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Apple Rips Off Rejected App, Says Wireless Sync Developer

Haedrian writes "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.' Last year, UK developer Greg Hughes submitted an app for wirelessly syncing iPhones with iTunes libraries, which was rejected from the official App Store. Fast forward to Monday, when Apple unveiled a set of new features for the upcoming iOS 5, including the same wireless-syncing functionality. Cupertino wasn't even subtle about the appropriation, using the precise name and a near-identical logo to market the technology."

549 comments

  1. in this age by Anonymous Coward · · Score: 5, Insightful

    in this age of corporate hypocrisy, it amazes me how any company has fanboys at all.

    1. Re:in this age by Anonymous Coward · · Score: 0

      haha maybe. they're the same type who buy into personality cults... like scientologists.

    2. Re:in this age by Anonymous Coward · · Score: 0

      I much prefer cargo cults.

    3. Re:in this age by t2t10 · · Score: 1, Insightful

      How is that different from religious hypocrisy? The Catholic church has 1 billion fanboys, and it has done a lot more evil than Apple.

    4. Re:in this age by WhirlwindMonk · · Score: 2

      I like cargo shorts. Excellent way to carry around my iPod, my iPhone, and my iPad. If only apple made iShorts and iBoxers I'd be living the dream...

    5. Re:in this age by JugglingReferee · · Score: 0

      lmao Bitter much?

    6. Re:in this age by Anonymous Coward · · Score: 0

      in this age of corporate hypocrisy, it amazes me how any company has fanboys at all.

      Most on the net are paid shills. For unethical companies such fraud is cheap and easy.

    7. Re:in this age by Anonymous Coward · · Score: 0

      Yep, the only one with more fan boys than the catholic church is Satan; he has a lot more.

    8. Re:in this age by Zarian · · Score: 2

      What the $%^& does that have to do with what anon posted? How the hell did you get modded up?

    9. Re:in this age by Anonymous Coward · · Score: 0

      Don't bring Microsoft into this..

    10. Re:in this age by GameboyRMH · · Score: 2

      The closest thing they have to iHell is where they shun you for not owning an iPhone:

      http://www.cracked.com/video_18269_the-new-iphone-ads-are-getting-out-hand.html

      --
      "When information is power, privacy is freedom" - Jah-Wren Ryel
    11. Re:in this age by node+3 · · Score: 0

      in this age of corporate hypocrisy, it amazes me how any company has fanboys at all.

      Are you serious? A vocal swath of buffoons here on Slashdot simply define anyone who says anything positive about Apple as a "fanboy".

      In this case, the story is completely distorted. Apple has *always* maintained control over how iOS syncs. It's not like they rejected the app, thinking "hey, nice ideal, we'll reject your app so we can take it!" They rejected it because it violated Apple's terms. Now they are updating iOS and iTunes (and iCloud), adding the same feature. Again, as syncing method which they control.

      But, since I don't think this is some horrible thing, I'm obviously a "fanboy"...

    12. Re:in this age by nomadic · · Score: 1

      No, you're a fanboy because of your multiple posts expressing your anger that anyone dares criticize Apple, on this and other stories, and your sig.

    13. Re:in this age by __aasehi2499 · · Score: 2

      How is that different from religious hypocrisy? The Catholic church has 1 billion fanboys, and it has done a lot more evil than Apple.

      Relevant how????

    14. Re:in this age by CapnStank · · Score: 1

      I'm not an apple dev or user so I'll blindly agree with the point you make regarding licensing. But you CANNOT tell me straight faced that Apple did not rip off the name & logo.

    15. Re:in this age by dswskinner · · Score: 1

      The Logo is basically a mash up of the Apple logos for iSync and Airport. So I would question if the developer has ownership of that. The name, fair enough, But how many permutations of "wireless" and "synchronisation" can you come up with? A bit like "app store" really, but i think Apple are in the wrong on that one.

    16. Re:in this age by node+3 · · Score: 1

      Please, cite even ONE example of me saying "how dare you criticize Apple!" or expressing the equivalent. My sig points out the lack of perspective of the stereotypical slashdot nerd.

      I've never told anyone here they couldn't have a negative opinion about Apple. On the contrary, I've made many posts saying there's nothing wrong with that at all. Hate Apple all you want, that's your own business. No one is demanding you like them. But I do try correct false assertions and also point out that the nerd perspective is far from universal (embodied in my current sig).

    17. Re:in this age by node+3 · · Score: 2

      I'm not an apple dev or user so I'll blindly agree with the point you make regarding licensing. But you CANNOT tell me straight faced that Apple did not rip off the name & logo.

      The name? Of their WiFi sync feature that they called WiFi Sync? The feature that has a logo that combines Apple's own logo for WiFi and iSync? Is that what you are referring to?

      You can't really be claiming that Apple didn't come up with these on their own, but merely copied them from this guy, right?

    18. Re:in this age by t2t10 · · Score: 1

      I was responding to anon's "amazement" and pointing out that there are much bigger and older organizations that are hypocritical and still have tons of fanboys. In fact, Apple has become a religion.

    19. Re:in this age by Sheik+Yerbouti · · Score: 1

      It's not new, it's not THIS age. That has always been the joke on the fanboys and girls is they are schilling for mutli-m(b)illion dollar multi-nationals for free. When these companies in every case can quite easily afford their own PR firms, shill bloggers, and astroturfers.

      Apple, Microsoft, Sun, Oracle, Google, etc... do not love you. They are amoral they exist to maximize shareholder value. Sometimes their interests will coincide with yours, this is a coincidence, and not much should be read in to that coincidence.

    20. Re:in this age by Kyusaku+Natsume · · Score: 2

      Since both logos are just a mix of the common Apple's logos for sync and wireless, is hard to see a rip off. Being extremely close minded you can say that the developer, Greg Hughes, ripped off Apple's logos.

      --
      Mexico: 100% conservative's America now!
    21. Re:in this age by Unkyjar · · Score: 1

      How is it different? I dunno, for one thing it costs a lot less to switch religions than it does to switch all your tech? Am I right? What do I win?

    22. Re:in this age by Anonymous Coward · · Score: 0

      Indeed! And unlike the Catholic Church, Apple hasn't contributed to genocide, desecrated the corpses of previous Apple CEOs, or tortured people who wouldn't switch. So there are differences. But not in the sense that matter for the analogy.

    23. Re:in this age by Wovel · · Score: 1

      That is actually a more accurate statement then saying Apple copied his logos. They were in fact Apple's logos first. All he did was paste one inside the other.

    24. Re:in this age by thejynxed · · Score: 1

      Yes, but the fact remains, the developer did it first, by a year or more, not Apple. Right or wrong, I don't know under current international copyright accords.

      I am betting Apple took the easy way out on this, hoping nobody would notice or protest too loudly.

      --
      @Mindless Drivel: 100% of Twitter posts ever Tweeted.
  2. OMG, no. by Anonymous Coward · · Score: 0

    You can't trademark a descriptive name. The idea of wireless sync'ing itunes is not original. Sorry man, maybe they ripped off your icon but that's as far as it goes.

    1. Re:OMG, no. by lwsimon · · Score: 2, Interesting

      He goes on to say that they specifically told him that the Apple dev team looked at his app and were impressed.

      Last I checked, that would make this a derivative work.

      --
      Learn about Photography Basics.
    2. Re:OMG, no. by ls671 · · Score: 3, Insightful

      I would never put any apps that I designed on the app store. You become just to dependent on how Apple feels and the payout aren't that good compared to what Apple gets.

