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Apple describes Amazon Appstore as 'inferior' and a security threat

post #1 of 48
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In a new filing in its ongoing legal battle to protect the "App Store" trademark, Apple said it is worried that users will confuse the iOS App Store with Amazon's "inferior" product, which it described as a potential security concern for mobile devices.

This week, Apple issued the new filing in its ongoing complaint against Amazon. Discovered by Computerworld, it criticizes Amazon's Appstore for Android for bypassing "security safeguards" on the mobile operating system, "thereby increasing the potential harm of viruses and malware to customers' Android devices."

"Amazon mischaracterizes Apple's tarnishment claim," Apple's filing reads. "Apple has not asserted that the Android operating system is inferior. Rather, Apple has asserted that Amazon's service is inferior and will tarnish Apple's mark."

The Amazon Appstore for Android competes with Google's own official Android Market. Apple, in court documents, noted that the Amazon digital storefront offers applications for Android devices that have been "rooted," which makes them even more vulnerable to security breaches.

"Even non-'rooted' Android-based devices have experienced significant security breaches," Apple wrote. "Last week, moreover, Google announced another 30 Android-based software applications were infected by malware."

Apple's aggressive legal strategy is in the interest of maintaining a trademark for the App Store name. Failure to defend such marks can result in them being considered part of the general language. In addition to Amazon, Microsoft has also argued in court that Apple's "App Store" trademark application should be considered too generic to be fairly registered.



Apple has countered by arguing that before its App Store for the iPhone debuted in 2008, businesses did not commonly use the words "app store" together to describe download services.

Despite Apple's legal action, Amazon opened its Appstore for Android in March. The online retailer has asserted that it and anyone else should be free to use the term "app store" for their products or services.

Amazon also began taking on Apple's Mac App Store in May with the launch of its own Mac Download Store. The online software storefront offers direct downloads of more than 250 titles -- including some not found in the Mac App Store, like Microsoft's Office for Mac suite. But unlike its Android service, Amazon's Mac Download Store does not use the word "app" to describe itself or the products it offers.
post #2 of 48
Quote:
Originally Posted by AppleInsider View Post

In a new filing in its ongoing legal battle to protect the "App Store" trademark, Apple said it is worried that users will confuse the iOS App Store with Amazon's "inferior" product, which it described as a potential security concern for mobile devices.

I buy that. There are an awful lot of people who would definitely confuse the 2 App Stores. All you need is about 3 years experience in retail to know that.
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post #3 of 48
If Apple don't win someone should open an new web site called Amazon OnLine Store. It's just the name of a river after all.
Been using Apple since Apple ][ - Long on AAPL so biased
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Been using Apple since Apple ][ - Long on AAPL so biased
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post #4 of 48
Quote:
Originally Posted by Joseph L View Post

Amazon should rename it the Malware Store, but that is too honest for the likes of Android Merchants.

What malware has been distributed from Amazon?
post #5 of 48
Quote:
Originally Posted by island hermit View Post

I buy that. There are an awful lot of people who would definitely confuse the 2 App Stores. All you need is about 3 years experience in retail to know that.

Agreed. This is an inspired legal approach. Demonstrates how this could harm Apple's image, rather than just making the allegation.
post #6 of 48
Quote:
Originally Posted by island hermit View Post

I buy that. There are an awful lot of people who would definitely confuse the 2 App Stores. All you need is about 3 years experience in retail to know that.

Yrs, people is so stupid that will think Amazon is Apple. The same excuse to no accept Google Voice, people is stupid.
post #7 of 48
The term App Store was not used before Apple opened its AppStore afaik. I always thought AppStore was a play on words - Apple / Application Store.
post #8 of 48
I don't know why Apple did this. People will learn not to use Amazon when they get their malware app. People can be responsible for themselves as companies like Amazon should be responsible for itself to at least do some minimal vetting of the apps that go up on it's store.
post #9 of 48
Quote:
Originally Posted by AdonisSMU View Post

I don't know why Apple did this. People will learn not to use Amazon when they get their malware app. People can be responsible for themselves as companies like Amazon should be responsible for itself to at least do some minimal vetting of the apps that go up on it's store.

What malware? Amazon doesn't do ant vetting?
post #10 of 48
Quote:
Originally Posted by paxman View Post

The term App Store was not used before Apple opened its AppStore afaik. I always thought AppStore was a play on words - Apple / Application Store.

People forget that the word 'app' itself wasn't used as short form for applications before NeXT (now Apple), started using it too.

Even the long-form term, 'application' was uncommon anywhere outside of the Mac community until fairly recently. People used to talk about 'programs' and 'executables' instead.

