Can You Really Own The Idea Of Making Your iPhone Look Like Beer?

from the drink-up! dept

It's time to raise your glasses in a toast to ridiculous intellectual property lawsuits. Or, if you don't have a tasty beverage on hand, perhaps a virtual one, say, on your iPhone? Well, unfortunately for you, that may be a problem -- as the latest ridiculous lawsuit concerns two competing virtual beer applications, both of which make your iPhone look like the side of a full beer glass, that will "drain" the beer, as you tilt the iPhone. Cute, gimmicky app, right? Except if you're a pissed off developer who seems to think that only one person should be allowed to make such an app. A company called Hottrix that made such an app is suing the beer company Coors for an astounding $12.5 million for offering up a similar app of its own.

Hottrix's app, iPint, cost money, whereas Coors (perhaps implicitly recognizing how infinite goods -- the silly app -- can help sell more scarce goods -- beer) gave its app, iBeer, away for free. The Coors version was more involved, as it also included a "game" where you needed to guide a sliding pint across a bar into some waiting hands. Hottrix's lawyers claim that the idea of such a virtual beer glass is copyrightable -- which seems fairly questionable. Concepts can't be covered by copyright. It needs to be the exact implementation, and as long as the Coors version was different, then it's difficult to see the copyright claim. Hottrix also pulls out the bogus argument that iPint hurt iBeer's sales. That's simply incorrect. It wasn't Coors that hurt Hottrix's sales, it was Hottrix, for having a bad business model. Competition isn't illegal.

But, of course, Apple in its infinite (loop) wisdom, removed the Coors app after Hottrix complained, thus protecting Hottrix from its own business model mistake. And yet, Hottrix still wants $12.5 million from Coors for daring to come up with a similar idea. You have to hope this gets thrown out of court quickly.

Filed Under: apps, beer, copyright, iphone, virtual beer
Companies: coors, hottrix


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  1. identicon
    Anonymous Coward, 16 Oct 2008 @ 9:47am

    Re: FREE BEER

    I don't want to put words in your mouth but you seem to think that the software itself could not be a valuable product. From your previous posts you also seem to think that songs, movies, and TV shows are not marketable products.

    You might want to provide some quotes for that, Mike has never claimed that those are not marketable goods. In fact, any pirate will tell you that these are marketable goods, as they obviously want them. So reread again before arguing points no one ever made.

    I beg to differ, I think the cost of physical goods will continue to diminish until they approach zero (obviously resources will need to be acquired and those cost money so it will never reach free). Way to contradict yourself.
    Why is my gallon of gas still going up in price? Read Economics 101.

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