      One exception could be in the sole purpose of getting free publicity, but never as a source of revenue. Now, the guy has got all the publicity he deserved anyway.

      --
      Everything I write is lies, read between the lines.
    3. Re:OMG, no. by SuricouRaven · · Score: 1

      Why not? Here in the UK, we're trademarked the color orange.

    4. Re:OMG, no. by SuricouRaven · · Score: 1

      Then you don't get any money at all. There are only two ways to get software on an iPhone - the market, and jailbreaking. The jailbreakers are a tiny portion of the market.

    5. Re:OMG, no. by ls671 · · Score: 2

      I agree, that's why I do not develop anything apple centric although I have looked at the possibility.

      --
      Everything I write is lies, read between the lines.
    6. Re:OMG, no. by mSparks43 · · Score: 1

      Then you don't get any money at all. There are only two ways to get software on an iPhone - the market, and jailbreaking. The jailbreakers are a tiny portion of the market.

      Really? The only way you know how to make money is put apps on apples iPhone?
      Poor you.
      Literally I'd guess.

    7. Re:OMG, no. by Fjandr · · Score: 1

      In the US, it's the color purple that's been trademarked. It wouldn't surprise me if the rest were as well though.

      Bonus points to anyone who knows which company actually holds the trademark on the color purple.

    8. Re:OMG, no. by MokuMokuRyoushi · · Score: 1

      Reading comprehension is useful, as well as context. He wrote that in reply to "I would never put any apps that I designed on the app store. You become just to dependent on how Apple feels and the payout aren't that good compared to what Apple gets". On top of that, he never implied there to be one single way to make money.

      --
      Humans are terrible replicators of Godly things.
    9. Re:OMG, no. by dougisfunny · · Score: 1

      wasn't it fedex?

      --
      This is not the funny you're looking for.
    10. Re:OMG, no. by MokuMokuRyoushi · · Score: 1

      Bonus mission - tell if if any shapes are patented, and which ones.

      --
      Humans are terrible replicators of Godly things.
    11. Re:OMG, no. by Anonymous Coward · · Score: 0

      You can't have it both ways. Read what you just wrote, "You can't trademark a descriptive name"

      The article says Apple is trying to stop Amazon from using the term "App Store".

      Make up your mind fan boy. ;-)

    12. Re:OMG, no. by Fjandr · · Score: 1

      Nope, it's actually 3M.

    13. Re:OMG, no. by mug+funky · · Score: 1

      does reading comprehension include the ability to comprehend sarcasm?

    14. Re:OMG, no. by MokuMokuRyoushi · · Score: 1

      Interestingly, it does... Normally I'd facepalm here, but I can't be sure if you were continuing the joke, so I'll pulling the killswitch before we reach the meta-sarcasm.

      --
      Humans are terrible replicators of Godly things.
    15. Re:OMG, no. by exomondo · · Score: 1

      Then you don't get any money at all. There are only two ways to get software on an iPhone - the market, and jailbreaking. The jailbreakers are a tiny portion of the market.

      Based on his sales through Cydia that 'tiny portion' seems to have paid off.

    16. Re:OMG, no. by SuricouRaven · · Score: 1

      But if he had been able to use the official app store? Probably have sold ten times as many. At least.

    17. Re:OMG, no. by exomondo · · Score: 1

      But if he had been able to use the official app store? Probably have sold ten times as many. At least.

      Obviously, but given his sales through Cydia the idea that you 'don't get any money at all' if you don't use the App Store doesn't appear accurate.

    18. Re:OMG, no. by NinetyOneDegrees · · Score: 1

      No it's not. Just copying an idea is not enough it make it a derivative work.Ideas are cheap.

    19. Re:OMG, no. by Anonymous Coward · · Score: 0

      Well, IMHO he ripped off iSyncs and the WiFi icons in OS X so he can cry all he wants. He might have made a good utility, but it was never innovative nor unique in any way.

    20. Re:OMG, no. by lordholm · · Score: 1

      The "original" icon in turn was a ripoff of the Mac OS WiFi and iSync menu bar icons. If I would design an icon for wireless syncing, a combination of these sounds pretty natural, and Apple would probably have arrived at the same icon even without having seen the other application.

      --
      "Civis Europaeus sum!"
    21. Re:OMG, no. by Anonymous Coward · · Score: 1

      Reading comprehension can only go so far when sarcasm is delivered so poorly if at all.

    22. Re:OMG, no. by SimonTheSoundMan · · Score: 1

      Then you don't get any money at all. There are only two ways to get software on an iPhone - the market, and jailbreaking. The jailbreakers are a tiny portion of the market.

      Three. You can distribute apps yourself.

      "In-house Distribution

      iPhone apps provisioned using the enterprise distribution method are not submitted to the App Store. In-house apps can be hosted on a website, file sharing system or simply emailed directly to users. Installation for the user is as simple as syncing with iTunes."

      http://www.apple.com/uk/iphone/business/apps/in-house/resources.html

    23. Re:OMG, no. by raynet · · Score: 1

      Unless he sent them the sourcecode, I cannot see how it could be a derivative work.

      --
      - Raynet --> .
    24. Re:OMG, no. by somersault · · Score: 1

      The Geodesic Dome? :p

      --
      which is totally what she said
    25. Re:OMG, no. by lwsimon · · Score: 1

      Perhaps this is my ignorance showing - but don't you have to send them the source code for review before you can be included in the AppStore?

      I can't imagine that with all the talk about Apple's "secure, walled garden" app approval process, they don't do a source review.

      --
      Learn about Photography Basics.
    26. Re:OMG, no. by E+IS+mC(Square) · · Score: 1

      Yep, because money trumps everything. Right on, brother.

    27. Re:OMG, no. by Politburo · · Score: 1

      Did you even read the link you posted? How do you plan on joining the "iPhone Developer Enterprise Program", which is "for companies with 500 or more employees"?

    28. Re:OMG, no. by j00r0m4nc3r · · Score: 1

      He goes on to say that they specifically told him that the Apple dev team looked at his app and were impressed.

      Translation: "Nice try, junior. Now toddle along."

    29. Re:OMG, no. by macs4all · · Score: 1

      Well, IMHO he ripped off iSyncs and the WiFi icons in OS X so he can cry all he wants. He might have made a good utility, but it was never innovative nor unique in any way.

      Good point! It really IS the simple combination of two already-trademarked Apple logos!

    30. Re:OMG, no. by j00r0m4nc3r · · Score: 1

      Whenever I think of purple I think of Barney. So sad...

    31. Re:OMG, no. by Killjoy_NL · · Score: 1

      Madison Cube Garden :)

      --
      This is the sig that says NI (again)
    32. Re:OMG, no. by lee1 · · Score: 1

      Four. You can distribute as a web app and hope that people pay you for it.

    33. Re:OMG, no. by node+3 · · Score: 1

      He goes on to say that they specifically told him that the Apple dev team looked at his app and were impressed.

      Being "impressed" doesn't change the terms for the App Store. You can't duplicate core functionality. Syncing the music storage is core functionality.

      Last I checked, that would make this a derivative work.

      Yes, it's a derivative work of iOS 4. Music syncing has been a part of iOS from day one. So has wireless syncing. Both have been expanded and updated over the years, and now iOS has (or will shortly have) the two integrated together.

