back to article Apple pilfers rips off student's rejected iPhone app

Apple is famous for going to absurd lengths to enforce its patents and trademarks. It recently sued Amazon for calling its app store Appstore. And it has publicly lectured competitors to “create their own original technology, not steal ours”. But the company isn't always as fastidious about respecting the ideas of others. …

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  1. markusgarvey
    WTF?

    iRipoff...

    Apple business model:

    use slave/child labor in China...check

    steal app's from college students...check

    discourage backward compatibility....check

    make your users think they have to upgrade hard/software every 6 months...check

    http://www.theregister.co.uk/Design/graphics/icons/comment/wtf_32.png

    make sure hardware lasts no longer than 3 years...check

    all hardware is proprietary...check

    why do people buy their stuff again?...http://www.theregister.co.uk/Design/graphics/icons/comment/wtf_32.png

    1. Anonymous Coward
      Gimp

      You forgot ...

      ... FIFA.

      Do they sponsor FIFA? Well do they? Huh? Is Apple part of the Football Family? We must know.

  2. This post has been deleted by its author

  3. Anonymous Coward
    Anonymous Coward

    What a load of rubbish!

    Hasn't anyone noticed that this 'new' icon merely combines 2 icons Apple has used for many, many years? It's simply the standard 'sync' icon enclosing the standard wi-fi icon. Doesn't that seem obvious for wi-fi sync? Or do you think Apple should not be able to use its own icons without accusations of copying?

  4. Tony Paulazzo
    Devil

    Apple apologists

    Denial is strong with this group.

    Apple copy Android notifications, rip off wireless synch and camera/volume button ideas, sell icloud lockin and jokingly tell their developers to 'just change the name, no problem', and people are still defending their every action.

    Sent from my jailbreaked iPad.

  5. Rob Moir
    Facepalm

    I can see why he's upset but I don't know that he's got an actual case

    The icon - both his and the "new" apple one, are both the icon apple already use for "isync" (the two arrows) with a wifi symbol in the middle to reflect the fact that it's sync over wifi. Have to say that I think he's got a very thin case there.

    As for the app, again, I think his case is a bit thin - both himself and apple are copying "prior art" from android, are they not?

  6. Ian Ferguson
    Devil

    Why is this bad?

    Would you prefer that Apple NEVER implement wi-fi sync, just because some kid suggested it and it's therefore 'his' idea?

    Wi-Fi sync is such an obvious and much-demanded improvement to iOS that it would be frankly ridiculous to claim that this kid 'invented' it.

    Devil icon as in 'devil's advocate'

    1. Anonymous Coward
      Anonymous Coward

      but it would be good PR to...

      give some credit to the kid and maybe some money or maybe a job. Bet he'd sign it over to them given what a boost it's given to his employment prospects/reputation - surely what he's primarily interested in given his situation.

      Apple look like a ham-fisted evil corporate by the way they've handled this no matter what the legal position is or whether they were just incompetent. Being "nice" doesn't have to cost very much at all. Coming across as "nasty" seems counter-productive and unnecessary.

  7. Scott Mckenzie

    Slow News Day?

    Seriously?

    If i were a judge and someone bought that to a court and charge them with wasting time.

    1. BorkedAgain
      Gimp

      Good thing you're not a judge, then.

      Duh.

  8. Jon Massey
    Meh

    Lawyer up

    It's the only way to be sure.

  9. LawLessLessLaw
    Boffin

    generic name for obvious app

    When I saw thew bullet points for what's new in iOS5 my first reaction was : "blimey, you've been living *without* those things for all this time, I thought your platform was supposed to be useful. I guess they had to spend a lot of time getting the phone to pretend to be a flute".

    And the icon, the symbol for WiFi combined with the symbol for sync as used by 1990s Palm Pilot.

    let me know when there's some *real* news, ta.

    1. JonHendry

      Not exactly

      "And the icon, the symbol for WiFi combined with the symbol for sync as used by 1990s Palm Pilot."

      That's what I thought too, at first, but googling it revealed that the Palm sync icon was actually closer to a ying/yang symbol. The arrows arc around half the circle, similar to the Apple icon, but then meet in the center.

