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Apple Legal Rampage; Threatens GetJar over "App Store"; Files 2nd Infringement vs HTC

Discussion in 'Android News' started by dgstorm, Jul 11, 2011.

  1. dgstorm
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    dgstorm Editor in Chief Staff Member Premium Member

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    [​IMG]

    If you were a lawyer working for Apple right now, you would probably both love and hate them; Love them, because of all the money you are making from them, and hate them because of all the endless work they are making you do. You can add two new targets to the legal onslaught coming from the rampaging fruit. Apple has just threatened a lawsuit against GetJar, a 3rd party app store, for using "app store", just like they did with Amazon, telling them to "stop using 'Apps Store'". Luckily, the "little company that could" will not bow to Apple's demands and flatly said, "No." GetJar have decided to stand up to what they call Apple's "bullying". It's almost surprising that Apple is pursuing these legal actions over the term "App Store", because their trademark of it is still being contested by Microsoft in a USPTO case that is still unsettled at this time. And, of course, they are still fighting it out in court with Amazon for the same issue, and even had a legal setback in the case recently.

    Regardless, it appears that the fruit will do what the fruit does, and they aren't stopping there with their legal shenanigans. Apparently, Apple has also filed a 2nd ITC patent infringement complaint against HTC over (publicly) unspecified devices, and seeks to block the import of "personal electronic devices" by HTC. There is no comment from HTC regarding this yet, and, although their previous case with Apple regarding similar issues hasn't been decided yet, it should be finished by August 5th. Perhaps we will know something more then. This is almost precisely what they are doing with Samsung too.

    I am not one to become a fan-boy, or anti-fan-boy, of one company over another. I tend to follow the technology that impresses me the most, even if it comes from a competitor. I admit, that there are several devices from Apple that are very impressive, but when it comes to stuff like this, it really makes me scratch my head. I am all for a company protecting their intellectual property rights, but from the beginning of this, the idea that Apple could trademark something as generic as "app store" just seemed... unjust. When does Apple need to take a step back and reevaluate how their behavior makes them look in the public eye? At what point does "protecting your IP" become "abusing the legal system for strategic market advantage"? Right now, it just seems like Apple is picking on everybody and everything "just because they can." Apple's PR people should rein in the legal department before they irreparably damage the company's reputation, if they haven't already.

    As consumers we really shouldn't desire to see Apple fail in any way. Even if we choose to purchase competing products to Apple, the fact that they are innovative helps push their competitors to make better products. This "cycle" benefits consumers in the long run by continuously evolving the technology, and keeping prices down. Our Androids are better and cheaper because Apple exists. Although I doubt that this negative legal "junk" will actually impact Apple in a big way in the long run, consumers are a fickle bunch, and you just never know what could really destroy a company. It wasn't that long ago that Apple was almost bankrupt. It would not be a good thing to see that again. Share your thoughts.

    You can see GetJar's Blog on the subject, here.

    Source: Engadget and AndroidPolice
    Last edited: Jul 11, 2011
  2. chasehammer
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    chasehammer New Member

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    im going to Threaten Apple over the term "Apple" they werent the first one to use this so they cant use it anymore. I have an apple tree so i own said "apple"

    .....that is about as ridiculous as Apple as of late. Sheesh, its come to the point the court system needs to tell them to STFU!
  3. countrygirl23
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    countrygirl23 New Member

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    If you would type in cell phone company makers sue, majority of them would be Apple. What is going on with them anymore. They refuse to take in some customer wants and make a better phone. Like flash or widgets.

    Hello what are we supposed to call applications from any company who makes or sells them. Um Apple get a grip and just make your phones. I owned Iphone and now I own Android again for the 2nd time and I am sticking with my little green droid guy.
  4. volando
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    volando New Member

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    I think you're preaching to the choir here...

