Blix trying to get other 'Sherlocking' victims to fight Apple in court
The developer of BlueMail is asking other developers of iOS and macOS apps to call out Apple's "Sherlocking" practice, when it incorporates features from other apps and services, in the belief it's unfair for Apple to take another's ideas "without permission, payment, or credit."
Sign in with Apple, a feature that 'Sherlocked' Blix
Blix, the firm behind BlueMail and Followapp, is currently in the process of suing Apple over the introduction of "Sign in with Apple," under a claim it copies BlueMail's "Share Email" feature. The BlueMail function allowed users to communicate using a "manageable public interaction address, without revealing their private interaction address," a concept that Sign in with Apple performs by creating custom email addresses and forwarding communications onward.
After filing that lawsuit in October, the firm has moved on to try and garner support from other developers who underwent similar instances of "Sherlocking," where their apps became effectively worthless after Apple produced its own version of core functions.
Speaking to the Financial Times, Blix is still working on the lawsuit, but believes the slow legal process is working in Apple's favor. While the firm has been in contact with other developers who underwent similar treatment and are unhappy with the circumstances, many have so far elected to avoid suing Apple or making too much of a fuss in public due to the potential for retribution.
"We are considering all options, including a class-action lawsuit," Blix co-founder Ben Volach claims. "We are going to make sure this is resolved. We are sure there are thousands that are suffering from this."
The accusations of unfairness stem from Apple being both a rival software producer to the developers and the controller over the digital storefronts where the apps are sold. This has led to further claims Apple is making it so that the original apps are not able to compete against the Apple-produced equivalents fairly.
In Blix's case, its app was removed from the macOS App Store due to security concerns, but Apple insists "We have attempted on multiple occasions to assist in getting their BlueMail app back on the Mac App Store."
Apple also fields suggestion that it manipulates the app store to its benefit, but it asserts it does no such thing. "We provide all developers with a fair and level playing field on which they can compete," Apple told the report.
For parental control app Kidslox, the introduction of Apple's Screen Time coincided with the app being kicked off the app store along with other similar tools, under claims there were user privacy and security risks. In Kidslox's case, it was unable to provide updates to the app for over a year, though that changed once it was challenged in an "Abuse of Dominant Position" complaint at the European Commission in early 2019.
Sign in with Apple, a feature that 'Sherlocked' Blix
Blix, the firm behind BlueMail and Followapp, is currently in the process of suing Apple over the introduction of "Sign in with Apple," under a claim it copies BlueMail's "Share Email" feature. The BlueMail function allowed users to communicate using a "manageable public interaction address, without revealing their private interaction address," a concept that Sign in with Apple performs by creating custom email addresses and forwarding communications onward.
After filing that lawsuit in October, the firm has moved on to try and garner support from other developers who underwent similar instances of "Sherlocking," where their apps became effectively worthless after Apple produced its own version of core functions.
Speaking to the Financial Times, Blix is still working on the lawsuit, but believes the slow legal process is working in Apple's favor. While the firm has been in contact with other developers who underwent similar treatment and are unhappy with the circumstances, many have so far elected to avoid suing Apple or making too much of a fuss in public due to the potential for retribution.
"We are considering all options, including a class-action lawsuit," Blix co-founder Ben Volach claims. "We are going to make sure this is resolved. We are sure there are thousands that are suffering from this."
We're issuing a call for unity against the biggest tech company. If Apple has kicked you out of its App Store, used guidelines to control you, hijacked your ranking or stolen your tech, reach out to us at [email protected] https://t.co/W6Coxa5v1Z#fairness2020 #apple #developer
— BlueMail (@BlueMail)
The accusations of unfairness stem from Apple being both a rival software producer to the developers and the controller over the digital storefronts where the apps are sold. This has led to further claims Apple is making it so that the original apps are not able to compete against the Apple-produced equivalents fairly.
In Blix's case, its app was removed from the macOS App Store due to security concerns, but Apple insists "We have attempted on multiple occasions to assist in getting their BlueMail app back on the Mac App Store."
Apple also fields suggestion that it manipulates the app store to its benefit, but it asserts it does no such thing. "We provide all developers with a fair and level playing field on which they can compete," Apple told the report.