  10. gc_uk

    Apple (allegedly) borrows idea shocker

    I don't know what the fuss is about, Apple have been putting their own spin on others ideas and passing them off as original and new for years.

    Apple's insistence on disallowing custom APIs means there will never be any real innovation, there's only so many ways you can put the bricks together, unless you can invent new bricks. Developers will always be behind Apple since the rules don't apply to them.

  11. Anonymous Coward
    Anonymous Coward

    It's fine to attack Apple, but for the right reason...

    Synchronization of storage between networked units is an old concept. The problem isn't that Apple now has implemented such a function of their own (unless they've copied the source and thus violated copyrights). The problem is the terms that Apples customer have to accept which give Apple the authority to reject such an application from a 3rd-party developer.

  12. Anonymous Coward
    FAIL

    The Sock Puppets and Fanbois are strong in this thread

    Why have a PR department when the remtards which buy this expensive, locked-in shite will do your job for you

    1. Anonymous Coward
      FAIL

      It's what happens...

      ...when customers are very happy with what they have bought. You will notice that 99.9% of anti-Apple vitriol is from people who don't own an Apple product, have never owned an Apple product, have no intention of ever owning an Apple product.

      Now, if Apple were as evil as people claim, surely it would be the product owners that would be making the loudest noises of complaint, as they would be the ones suffering on a daily basis would they not? Except that doesn't happen.

      Think about that.

      1. Jedit Silver badge
        Facepalm

        "If Apple were evil, the product owners would complain"

        Yes, and Scientology can't possibly be evil because Scientologists don't complain about it constantly. It's all people who have never been part of the brainwashing cult and have no intention ever to be part of it, plus a few ex-Scientologists, who are giving the magical and revolutionary Church of L Ron Hubbard a bad name.

        1. Anonymous Coward
          FAIL

          Um.

          "Yes, and Scientology can't possibly be evil because Scientologists don't complain about it constantly."

          Slight difference here, namely that Apple are exchanging money for products that actually work and not exploiting and hurting vulnerable people by peddling some bullshit religion with absolutely no basis in reality whatsoever.

          By your logic I might as well claim that all the people killed by murderers don't complain.

          Fail.

          1. BorkedAgain
            Pint

            Uh...

            But if the product is "100% guaranteed salvation after death or your money back" then surely...

            I liked your point about the murderers, though. I'm convinced. Murder is okay. That was your point, right?

    2. Anonymous Coward
      Anonymous Coward

      Typical hateboy comment @OP

      No arguments, just personal attacks

  13. Anonymous Coward
    Anonymous Coward

    decompilers?

    @+++ath0 "Did Apple rip off the source code? No, because App Store submissions are for the binary only."

    Do we KNOW they've not seen the source or is it just supposition, if they asked for his CV maybe they asked for more (or maybe he even voluntered more). But in any case there are decompilers, binaries can be reverse engineered - harder work than using the source but not necessarily harder than a clean room cloning of the functionality.

    I guess one indication is what the controls, configuration etc look like, are the simiarities deeper than just logo, broad functionality and name?

    Is anyone going to tell me Apple don't look at what's doing well on Cydia - and perhaps "take inspiration" from it? In their view that's not ripping-off the developers, the developers deserve what they get for evading the Apple Tax and wanting to get paid for their work developing worthwhile apps only to have them rejected by the Apple appstore on sometimes spurious grounds.

    1. Anonymous Coward
      FAIL

      o.O

      ....are you SERIOUSLY suggesting that Apple would need to decompile someone else's code to get THEIR software syncing with THEIR devices which are also running THEIR software?

      Seriously? ಠ_ಠ

      1. Anonymous Coward
        Anonymous Coward

        No

        Read the post. It challenges the assertion made in some other posts that one needs to be handed the source in order to find out how a program works. There is no suggestion that Apple may have used a decompiler in this instance. Beyond a pretty UI I don't know how goodApple's developers are but were they to clone something I'd like to think they were sufficiently competent not to need source, less still need to decompile binaries. To clone software functionality it's usually easier/better to do just that, clone the functionality not the specific code even given source access. Decompiled code is effectively undocumented with "unhelpful" variable and function names, it's a serious pain to work with - but decompilers do exist and there are reasons for that. Occasionally decompiling may be more attractive than starting from scratch, it's a case by case decision.

