This week we look at how Apple and a Swedish photographer don't see eye to eye over a disputed image, how new developments in an ebooks antitrust case may bump up your iTunes account, and yet another move in the global chess match with Samsung. It's all fun and games until someone uses an eye!
When it comes to questions of infringement, proper usage of content is truly in the eye of the patent holder. Patently Apple reports that Sabine Liewald, of Switzerland, clearly believes that Apple looks at the use of her image much differently than her and her agent, and now finds herself in the eye of a litigation storm with Cupertino.
Liewald created and owns a photograph entitled "Eye Closeup," which her agency licensed to Apple for layout purposes only. Apparently, Apple was fully away that they were not authorized to use the image in any type of advertising, yet went ahead and placed the image in keynote addresses and advertising for the MacBook Pro.
Um...yeah. Eye see what she is claiming.
Liewald filed suit in the United States District Court for New York Southern District Court, and Judge Jesse M. Furman has been assigned the case. In the lawsuit, Liewald is seeking "actual damages including defendant's profits." This appears to be a case that should be settled quickly with a sincere mia culpa as well as a fair, eye-for-an-eye check from Cupertino.
It is a case that is more about Kindle vs. iPad than the cost of ebooks. We've been following the developments in the Department of Justice's antitrust case against Apple, and Cupertino's claims that Amazon was the real culprit. Apple even went so far as to subpoena Amazon last month, claiming the government was being led to court by Amazon based on unsubstantiated claims.
"Amazon was the driving force behind the Government’s investigation, and it told a story to the Government that has yet to be scrutinized," Apple claimed. "In all, the Government met with at least fourteen Amazon employees—yet not once under oath."
The government is moving forward with a settlement reached with three of the publisher, and Amazon is just giddy over the fact that customers will soon see reduced ebook prices as well as credits for past purchases. In an email that went out over the weekend, Amazon stated, "We have good news. You are entitled to a credit for some of your past e-book purchases as a result of legal settlements between several major e-book publishers and the Attorneys General of most U.S. states and territories, including yours."
Thanks for your books, writers. We'll be giving them away to sell more of these.
Apple quickly sent out a similar email to iTunes customers, as Cupertino will have no choice but to comply if the settlement is upheld next February. Amazon, who has staked their ebooks empire on selling works below cost as a loss-leader simply to generate Kindle sales, is very pleased with the likely possibility that they will be able to return to their old schemes; authors and publishers trying to make a living writing books are most likely not.
In August, just days after winning a huge, billion dollar lawsuit against Samsung in California, Apple failed to win a different infringement lawsuit against Samsung in Japan. According to Bloomberg, Cupertino just filed the paperwork to appeal that decision.
I'm here pretty much every week.
The Tokyo District Court found, on August 31, that Samsung did not infringe on several Apple patents that manage synchronizing music and video data with servers, and Apple was ordered to pay the costs of the lawsuit. Neither company has issued a statement on this latest, but expected, development, and we'll continue to keep an eye on this case.
Because, really, what is a Law & Apple column without a mention of Samsung and Apple in court?
Follow this article's author, Adrian Hoppel on App.net.