    I never understood people who claim we should just leave Apple alone and not criticize or actively discourage people from buying their products. Yes, they innovate (what successful tech company doesn't?) and competition is always good, but they keep doing crap like this all the time: frivolous lawsuits, screwing developers, locking people into their backwards infrastructure, banning apps willy-nilly, dumbing down computing... you all know the facts.

    This is why I am consciously an anti-fruit activist (anti-fanboy or whatever the proper term is) and will actively argue with people about their shady practices and questionable technical decisions. More people should do this.
  5. eryck22
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    eryck22 New Member

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    This is what happens when companies become threatened by competition. They are starting to feel the heat from competitors like, Moto, HTC and Samsung to name a few. They were first and innovated the cell phone industry however, other companies are surpassing them with dual cores and other stuff so quickly, the only way to compete is to sue or buy.
  6. chewy74
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    chewy74 New Member

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    apple is going to sue you for this thread
    :iphone: <-- and for unauthorized use of iphone icon.


  7. Immolate
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    Immolate New Member

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    Apple's behavior is anti-competitive. Once Apple raged against the machine. Now it is the machine. Nobody likes a bully or a tyrant except those who benefit from the bullying and the tyranny. My sense of drama would like to see them, hat in hand, begging for forgiveness. My sense of justice would like to see them acquired by Samsung. Perhaps then Samsung could make a phone that didn't shatter when glared at.
  8. Limbwalker
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    Limbwalker New Member

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    Apple is some piece of work . . . dancedroid
  9. circsmonky
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    circsmonky Premium Member Premium Member

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    i have an apple computer, even a time capsule as my router. my roommate has an iphone. they make good stuff, they need to get back to doing that not suing.
  10. bigdad63
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    bigdad63 New Member

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    I will never buy another apple product; ever. It's like Henry Ford suing other car companies to stop producing because they used mass production techniques. Not another apple product ever.
  11. kptphalkon
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    kptphalkon New Member

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    i dont mean to say that all this apple legal jump-through-hoops-to-make-a-product shat disdains me from purchasing their stuff. I dont dislike their attitude of simplifying everything for the user. I dont dislike their closed development, their "ours is the best just because we make it" attitude, their backasswards way of touting the latest and greatest only to lock down plain everyday features, the fact that they so far have only created two things in the past 4 years worth noting.

    I hate their outlook. I hate that apple is on the megamonolith path of controlling anything they didnt produce. I hate that through these silly little money and time wasting frivolous lawsuits they are holding other competitors back. I hate that once they stood for everything that was against the conformist attitude of mediocre this-is-what-you-get-and-its-good-enough companies and have now become the 'big brother' entity that their famed 1984 commercial stood for.
  12. kptphalkon
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    kptphalkon New Member

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    stood against*....its late and I need sleep.

    and to sum it all up, that is why I refuse to buy apple products.
  13. Darksthour
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    Darksthour New Member

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    First, I will say that an android forum is a terrible place to post an apple news related post. Positive or negative. Simply because everyone on this forum uses android. I'm not saying you didn't own apple products before but the reason you are here is because you have an android device and a good chance you prefer it. However I will agree with all of the previous posts. I refuse to buy apple products. Mostly because of the fact that when I had an iPod I had to drive 45 minutes to an apple store to fix a problem, stand in line at said store for another 30 minutes for a "genius." All while being harassed by employees checking in to see if I had made an appointment. All while watching the same damn commercial on 25+ computer monitors and TV's the whole time. But this whole I'm apple I'm suing everyone over stupid little sh*t so I don't have competition is the straw that broke the camel's back. Yes apple does make great hardware and software. However that doesn't give you the right to become so self involved that you end up saying that everyone is either copying you or stealing from you. I'm so sick of it. It seems that this type of news is all that on the forums. I honestly wish that someone would just rise up and put apple in it's place with a biblicalesque (think i just made that word up) smite. Not so that I didn't hear about apple becoming bankrupt as a company. Just knock them down a peg or two off their high horse and come back to reality that what they are doing is wrong and they are losing customers and a fan base.
  14. cush2push
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    cush2push Premium Member Premium Member Developer

