the tablet war is heating up

[Banshee16]

Problem is that everyone uses the word "app" and last I checked the word app is not a registered trademark, and even if it were it fallen into common usage. So let's look at the usage in question: "App Store." That describes a store that sells apps, not a store that sells iOs apps.

Allowing apple to have and keep the trademark on "App Store" instead of just the trademark for "Apple App Store" or "iTunes AppStore" would be like giving Ford the trademark the phrases "Automotive Deallership" or "Auto Deallership" since the phrase is too generic on its own.

Exactly....that's kind of what I'm getting at. Apps weren't invented by Apple
so App Store is as generic as shoe store.

Banshee

 

[Banshee16]

Except for how "app" isn't the one word used by everyone to describe the thing sold at the App Store. Software for computing devices is generic, and "software store" is certainly as generic as "shoe store". Apple wasn't the first to use the term "app", but they certainly were the ones to popularize it, and most certainly for mobile devices.

Prior to Apple's "App Store" you could download software for your mobile device -- your Palm PDA or phone, your Symbian PDA or phone, your Microsoft Pocket PC PDA or phone, your Nokia phone -- from a wide range of "stores" and, strangely, none of them were called "app store". They weren't even called things like "Palm App Store" or "Pocket PC App Store". If it's so obvious and generic, why wasn't it used? Why weren't those software downloads even called "apps"?

If Apple had decided to call downloadable software for the iPhone "applets" and opened the "Applet Store" and everyone who followed started calling them "applets" too and opening up "applet stores", I take it you would similarly argue that Apple's trademark on "Applet Store" would be invalid because suddenly everyone's using the term "applet", is that right?

What's the reason that downloadable software for a mobile device has to be called "apps" by Google or by anyone but Apple?

I'm playing a bit of devil's advocate here, in that I suspect the trademark won't end up being defensible, but I strongly feel that the "it's a completely obvious use" argument simply doesn't hold water: if it was so obvious then it would have been in use, and if "app" was such an obvious generic term for downloadable mobile software then they would have been called "apps".

Microsoft has objected to Apple's trademark application on the grounds that the word "app"is shorthand for application and has been in use for over 1o years. Even Steve Jobs has been recorded using the term in public, when referring to the stores of his competitors. How can they claim to trademark something that was in use 10 years before they opened their app store?

Banshee

 

[falcarrion]

Having used an iPad for a bit, I find myself wanting to just go to reliable websites instead of popping open an app. I don't want a restriction on what I can do because the app doesn't have it, or that I need to pay $30+ for it. Just like so many other trades, there are not enough apps to support what I do while the industry websites and sources have matured to use the Internet well. Perhaps there needs to be more time for the apps to get there, but in the meantime I'm not paying for apps that I can use a website for free with better accuracy.

If that is the case. Why not setup an app icon to go to the website.

 

[Banshee16]

If that is the case. Why not setup an app icon to go to the website.

Because the website may have an interface that includes Flash elements?

That's a big reason why Apple needs so frikkin many apps. Want to measure connection speed, download the Speedtest.net app, since the actual website uses Flash.

That would be my main guess.

Banshee

 

[Felon]

Except for how "app" isn't the one word used by everyone to describe the thing sold at the App Store. Software for computing devices is generic, and "software store" is certainly as generic as "shoe store". Apple wasn't the first to use the term "app", but they certainly were the ones to popularize it, and most certainly for mobile devices.

Prior to Apple's "App Store" you could download software for your mobile device -- your Palm PDA or phone, your Symbian PDA or phone, your Microsoft Pocket PC PDA or phone, your Nokia phone -- from a wide range of "stores" and, strangely, none of them were called "app store". They weren't even called things like "Palm App Store" or "Pocket PC App Store". If it's so obvious and generic, why wasn't it used? Why weren't those software downloads even called "apps"?

