Legal Issues

by Mike Masnick


Filed Under:
apps, beer, copyright, iphone, virtual beer

Companies:
coors, hottrix



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.

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  1. identicon
    Augustus Busch, 16 Oct 2008 @ 10:48am

    Re: Is free just "competition" in this case?

    Why do the costs of development need to be recovered? What business model guarantees that? Sure, it would be nice if they were, but if your business model is to create a useless toy that someone else will make a similar one to and give away for free, you've got a pretty crappy business model, and you don't deserve to recoup your development costs. Heck, I can spend a year developing a word processor. If in the end it does the same thing that Sun's OpenOffice does, and they give theirs away free, do I deserve to recoup my development costs? No, I simply picked a stupid business model that isn't profitable, just like Hottrix did.

    And yes, I'd LOVE a fuckbuddy!

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