Sadly, I wouldn't be surprised if Apple lost the suit anyway. Everyone seems to have about a two year memory window lately. Anything that happened before that is the distant past. Witness all the idiots talking about how "iOS 5 copies Android" recently, when all the things they supposedly copied were done on other platforms long ago, sometimes by Apple itself.
post #11 of 48
Quote:
Originally Posted by AdonisSMU View Post

I don't know why Apple did this. People will learn not to use Amazon when they get their malware app. People can be responsible for themselves as companies like Amazon should be responsible for itself to at least do some minimal vetting of the apps that go up on it's store.

They are doing it because they invented the word, then they invented the store, then Amazon copied both.

Imagine if Apple started calling the Apple menu, the "Start menu." Don't you think Microsoft would take them to court? Don't you think it would be a giant ignorant slap in the face to Microsoft even if it wasn't technically wrong?

I applaud Apple for trying to stop this crap. Even if they fail, they did the right thing.
post #12 of 48
Quote:
Originally Posted by AdonisSMU View Post

I don't know why Apple did this.

They did it because legally they have to. Unlike patents where you can wait months and even years for someone to turn a decent profit before you scream foul, trademarks must be protected or you will lose them. Apple's registration was all but approved when Microsoft filed their complaint so now it is in limbo until the USPTO decides, but meanwhile Apple still has to defend their trademark to show that they are serious about it. With any argument they can think of.


Quote:
Originally Posted by Prof. Peabody View Post

People forget that the word 'app' itself wasn't used as short form for applications before NeXT (now Apple), started using it too.

Apple programs are even .app rather than .exe

Quote:
Witness all the idiots talking about how "iOS 5 copies Android" recently, when all the things they supposedly copied were done on other platforms long ago, sometimes by Apple itself.

Yep. Everything is either natural growth or was copied from a prior art. Including Android sometimes copying iOS prior art. Or amusingly copied from the works of iOS jailbreaks as a way to be able to yell "Droid does"

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post #13 of 48
Quote:
Originally Posted by Joseph L View Post

Potential security concern? Howzabout "a verified cesspool of malware from miscreants"?

No reason to beat around the bush. You use Android, and you download an app, and the next thing you know, everyone in your address book is infected so their phone gets bricked. I'll stick with the REAL App Store, thankyouverymuch. Amazon should rename it the Malware Store, but that is too honest for the likes of Android Merchants.

This board is really going down hill.
post #14 of 48
Quote:
Originally Posted by Prof. Peabody View Post

People forget that the word 'app' itself wasn't used as short form for applications before NeXT (now Apple), started using it too.

False. People have used "app" as short form for application forms (i.e. job app) and software years before NeXT ever existed.
post #15 of 48
Quote:
Originally Posted by Gwydion View Post

Yrs, people is so stupid that will think Amazon is Apple. The same excuse to no accept Google Voice, people is stupid.

I don't know wether to laugh, cry, or both after reading this post.
post #16 of 48
Quote:
Originally Posted by Gunslinger View Post

I don't know wether to laugh, cry, or both after reading this post.


Well, I would like to believe it's another case of ESL but who can say?
post #17 of 48
This whole hullabaloo is such a petty issue. Can the terms "Appstore or App Store" be trademarked? Who cares. In my humble opinion they are all wrong. If I have an Apple product I go to their store. If I have a Google or Microsoft product, etc., I go to their store. Seems like a lot of corporate attorney's don't have enough to do. Spend more money on R&D (Or reduce prices) and a lot less on litigation.
post #18 of 48
Quote:
Originally Posted by Joseph L View Post

Potential security concern? Howzabout "a verified cesspool of malware from miscreants"?

No reason to beat around the bush. You use Android, and you download an app, and the next thing you know, everyone in your address book is infected so their phone gets bricked. I'll stick with the REAL App Store, thankyouverymuch. Amazon should rename it the Malware Store, but that is too honest for the likes of Android Merchants.

Wow, commenting on something you know nothing about. You must feel so smart.

Gotta love the internet!
post #19 of 48
Quote:
Originally Posted by Prof. Peabody View Post

People forget that the word 'app' itself wasn't used as short form for applications before NeXT (now Apple), started using it too.

Even the long-form term, 'application' was uncommon anywhere outside of the Mac community until fairly recently. People used to talk about 'programs' and 'executables' instead.

I think you are mistaken. Application programmer was a well known job title going back at least to the 1970's, in the IBM mainframe world. I know because I was one and I worked on applications.
post #20 of 48
If the term, AppStore is too vague, then Apple should come out with a version of Linux, and name it Windows. After-all, they had windowing OSs before M$ did...
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post #21 of 48
Quote:
Originally Posted by Negafox View Post

False. People have used "app" as short form for application forms (i.e. job app) and software years before NeXT ever existed.