      To be a derivative work, the work has to be based off of something else. iOS 5's wireless syncing is not based off of this guy's work.

    34. Re:OMG, no. by aristotle-dude · · Score: 1

      He goes on to say that they specifically told him that the Apple dev team looked at his app and were impressed.

      Last I checked, that would make this a derivative work.

      Sorry but no. Unless if Apple copied his code then it is not a derivative work. If anything, his icon was a derivative work of the iSync icon. Apple already had wireless syncing through mobileme for contacts and calendars (now iCloud) and they had "wired" syncing through iTunes. Wireless syncing just combines the two.

      Apple was most likely already working on their wireless syncing and probably had to delay it a couple of times already.

      --
      Jesus was a compassionate social conservative who called individuals to sin no more.
    35. Re:OMG, no. by Anonymous Coward · · Score: 0

      They (Apple) DID ask for his CV...

  3. Corporate arrogance by ozmanjusri · · Score: 2, Insightful

    Apple may have been working on this functionality for iOS 5, when Hughes released his version, but that doesn't excuse the arrogant behavior. At the very least, they could have brought him in as a consultant or paid him for his efforts.

    --
    "I've got more toys than Teruhisa Kitahara."
    1. Re:Corporate arrogance by im_thatoneguy · · Score: 3, Interesting

      They did ask for his resume when they rejected his app.

      The whole thing is ridiculous. I'm a huge Apple hater but only because usually it's Apple claiming this nonsense *cough app store* but it's clearly an obvious idea that iPhones competitors already do. And his logo is just a composition of the universal icons for Sync and Wifi. (Then again his logo is substantially more legible, so bravo to him)

      And I'm sure he used some interesting and impressive hacks to trick the iphone into wirelessly syncing. Apple has no need to do that, they can just add APIs directly to the OS so there is no need to steal his code.

      Furthermore, even the developer doesn't seem to care.

    2. Re:Corporate arrogance by mjwx · · Score: 0

      Apple may have been working on this functionality for iOS 5, when Hughes released his version, but that doesn't excuse the arrogant behavior. At the very least, they could have brought him in as a consultant or paid him for his efforts.

      Why are people surprised,

      First Apple sue Samsung for having rounded corners that look something like the Iphone, then reveal that they ripped the notification drop down box out of Android and bolted it into IOS.

      Stealing other peoples ideas is Apple's modus operandi.

      --
      Calling someone a "hater" only means you can not rationally rebut their argument.
    3. Re:Corporate arrogance by catmistake · · Score: 1

      The original AppleTV used wifi syncing. iPod/iPhone wireless syncing has been anticipated for years. If this developer had anything whatsoever to offer, Apple would hire him.

    4. Re:Corporate arrogance by Anonymous Coward · · Score: 0, Flamebait

      And the sheeple still keep filling the coffers of apple like the blind dumb sheep they are ,you whinge and moan about apple but dont have the balls to do a thing the entire bunch of you are wolly woofters .

      You still buy the crap if you were as pissed and indignant as you all make out apple would be dead now but not one of you got balls pathetic.

    5. Re:Corporate arrogance by tyrione · · Score: 1

      Apple may have been working on this functionality for iOS 5, when Hughes released his version, but that doesn't excuse the arrogant behavior. At the very least, they could have brought him in as a consultant or paid him for his efforts.

      Apple has patents on this functionality. They're just now rolling it into iOS 5. Follow their patents once and a while and you'll discover this was well in the works for several years.

    6. Re:Corporate arrogance by xded · · Score: 2

      Furthermore, even the developer doesn't seem to care.

      From TFA:

      Since the official rejection, Hughes's app has become one of the most popular offered in the Cydia store, with more than 50,000 sold in the past 13 months. Throughout that time, Wi-Fi Sync has cost $9.99, not including occasional promotional discounts. Hughes declined to say how much he has grossed in sales [...]

      Maybe that's why he's not interested. And maybe that's also why Apple didn't feel the need to pay him for his efforts...

    7. Re:Corporate arrogance by Rockoon · · Score: 1

      They did ask for his resume when they rejected his app.

      Let me get this straight.. they banned his work from their store and then they offered to pay him to not develop apps for the alternative store?

      --
      "His name was James Damore."
    8. Re:Corporate arrogance by Morky · · Score: 1

      Wow, one sensible post. There used to be a lot of these on Slashdot.

    9. Re:Corporate arrogance by coinreturn · · Score: 1

      They did ask for his resume when they rejected his app.

      Let me get this straight.. they banned his work from their store and then they offered to pay him to not develop apps for the alternative store?

      Wow, that is not what was said AT ALL. They were considering hiring him for his obvious skillset.

    10. Re:Corporate arrogance by Anonymous Coward · · Score: 0

      I stopped reading at "huge Apple hater". Your arrogance is ridiculous even for you.

    11. Re:Corporate arrogance by Trillan · · Score: 1

      Apple has probably been doing some work on this since before the iPhone was ever showed to the public. It's also against terms for the app store. Of course they're going to reject it, and it's insane to think they'd stop work on their own project because of that.

      Add basic functionality to the OS and you're going to get rolled over eventually.

    12. Re:Corporate arrogance by Anonymous Coward · · Score: 0

      The fact that the name and the icon are the same is too coincidental.... I'd be inclined to believe that argument if not for that fact.

    13. Re:Corporate arrogance by nagnamer · · Score: 1

      So Apple seems to need more capable developers, because this guy obviously didn't take 'several years' to implement this feature.

      --
      Every harsh word you utter has the right address. It only sounds harsh because the one on the envelope is the wrong one.
    14. Re:Corporate arrogance by rhalstead · · Score: 1

      How can Apple sue anyone for using the word App? App is a generic term that is short for application and has been in use for at least a decade or more.

  4. Violate the TOS? by exomondo · · Score: 1

    It seems his app violated the developer agreement from TFA:
    that it did things not specified in the official iPhone software developers' kit.

    It's not news that Apple devs aren't constrained by the same agreement as other developers. If you use private/undocumented APIs then it's common knowledge that you'll probably get rejected so why even bother?

    1. Re:Violate the TOS? by msauve · · Score: 4, Interesting

      Didn't Microsoft lose an anti-trust suit (2002) for using undocumented Windows APIs to their own advantage against independent developers? Why should Apple be different?

      --
      "National Security is the chief cause of national insecurity." - Celine's First Law
    2. Re:Violate the TOS? by superwiz · · Score: 4, Insightful

      For one, because they don't have a monopoly on "smart" phones. Having a legally recognized monopoly is not illegal. But it does restrict actions which a monopolist can take in the market place. Since Apple doesn't have 100% of the market, they clearly don't have a monopoly. So the range of actions they can take is wider than a range of actions a monopolist would.

      --
      Any guest worker system is indistinguishable from indentured servitude.
    3. Re:Violate the TOS? by exomondo · · Score: 1

      Didn't Microsoft lose an anti-trust suit (2002) for using undocumented Windows APIs to their own advantage against independent developers? Why should Apple be different?

      Because Microsoft had a monopoly on the operating system market, Apple doesn't have a monopoly on the smarphone market.

    4. Re:Violate the TOS? by hahn · · Score: 2
      Having 100% of the market is not the definition of a monopoly. If it were, then Microsoft didn't have a monopoly. From Wikipedia:

      In economics, a monopoly (from Greek monos / (alone or single) + polein / (to sell)) exists when a specific individual or an enterprise has sufficient control over a particular product or service to determine significantly the terms on which other individuals shall have access to it.

