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

Apple iOS 10.2.1 - The latest version of...
iOS 10 is the biggest release of iOS ever. A massive update to Messages brings the power of the App Store to your conversations and makes messaging more personal than ever. Find your route with... Read more
Apple Security Update 2016-003 Supplemen...
Apple Security Update 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.com/kb/... Read more
Apple macOS Sierra 10.12.3 - The latest...
With Apple macOS Sierra, Siri makes its debut on Mac, with new features designed just for the desktop. Your Mac works with iCloud and your Apple devices in smart new ways, and intelligent... Read more
BetterTouchTool 1.992 - Customize Multi-...
BetterTouchTool adds many new, fully customizable gestures to the Magic Mouse, Multi-Touch MacBook trackpad, and Magic Trackpad. These gestures are customizable: Magic Mouse: Pinch in / out (zoom... Read more
Viber 6.5.5 - Send messages and make cal...
Viber lets you send free messages and make free calls to other Viber users, on any device and network, in any country! Viber syncs your contacts, messages and call history with your mobile device, so... Read more
Opera 42.0.2393.137 - High-performance W...
Opera is a fast and secure browser trusted by millions of users. With the intuitive interface, Speed Dial and visual bookmarks for organizing favorite sites, news feature with fresh, relevant content... Read more
iClock Pro 3.4.7 - Customize your menuba...
iClock Pro is a menu bar replacement clock for Apple's default clock. iClock Pro is an update, total rewrite and improvement to the popular iClock. Have the day, date and time in different fonts and... Read more
PhotoDesk 4.1.5 - Instagram client for p...
PhotoDesk lets you view, like, comment, and download Instagram pictures/videos. (NO Uploads! / Image Posting! Instagram forbids that! AND you need an existing Instagram account). But you can do so... Read more
Capo 3.5.1 - Slow down and learn to play...
Capo lets you slow down your favorite songs so you can hear the notes and learn how they are played. With Capo, you can quickly tab out your songs atop a highly-detailed OpenCL-powered spectrogram... Read more
HandBrake 1.0.2 - Versatile video encode...
HandBrake is a tool for converting video from nearly any format to a selection of modern, widely supported codecs. Features Supported Sources VIDEO_TS folder, DVD image or real DVD (unencrypted... Read more

Collect pets and sling arrows in Arcane...
Mobile gaming is a crowded market, but regular updates are a good way to keep us attention-short players keen. The brand new content in Arcane Online is a prime example. Published by Japanese developer Gala, Arcane Online is a fantasy MMO that... | Read more »
Super Mario Run dashes onto Android in M...
Super Mario Run was one of the biggest mobile launches in 2016 before it was met with a lukewarm response by many. While the game itself plays a treat, it's pretty hard to swallow the steep price for the full game. With that said, Android users... | Read more »
WarFriends Beginner's Guide: How to...
Chillingo's new game, WarFriends, is finally available world wide, and so far it's a refreshing change from common mobile game trends. The game's a mix of tower defense, third person shooter, and collectible card game. There's a lot to unpack here... | Read more »
Super Gridland (Entertainment)
Super Gridland 1.0 Device: iOS Universal Category: Entertainment Price: $1.99, Version: 1.0 (iTunes) Description: Match. Build. Survive. "exquisitely tuned" - Rock Paper Shotgun No in-app purches, and no ads! | Read more »
Red's Kingdom (Games)
Red's Kingdom 1.0 Device: iOS Universal Category: Games Price: $4.99, Version: 1.0 (iTunes) Description: Mad King Mac has kidnapped your father and stolen your golden nut! Solve puzzles and battle goons as you explore and battle your... | Read more »
Turbo League Guide: How to tame the cont...
| Read more »
Fire Emblem: Heroes coming to Google Pla...
Nintendo gave us our first look at Fire Emblem: Heroes, the upcoming mobile Fire Emblem game the company hinted at last year. Revealed at the Fire Emblem Direct event held today, the game will condense the series' tactical RPG combat into bite-... | Read more »
ReSlice (Music)
ReSlice 1.0 Device: iOS Universal Category: Music Price: $9.99, Version: 1.0 (iTunes) Description: Audio Slice Machine Slice your audio samples with ReSlice and create flexible musical atoms which can be triggered by MIDI notes or... | Read more »
Stickman Surfer rides in with the tide t...
Stickson is back and this time he's taken up yet another extreme sport - surfing. Stickman Surfer is out this Thursday on both iOS and Android, so if you've been following the other Stickman adventures, you might be interested in picking this one... | Read more »
Z-Exemplar (Games)
Z-Exemplar 1.4 Device: iOS Universal Category: Games Price: $3.99, Version: 1.4 (iTunes) Description: | Read more »