Relevance?
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post #22 of 48
Quote:
Originally Posted by quinney View Post

I think you are mistaken. Application programmer was a well known job title going back at least to the 1970's, in the IBM mainframe world. I know because I was one and I worked on applications.

The word "program" (or is it "programme"!?) was the common parlance, however, rather than "application". Then it shifted to "software".
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post #23 of 48
Quote:
Originally Posted by sennen View Post

The word "program" (or is it "programme"!?) was the common parlance, however, rather than "application". Then it shifted to "software".

Maybe it depended upon where you worked. If you are from a place where "program" is spelled "programme", the common parlance might be different from the S.F. Bay Area, where I worked.

If a shop existed only to write application programs, I could see them shortening it to "programs".
If the shop also managed their own data center, a distinction was made between "systems programmers", who maintained the OS and TP facilities, and "applications programmers" who wrote programs for customers and users within the company. I assure you the distinction was very important to people on either side of the boundary. The pay was quite different also.

"Software programmer" has always seemed redundant to me. Sort of like "tree lumberjack".
post #24 of 48
Curious though, how will someone get an App from the Amazon App Store to install on their iOS device?

If it isn't possible, then how could people get confused since it will simply not work?
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post #25 of 48
Quote:
Originally Posted by camroidv27 View Post

Curious though, how will someone get an App from the Amazon App Store to install on their iOS device?

If it isn't possible, then how could people get confused since it will simply not work?

Answer: They Can't... which makes this entire argument even more ridiculous.
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post #26 of 48
Quote:
Originally Posted by Prof. Peabody View Post

They are doing it because they invented the word, then they invented the store, then Amazon copied both.

No, they didn't invented the word, there was TWO companies before Apple trademarking AppStore
post #27 of 48
Quote:
Originally Posted by Gunslinger View Post

I don't know wether to laugh, cry, or both after reading this post.

It was sarcasm
post #28 of 48
Since Apple launched AppStore there have been a number of "application stores" opened by other operators and not one of them copied Apples name.

Amazon did it to ride the wave of Apples success.

Palm -app catalog
Microsoft -mobile marketplace
Nokia - ovi store
Samsung - samsung apps
Nintendo - dsi shop
Sony - playstation store
Rim - blackberry app world

Apple have had the app store since July 2008 and NO OTHER MOBILE SOFTWARE COMPANY has used or tried to use the same name till Amazon in March 2011.

http://en.wikipedia.org/wiki/List_of...mobile_devices
post #29 of 48
Quote:
Originally Posted by Gwydion View Post

Yrs, people is so stupid that will think Amazon is Apple. The same excuse to no accept Google Voice, people is stupid.

People are stupid. At least when it comes to technology. They're amazing at running a business, earning big bucks, raising a family, managing stress... but when it comes to simple tech-related things, to them it might as well be magic spun by dark magi dressed in elaborate robes. For example, much of the iOS crowd have never, literally never, ever figured out what syncing is.
post #30 of 48
Quote:
Originally Posted by camroidv27 View Post

Curious though, how will someone get an App from the Amazon App Store to install on their iOS device?

If it isn't possible, then how could people get confused since it will simply not work?

That's why Apple is making this about Amazon being inferior. They're saying that inevitably there will be big security/malware breaches on Amazon, and it will be reported in the press. People will see Amazon APP STORE and get confused, subsequently thinking that their lovely safe Apple APP STORE is affected.

I'm not sure it will fly but that's why they're making this claim - precisely because consumers can't accidentally use the wrong one.
post #31 of 48
Quote:
Originally Posted by nvidia2008 View Post

People are stupid. At least when it comes to technology. They're amazing at running a business, earning big bucks, raising a family, managing stress... but when it comes to simple tech-related things, to them it might as well be magic spun by dark magi dressed in elaborate robes. For example, much of the iOS crowd have never, literally never, ever figured out what syncing is.

Gwydion said his reply was just sarcasm... if that's the case then he has no idea what it's like in the retail market place, and, as you said, especially in the technology market place. How many people have I run across who have bought a pc thinking that they could then install the "Apple" software to "make it run". There is a litany of examples showing how little people know about how technology works... like the guy who held the paper up to the screen so that he could fax his message, the woman who typed every fax because she believed that it worked like a telegram (or something) and would not be able to read her hand writing, the woman standing over the paper cutter at the local copy shop wondering where the buttons were so that she could make a copy, my buddy who couldn't figure out why he couldn't find certain things on the internet- not realizing that someone has to enter the data ... and the list goes on...
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post #32 of 48
Quote:
Originally Posted by Gwydion View Post

Yrs, people is so stupid that will think Amazon is Apple. The same excuse to no accept Google Voice, people is stupid.

You'll be amaze how many stupid people are out there..

