Originally Posted by BestKeptSecret
Apple's approval process seems to be a general checklist of whether or not the App adheres to some basic rules. If Apple were to do due diligence of each and every app, we wouldn't have 700,000 apps on the store.
I have seen bootlegs (toys & CDs) making it into reputed chains. This is the same case.
The straightforward way would be to send Apple a cease-and-desist which I'm sure Apple would respond to and remove the offending app and ban the developer as well. But why ask nicely when you can squeeze for some money right?
I guess it comes with the territory. Apple is so big that it is ****ed if they do and ****ed if they don't. If they allow such apps to slip in without extensively checking the contents, then they wind up getting sued. If they spend inordinate amounts of time trying to verify an app, they are ****ed for dragging their feet on the approval process.
And with respect to the Proview settlement, maybe Apple did the wisest thing they could do at the time. I am sure they were aware of the ramnifications of a settlement and were expecting such lawsuits.
BTW, what happened to the guy who registered the leaked iPhone design? Will that circus unfold only after the iPhone releases in China? Would part of Apple's deal with China Mobile be to that they quash that silly bug so it doesn't irritate Apple?
Yeah, unfortunately Apple can get nailed for this. eBay got sued in the UK, I believe it was, because people were selling counterfeit designer products (Gucci handbags, etc.), I believe eBay got nailed for something like $49 Million because of the number of violations and POSSIBlY because they might not have pulled the content down in a timely manner, but I didn't see the exact transcripts of the case, but just a simple newspaper article writing some superficial accounting of what transpired.
This is the trouble companies are exposed to and unfortunately, there is no publishing company that is supposed to do their due diligence to ensure that Applications are certified BEFORE they get distributed. What I mean, is that in the music/film industry, there are companies that have attorneys on staff or retainer that get involved, there are people that work at publishing companies and they do what they are supposed to in order to verity that all parties have signed legal contracts properly releasing the content to distribution companies and retail stores and there are attorneys along the way certifying with copies of the proper contracts. But this independent method of creating, distributing and selling content is so open to violations because it doesn't go through a series of attorneys ensuring content is legal and backed up with proper contracts.
Apple, in the case of Apps being posted, go through a series of checks to ensure that it is not malware and I guess since Apple isn't a book publishing company, it is hard for them to do the kind of research ahead of time to prevent this. Personally, I think Apple should sue the party that posted it and the courts should automatically grant them the ability to recoup the attorney fees, court costs, and fines that Apple has to pay and then the party that posted it might have to see some jail time. I do believe in THIS case, Apple acted quickly to remove the content which would be un-willful, which would carry a less of a fine than if they acted in a willful manner if they didn't pull the content down in a timely fashion.
The DMCA laws in the US do state that parties are held liable if the are profiting, acting as an agent, or willfully do not pull the content down within 14 days after being notified and I'm sure China has similar laws to protect people in the posting and sale of illegal content over the internet.
I'm not an attorney, but this is my understanding. If an attorney knows differently let me know.
Maybe the application industry should have some sort of publishing company created to not only check for plagiarism, malware, and other illegal applications from being distributed and sold on the market.