Saturday 23 July 2011

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

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,

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