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.)

 
AAPL
$100.11
Apple Inc.
-0.64
MSFT
$46.44
Microsoft Corpora
+0.03
GOOG
$576.36
Google Inc.
-0.74

MacTech Search:
Community Search:

Software Updates via MacUpdate

SyncTwoFolders 2.0.5 - Syncs two user-sp...
SyncTwoFolders simply synchronizes two folders. It supports synchronization across mounted network drives and it is a possibility to run a simulation showing in a log what will be done. Please visit... Read more
FinderPop 2.5.7 - Classic Mac utility, n...
FinderPop is a Universal preference pane that extends OS X's contextual menus using a FinderPop Items folder much as the Apple Menu Items folder used to do for the Apple menu. It has other features... Read more
VueScan 9.4.45 - Scanner software with a...
VueScan is a scanning program that works with most high-quality flatbed and film scanners to produce scans that have excellent color fidelity and color balance. VueScan is easy to use, and has... Read more
LibreOffice 4.3.2.2 - Free Open Source o...
LibreOffice is an office suite (word processor, spreadsheet, presentations, drawing tool) compatible with other major office suites. The Document Foundation is coordinating development and... Read more
calibre 2.4 - Complete e-library managem...
Calibre is a complete e-book library manager. Organize your collection, convert your books to multiple formats, and sync with all of your devices. Let Calibre be your multi-tasking digital... Read more
Default Folder X 4.6.9b1 - Enhances Open...
Default Folder X attaches a toolbar to the right side of the Open and Save dialogs in any OS X-native application. The toolbar gives you fast access to various folders and commands. You just click... Read more
Beamer 2.0.4 - Stream any movie file fro...
Beamer streams to your Apple TV.... Plays any movie file - Just like the popular desktop movie players, Beamer accepts all common formats, codecs and resolutions. AVI, MKV, MOV, MP4, WMV, FLV. To... Read more
Adobe Premiere Elements 13.0 - Consumer...
Adobe Premiere Elements just got better. Now you can create quick movies from favorite parts of your clips or tell big life stories in full-on productions. Add motion inside movie titles, punch up... Read more
Boom 1.9.2 - System-wide volume booster...
Boom is a system-wide volume booster and equalizer that effortlessly improves the sound of your Mac. Using Boom is easy. It works like the volume controls of your Mac to boost the sound; making it a... Read more
Amadeus Pro 2.1.7 - Multitrack sound rec...
Amadeus Pro lets you use your Mac computer for any audio-related task, such as live audio recording, digitizing tapes and records, converting between a variety of sound formats, etc. Thanks to its... Read more

Latest Forum Discussions

See All

This Week at 148Apps: September 22-26, 2...
Your Source For The Latest App Reviews   | Read more »
Kill Shot Review
Kill Shot Review By Jennifer Allen on September 29th, 2014 Our Rating: :: OCCASIONAL MISFIRESUniversal App - Designed for iPhone and iPad Kill Shot is often satisfying, but its more than pushy in-app purchases will leave you... | Read more »
It Came From Canada: Vainglory
I’m going to be straight you with folks. I don’t know much about MOBAs, and I’m certainly no professional. That means I don’t know how well Vainglory, the upcoming multiplayer online battle arena showcased in the most recent Apple keynote, compares... | Read more »
The Tunnel – An Endless Fall Review
The Tunnel – An Endless Fall Review By Nadia Oxford on September 29th, 2014 Our Rating: :: FREE FALLIN' Universal App - Designed for iPhone and iPad The Tunnel – An Endless Fall is a bit harder to get the hang of than most “endless... | Read more »
Ubisoft Launches Just Dance Now in the A...
Ubisoft Launches Just Dance Now in the App Store Worldwide Posted by Jessica Fisher on September 29th, 2014 [ permalink ] Universal App - Designed for iPhone and iPad | Read more »
For Better, or for Worse? How the New Ap...
With the release of iOS 8 (finally), Apple has made some noticeable changes on the App Store – bundles, videos, and Testflight integration, to name a few. Many of these additions will make things friendlier for App Store shoppers, but how has it... | Read more »
Asphalt Overdrive Review
Asphalt Overdrive Review By Jennifer Allen on September 29th, 2014 Our Rating: :: SHORT LIVED ADRENALINEUniversal App - Designed for iPhone and iPad Asphalt Overdrive is a fairly simple auto-running racing game, but one that’s... | Read more »
Kritika: Wrath of the Pirate King Update...
Kritika: Wrath of the Pirate King Update Introduces New Class: Shadow Mage. Posted by Jessica Fisher on September 29th, 2014 [ permalink ] | Read more »
Vampire Tribunals Review
Vampire Tribunals Review By Campbell Bird on September 29th, 2014 Our Rating: iPhone App - Designed for the iPhone, compatible with the iPad Hunt other vampires in the “real world” in this location-based multiplayer game.   | Read more »
Simogo Tease The Sailor’s Dream Via Thei...
Simogo Tease The Sailor’s Dream Via Their New Trailer Posted by Ellis Spice on September 29th, 2014 [ permalink ] A new trailer has arrived for the newest title from Device 6 and | Read more »