For parental control app Kidslox, the introduction of Apple's Screen Time coincided with the app being kicked off the app store along with other similar tools, under claims there were user privacy and security risks. In Kidslox's case, it was unable to provide updates to the app for over a year, though that changed once it was challenged in an "Abuse of Dominant Position" complaint at the European Commission in early 2019.
Comments
This is not an Apple thing, all platform providers do this. Apple just gets all the attention, because, well, it’s Apple. It’s perfectly legal as long as you can demonstrate your intent is not to be anti-competitive.
In this instance, the fact that Apple has allowed BlueMail to exist is a demonstration of that... it is a “PDA” app that offers alternatives to Apple’s built-in apps, Calendar, Contants, Mail, etc. Even though the original developer’s agreement specifically mentions that developers cannot duplicate any “built-in” functions of the device.
Over the years Apple has done the opposite of what everyone claims... They have relaxed their own developer guidelines and rules, over and over again to favor the development of more apps.
Blix did not invent anonymous email address generation and forwarding. In fact, there are many other apps and services that offer this same feature. Creating an anonymous email address to hide your main address is not a new idea. You can also create anonymous domain names, alternative passwords, random credit card tokens, phone numbers etc. The point of all of these is to be able to shutdown communication and/or access should the need arise, without needing to change your original.
Now let’s look at it from a high level: Apple produced software costs Apple money, 3rd party software on the App Store earns Apple 15-30% without Apple doing “anything”, hence it’s to Apple’s advantage just to sit and let 3rd party developers do their thing.
As a developer, I do hate that Apple frequently "Sherlocks" indie developers. I do think that, out of goodwill, they should provide fair compensation in such situations, but there are legal issues with that - opening the possibility of future legal action, particularly if the offer of compensation is not accepted (e.g. if Blix says that feature is worth US$1 Trillion).
I do think Apple could offer a technology licensing arrangement without admitting guilt somehow.
Still, even if Apple were to license the technology from Blix, since they don't have a patent or any kind of trade dress, another company could sue them for the same thing the next day; then, the fact that they paid something to Blix could be used against them with that next company.
It's not as if Apple is immune from a competitor imitating their unpatentable technology and making tons of money from it. Cough, Microsoft Windows, cough.
That’s the other point of contention when it comes accusing Apple of sherlocking competitors... To what end? To have those users switch to Apple’s version so Apple can make more money? That doesn’t apply in these cases, Apple doesn’t charge anything. As you pointed out, the opposite is true, for every user that uses Apple’s instead of buying a 3rd party version, Apple loses that possible revenue.
The problem when companies do this is they risk the chance of their patent (or parts of) being invalidated for being too vague or all encompassing. After reading portions it sounds to me like he patented this technique to all “communications”. The other problem is the list of “prior art” patents this patent relies upon. Not to mention there’s nothing proprietary about it... it’s nothing more than a long winded description of aliases and forwarding as applied to email.
Then it should be a slam-dunk for Apple in court; show previous art and ask for dismissal.
But, if the case is really about 2 things patents & antitrust violations...
The judge needs to split this up. A patent violation is fairly easy to rule on. An antitrust violation argument needs to be part of the DOJ investigation. Until the DOJ does there part, finishing investigating the Apple App Store, the case isn’t going to go anywhere.
The reason Blix is trying to combine them is because of a money grab. Their patent if upheld isn’t worth that much...
If the DOJ concludes the Apple App Store is a violation, Apple is going to be fined an maybe be required to restructure that part of the business. Blix and everyone else won’t get anything...
The problem with Astropad and Bluemail is that they both have the mistaken belief of originality and with that their reason for being - their apps are not original, you can already duplicate their functionality with existing tools/apps - what their apps offer is convenience.
I remember with my first iPad, I was often questioned if it could be used as as second display. Remote access via VNC was popular on iPad, and it didn't take long for people to hack together a virtual display for VNC to mirror onto a nearby iPad. This was years before Astropad existed. Then there is Bluemail, who have implemented a function which even the RFC for email talks about, which is why forwarding/aliases are part of the standard. In fact so many hosting providers (including my own) offer a gui front end for this functionality. The fact that Bluemail obtained a patent on this is laughable.
If Blix wants protection, it needs a patentable idea.
They paid to view and secure staff from the project. If Xerox's current products are anything to go by they would have never turn it in to a product, I think the team a PARC must had know that at the time.