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Filed under: Apple, iPhone, App Store

Apple wins fight in U.K. over iPhone v Android claims

The U.K. advertising watchdog, the Advertising Standards Authority, says Apple is correct when it claims its App Store is better than the Google store for the Android.

In a TV ad Apple claimed that the iPhone had apps for "just about anything". Fans of the Google Android, or at least ten of them, complained that their phone offered a similar and equal function.

Apple responded that it made the claim "only on the iPhone" because its App Store "provided users with a unique experience unmatched by any other application marketplace, including the Android Market".

"Because Apple had shown there were far more applications available for the iPhone than the G1 phone, and user experience of the iPhone and the App Store was distinct from its competitor, we concluded that the claim 'only on the iPhone' was justified and not misleading," said the ASA in its ruling.

The Apple App Store has about 50,000 applications, while Google offers about 2,100.

In the past, Apple hasn't done too well with the ASA. In November an iPhone ad was banned for misleading customers about the speed of the phone on the internet. Apple also had to pull ads for its first generation iPhone in August of 2008.

Filed under: Analysis / Opinion, Hardware, Software, Hacks, Odds and ends, Open Source, Apple, Jailbreak/pwnage

Apple says jailbreaking is illegal

The Electronic Frontier Foundation has posted the news that Apple has filed comments with the US Copyright Office stating that the act of jailbreaking your iPhone is a copyright infringement and a DMCA violation, and therefore illegal. The EFF says that Apple is claiming that jailbreak apps still require modified versions of Apple's software, and Apple apparently believes that those versions are infringing on their copyrights.

The EFF responds, in turn, that "reverse engineering is a fair use when done for purposes of fostering interoperability with independently created software," saying that yes, even though jailbreakers are using Apple's copyrighted code, they are doing so in a way that allows them functionality that Apple doesn't provide access to on their own.

At this point, of course, this is just a complaint in the copyright office, and Apple hasn't made any legal moves yet against anyone responsible for jailbreaking. As the EFF states, it would be extremely hard for them to go after individual jailbreakers -- if you buy an iPhone, it should be your right to "get under the hood," as they say, and do what you want.

But (and keep in mind that this is TUAW, not The Unofficial Legal Weblog, and we are not lawyers) it seems Apple may be able to try and make a case against anyone offering software that does modify or otherwise "misuse" their copyrighted code. We'll have to see if they explore that position more in the future. You can read Apple's full response here (27 pages). You can see the EFF's initial filings here.

Stay tuned for more news and analysis on the issue.

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