Quote:
Infinitus Est Numerus Stultorum

~ infinite is the number of fools.
post #33 of 48
Three things:
1) To the person saying Amazon should call it the "Malware Market," do you believe everything you read on the internet? If so, you should send me your credit card information, because it'll magically make you richer. In all seriousness though, I haven't even read about a case where the Amazon Market sent out infected apps. The Android Market, sure, but not the Amazon App Store. Regardless, I'm betting most of the people on this board have never even held an Android device...So I'm amazed at how many of them seem to think they know so much about them.

2) Regardless of whether Apple had used "App Store" for millions of years, this case will come down to whether or not the phrase is "common." If Amazon proves that the word "App Store" is more associated with a store that sells Apps than with Apple (which is what they're aiming at), Amazon will win the case. IT DOESN'T MATTER WHO HAD IT FIRST IF THE WORD IS COMMON. Just ask the original trademarks of escalators, thermostats, and heroin

3) I think Amazon should grow a pair and not piggyback off of Apple's fame. Name the store something unique, and try to make it popular in its own right. At least Android named its App Store something different. Grow up Amazon.
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post #34 of 48
Quote:
Originally Posted by LogicNReason View Post

Three things:
IT DOESN'T MATTER WHO HAD IT FIRST IF THE WORD IS COMMON. Just ask the original trademarks of escalators, thermostats, and heroin :lol.

Or we could ask the makers of Kleenex, Band-Aids, Scotch Tape, Formica, Dumpsters, Jacuzzis, Ping Pong, Super Glue, Popsicles, Velcro and Styrofoam, all of whom still enjoy trademark protections, despite having their product names enter the lexicon as generic terms.
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post #35 of 48
Quote:
Originally Posted by addabox View Post

Or we could ask the makers of Kleenex, Band-Aids, Scotch Tape, Formica, Dumpsters, Jacuzzis, Ping Pong, Super Glue, Popsicles, Velcro and Styrofoam, all of whom still enjoy trademark protections, despite having their product names enter the lexicon as generic terms.

Don't forget Rollerblade, Zamboni, Plexiglass, Xerox oh and of course Google.
post #36 of 48
If by inferior they mean "more open," then I buy that. Otherwise, I don't care--this isn't the same Apple I used to like; it's a profoundly more greedy and sinister version of it.
post #37 of 48
Quote:
Originally Posted by addabox View Post

Or we could ask the makers of Kleenex, Band-Aids, Scotch Tape, Formica, Dumpsters, Jacuzzis, Ping Pong, Super Glue, Popsicles, Velcro and Styrofoam, all of whom still enjoy trademark protections, despite having their product names enter the lexicon as generic terms.

None of those companies have been in a court case over their names. The only two that I could even see being in trouble of their TM being considered generic would be Kleenex and Popsicle.

Check out this link if you want to see some others (my personal favorite is Webster's Dictionary haha). So it doesn't matter whether or not there are others out there. All that matters is that THIS one is actually being brought up to court.


Edit: Some of those people are smart too. Jacuzzi markets their product as "Jacuzzi brand Hot Tubs," which is a failsafe in case someone brings up your name in court as Generic. Same with Ping Pong.

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post #38 of 48
Quote:
Originally Posted by JuanGuapo View Post

If by inferior they mean "more open," then I buy that. Otherwise, I don't care--this isn't the same Apple I used to like; it's a profoundly more greedy and sinister version of it.

A lexicon straight out of the Android astroturfers bible, the paragraph after iOS being too "restricted" which is often parrotted by those who have no idea on what it means.

The security hole occurs because in order to use the Amazon Android programs one has to tick the box in Android settings enabling other sources, which then means the Android device in question can have programs installed from ANY source including malware vendors sites.
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post #39 of 48
Quote:
Originally Posted by hill60 View Post

A lexicon straight out of the Android astroturfers bible, the paragraph after iOS being too "restricted" which is often parrotted by those who have no idea on what it means.

The security hole occurs because in order to use the Amazon Android programs one has to tick the box in Android settings enabling other sources, which then means the Android device in question can have programs installed from ANY source including malware vendors sites.

Ah, someone who actually knows how an Android phone works. Good for you (So many people on this board don't own or even know how Apple/Android products work yet they feel inclined to criticize them).

Anyhow, it is worth noting that while selecting that box does allow you to install apps from any store, Apple would have to argue that it's the Amazon App Store that supplies the malware apps. Just because that box allows other malware-heavy app stores, doesn't mean Amazon's is. If the Amazon App Store is clean they have nothing to argue imo.
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post #40 of 48
Quote:
Originally Posted by Joseph L View Post

No way. It is still headed by Steve, and he's still the same new-age guy he always was. He doesn't even take a salary! I think that proves that he is not in it for the money, but because he wants to help make the world a better place.

Do you actually believe Steve isn't in this for the money?
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