Price Scanner via MacPrices.net

Apple Releases OS X Mavericks bash Update 1.0...
Apple has released a patch update for OS X Mavericks users to address the recently-detected “Shellshock” security bug in BSD UNIX’s bash shell. Apple says only a few Mac users who had manually... Read more
Pivotal Payments Ready for Apple Pay – FlexPo...
Pivotal Payments, a provider of merchant services and global payment processing solutions, has announced its proprietary FlexPoint platform will support credit and debit transactions through Apple’s... Read more
iStabilizer Announces Tabarm — First Friction...
iStabilizer, a specialist in universal lightweight compact tripods, steady cams, dollies, mounts, and remotes for smartphones, tablets, and cameras, announced today the iStabilizer tabArm, the first... Read more
IStabilizer Flex Smartphone Tripod Wins Usa T...
iStabilizer, a specialist in universal lightweight compact tripods, steady cams, and other products for smartphones, tablets, and cameras, has announced today that its iStabilizer Flex smartphone... Read more
13-inch 2.8GHz Retina MacBook Pro on sale for...
B&H Photo has the new 2014 13″ 2.8GHz Retina MacBook Pro on sale for $1699.99 including free shipping plus NY sales tax only. They’ll also include free copies of Parallels Desktop and LoJack for... Read more
15-inch Retina MacBook Pros on sale for up to...
B&H Photo has the new 2014 15″ Retina MacBook Pros on sale for up to $150 off MSRP. Shipping is free, and B&H charges NY sales tax only. They’ll also include free copies of Parallels Desktop... Read more
Get Down to Business On Your iPad With Free N...
Utah based Poem LLC has introduced Nexticy 1.0, a full-featured, affordable (Free) forms application for iPad. Nexticy makes it ‘way easy’ to create, store, retrieve and analyze paper-like forms of... Read more
13-inch Retina MacBook Pros on sale for $100...
Best Buy has 13-inch 2.6GHz Retina MacBook Pros on sale for $100 off MSRP on their online store. Choose free shipping or free local store pickup (if available). Prices are for online orders only, in-... Read more
Reports Outline Claimed 12-Inch Macbook Air D...
Blogger Jack March says that according to information he’s received from an anonymous “source familiar with Apple’s plans,” the next-generation MacBook Air will launch in mid-2015 and be available... Read more
Pelican Products, Inc. Debuts Pelican ProGear...
Pelican Products, Inc. has announced its roster of new Pelican ProGear Protector and Pelican ProGear Voyager cases for the Apple iPhone 6 and iPhone 6 Plus. The new Pelican ProGear Protector and... Read more

Jobs Board

*Apple* Retail - Multiple Positions (US) - A...
Sales Specialist - Retail Customer Service and Sales Transform Apple Store visitors into loyal Apple customers. When customers enter the store, you're also the Read more
*Apple* Retail - Multiple Positions (US) - A...
Job Description: Sales Specialist - Retail Customer Service and Sales Transform Apple Store visitors into loyal Apple customers. When customers enter the store, Read more
Senior Event Manager, *Apple* Retail Market...
…This senior level position is responsible for leading and imagining the Apple Retail Team's global event strategy. Delivering an overarching brand story; in-store, Read more
*Apple* Solutions Consultant (ASC) - Apple (...
**Job Summary** The ASC is an Apple employee who serves as an Apple brand ambassador and influencer in a Reseller's store. The ASC's role is to grow Apple Read more
Project Manager / Business Analyst, WW *Appl...
…a senior project manager / business analyst to work within our Worldwide Apple Fulfillment Operations and the Business Process Re-engineering team. This role will work Read more
All contents are Copyright 1984-2011 by Xplain Corporation. All rights reserved. Theme designed by Icreon.