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    this happens to be the reason why i do not buy or use apple products with the exception of my ipod i bought way back when apple does make great products but i will never get behind a company who does business like this
  15. UNC
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    UNC New Member

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    Nobody should ever sue to protect what they've spent hundreds of millions of dollars developing and marketing.... It's not right.....
  16. circsmonky
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    circsmonky Premium Member Premium Member

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    all companies do stupid stuff like this, apple has just been doing it a lot all at once and to big companies instead of little ones.
  17. fish1552
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    fish1552 Premium Member Premium Member

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    I'm an admitted Apple Hater, and have no problem saying it out loud. I don't have 1 single Apple device in my house and won't. I'm more disgusted with their litigious behavior than I am with MS and their business practices.

    Many people may not even remember Apple was so sue happy back in 1985 that Steve Jobs himself resigned from and was sued by Apple and didn't return until 1996 when the new company he started NeXT Computers was acquired by Apple.

    This does a good job of showing the timeline of Apple and where they went bad and how they lost the war against MS. Microsoft vs. Apple infographic details rivalry from inception to global domination [updated]
  18. Bear in NM
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    Bear in NM Active Member

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    UNC,


    Absolutely Apple or any other company should takes steps to protect what is legally theirs. I think in the case of this thread, the OP made decent points about this going beyond what is legally prudent, although it appears from previous suits the matter is not legally settled.

    By this I mean, take me for example. I do not really have much of an opinion on Apple products, as my Droid phone was my first. When I go into our only real supplier of phone goodies,the local Walmart, all they carry is Iphone/Pad/Pod goodies. And there are tons of them. I usually look them over and actually think it would be so much easier to just switch to Apple, as I do love my accessories. I am sure their phones would do what I ask of a phone, by and large.

    But, I am aware of all the things that Apple has been doing regarding lawsuits, and it does tend to shade me a bit. For the average consumer much of this is not known or obvious, but for me it tends to make me pause and ask at what point does it become silly and counter productive to their overall financial picture and what they spend on actually making a better product. App Store, Application Store? Is it about using the term App or only in conjuction with Store? In my unlegal eyes, application is a term much like software. Some pretty fine lines here.

    And also in my case, the work that I do is technically copyrighted (land surveying and plat preparation). I could spend lots of hours trying to keep folks from making copies of my plats, which are recorded at our courthouse. And play that game, trying to control every aspect of my final product. But, I made the calulations and decided that the amount of ill will that would be heaped on possible clients would not only be a waste of my time, but could actually produce less revenue in the long run. I know of one other Land Surveyor who plays this game, and clients tell me they do not want to use him for anything because he is so difficult to deal with.

    So back to the op, I think it is more than sueing at every possible turn because it is the right thing to do, but evaluating what is the right thing to do. And not just the legal system, but evaluating the marketing side. I think the op was pretty clear about this.

    Craig
  19. kparks
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    kparks Active Member

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    They were first??? What exactly were they first at HTC is one of the most innovative company's in the world. I'm pretty sure HTC beat Apple to the punch in a lot of things.. y don't u give me a list of ppl Apple have not tried to sue didn't they just get beat down by Nokia in court lol..now my ipod might be the greatest thing ever but this is why that will be the only Apple product I will Ever buy

    Sent from my ADR6400L using DroidForums
  20. UNC
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    UNC New Member

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    If Lucas can copyright "Droid" why can't Apple copyright "app store"? I mean all tissues are called "Kleenex" informally but that doesn't mean Wal mart can sell equate brand "Kleenex" they sell tissue.... Post it notes and white out are the same thing.

    Just admit that Android is the pirate of OS's, stolen patents from MS, Apple and Oracle!!! T
    HTC is more than happy to pay MS $10-15 per Android device sold because of infringed patents, I'm sure Apple rightly feels they are owed as well. Samsung and HTC are foreign corporations stealing from an American brand and you guys are all ok with that. Sad.
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