If Apple had decided to call downloadable software for the iPhone "applets" and opened the "Applet Store" and everyone who followed started calling them "applets" too and opening up "applet stores", I take it you would similarly argue that Apple's trademark on "Applet Store" would be invalid because suddenly everyone's using the term "applet", is that right?

What's the reason that downloadable software for a mobile device has to be called "apps" by Google or by anyone but Apple?

I'm playing a bit of devil's advocate here, in that I suspect the trademark won't end up being defensible, but I strongly feel that the "it's a completely obvious use" argument simply doesn't hold water: if it was so obvious then it would have been in use, and if "app" was such an obvious generic term for downloadable mobile software then they would have been called "apps".

As you say, the term "app" has been around a long time, and is simply an abreviation of "application". As such, it's simply not something that someone can claim a trademark. That they popularized it with mainstream consumers through their undeniably innovative approach to smartphones doesn't create any legal entitlement to force others to call their app stores something than an app store.

The initial priority behind the laws governign trademarks, patents, copyrights, and public domain were to ultimately server the many, i.e. the consumer. Gradually this has been chipped away at as business have gained increased influence over legislation, but the fact remains that ultimately, the decision in this case is that is not good for a consuemr who's looking to buy a shot to have to figure out what creative descriptor other business have come up with to identify themselves as a shoe store.

Btw, that's speaking as a proud iPhone owner.

 

[Relique du Madde]

If Apple had decided to call downloadable software for the iPhone "applets" and opened the "Applet Store" and everyone who followed started calling them "applets" too and opening up "applet stores", I take it you would similarly argue that Apple's trademark on "Applet Store" would be invalid because suddenly everyone's using the term "applet", is that right?

That would have been funny because well... Apple did coin the term "Applet" for the use of small applications (back in 1993) HOWEVER it became synonymous with Java, which is the basis of Android.

See why they didn't use "applet"?

 

[Fast Learner]

That would have been funny because well... Apple did coin the term "Applet" for the use of small applications (back in 1993) HOWEVER it became synonymous with Java, which is the basis of Android.

See why they didn't use "applet"?

It was also already in use for mobile software by, if I recall correctly, Palm in the late 90s, too, and they weren't referring to Java applets. I was simply using it as an example of a term for software.

 

[falcarrion]

Because the website may have an interface that includes Flash elements?

That's a big reason why Apple needs so frikkin many apps. Want to measure connection speed, download the Speedtest.net app, since the actual website uses Flash.

That would be my main guess.

Banshee

I could always get the Skyfire Web Browser app. Check out the link below.
Skyfire for iPhone | Skyfire
http://www.skyfire.com/en/product/ipad

Personally I like having a large amount of apps to choose from. Then I can customize my ipad to my liking. It also lets me work off line. I'm not always in an area with internet access. Sure some you will need to have access but not all.
If I really wanted to expand the abilities of my Ipad I could always jail break it.

 

[Banshee16]

I could always get the Skyfire Web Browser app. Check out the link below.
Skyfire for iPhone | Skyfire
Skyfire for iPad | Skyfire

Personally I like having a large amount of apps to choose from. Then I can customize my ipad to my liking. It also lets me work off line. I'm not always in an area with internet access. Sure some you will need to have access but not all.
If I really wanted to expand the abilities of my Ipad I could always jail break it.

I like that aspect of my iPhone as well. But I get more dropped calls, and more issues with call quality than I did with my Blackberry, and I find e-mails and texting aren`t nearly as good.

But, as a portable computer? Very useful.

Banshee

 

[Banshee16]

So, speaking of iPhones, my wife had hers knocked from her hand tonight, and it pretty much pulled a "T-1000 at the end of Terminator 2".

I thought Gorilla Glass was supposed to make the phone more resistant?

This thing couldn't be in worse condition than if I'd beat on it with a sledgehammer.

Very disappointed. That's ALOT of money to spend on a device that can break so thoroughly that easily.

No wonder Apple sells so many of them. I wonder how many are replacements?

Banshee