Apple may face copyright abuse action over lyric-serving Apps
For all the talk of app store disapprovals for no good reason, sometimes Apps make it into the store that perhaps shouldn’t be there - take, for example, some of the lyrics-serving Apps, which face friction from the copyright police.
A case in point from Music Ally this morning - a new series of 99-cent ‘Sing Along With’ Apps from developer, Apptia.
These Apps don’t mention the names of the artists whose song lyrics are included within the applications, and nor has the developer paid for use of the copyrighted music, the report explains.
Artists include Shania Twain, Phil Collins, Lady Gaga and Nickelback.
“The app blurbs make it clear that they’re not officially connected (and thus presumably not officially licensed) with the artists,” Music Ally informs, also observing that Apple may face some complaint from its music label partners for offering these Apps up for sale, should copyright deals not have been reached between the developer and the relevant song publishers for use within the applications.
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Comments (19)
Maybe someone will develop an app for tracking Apple's app reviews goofs and gaffs.
What more evidence is needed to demonstrate that Apple's app review process is both inept and arbitrary?
Inept and arbitrary because it's not 100% perfect? If anything, this is a perfect object lesson for why this kind of painful approval process is so necessary. There's always someone waiting to sue if you give them the least opening. Behind the scenes, people will be going through the algorithm and making necessary adjustments to detect and prevent this category of apps. And the process will become even more byzantine. And afterward, no one will remember why it had to be that way. They'll just bitch and stamp their feet like children whose world is too narrow to understand why they can't always get things completely their way.
Variable, non-standardized, inscrutable processes lead to inferior results and adverse outcomes. All you offer is excuses, obfuscations, and nonsensical storytelling. Ever think that you may be part of the problem?
Obfuscation is what you're doing. Not that it'll do any good to tell you so.
1) Variable? Of course it is. There’s an incredible number of apps submitted weekly. Every one of them is different in some way (yes, probably even the fart apps). There are no criteria that can be designed that won’t have variability in the results. Sometimes it’ll be because the criteria weren’t applied correctly. Sometimes one reviewer might be over-zealous; sometimes another reviewer will be too lenient; and sometimes you get a reviewer who applies the rules correctly after a previous one was lenient. There’s been a number of rejections that seemed pretty lame, to be sure. But even if the reviewers couple apply their rules unerringly, it’s very hard to design criteria that split a body of unique items into two groups in a way that works nicely for every case. I've seen a bunch of suggestions along the lines of “let 'em all through unless they’ve got bugs”. The above-named app is a perfect example of why that can’t be allowed. But you were too busy insulting me to notice, I guess. No doubt better criteria could be devised. It’ll still be subject to problems. Apple’s grip is probably tighter than mine would be. But then again, I don’t have a million lawyers sitting up late at night wondering how to get rich by suing me.
2) Non-standardized? Apple has given a few glimpses into the process going on behind the scenes. It appears to be quite standardized, in that they’ve given each person a standard set of criteria by which to judge apps. As mentioned above, variable results does not equate to incompetent criteria behind the scenes. Humans are involved. And collecting edge cases can be very useful in trying to understand where criteria are broken. There’s been some evidence Apple does that. The criteria probably are not modified as thoroughly or as quickly as people outside the Apple Legal Dept would like.
3) Inscrutable? This one might be fair, but like a lot of what you say, it’s overboard. It’s not inscrutable. Apple publishes their criteria, and by and large I suspect most rejections are according to the criteria. Nevertheless, there have indeed been some well-published rejections that didn’t seem according to the rules, and Apple has been too opaque in those cases.
None of the above constitutes excuse-making. It’s simply an attempt to understand a very complex process, only parts of which outsiders like me & you have seen. It’s an acknowledgement that things that involve humans are complex. Nowhere have I said the App Store approval process is perfect, or unbroken, or even great. What I have said, though, is that it’s unfortunately necessary. I said we’ve just seen an object lesson in why it’s necessary. And you responded ad-hominem.
