Mark Levitt’s Techdirt Profile

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  • Jun 25th, 2010 @ 9:26am

    Re: Re: Timing of filing

    The applications exist on Apple's servers (or servers under Apple's control) and, when you purchase the application, Apple's software makes a copy of the software and sends it to your computer.

    That's not someone else distributing the goods. A better analogy is Best Buy selling counterfeit DVDs. The supplier of the DVD is guilty of copyright infringement, but Best Buy would be liable as well.

  • Jun 25th, 2010 @ 9:22am

    Re: hey guys, wrong target

    Um no. Apple, in regards to that iOS App Store, is a publisher and distributor. They aren't merely indexing the application. Apple sells the application (including the copyrighted work), collects money for it, and keeps a portion of the fee for the application. That's a completely different relationship to Google.

    "PLUS, the added idea that this guy didn't have any copyrights on his recording when the app devel asked him in 2007"

    The "guy" had a copyright on the recording the instant he made the recording. He may not have *registered* the copyright, but copyright is automatically applied to any fixed recording. He didn't decide to get a copyright. He may have decided to enforce it, but he already had it.