Apple To GetJar: Stop using the term App Store. GetJar to Apple: Uh, no dude.
blog.getjar.com/developer/getjar-vs-apple/
blog.getjar.comPosted Jul 8, 2011, 8:52 PM UTC
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blog.getjar.comAmazing read, and very good points to boot.
I love that Apple is attacking every other entity out there because people are getting sick and tired of the same old thing.
Doesn't make sense to me for such an "innovative" company to be afraid of competition. If they're so worried, make something new and truly innovative.
Their true colors are showing. And people are waking up.
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Their true colors are showing. And people are waking up.
And I can't wait to see more Apple posts on r/Android!
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Like the Matrix. Oh yeah.
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Really, because the average apple consumer probably doesn't care, or even know about stuff like this.... I really don't think anyone is waking up TBH (except for those who dislike apple already and have already woken up).
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Anecdotally, I know numerous people who have ditched Apple over the past year or so because of their bullshittery.
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Just in the fact that people are realizing they don't need an iPhone to do what they want to do.
There's more options out there now than there were a couple of years ago. And I think with the recent surge in Android's popularity, people are starting to see that.
That's what I meant.
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derp moment: i understand that its meant to be funny, but is there any truth to it? Such as the tester actually getting fired?
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No. Onion stories about individuals are all completely made up. They do make references to real world events, ideas, and traditions... but I doubt they'd make fun of an actual person no one has ever heard of losing a job.
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The weird thing is i have never heard of this before today.
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Lol, look at the source.
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Yeah..... Should've figured x-p
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You do realize that any company in the same position would be doing the same right, more so if they actually do hold a trademark on term?
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more so of they actually hold a trademark on a term.
That's the key word-"term".
I can understand if someone else was using "I" in the beginning of a product name where that might get confusing.
But "app" and "store"? Get real. That's like wal-mart trying to market "grocery".
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Not app and store. App Store. As in the term for a market place. It's more like Barnes and Noble calling their e-reader store the kindle shop. It's their brand, and they are well within their rights to protect it.
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In that context, that makes sense.
But with Amazon, they called it the "Amazon Appstore for Android". Anywhere I've read about it, it's always been the Amazon Appstore.
I really don't see how people could confuse the 2, as Apple seems to be suggesting.
If Apple follows suit, then they could just call it the "i-store".....or something like that. Something that specifies what kind of store it is.
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Kindle didn't have a meaning prior to Amazon's use of it. App store did... if you'd stopped anyone on the street and asked what an app store was, they'd probably have looked at you funny and said "I guess a store that sells apps?" and that's exactly how these people are using it. Whether app stores existed or not (generally they didn't, just because no one was that specific in what they sold), the term still holds a plain language meaning, and it's that plain meaning that everyone is using when they use the term. They are not pretending to be Apple or trying to confuse people into thinking they are buying from Apple, which would be the justification for a trademark action.
I wonder why all the "analogies" people come up with to defend Apple (kleenex, kindle, etc.) always involve words that do NOT have a common language meaning. It's like people want to completely dodge the problem here.
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No, that's not the same at all. Apple did not invent or redefine the term app. It's more like Home Depot trying to trademark the term "hardware store".
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Apple was just told by courts that they don't own the name "App Store," and allowed Amazon to use it, so they shouldn't have anything to worry about.
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Not exactly. They just didn't grant Apple a preliminary injunction to stop Amazon from using the term until the case goes to trial. The case still has to go to trial to determine whether or not Apple does own "App Store." Though the denial of the preliminary injunction is not a great sign for Apple.
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Also, Apple has to send these C&Ds, or they will automatically lose the trademark (which they may or may not have at the moment). If they didn't send a C&D to GetJar, Amazon would just point to them and say, "See? These other people are using the term too, and Apple didn't do anything about them."
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The real problem is the lunatic at Apple who actually thinks this is a sane fight. What kinda of idiot says "Apple denies that, based on their common meaning, the words 'app store' together denote a store for apps"
As for having to C&D everyone, you don't have to fry every small fish. But I guess GetJar isn't really small.
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What kinda of idiot says "Apple denies that, based on their common meaning, the words 'app store' together denote a store for apps"
A lawyer whose children's education depend on Apple being engaged in legal battles - eat or get eaten.
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Who? You mean Steve? Anyone else notice the irony here?
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Can't they say that, anyway, though? I thought you had to do this sort of thing as soon as you find out about other people using something you say is your trademark?
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My point exactly. Apple has to defend their supposed trademark, or lose it.
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Right, there's two layers to this:
- Is "app store" even a valid trademark at all?
- If it is, does "Amazon Appstore for Android" infringe on it?
The fundamental question when it comes to trademarks is: are consumers likely to be confused? This decision of the court hasn't said anything about the first question, but has said that even if "app store" is a valid trademark in a more limited setting, the court doesn't think it likely Amazon's name will be found to infringe on it, because there are enough other elements involved that make it obvious consumers won't be confused.
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Actually, the courts just denied an injunction, and it was on the basis that there was no apparent consumer confusion, not on the basis that they didn't have trademark protection.
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GetJar can GetBent for scraping my email off of the Android market and spamming me.
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:-( Sorry! Anyway I can make it up to you? I can take your email out of our database?
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LOL, well at least you are being honest about being a spammer.
/facepalm
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Yes please. cheald+flexauth at gmail.