      The main issue is leverage. Can anyone argue that Apple *doesn't* have leverage?

      --
      "The only normal people are the ones you don't know very well."
    5. Re:Violate the TOS? by hahn · · Score: 0

      Didn't Microsoft lose an anti-trust suit (2002) for using undocumented Windows APIs to their own advantage against independent developers? Why should Apple be different?

      Because Microsoft had a monopoly on the operating system market, Apple doesn't have a monopoly on the smarphone market.

      I don't think you fully understand the definition of a monopoly. It's not simply the market share.

      --
      "The only normal people are the ones you don't know very well."
    6. Re:Violate the TOS? by Fjandr · · Score: 1

      Not enough leverage, despite the claims of fanboys that Apple is the dominant smartphone provider.

      They're actually #3, though supporters like to claim they're #2 by including all iOS devices, regardless of whether they can make actual phone calls or not.

    7. Re:Violate the TOS? by GumphMaster · · Score: 1

      That's hardly an adequate explanation. I'll bet that iPhone SDK does not specify a bird throwing API... so surely Angry Birds is in violation for doing "things not specified in the official iPhone software developers' kit" too :)

      --
      Patent litigation: A doctrine of Mutually Assured Destruction... in which everyone seems willing to push the button
    8. Re:Violate the TOS? by Belial6 · · Score: 1, Funny

      Microsoft didn't have a monopoly on the operating system market. The had a monopoly on the very narrowly defined consumer desktop OS market. By the same token, Apple has a monopoly on the iOS market.

    9. Re:Violate the TOS? by exomondo · · Score: 1

      That's hardly an adequate explanation. I'll bet that iPhone SDK does not specify a bird throwing API... so surely Angry Birds is in violation for doing "things not specified in the official iPhone software developers' kit" too :)

      well obviously they are alluding to it using undocumented APIs.

    10. Re:Violate the TOS? by Dahamma · · Score: 4, Insightful

      But in this case the important market statistic is not the number of *smartphones* sold, it's the number of smartphone *apps* sold. The monopoly in question is developer access to the platform, not customer access.

      Besides, who really give a crap about market share by units? Market share by profit margin is all that really matters. Apple makes a metric crapload of money on each device (the Android manufacturers make a lot less, and Google makes almost nothing).

      And more relevant to this thread, Apple has almost 70% of the smartphone app market by number of apps, and over 90% of the market by sales. Statistics over the last year have clearly shown Android users just don't like paying for apps the way iPhone users do. That's more than enough leverage over app developers.

    11. Re:Violate the TOS? by exomondo · · Score: 2

      Didn't Microsoft lose an anti-trust suit (2002) for using undocumented Windows APIs to their own advantage against independent developers? Why should Apple be different?

      Because Microsoft had a monopoly on the operating system market, Apple doesn't have a monopoly on the smarphone market.

      I don't think you fully understand the definition of a monopoly. It's not simply the market share.

      I don't think you're fully capable of comprehending what is clearly written, I never once even made any mention of market share.

    12. Re:Violate the TOS? by exomondo · · Score: 0

      Microsoft didn't have a monopoly on the operating system market. The had a monopoly on the very narrowly defined consumer desktop OS market.

      Yes, obviously.

      By the same token, Apple has a monopoly on the iOS market.

      The iOS market? You mean devices that ship with iOS on them?

    13. Re:Violate the TOS? by Anonymous Coward · · Score: 0

      By the same token, Apple has a monopoly on the iOS market.

      it's not "by the same token" at all you moron, that's like saying Microsoft has a monopoly on the Windows market! an obviously redundant statement.

    14. Re:Violate the TOS? by msauve · · Score: 4, Insightful

      "I don't think you fully understand the definition of a monopoly. It's not simply the market share."

      No, he doesn't. Not only is it not just market share, but it's not just the smartphone market. Apple has a dominant position in digital music distribution. More importantly, it's not a matter of monopoly, but antitrust behavior. Illegal antitrust behavior does not require a monopoly position - merely restraint of trade or an "attempt to monopolize." Refusing a competitor access to a sole market sure seems to be that.

      --
      "National Security is the chief cause of national insecurity." - Celine's First Law
    15. Re:Violate the TOS? by camperslo · · Score: 3, Insightful

      Why should Apple be different?

      Because the situation is completely different.

      MS used undocumented OS features in Office, leveraging their OS to advantage in selling a separate expensive app suite which was in direct competition with third party products in a standard category of user app software.

      In this case, the app, which broke stated rules in using a private API, clearly was treading in areas relating to core OS functionality. Users must not be subjected to modifications that may break when the OS is updated. A syncing utility can strongly affect network traffic, device speed, bandwidth costs, battery life, local or remote data loss or corruption... (error handling must account for many possible situations). Clearly such sensitive areas are appropriately controlled by Apple in order to uniformly achieve optimal performance.

      Apple is not selling a competing app.
      Some of the things Apple has developed or enhanced have been made open source in the interests of advancing the art, and can actually be used by competitors.
      I believe a couple of those technologies would be called on by a well written syncing utility. Bonjour a service discovery protocol, and launchd a unified, service management framework for starting, stopping and managing daemons, applications, processes, and scripts. Obviously Apple started working with syncing many years ago.

      Apple has promoted open-standards and has put a great deal of effort into Webkit, an open source browser technology that is widely used (in Apple's Safari, and also on Android)

      There are people that look for excuses to bash Apple. This isn't a situation where that is appropriate. Someone submitted an app that broke rules, and now some whine about the consequences. It's destructive and distracting enough when political parties banter over nonsense. Shouldn't people with some technological understanding attempt to rise above that sort of thing? Time to move along...

      https://secure.wikimedia.org/wikipedia/en/wiki/Launchd

      https://secure.wikimedia.org/wikipedia/en/wiki/Bonjour_(software)

      https://secure.wikimedia.org/wikipedia/en/wiki/Webkit

    16. Re:Violate the TOS? by indeterminator · · Score: 0

      For one, because they don't have a monopoly on "smart" phones.

      They have a monopoly on iOS apps.

    17. Re:Violate the TOS? by exomondo · · Score: 1

      "I don't think you fully understand the definition of a monopoly. It's not simply the market share." No, he doesn't. Not only is it not just market share, but it's not just the smartphone market. Apple has a dominant position in digital music distribution.

      Firstly, I never mentioned market share at all. I'm not sure how you can expect to have a reply taken seriously when it is a reply to something you have so obviously not even read.

      And secondly even if they do have a dominant market position in digital music distribution they are in no way leveraging that in this case, the music you get from their service is DRM-free, you are not in any way tied to Apple products.

    18. Re:Violate the TOS? by Wolfling1 · · Score: 0

      Unless I'm mistaken, you can't run a browser other than Safari on an iPad. And its built into the OS.

      Wasn't there some anti-trust case against Microsoft about that?

    19. Re:Violate the TOS? by Uberbah · · Score: 2, Insightful

      Hmmm no. You don't have to have 100% marketshare to be a monopolist, but enough to negatively effect both customers and competitors.

      Which Microsoft obviously had in spades.

      By the same token, Apple has a monopoly on the iOS market.

      Riiiight. Just like Nintendo has a "monopoly" on Wii's and Ford has a "monopoly" on Mustangs.

      You're using that word, "monopoly", it it doesn't mean whatever it is you think it means.