        The real issue in this specific instance is that the "engineering team had looked at it and were impressed” which seems to counter the suggestions that "they were going to do it anyway" or at least that this implementation went beyond what they'd had in mind. Also rejection on the grounds of "unspecified security concerns and that it did things not specified in the official iPhone software developers' kit" is a bit vague. As a developer I'd want to know specifics so I could address them and resubmit the app, if Apple don't provide that kind of feedback the options are: try to guess what Apple didn't like, fix and resubmit (possibly unsuccessfuly): write off all the development effort or go to another appstore.

        1. Anonymous Coward
          Anonymous Coward

          re: No

          "The real issue in this specific instance is that the "engineering team had looked at it and were impressed” which seems to counter the suggestions that "they were going to do it anyway" or at least that this implementation went beyond what they'd had in mind."

          On the other hand, the engineering team might impressed because they simply thought it was very impressive what he had designed and built just on his own.

          We just simply don't know. Don't get me wrong, what you said could very well have been the case, but we have very little information to go on.

    2. JonHendry

      Different kinds of sync

      There'd be no point reading the kid's code. Apple's wifi syncing is tied into iCloud and whatnot, and thus will be using new iCloud-related APIs (plus new crypto APIs, etc) that the kid didn't have, and which have wider applicability across the OS and applications.

      They superficially appear to do the same thing, but they accomplish it in very different ways.

  14. thesykes

    Fanbois are soooo funny

    Samsung create a phone, that looks similar to the iPhone, and uses icons that are similar. Apple sues Samsung. Quite right say the fanbois, baaaaaad Samsung.

    Amazon open a store selling apps, and call it an appstore. Apple sue Amazon for using thier name Appstore, which is not a generic term for a store selling apps. Quite right say the fanbois, baaaaaad Amazon.

    Developer creates an app, submits it to Apple, who reject it. Then an app with the same name and same icon appear in iOS5, but, say the fanbois, that icon is just a what you'd expect the icon to be and the name is just a generic name. Quite right say the fanbois, baaaaaad developer.

    But, the fanbois can't see the irony.

    1. Anonymous Coward
      FAIL

      Actually

      It would be more accurate to say that Apple applied for and were granted a Service Mark for the term 'App Store', then complained when another company used the same term.

      I suppose you would be ok if I launched an OS and called it Windows? I mean 'windows' is a generic term right? What's the problem?

      1. CD001

        Umm...

        ----

        I suppose you would be ok if I launched an OS and called it Windows? I mean 'windows' is a generic term right? What's the problem?

        ----

        And THAT is why MS settled with Lindows OUT OF COURT - they didn't want the precedent of Windows being legally declared as generic... technically it's not a generic term (in the OS world) at the moment - it is generally understood to refer to MS Windows. Had MS taken it to court and then lost, which they may well have done, they'd not have a leg to stand on should you want to make your own OS and call it "My Windows" or whatever - just don't copy the "flag", that's trademarked.

        1. Anonymous Coward
          FAIL

          Lindows != Windows

          "And THAT is why MS settled with Lindows"

          Lindows != Windows

          Are you seriously expecting me to believe that if it had been called 'Windows' that Microsoft would have lost in court? 'Similar to' and 'brand dilution' are grey areas. 'Exact copy of a trademark' is something else entirely.

          1. Noons
            FAIL

            Windows? Do you mean X? Or that rip off, MS?

            Having blatantly stolen the name for their OS from the Xerox GUI, I suspect MS would have a hard time defending its ownership in court... Mr. Kodak was a very clever man.

      2. Anonymous Coward
        Anonymous Coward

        hmmm...

        Ask Sony how it worked for them with "Walkman". They lost a lawsuit against another company that was using it to pawn their own hardware. Much like band-aid and tissue.

    2. rurik bradbury

      Big difference

      The concept of a touchscreen-only, grid of icons OS did not exist in any meaningful way before Apple created it. Android ripped it off wholesale in 2008, and Samsung skinned it into a blatant ripoff.

      Wifi sync was a well known and ubiquitous concept for years before this developer put out his app. At Apple's scale, it takes years of planning to implement big things like cloud syncing -- so just because they had not implemented it YET does not mean it was not in the works (Android already had it after all).