Price Scanner via MacPrices.net

Deal alert! 13-inch 2.0GHz MacBook Pros for $...
B&H Photo has the new 2016 13″ 2.0GHz non-Touch Bar MacBook Pros in stock today and on sale for $225 off MSRP. Shipping is free, and B&H charges NY sales tax only: - 13″ 2.0GHz MacBook Pro... Read more
Free LibreOffice Portable 5.2.4 Complete Offi...
PortableApps.com and The Document Foundation have announce the release of LibreOffice Portable 5.2.4. LibreOffice Portable is an Open Source full-featured office suite — including a word processor,... Read more
Apple Planning Three New Tablets For 2017 – D...
Digitimes’ Rebecca Kuo and Joseph Tsai say that unnamed insider sources report Apple having three new tablets in the pipeline for 2017 release: a 9.7-inch model with a friendly price range, a new mid... Read more
Roundup of 15-inch Touch Bar MacBook Pro sale...
B&H Photo has the new 2016 15″ Apple Touch Bar MacBook Pros in stock today and on sale for up to $150 off MSRP. Shipping is free, and B&H charges NY sales tax only: - 15″ 2.7GHz Touch Bar... Read more
Apple refurbished iPad Pros available for up...
Apple has Certified Refurbished 9″ and 12″ Apple iPad Pros available for up to $160 off the cost of new iPads. An Apple one-year warranty is included with each model, and shipping is free: - 32GB 9″... Read more
16GB iPad Air 2, Apple refurbished, available...
Apple has Certified Refurbished 16GB iPad Air 2s available for $319 including free shipping. A standard Apple one-year is included. Their price is $60 off original MSRP for this model. Read more
Apple iMacs on sale for up to $120 off MSRP
B&H Photo has 21″ and 27″ Apple iMacs on sale for up to $120 off MSRP, each including free shipping plus NY sales tax only: - 27″ 3.3GHz iMac 5K: $2199 $100 off MSRP - 27″ 3.2GHz/1TB Fusion iMac... Read more
Apple refurbished Apple TVs available for up...
Apple has Certified Refurbished 32GB and 64GB Apple TVs available for up to $30 off the cost of new models. Apple’s standard one-year warranty is included with each model, and shipping is free: -... Read more
Save up to $350 with Apple Certified Refurbis...
Apple has Certified Refurbished 2015 21″ & 27″ iMacs available for up to $350 off MSRP. Apple’s one-year warranty is standard, and shipping is free. The following models are available: - 21″ 3.... Read more
2015 12-inch Retina MacBooks, Apple refurbish...
Apple has Certified Refurbished 2015 12″ Retina MacBooks available for up to $410 off original MSRP. Apple will include a standard one-year warranty with each MacBook, and shipping is free. The... Read more

Jobs Board

*Apple* & PC Desktop Support Technician...
Apple & PC Desktop Support Technician job in Stamford, CT We have immediate job openings for several Desktop Support Technicians with one of our most well-known Read more
*Apple* Retail - Multiple Positions - Apple,...
Job Description: Sales Specialist - Retail Customer Service and Sales Transform Apple Store visitors into loyal Apple customers. When customers enter the store, Read more
*Apple* Site Security Manager - Apple (Unite...
# Apple Site Security Manager Job Number: 54692472 Culver City, California, United States Posted: Jan. 19, 2017 Weekly Hours: 40.00 **Job Summary** The Apple Read more
*Apple* macOS Systems Integration Administra...
…most exceptional support available in the industry. SCI is seeking an Junior Apple macOS systems integration administrator that will be responsible for providing Read more
*Apple* Retail - Multiple Positions- Deer Pa...
Job Description: Sales Specialist - Retail Customer Service and Sales Transform Apple Store visitors into loyal Apple customers. When customers enter the store, Read more
All contents are Copyright 1984-2011 by Xplain Corporation. All rights reserved. Theme designed by Icreon.