    20. Re:Violate the TOS? by Anonymous Coward · · Score: 0

      Unless I'm mistaken, you can't run a browser other than Safari on an iPad. And its built into the OS. Wasn't there some anti-trust case against Microsoft about that?

      You are mistaken. Several browsers are available for the iPad. Good to see the FUD machine is still in high gear.

    21. Re:Violate the TOS? by tm2b · · Score: 1

      Unless I'm mistaken, you can't run a browser other than Safari on an iPad. And its built into the OS.

      You're mistaken. You can't use a different *rendering engine* from WebKit, but there are a number of other browsers that are sold on the strength of different user-facing functions.

      Atomic Web Browser, for one.

      --
      "It is our blasphemy which has made us great, and will sustain us, and which the gods secretly admire in us." - Zelazny
    22. Re:Violate the TOS? by shmlco · · Score: 1

      In order to sync the iTunes library you have to break the application directory sandbox rule. It's clearly specified, and to do so in a major no-no, and an automatic fail.

      --
      Any sect, cult, or religion will legislate its creed into law if it acquires the political power to do so.
    23. Re:Violate the TOS? by Anonymous Coward · · Score: 0

      But in this case the important market statistic is not the number of *smartphones* sold, it's the number of smartphone *apps* sold. The monopoly in question is developer access to the platform, not customer access.

      Besides, who really give a crap about market share by units? Market share by profit margin is all that really matters. Apple makes a metric crapload of money on each device (the Android manufacturers make a lot less, and Google makes almost nothing).

      And more relevant to this thread, Apple has almost 70% of the smartphone app market by number of apps, and over 90% of the market by sales. Statistics over the last year have clearly shown Android users just don't like paying for apps the way iPhone users do. That's more than enough leverage over app developers.

      Agreed with almost everything... except that the money Apples makes is measured in "imperial crapload" not in metric.

    24. Re:Violate the TOS? by hkmwbz · · Score: 1

      Monopoly is purely about market share. Having a monopoly is not illegal. Abusing it is.

      --
      Clever signature text goes here.
    25. Re:Violate the TOS? by hkmwbz · · Score: 1
      No, the "consumer desktop OS" market is not a Microsoft market. The "iOS market" is a market created and owned by Apple.

      There were other consumer desktop OSes out there. There are no other iOSes out there.

      You are a moron if you think comparing a product monopoly (Microsoft owning Windows, Apple owning iOS) to a market monopoly (Microsoft dominating the desktop OS market, Apple dominating the smartphone market (which they don't)).

      --
      Clever signature text goes here.
    26. Re:Violate the TOS? by Anonymous Coward · · Score: 0

      They are selling iCloud, but somewhere in your little rant there you seemed to have missed that eh. If people had been in the habit of syncing at home with alternative software, adoption of Apple's new system may not be as fast.

      The rest of your post devolves into a froth of fanboi spittle about Webkit (really so off topic, but nice try). I find it hilarious too you think Apple is protecting your bandwidth and battery by keeping APIs private. You really fit the apple fanboy mold well.

    27. Re:Violate the TOS? by angel'o'sphere · · Score: 1

      I doubt that this is the case here ;D

      The point is that all vendors are required *not* to use undocumented API class. Because they may change without notice on the next iOS upgrade and then the already deployed app on the phone/iPad will break.

      That does not mean that Apple is calling those API functions directly and is getting an advantage. It only means they are there ... perhaps called from more higher level funtions.

      --
      Cost free eBook I read (by iBook/Kobo/Amazon/ObookO/Gutenberg etc.): "The Green Odyssey" by Philip Jose Farmer.
    28. Re:Violate the TOS? by CrackedButter · · Score: 1

      Android Fanboys include all devices so why shouldn't Apple fanboys? If we go off a per device basis, then the iPhone with iOS is most popular. Anyway, it doesn't matter. Apple deliberately include all iOS devices together for their potential with developers. Also now with iMessages, Skype, Viber, are you telling me the iPad ISN'T essentially a phone? Apple are deliberately blurring the lines.

    29. Re:Violate the TOS? by Anonymous Coward · · Score: 0

      Yeah, but they stole^H^H^H^H^Hforked WebKit from an open source software and called it their own.

      'create their own original technology, not steal ours.'

    30. Re:Violate the TOS? by owlstead · · Score: 1

      Maybe it broke rules, but is that enough to be called "defective"? It did seem to work and work pretty well if you look at all the people that were using it. And then Apple sees it and thinks: whoops, we may have our strategy wrong about this, lets build exactly the same functionality. I'm far from an Apple hater (mostly because I can see the beauty in their designs) but this certainly reeks.

      I'll stay with android though. It's not without its faults, but at least it's less scary than iOS.

    31. Re:Violate the TOS? by owski · · Score: 1

      Every company has a monopoly if you define the market narrowly enough.

    32. Re:Violate the TOS? by Anonymous Coward · · Score: 0


      Because the situation is completely different.

      MS used undocumented OS features in Office, leveraging their OS to advantage in selling a separate expensive app suite which was in direct competition with third party products in a standard category of user app software.

      And apple, in this case, leveraged not only their OS but also their unwarranted power to dictate which app a user may or may not access through the official third-party access point to block third party products. If this wasn't enough, apple leveraged their OS and dominance on that platform to not only block a third-party application but also shamelessly ripping it off, down to how it looked.

      It isn't the same situation at all. It's more serious and blatantly dishonest than that. It would be like Microsoft blocking firefox from installing in Windows and then go around their backs and provide a purposely built browser which even came with icons of a fox circling a globe.

    33. Re:Violate the TOS? by Anonymous Coward · · Score: 0

      You know? fuck you, IT is wrong Apple is wrong, zealots will go as longs as required to favor their master.

    34. Re:Violate the TOS? by Anonymous Coward · · Score: 0

      Clearly such sensitive areas are appropriately controlled by Apple in order to uniformly achieve optimal performance.

      Clearly? You're an Apple shill. Ever thought of getting a real job and not be a parasite?

    35. Re:Violate the TOS? by itsdapead · · Score: 1

      Riiiight. Just like Nintendo has a "monopoly" on Wii's and Ford has a "monopoly" on Mustangs.

      ...and Waddingtons (or whoever) have a monopoly on Monopoly(tm) :-)

      You're using that word, "monopoly", it it doesn't mean whatever it is you think it means.

      Not quite (trademarks, copyright, patents all create and legally support "monopolies" of a sort) - the point is the offense being discussed here is monopoly abuse - i.e. using your monopoly to distort the market by (e.g.) using it to take over a related market - not simply having a monopoly. Whether or not "Brand X corp" can be said to have a monopoly on "Brand X Widgets(tm)" doesn't count towards monopoly abuse.

      In the UK we have (had?) the Monopolies Commission to oversee such things. People often asked why there was only one Monopolies commission...

      --
      In a survey of 100 programmers, 111111 thought that duck-typing was a good idea.
    36. Re:Violate the TOS? by Anonymous Coward · · Score: 0

      Having 100% of the market is not the definition of a monopoly. If it were, then Microsoft didn't have a monopoly. From Wikipedia:

      In economics, a monopoly (from Greek monos / (alone or single) + polein / (to sell)) exists when a specific individual or an enterprise has sufficient control over a particular product or service to determine significantly the terms on which other individuals shall have access to it.

      The main issue is leverage. Can anyone argue that Apple *doesn't* have leverage?

      Reading fail. Leverage != control.

