Why Apple's patents might show screens from third-party apps
Not that Apple is above cherry-picking UI and functionality from third-party apps -- the iBooks interface was more or less borrowed whole from apps like Delicious Library and Classics, and further back there was the homage of Karelia Software's Watson reinterpreted as Apple's revision to Sherlock. In those cases, both developers just sort of shrugged, felt flattered, and let it go. That's not the situation here -- these screenshots probably aren't illustrations of a product Apple wants to make, they're explanations of how the patent would work.
As Engadget's Nilay Patel clarifies for us (so nice to have an attorney around), not only is this merely a patent application (which could possibly still be denied), but Apple isn't trying to lay claim to the actual screenshot; rather the company is using an example application which illustrates the to-be-patented functionality (in the case of Where To?, the ability of an iPhone to auto-detect when a user has been traveling). As Nilay puts it:
We'll have to see what FutureTap does -- the company might request that Apple remove the Where To? screenshot from the patent application, but at this point it's not clear that Apple wants to lay claim to that particular app. What is clear is that Apple could have avoided a lot of hassle and furor if it had simply sent FutureTap an email asking to use a screenshot in a patent filing. In the meantime, FutureTap execs are huddled with their lawyers, trying to make sure they understand what's going on....the only operative parts of a patent are the claims -- not the drawings, and not the description, which are technically known as the "specification." (We've now repeated this basic axiom of patent interpretation so many times we're considering making T-shirts.) The only reason the drawings and description are there is to explain the claimed invention in sufficient detail so that someone else can make it. Remember, patents are a trade: in order to get protection, you have to give up the full details of how your invention works. (The other option is to keep your invention a trade secret, but then you can't prevent anyone else from figuring it out and using it if it gets out.) Bottom line? If it's not in the claims, it's not in the patent.
Share
This is a weird one. FutureTap was surprised to recognize one of their app's screens in a strange place: a recent Apple patent outlining...
Add a Comment
Er... this is not a case of plagiarism. It also isn't Apple laying claim to someone elses work
August 13 2010 at 9:11 AM Report abuse Permalink rate up rate down ReplyIt is clearly a copy. Not sure anyone else noticed it... but the time at the top of both images reads 9:42. Someone at Apple should lose their job over this one. It appears that all they did was make an impression off of someone else's app.
The identical apps is one thing. But the time stamp being the same? No way that that is anything but stealing an idea and the use of prior art.
"Not that Apple is above cherry-picking UI and functionality from third-party apps -- the iBooks interface was more or less borrowed whole from apps like Delicious Library and Classics"
Yeah, imagine Apple using books on a bookshelf as UI for a book reading app. Sorry, but that particular claim is beyond ridiculous. Delicious Library and Classics weren't the first to use it, and neither was Apple. Or are you going to accuse every calculator app ever of copying the UI from the Apple Calculator desktop accessory (or earlier calculator apps)? How about any clock app every that showed you analog or digital displays? Calendar apps that show you a view that looks like a real calendar? All rip offs.
I responded in detail above (I fail at replying on TUAW for some reason), but no... It is absolutely not a copyright violation.
If it is, then the screenshot TUAW posted in this very article would be too. You are absolutely allowed to take photos, screenshots, and make diagrams of devices and applications for illustrative purposes. Or else literally every single online guide or article with a screenshot or photo of a product would be infringing.
This is a CLEAR example of fair use.
Hey, Mike, you gonna finish that first paragraph? ;D
August 07 2010 at 9:42 PM Report abuse Permalink rate up rate down ReplyAlso, it might fall under fair use.
August 07 2010 at 3:36 PM Report abuse Permalink rate up rate down Reply"Doesn't this count as an infringement on copyright, I mean the act of publishing this lay-out in a public place, i.e. the patent application register, without the owner's consent?"
I suspect the iPhone developer contracts give Apple the right to use screenshots of apps, and possibly make derived works from them, mostly in order to create marketing materials (posters, commercials, etc). That might cover this as well.
At least Apple used the App's name as-is, making it clear that the drawing is depicting Where To? itself, not some similar app by Apple that rips off the UI.
I would assume this exposure is going to do wonders for them and getting your screen shot used in an Apple patent will be just like getting in the ads.
August 07 2010 at 1:01 PM Report abuse Permalink rate up rate down ReplyDeals of the Day
more deals- $15 Apple iTunes Gift Card for $8 for new Saveology customers
- Philips Fidelio Docking Speaker Station for iPhone / iPod for $38 + $6 s&h
- Retro 80's Case for iPhone for $11 + $2 s&h
- HHI 360 Dual-View Stand Case for new iPad w/ $2 credit for $12 + $3 s&h
- HHI ReElegant Smart Cover Companion Case for new iPad from $5 + $3 s&h
- Used Apple iPad 64GB WiFi + 3G for $240 + free shipping
Software Updates
more updatesFeatured Stories
more stories
Popular Stories
TUAW (or The Unofficial Apple Weblog) is a website devoted to tips, reviews, news, analysis and opinion on everything Apple.
14 Comments