I know you guys are trying to build a product, but literally the first interaction I had with GetJar was "Oh hey, spam in my inbox", and I've been extremely sour on the brand since. Not a good way to attract developers. I will never do business with GetJar because I have no interest in supporting spam or the companies that employ it.
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You're absolutely right, spam is not okay. I'll remove you. Can you also tell me how recently this was? Will help to figure out who's doing it and why. Then I can let them know that this is not doing us any favors out there.
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Twice, once last November and once in February. It's not like I'm being deluged (or maybe I am and gmail's spam filter catches most of it, who knows), but it pissed me off enough that I still remember it here 8 months later.
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Wow, is this actually an official account admitting sending unsolicited commercial mail? Ouch.
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Well, we don't specifically scrape the market for emails to spam. One, you can't scape the market. It's not possible. You can find their website, or twitter, or whatever, and use that to find their email address.
2nd, we don't get dev emails specifically to spam. Someone must have tried to contact him to see if he would mind putting his app on the store, and then put that email into Salesforce. Unfortunately, it looks like when we send out dev focused emails, it looks like the person who manages them just pulls everyone from Salesforce. It's just a disconnect in our office, which is due to the fact that as a start up, we have a very small team that sometimes doubles their efforts.
TLDR; It's a shitty thing that happens, but it doesn't happen on purpose. We'll try to fix this on the future, and appreciate the feedback.
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How about you learn some manners? No need to be so discourteous, instead try asking politely about what action you would like to see implemented.
Or didn't anyone teach you how to behave politely when you were growing up?
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Any proof of that by any chance? I've never heard of this such thing. And no, getjar's response is not an admission of guilt.
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Sure. http://i.imgur.com/nB8Bl.png
The only place on the internet that I use that email (cheald+flexauth) is as the contact email for Flexauth in the Android market.
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what a bunch of appholes
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I can't wait for appy hour so I can forget all this.
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I applaud you.
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I'm very flattered, I really feel like something big is 'appining.
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I'm sorry, sir, but I'm going to have to appropriate all your puns.
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Thanks Apple. I just discovered GetJar.
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Getjar was a app store even before Jobs thought of the word iPhone.
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For some reason, this comment made me think of Dylan on the stand during the civil suit, and the court reporter not being able to transcribe anything he says.
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And yours makes me think of Corky and the Juice Pigs - Eskimo, the Bob Dylan part is here, but it's the Van Morrison part that I guess is more like what you're talking about.
Man, I haven't thought about that song in years.
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I'd like to think they'd burden themselves with less first-world-y problems.
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Well, er, funnily enough: http://en.wikipedia.org/wiki/Apple_Corps_v_Apple_Computer
Apple Corps a record label owned by the Beatles. They sued Apple, then a small company, in 1978, over use of the word 'Apple', which could certainly be considered to be bullying behaviour; Apple was not at the time in the music business and there was no prospect of consumer confusion. They managed to extract a small amount of money in an out-of-court settlement; if it had gone to court I suspect they'd have lost (and ultimately, when it did go to court much later, they did lose).
Incidentally, Apple Corps also used the settlement to prevent Apple adding sound recording and MIDI to the Apple II, preventing them from competing with Amiga in that field. Apple Corps also managed to extract $26 million over the chimes sound a Mac makes on startup (renamed 'Sosumi' in tribute). When it finally went to court, in 2006, Apple Corps lost.
Basically, the Beatles were no stranger to trademark bullying.
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Great article. Just sent it to a dev friend of mine who no doubt will pass it on to others. Oh, thanks for the awesomness that is Cut The Rope :)
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Haha, don't thank us! Thank Zeptolabs for that quality game, and morevoer, the well-ported android version.
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I honestly don't see how Apple can say that they own the term app store. If it sells applications, its an app store. It would be like Adidas telling Nike that the own the term shoe.
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It's short for Apple not application. It would be app Store not App Store.
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I never ever ever thought the "App" comes from Apple because there is just no reason to shorten Apple for the word "App Store". That's retarded.
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So they sell apples now?
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Ding ding ding, retard alert!
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Apple, Think different paranoid
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They had my Axe with "taking the piss"
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Why is this the top post on a subreddit for Android? I don't give a shit about Apple. (Here come my downvotes)
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Apple posts on r/android? Who would've thunk it.
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Top story on r/android.... has more to do with Apple than Android.
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So uhh... does this count as blogspam?
/ducks
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Haha...You're right, I probably should have linked to one of the articles (http://allthingsd.com/20110708/apple-to-getjar-drop-app-store/?mod=socialflow) about it. I'm sorry! I blame it on heat of the moment. It's not every day you get contacted by apple legal?
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Sall good.
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This isn't blogspam. No worries!
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I see nothing about android here
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Then you didn't read the fucking article.
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As we are, among other platforms, an android app store, it involves Android insofar as it affects all android app stores, as well as the entire ecosystem.
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The world needs to collectively tell Apple to shut the fuck up.
I own and use Macs and agree with this.
Buying macs isnt the best way to tell them that.
I buy them used from a privately owned company. I like the laptops.
Yes, obviously there was something about them you liked. But still, as long as you buy them apple wont care if you dislike them as a company.
http://www.youtube.com/watch?v=wlwk8rh425Y&t=3m11s
How can you tell that someone is a Mac user?
They'll fucking tell you about it.