    37. Re:Violate the TOS? by Anonymous Coward · · Score: 0

      Why do all these obvious remarks all get +5 ratings when the name 'Apple' is dropped? I get the feeling moderation on this topic is a bit...well...biased.

    38. Re:Violate the TOS? by harperska · · Score: 1

      Do you know what an API is?

      Or are you suggesting that Apple implemented bird throwing routines in iOS, and then hid them, just to be mean to the Angry Birds developers?

    39. Re:Violate the TOS? by Stupendoussteve · · Score: 1

      It worked pretty well, but not always. I had issues with it both on the device and with the companion desktop app.

      Also, Apple already had the patent.

    40. Re:Violate the TOS? by index0 · · Score: 1

      "Apple is not selling a competing app."

      MS was not selling Internet Explorer either.

    41. Re:Violate the TOS? by hahn · · Score: 1

      "Sufficient control over a particular product or service to determine significantly the terms on which other individuals shall have access to it" = leverage. If you disagree, then I don't know what else to say.

      I own a Mac Mini, Macbook Air, and an iPhone 3GS so I don't think anyone could really argue I'm anti-Apple. However, you'd have to be completely blind to argue that many of Apple's actions, especially lately are not in violation of antitrust laws. Also, their iOS apps customer base extends beyond iPhones - iPad and iPod Touch - which many people seem to conveniently forget about. So in terms of the app marketplace which is the real issue here (not smartphone market share), I think it's pretty obvious Apple has a "monopoly".

      Whether they allow an app or not is fully at their discretion. Their discretion seems to be based on whether or not it's a feature they can use to promote a future version of their own OS. In my opinion, this is one of the big reasons why Apple is moving the emphasis away from OS X and towards iOS. With iOS, they've somehow managed to find a loophole to the antitrust laws. The DOJ inexplicably has allowed them to get away with the stuff they've been pulling.

      --
      "The only normal people are the ones you don't know very well."
    42. Re:Violate the TOS? by superwiz · · Score: 1

      Sorry, I actually meant to say 50% of the market place rather than 100%. As in, "since Apple doesn't have 50% of the market." But even that can probably be disputed because as someone below points out, they have 70% of the app market.

      --
      Any guest worker system is indistinguishable from indentured servitude.
    43. Re:Violate the TOS? by superwiz · · Score: 1

      Just realized another point though. "Smart phone apps" is such a narrowly defined market place that having a monopoly in that particular market place may not be significant. The entire market place is so new and so specialized that it is vulnerable to competitive pressures.

      --
      Any guest worker system is indistinguishable from indentured servitude.
    44. Re:Violate the TOS? by ceoyoyo · · Score: 1

      Apple has something like 25% of the smart phone market. It's pretty hard to argue that they've got a monopoly.

      Your Wikipedia definition is silly. By that definition Coke has a monopoly (on Coke), Wal-Mart has a monopoly (on Wal-Mart stores) and Joe Blow developer has a monopoly (on that app he wrote last week while hung over).

    45. Re:Violate the TOS? by ceoyoyo · · Score: 1

      Doesn't matter. Microsoft was a monopoly because their OS was so widely used there simply wasn't a viable alternative. You COULDN'T switch to something else because either a) something else wouldn't run the programs you needed or b) things you produced on your alternative OS couldn't be easily used by people on Windows and vice versa.

      Apple is a minority player in the smart phone business, there are several viable alternatives (for both developers and end users) and smart phones all talk to each other quite successfully in all the ways that are necessary. "They have a monopoly because it's the platform I can make most money on!" isn't a valid argument.

    46. Re:Violate the TOS? by Fjandr · · Score: 1

      If we go off a per device basis, then the iPhone with iOS is most popular.

      The iPhone is behind both Android and Symbian in devices that can make cellular calls, which was the beginning and end of the point that they do not possess significant enough market share to be considered a monopoly in anything.

    47. Re:Violate the TOS? by Dahamma · · Score: 1

      I don't think you understood my point...

      If no one will buy apps on Android devices, it is not a viable alternative for professional developers or companies who build apps as their source of income. As many have said MONOPOLIES ARE NOT ABOUT MARKET SHARE. They are about CONTROL of a market, and Apple clearly has control of the mobile app market (let alone the downloadable music market).

    48. Re:Violate the TOS? by Wovel · · Score: 1

      In the UK we have (had?) the Monopolies Commission to oversee such things. People often asked why there was only one Monopolies commission...

      Thank you :)

    49. Re:Violate the TOS? by nagnamer · · Score: 1

      Appstore is the primary and only market for non-jailbroken iPhones. So yes, it's a monopoly.

      --
      Every harsh word you utter has the right address. It only sounds harsh because the one on the envelope is the wrong one.
    50. Re:Violate the TOS? by Fjandr · · Score: 1

      You don't understand what a monopoly is in the legal sense.

      Your comment makes sense only as much as saying HP is the primary and only market for new HP systems, and is therefore a monopoly.

      Apple is not the primary and only market for smartphones, which is the point. It's not even #2.

    51. Re:Violate the TOS? by nagnamer · · Score: 1

      You don't understand what a monopoly is in the legal sense.

      That could well be true. But given the only service for application developers to sell their apps to users of non-jailbroken iPhones is the Appstore, Apple has the power to control access to it, and therefore is in position to monopolize it. I wasn't talking about smartphones. I was talking about iPhone apps.

      Your comment makes sense only as much as saying HP is the primary and only market for new HP systems, and is therefore a monopoly.

      Apple is not the primary and only market for smartphones, which is the point. It's not even #2.

      As I said above, I was referring to the Appstore itself, as a market for iPhone apps, in which Apple has complete control over who gets what, including the iPhone and similar devices as a development platform. The correct comparison would be the Android store, whatever its name is.

      In fact, I don't think the concept of monopoly is relevant in itself. This is a situation where Apple has the power to deny apps that are competing directly or indirectly with the device's own features. Whether this happens through TOS is, in my opinion, less relevant. It's a form of control over competition that is very similar to monopoly, even if it doesn't directly affect the price end-users will be paying for the feature (i.e, they don't necessarily pay more because there's no competition). It certainly affects the capacity of 3rd party developers to capitalize on the platform.

      --
      Every harsh word you utter has the right address. It only sounds harsh because the one on the envelope is the wrong one.
    52. Re:Violate the TOS? by Anonymous Coward · · Score: 0

      This has already been said, but THIS chucklehead seems to be skimming, not reading the posts...

      FIFTY THOUSAND FUCKING DOWNLOADS of his program, at $10 a pop... doesn't sound like a "broken" app to me at all. Granted, I am less familiar with Apple Store apps versus Android Market apps, but if there is a program that runs that much money, and has 50k downloads... you can bet your ass it's NOT "broken".

  5. Apple may not have ripped this off. by John+Allsup · · Score: 2, Interesting

    Firstly, Apple may have rejected the app precisely because they were already developing the technology for iOS5 and knew that a syncing app would be redundant when iOS5 came out (and may have got into more trouble by allowing the app and then bringing out wireless sync technology in iOS5 when an app already provided the functionality.) Also, a third party app is not the place for this technology: it should be embedded in iOS5 as Apple are doing. Secondly, the logo combines the wireless logo (which is standard and is not an invention of this student) with the sync logo (two arrows round a circle) which is again standard and predates this student's app. Combining the two in the obvious way makes sense and it is hard to think of a better way of doing it. Again, Apple may have been developing this in house before this app and thus were right to reject it as they would an app that duplicates current built in functionality of iOS.