      1. Tilman Ahr
        Thumb Down

        n.a.

        "The concept of a touchscreen-only, grid of icons OS did not exist in any meaningful way before Apple created it. Android ripped it off wholesale in 2008, and Samsung skinned it into a blatant ripoff."

        I'm not saying Samsung's UI wasn't a ripoff, but Palm's PDAs were mostly touchscreen only (apart from some hardware buttons), and guess how the icons were arranged...

        As someone else already stated: there aren't exactly many ways to arrange icons on a touch-sensitive, fairly small screen that make any kind of sense.

        But I'm probably not going to convince you that basically all elements of the iPhone's UI were implemented by some other device before it - the only innovation was in the combination of them in one package.

        Which is impressive enough imo, but they might want to be a little more humble in their claims of innovation, what with shoulders of giants and all...

  15. Syren Baran
    Devil

    Too late to file a patent?

    For "method and apparatus for syncing an iOS device with an iTunes library without user interaction"?

    The guy obviously has the prior art. No idea about the maximum time between invention and patent filing. Might make for a neat lil' gold mine ...

  16. Anonymous Coward
    Anonymous Coward

    No patentable idea...

    Those who suggest a patent have nothing to patent. Synchronising contents over WiFi and Bluetooth has been done for years. May I point to the iPAQ as example, which allowed MS ActiveSync to backup and synchronise content between a PC and a Windows mobile device? May I point to Nokia who allowed Bluetooth connectivity to be used with Nokia PC Suite to again, synchronise and backup a Nokia device with a PC?

    Please people, stop getting yourselves in a froth over this... Yes, it sucks for the developer, having his app rejected, but then again, Apple specifically says that they reserve the right to if it breaks rules. And it did (sandboxing). However, Apple conceded that it was a brilliant idea, and it is quite likely that that kind of functionality was already in the works. If Apple was smart, they would probably have watched the popularity of WiFi Sync rise and adjusted their new feature priority accordingly.

    As for those moaning about how they could've told the developer WHY his app was rejected (i.e. "we're working on a similar feature"), please cast your mind back to how Apple does its marketing. Nothing, and I mean NOTHING, is ever leaked ahead of time by Apple staff (unless they speak anonymously), so why would they want to break that mantra officially by telling an iApp dev that they are working on similar features?

    Up- or down-vote this... I don't care. But I will say this... working in software I know how commercial software is developed and how things sometimes are just purely co-incidental (and sometimes not).

  17. SWITCH OFF AND RESART
    Big Brother

    TYPICAL APPLE

    Yet again the hippies show their true colours , rip off suppress ,sue, the sooner Jobs jogs on to the Genius bar the better

  18. b166er

    Eh?

    Most seem to be missing the point.

    It's not that Apple ripped off his idea (though that is iRonic, given Apple's stance on such things), it's that they denied this chap the full revenue stream.

    In spite of this, the guy pursisted, to his absolute credit, and it proved popular on an open (jailbroken) system.

    I hope he continues to distribute his application in as many ways as possible, and continues to do a better job than Apple.

    We need entrepreneurs and the likes of Apple should, with every breath, be prevented from trying to control that.

    That said, iPhone sales are static, so perhaps he should port it to an Android/Windows Phone 7 app. Might not get £9.99, but x10 the amount of sales at £1 should cover it.

    1. Jedit Silver badge
      Headmaster

      He wouldn't get a penny

      Because Android at least already has wireless syncing built in. The market for the iPhone app only exists because iOS is a shabby piece of crap.

      1. Anonymous Coward
        Coffee/keyboard

        funny !!

        "The market for the iPhone app only exists because iOS is a shabby piece of crap."

        LMAO, you sir, owe me a new netbook, this one is covered in chunks of chicken bhuna

  19. Dan Wilkinson

    Hmmm, what to call it...