It’s true of any set of criteria that it’s imperfect. It’s the classic politician’s wedge. The challenger can always criticize the incumbent. Even when a process is basically sound (like this one may or may not be), someone can always come in and say “You should have done more of X, or less of Y, and Z should have been sooner.” Whatever. The test is can you do better? In your case and my case, we’ll never know. I'm pretty sure I could design criteria that would be basically fair, detailed enough to catch most things, but not so detailed that employee’s brains would implode; and I’m equally sure that my criteria would cause Apple to be gutted by lawyers while I shook my head in disbelief. All the while, the blogosphere would hold aloft every questionable edge-case as evidence that I was an idiot.
So I'm part of the problem because I'm trying to understand both sides of the problem, you say. Unlike you, who only admits to one of those sides. But your anger-mongering is not part of the problem? You’ve got some growing up to do. Please do it in silence.
I needed a laugh.
Apple typically releases the hounds (aka lawyers) whenever someone dares challenge Apple's exclusivity in the market place, but no one at Apple had a clue that Apple was promoting illegal copyright infringement. Way to go, my fruity co-conspirator. How's the shoe fit now?
So, why would Apple be legally responsible for the content of these apps?
1. Apple is negligent by permitting someone to commit copyright infringement by not performing a basic or rudimentary validation of the legal bona fides of the app.
2. Apple is a co-conspirator if Apple knowing allowed someone to commit copyright infringement.
Given Apple's decades long legal battles over its own rights to the Apple icon, branding, copying, counterfeiting, and the like, Apple should be more than aware of how this type of illegality is committed.
This would be just like amazon or Walmart selling a product. They aren't going to due background checks to make sure the developers had all the licenses in place. But once it comes to light the apps will probably be pulled.
This has nothing to do with copy right infringement against Apples own images or check for app functionality.
I'm sure if some company tried to sell a product with Walmart written all over it that Walmart would complain about that just like Apple.
I've said it in other posts, but here's how it works:
The developer got money. Apple got money (30% of each sale, the money that was left in the account when the developer disappeared, and of course the developer fees). The rightsholders got squat. They can't find the developer to sue them and Apple says, "Hey! It's not our fault! We're just the middlemen!"
Needless to say, Apple isn't all that interested in solving this problem for rightsholders, since they're making money off of it.
maybe you should just stop saying it altogether. ?
No one gives a shit about your fracking opinion, as you have no credentials -- other than the fact that you managed to find this site, somehow.
This is just ridiculous.
Nothing more and nothing less. The ones who understand and know them by heart can sing along and the others just have to pay?
Maybe this is a big hint that the music industry has sat on its derriere for so long, that they haven't successfully served a need for example, for digital sleeve notes, and lyric information to be tied in with a song or album?
I wonder what Apple could do... Oh wait - you can cut and paste or automate insertion of lyrics into the tab for the individual song, and iTunes LP is a starting format for the music industry to really use digital media and create compelling benefits.
A record label just sueing doesn't get it at all. They could be proactive, share the music and information with fans *and* make money from it.
Maybe this is a big hint that the music industry has sat on its derriere for so long, that they haven't successfully served a need for example, for digital sleeve notes, and lyric information to be tied in with a song or album?
I wonder what Apple could do... Oh wait - you can cut and paste or automate insertion of lyrics into the tab for the individual song, and iTunes LP is a starting format for the music industry to really use digital media and create compelling benefits.
A record label just sueing doesn't get it at all. They could be proactive, share the music and information with fans *and* make money from it.
In the realms of money-making enterprises, pride, anger, and legal wrangling there are no such things as benign neglect and innocence by ignorance. Apple has unwittingly discovered that guilt by association is tacit confession of sins. All of Apple's shame could have been avoided if only there was a real desire to thoroughly and carefully scrutinize the products it sold.
all these stupid long posts are making me feel like a douche.
You are not experts in IP.
and seriously, who the fuck uses numerical points in a supposedly brief web post? (see guy several up)
One doesn't need postgraduate training to know stupidity. Apple's mistakes are glaringly obvious and its app review process is a problem of its own creation. People expect more from Apple.