is a robust spam filter for major email clients that uses powerful Bayesian spam filtering. SpamSieve understands what your spam looks like in order to block it all, but also learns what... Read more

Storm & Skye – Magical Adventure Sto...
Storm & Skye – Magical Adventure Story For Kids Review By Amy Solomon on January 28th, 2015 Our Rating: iPhone App - Designed for the iPhone, compatible with the iPad The first book in the Storm & Skye series includes... | Read more »
New WOTA: U-Boat Compass ‘Wets’ Your App...
New WOTA: U-Boat Compass ‘Wets’ Your Appetite for WOTA: Wolves of the Atlantic. Posted by Jessica Fisher on January 27th, 2015 [ permalink ] Universal App - Designed for iPhone and iPad | Read more »
Warship Solitaire Review
Warship Solitaire Review By Nadia Oxford on January 27th, 2015 Our Rating: :: A WAR OF NUMBERSUniversal App - Designed for iPhone and iPad Warship Solitaire might lack frills and looks, but it offers some thought provoking... | Read more »
Keep Track of Your Hectic Work Schedule...
Keep Track of Your Hectic Work Schedule With Shifts Posted by Jessica Fisher on January 27th, 2015 [ permalink ] iPhone App - Designed for the iPhone, compatible with the iPad | Read more »
All Star Quarterback Review
All Star Quarterback Review By Campbell Bird on January 27th, 2015 Our Rating: :: PLAY YOUR PARTUniversal App - Designed for iPhone and iPad Train your way to the Super Bowl in this free-to-play sports management game.   | Read more »
Sentinel 4: Dark Star Adds New Campaign...
Sentinel 4: Dark Star Adds New Campaign and More Posted by Ellis Spice on January 27th, 2015 [ permalink ] Universal App - Designed for iPhone and iPad | Read more »
Wheel & Deal Review
Wheel & Deal Review By Tre Lawrence on January 27th, 2015 Our Rating: :: SIMPLE FUNUniversal App - Designed for iPhone and iPad A simple arcade shooter that has a retro feel.   | Read more »
Join the NAVY in a Big New Update for WW...
Join the NAVY in a Big New Update for WW2: Sandbox. Strategy & Tactics Posted by Jessica Fisher on January 27th, 2015 [ permalink ] Universal App - Designed for iPhone and iPad | Read more »
Earthworm Alchemy Review
Earthworm Alchemy Review By Campbell Bird on January 27th, 2015 Our Rating: :: FEED THE WORMUniversal App - Designed for iPhone and iPad Feed this funny looking worm and dodge bombs in this charming, free-to-play arcade game.   | Read more »
Graphic Novel App netwars – The Butterfl...
Graphic Novel App netwars – The Butterfly Attack has Received Some New Episodes Posted by Jessica Fisher on January 27th, 2015 [ permalink ] | Read more »

Price Scanner via MacPrices.net

New Good Management Suite Simplifies Enterpri...
Good Technology has announced the availability of the Good Management Suite, a comprehensive cross-platform solution for organizations getting started with mobile business initiatives. Built on the... Read more
15-inch 2.0GHz Retina MacBook Pro (refurbishe...
The Apple Store has Apple Certified Refurbished previous-generation 15″ 2.0GHz Retina MacBook Pros available for $1489 including free shipping plus Apple’s standard one-year warranty. Their price is... Read more
15-inch 2.5GHz Retina MacBook Pro on sale for...
Amazon has the 15″ 2.5GHz Retina MacBook Pro on sale for $2319.99 including free shipping. Their price is $180 off MSRP, and it’s the lowest price available for this model from any reseller. Read more
iPad Turns Five – The ”Book Mystique
Five years ago this week, the late Steve Jobs took the stage at an Apple special press event to unveil the first Apple iPad — a slab-shaped, hand-holdable device that was to shake the personal... Read more
Sale! 15-inch Retina MacBook Pros for up to $...
B&H Photo has the new 2014 15″ Retina MacBook Pros on sale for $150 off MSRP for a limited time. Shipping is free, and B&H charges NY sales tax only: - 15″ 2.2GHz Retina MacBook Pro: $1889.99... Read more
Apple refurbished Mac minis for up to $150 of...
The Apple Store has restocked Apple Certified Refurbished 2014 Mac minis, with models available starting at $419. Apple’s one-year warranty is included with each mini, and shipping is free: - 1.4GHz... Read more
Apple Releases New Tranche Of OS Updates For...
Apple has released incremental bugfix and security updates for its most recent Mac and iOS versions. OS X Yosemite 10.10.2 Update Apple says this update includes the following improvements: Resolves... Read more
Samsung To Be Main Supplier Of A9 Chips For i...
Korea’s Maeil Business Newspaper reports that Samsung has beat out its chipmaking rivals, Taiwan’s Qualcomm and TSMC, as supplier of chipsets for the next generations of both its own Galaxy S6 and... Read more
Save up to $340 on iMacs with Apple Certified...
The Apple Store has Apple Certified Refurbished iMacs available for up to $340 off the cost of new models. Apple’s one-year warranty is standard, and shipping is free. These are the best prices on... Read more
AppleCare Protection Plans on sale for up to...
B&H Photo has 3-Year AppleCare Warranties on sale for up to $105 off MSRP including free shipping plus NY sales tax only: - Mac Laptops 15″ and Above: $244 $105 off MSRP - Mac Laptops 13″ and... Read more

Jobs Board

*Apple* Systems Engineer - Pre Sales, Educat...
…is responsible for proactively providing technical expertise to drive sales of Apple solutions into assigned accounts. The SE architects, validates, and assists in Read more
*Apple* Solutions Consultant - Retail Sales...
As an ambassador of the Apple brand, the ASC is accountable for driving sales performance by: Connecting with customers. Discovering customers' needs and values. Showing Read more
*Apple* Solutions Consultant - Retail Sales...
As an ambassador of the Apple brand, the ASC is accountable for driving sales performance by: Connecting with customers. Discovering customers' needs and values. Showing Read more
*Apple* Tree Children's Center is hirin...
Apple Tree Learning Center is Hiring Preschool Teachers! Phoenix Childrens Academy is a national leader in the early childhood education industry and we are currently Read more
*Apple* Solutions Consultant - Retail Sales...
**Job Summary** As an Apple Solutions Consultant (ASC) you are the link between our customers and our products. Your role is to drive the Apple business in a retail Read more
All contents are Copyright 1984-2011 by Xplain Corporation. All rights reserved. Theme designed by Icreon.