    So, we are synchronising stuff using wifi, and we need a name and an icon. What to do? Well, clearly the act of synchronising is to ensure that 2 or more things have a consistent state, so that gives us some simple language everyone might understand. And how do we explain Wifi? Perhaps we could mention that it is is a transport mechanism that does not rely on the plugging on of a cable in order to make a connection for the ensuring that 2 or more things have a consistent state. So that's our product name! iOS5, featuring the capability-th-ensure-that-2-or-more-things-are-able-to-maintain-a-consistent-state-using-a-transport-mechanism-that-does-not-rely-on-the-use-of-a-cable-that-needs-plugging-in!

    Or...we could just use wifi sync...either that or we can have a bunfight as to where it was used first, Android? Windows Phone 7? Zune? Palm? Generic term guys. And as has already ben said, generic icon, made up of previously used generic icons.

    This guys had his 2nd five minutes of fame now, we can move on.

  20. HFoster

    The smart thing to have done

    I think maybe the smart thing to have done at Apple would have been to offer him a job on the spot and brought him into the fold sharpish. Then, whatever the origins of iOS5's Wi-Fi Sync, they wouldn't have another shit-stain against them from Hughs being pissed, and they could boast that when they see talent, they try to get them into the fold to bring fresh blood, etc, etc to Apple.

    It would save a lot of hassle, IMO.

  21. Danny 5
    Thumb Up

    you know what?

    i am thoroughly enjoying this renewed "MAC vs PC" flamewars.

    I'm finding a lot of fanbois attacking me verbally when i put down Apple again (which is just too funny to not do), it's just like old times. haven't been able to seperate the trolls from the genuine fanbois yet, but that's a matter of time.

    trolling for Microsoft, MAN that's good fun!

    been too long since i did this, forgot how much of a laugh it is.

  22. JeepBoy
    Stop

    Move along, nothing to see here...

    Story so far:

    Apple behaves with questionable morality (yes,yes, it wasn't patented, trademarked, or copyrighted - who cares - morally it stinks).

    World complains that Apple (bizzarely painted as some altruistic commune by many) behaves as a commercial enterprise trying to maximise their market share and make a buck out of an unprotected idea that they've seen.

    Apple Fanbois complain that their champion could never do wrong, and there must be a misunderstanding.

    Vitriol is swapped.

    No minds are changed.

    World continues spinning.

    1. Anonymous Coward
      Anonymous Coward

      @Jeepboy

      Erm... first paragraph is bollox. This guy was not the first person to think of syncing over wifi.

      The rest is probably pretty much spot-on, except I don't know anyone - eve the 'fanbois' who think that Apple is perfect. The only people I see stating that are the rabid 'anti-fanbois' who use it as a stick to smack 'fanbois' with.

  23. The Fuzzy Wotnot
    Happy

    Superb!

    Everyday there's another good punch-up amongst the fanbois, that's why I love The Reg! Always brightens up my lunchtime break.

    Now when are we going to get a popcorn icon just for use on these sorts of stories?

  24. osd775
    Stop

    isync icon plus wifi icon in iphone icon shape?

    seems fairly obvious to me alas start the witch hunt!

  25. cloudgazer

    Somewhat disingenuous

    In order to modify the iPhone's iTunes library he almost certainly had to use some non-public API calls. As far as I'm aware they only added public functions to access the iTunes library in OS 4 and even then it was only read access. 'iPod library access lets your application play a user’s songs, audio books, and audio podcasts. The API design makes basic playback very simple while also supporting advanced searching and playback control.'. Use of such functions was always going to result in Apple refusing to circulate his app, so there was no point acting all surprised about it. All apps that use non public API calls get rejected.

    By the same token, if it came to court, Apple would argue that the reason that they had kept those APIs private was because they were reserved for future iOS level improvements. That essentially his app broke their copyright by utilizing their code without permission. In fact they could probably have sued him over his app on cydia.

    If I'm wrong about this by all means somebody post a link to the public API that allows modification of the iTunes library on iOS.

  26. Dan Wilkinson

    This guy should sue...

    http://www.androidzoom.com/android_applications/tools/wifi-sync-screen_rizq.html

  27. Anonymous Coward
    Boffin

    This is where software patents are *useful*

    They would have protected the little guy from having his idea poached by Apple - and in the US there's a 12-month grace period for filing, so in a nice twist he could have funded it from the sales to Jailbreakers.

    Moral for the little guy - protect your innovative one-trick ponies.

    / It's a corporate world, play by the rules.

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