    --
    John_Chalisque
    1. Re:Apple may not have ripped this off. by Anonymous Coward · · Score: 0, Troll

      ^^^ fanboi

    2. Re:Apple may not have ripped this off. by Anonymous Coward · · Score: 0

      Apple may have rejected the app precisely because they were already developing the technology for iOS5

      Then prove it.

      How do you know Apple didn't simply look at his app and say "Hmm, thats a pretty cool feature that should be standard, but we don't want to deal with him or pay him any royalties. We'll just reject his app and then claim 'we were working on it internally!'"

    3. Re:Apple may not have ripped this off. by John+Allsup · · Score: 1

      I may have written a little too soon. But I still believe that built in to and a standard part of iOS5 is the right place for this kind of technology, not a paid for app.

      --
      John_Chalisque
    4. Re:Apple may not have ripped this off. by Anonymous Coward · · Score: 0

      Apple may have rejected the app precisely because they were already developing the technology for iOS5

      Then prove it.

      How do you know Apple didn't simply look at his app and say "Hmm, thats a pretty cool feature that should be standard, but we don't want to deal with him or pay him any royalties. We'll just reject his app and then claim 'we were working on it internally!'"

      Prove they did what you say.

    5. Re:Apple may not have ripped this off. by Anonymous Coward · · Score: 1

      SVN/GIT logs.

    6. Re:Apple may not have ripped this off. by Anonymous Coward · · Score: 3, Insightful

      And Microsoft believed the same of the web browser. Is bundling ok now?

    7. Re:Apple may not have ripped this off. by alobar72 · · Score: 1

      Your right - we don't know for sure. But don't you think it would we kind of weird, if apple had been blind on that eye? I mean, I'm just picturing Forestall in the meeting, face going pale, looking at Steve, saying"wow, we wouldn't have thought of that one... Wireless sync, what a great idea"

    8. Re:Apple may not have ripped this off. by Anubis+IV · · Score: 3, Insightful

      Not only that, but they apparently had other grounds for rejecting it as well, such as the fact that it used private APIs, from the sounds of things in the article. That alone is grounds for a rejection.

      And yeah, both the name and logo were obvious, non-trademarked, and based on existing ideas. What else would you call something that syncs over Wi-Fi besides "Wi-Fi Sync"? I didn't even realize it was an official name of the service during the keynote, and just thought it was the term used to describe what it does. And using the Wi-Fi and syncing insignias only makes sense, as you point out.

      Plus, they added Wi-Fi Sync as part of their effort to cut the cord, which tied in with the iCloud announcement, and it's not like iCloud was thought up yesterday, given that they had to build that massive data center in North Carolina which has been covered extensively.

    9. Re:Apple may not have ripped this off. by rampant+mac · · Score: 1, Funny

      "Secondly, the logo combines the wireless logo (which is standard and is not an invention of this student) with the sync logo (two arrows round a circle) which is again standard and predates this student's app.

      Someone trolled "fanboi" but let's take a look at that logo...

      Hmm, Apple Airport - released in 1999 (http://en.wikipedia.org/wiki/AirPort). Note that wireless icon there, it looks rather familiar, eh? If you click the picture, you'll note the original picture was uploaded in April 2007 (http://upload.wikimedia.org/wikipedia/en/archive/a/a0/20110415032314%21Connectwaves_20070109.png), months before the iPhone was released.

      Might just be a coincidence, right?

      Well, what about iSync? Uses the icon as depicted here. Looks familiar too! It's only been in use since 2003, so his "original" artwork is obviously compromised.

      Damn, dirty Apple and their stealing of their icons!

      --
      I like big butts and I cannot lie.
    10. Re:Apple may not have ripped this off. by Anonymous Coward · · Score: 0

      bundling has always been okay, even encouraged as far as i'm concerned. its those faggots who bitched and somehow got MS to release a euro-trash version that forces you to pick browsers who are the problem....and you apparently.

    11. Re:Apple may not have ripped this off. by MightyMartian · · Score: 2

      I can almost buy the logo explanation, but if the rest of your explanation is true, it's almost as bad as Apple stealing the app, because it indicates a private set of tests that will be applied to an app, namely "Maybe we're developing our own app, your app will compete it with it, therefore we're going to squash your app."

      Quite frankly, your explanation turns Apple from a thief into a capricious pack of assholes. I'm not sure which is worse, from a developer's point of view.

      --
      The world's burning. Moped Jesus spotted on I50. Details at 11.
    12. Re:Apple may not have ripped this off. by Anonymous Coward · · Score: 0

      Bundling is ok? So you're agree with the policy which singlehandedly killed off the Browser market? You're wondering why Flash is ubiquitous today? It's because MS decided IE6 was good enough, and didn't bother putting in all the animation and dynamic rendering support. If it was just a little less buggy and a little more open to add-ons, I don't think FireFox would have even had a chance... and We'd be stuck with IE7 with Flash support.

      You should be thankful for the people in Europe to be glad that they did that, ensure a healthy and competitive environment to keep things moving along.

    13. Re:Apple may not have ripped this off. by Rennt · · Score: 1

      And yeah, both the name and logo were obvious, non-trademarked, and based on existing ideas. What else would you call something that syncs over Wi-Fi besides "Wi-Fi Sync"?

      I know you're right... but somehow I don't think that's going to stop Apple registering them. I mean, what else are you going to call a store that sells apps?

    14. Re:Apple may not have ripped this off. by Ixokai · · Score: 1

      You have to be a monopoly to do monopolistic behavior.

      What Microsoft got in trouble for relates directly to the fact that Windows was a legal monopoly, and leveraged that monopoly to unfairly compete in OTHER markets.

      Nothing Apple does or does not do, no matter how much you may or may not like it, is comparable. Apple is not a monopoly in any way, shape or form -- Android fans are quick to point this out. (Sorry, iPhone is not a market). Even if they did wholesale steal this idea from this guy (which is fairly absurd, since calls for this functionality goes back to the very beginning -- and the "WiFi" sync of iTunes library is only one, and frankly not even that impressive, part of what iCloud is) it is not in any way, shape or form related to what Microsoft got in trouble with.

      Its not monopolistic, its not anticompetitive. Apple is not competiting with this guy.

      I'm not saying what they did is right, or that there aren't other grounds for an objection (or civil suit) -- but no. Microsoft's actions is not a precedent for Apple to be worried in the least about any of this. Its not an anti-trust violation.

      Its something that keeps coming up again and again and not just related to Apple: people seem to have no idea what the word "monopoly" means or what, actually, is illegal for a monopoly to do.

      Being a monopoly is entirely legal: its only illegal to use that monopoly in certain ways, to unfairly compete and hold that monopoly, or use it to leverage against other markets. But what is illegal ofr a monopoly to do is entirely legal -- even good business -- for someone else to do. (As much as they can -- monopolies inherantly can do stuff other businesses acn't)

    15. Re:Apple may not have ripped this off. by SuricouRaven · · Score: 2

      The same reason Winamp died* and WMA became the only audio format able to almost challenge MP3 for dominence, even though it's propritary and support is very limited. Microsoft bundled WMP, including the ability to rip CDs, but only to their propritary format. A lot of home movies are also made in WMV format purely because Windows Movie Maker is bundled. If you want to take over, bundling works.

      *And realplayer, but who misses that?

