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Legal Issues

by Mike Masnick

Fri, Aug 21st 2009 5:28pm




Filed Under:
copyright, iphone, liability, photographs

Companies:
apple


Latest Misguided Lawsuit: Apple Hit With Copyright Infringement Claim For Third Party App

from the learn-to-sue-properly dept

I'm really beginning to wonder if there should be sanctions on plaintiffs who sue the obviously wrong party. We write about so many cases, where people sue whoever has the deepest pockets, rather than those actually responsible, that it's clearly an abuse of the law. The latest example, sent in by davebarnes, involves a photographer suing Apple, because an iPhone app from a third party developer includes some of his photos. Note that the guy did not sue the actual app developer: just Apple. I'd also like to see the argument that explains how getting this guy's photographs more publicity somehow "damages" him, but that's another story...

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  1.  
    identicon
    Lawrence D'Oliveiro, Aug 22nd, 2009 @ 8:32am

    Apple’s Own Fault

    I think this case is directly down to the way Apple micromanages the products in its App Store. Instead of acting like a hands-off “common carrier”, it takes direct responsibility for vetting all the apps. That responsibility makes it a target for lawsuits like this.

     

    [ reply to this | link to this | view in thread ]

  2.  
    identicon
    Cavanaugh, Aug 22nd, 2009 @ 9:01am

    Suing the wrong party

    This is actually a problem with the breakdown of interpleader.
    If someone sues the wrong party, we need a system that will let them simply fill out a form interpleading the correct party and excusing themselves. The problem is that they need an attorney, and it isn't simple - it is supposed to be, but isn't - shouldn't even require an attorney.
    One can only assume the attorneys have too much influence with the judges.

     

    [ reply to this | link to this | view in thread ]

  3.  
    icon
    ChadBroChill (profile), Aug 22nd, 2009 @ 8:51pm

    Haxor Fail

    Lol the URL they give is a 404 Not found. Nübs.

     

    [ reply to this | link to this | view in thread ]

  4.  
    identicon
    Meseret Hailu, Sep 1st, 2009 @ 4:38pm

    Lol the URL

    We need a system that will let someone interplead the correct party when appropriate. Let's fix the system. Word.

     

    [ reply to this | link to this | view in thread ]


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