    16. Re:Apple may not have ripped this off. by Fjandr · · Score: 2

      Secondly, the logo combines the wireless logo (which is standard and is not an invention of this student) with the sync logo (two arrows round a circle) which is again standard and predates this student's app. Combining the two in the obvious way makes sense and it is hard to think of a better way of doing it.

      That it is an obvious combination is irrelevant. Trademarks are first-come, first-served. The only question is whether the developer applied for trademark protection. If he did, he would win against Apple given the time and money necessary to see a lawsuit against a major company through. That is highly unlikely to occur though, and Apple damn well knows it.

    17. Re:Apple may not have ripped this off. by iamhassi · · Score: 1

      Thank you, finally someone explains it perfectly. The real question is how did this even make it to the news? Seems rather obvious that wireless syncing would become a feature at some point. He should be happy he sold 50,000 copies at $10 a pop.

      --
      my karma will be here long after I'm gone
    18. Re:Apple may not have ripped this off. by Belial6 · · Score: 1

      iOS ain't done until Greg Hughes' Wifi Sync don't run.

    19. Re:Apple may not have ripped this off. by JinjaontheNile · · Score: 3, Insightful

      Rejecting it because it would be in IOS5, that doesn't help people prior to the release IOS5 and kills a nice little niche market for those who don't want to updgrade to IOS5

      The smell of corruption is strong in this one
      Combined with apple having proven itself time and time again to be a "do as I say, not as I do company"
      It is the sort of thing that companies can get away with due to trade secrets and closed source.
      The only way we can know for sure is for a disgruntled employee to spill the beans.

      I can never figure out why so many people try to be innovative with Apple products knowing the high probability they will be screwed over - They should just stick with Fart Apps and have done with it.

    20. Re:Apple may not have ripped this off. by mwvdlee · · Score: 1

      So whenever an outside party thinks of an idea that would be better suited at the OS level, they shouldn't be allowed to publish it at all?

      --
      Slashdot social media options: AIM, ICQ, Yahoo, Jabber and Mobile Text. Why no MySpace?
    21. Re:Apple may not have ripped this off. by Anonymous Coward · · Score: 0

      Don't even bother man it's like trying to convince a religious fanatic the earth is more that 4000 years old.

    22. Re:Apple may not have ripped this off. by Totenglocke · · Score: 0

      And Apple will get away with that crap - Bill Gates has the wrong political views, thus MS is always wrong and must be fined for everything they do. Steve Jobs holds the right views, thus Apple can do the same goddamn thing and it's perfectly OK.

      --
      "The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants." ~Thomas Jefferson
    23. Re:Apple may not have ripped this off. by LynnwoodRooster · · Score: 1

      Why is that so weird? It's obvious that Apple never thought that notifications could be handled by any means other than interrupting whatever the heck you're doing...

      --
      Browsing at +1 - no ACs, I ignore their posts. So refreshing!
    24. Re:Apple may not have ripped this off. by alobar72 · · Score: 1

      I think it is too obvious to implement _wireless_ sync on a _mobile_ device. Other Plattforms have it, you can download apps and music etc wirelessly - it was just a question of time when we would hit the spot on the IOS roadmap, where full wireless sync would be there, from my perspective.

    25. Re:Apple may not have ripped this off. by LynnwoodRooster · · Score: 1

      Yet for 4 years - it wasn't implemented. If it was obvious, Apple certainly weren't in any hurry to implement it...

      --
      Browsing at +1 - no ACs, I ignore their posts. So refreshing!
    26. Re:Apple may not have ripped this off. by owski · · Score: 1

      It is in the developer T&C.

    27. Re:Apple may not have ripped this off. by owski · · Score: 1

      Piece of cake, everyone knows it's 6000 years old.

    28. Re:Apple may not have ripped this off. by Anonymous Coward · · Score: 0

      So whenever an outside party thinks of an idea that would be better suited at the OS level, they shouldn't be allowed to publish it at all?

      Yup, that's what he's saying, which just goes to show you that they had idiots back in the 3-digit UID days, too.

      Or, he could be the person that won the auction for a low UID account some years ago... that would certainly explain a lot.

    29. Re:Apple may not have ripped this off. by Anonymous Coward · · Score: 0

      *Pukes*

    30. Re:Apple may not have ripped this off. by Anonymous Coward · · Score: 0

      If you have them, post them. If not, you haven't proved anything.

    31. Re:Apple may not have ripped this off. by Stupendoussteve · · Score: 1

      Because Apple already had a patent on the technology. Back in 2007.

    32. Re:Apple may not have ripped this off. by Anonymous Coward · · Score: 0

      You could call it a shop, market, retail site, centre, Then combine it with application, program, code, software, package...

    33. Re:Apple may not have ripped this off. by Nick+Ives · · Score: 1

      In response to your sig, it would seem that criticising Apple could be included!

      Apple fans yet again reminding me why, after being here for more than a decade, I usually make a point of ignoring Apple stories.

      --
      Nick
    34. Re:Apple may not have ripped this off. by Nick+Ives · · Score: 1

      It's obvious that Apple has a legal monopoly on iOS. They enjoy that monopoly due to their copyright on the code and binaries. They would only cease to have a monopoly iOS if a competitor clone emerged. Apple has a legal monopoly on iOS granted by copyright in exactly the same manner that MS has a legal monopoly on Windows, also granted by copyright.

      It's clear that regulators are currently taking this view towards the iOS ecosystem; Apple dropped the restrictions around using third party frameworks in iOS development after warnings from the FTC and the European Commission that they might start an investigation.

      So you can sit there and claim that iOS isn't a market unto itself, but the powers that be clearly feel different and in the above instance there was a case for them to start and investigation into competition concerns.

      --
      Nick
    35. Re:Apple may not have ripped this off. by Anonymous Coward · · Score: 0

      You might just as well say that Dell has a monopoly over Dell products, that HP has a monopoly on HP products, and that IBM has a monopoly on IBM products. Depending on your definition of monopoly, every company has a monopoly on its own products.

      But that's not how a monopoly is defined in US law. We've recently seen companies produce commercial systems that ran OS X, and they claimed that Apple was abusing their monopoly in OS X. It didn't get them very far because a monopoly is defined in terms of the total market for a type of product (for example, mobile operating systems), not the market for a single product of that type.

    36. Re:Apple may not have ripped this off. by intheshelter · · Score: 1

      And yet his post is accurate. So apparently fanboi=accurate

    37. Re:Apple may not have ripped this off. by intheshelter · · Score: 1

      Not in any hurry to implement it is not a crime. You prioritize your development, and even if the concept (wireless syncing) is many years old, you put the functionality on your roadmap based on prioritization.

    38. Re:Apple may not have ripped this off. by intheshelter · · Score: 1

      Bundling is okay as long as you don't use your monopolist position to stifle competition.

      And no, that is not what happened here, the developer's app violated app store rules so it got rejected.

    39. Re:Apple may not have ripped this off. by ceoyoyo · · Score: 1

      Obviousness factors into trademark cases. If you take two pre-existing symbols and obviously combine them into a trademark, you're going to have trouble arguing that ALL other combinations of those two preexisting symbols are trademark infringement. In this case the two icons are different enough you probably wouldn't confuse them and any confusion that would arise does so solely from the presence of the two previously existing symbols.

      Besides, it's almost certain the guy didn't apply for a trademark.

    40. Re:Apple may not have ripped this off. by ceoyoyo · · Score: 1

      Nonsense. They rejected it because in order to work the app had to break half of the clearly spelt out developer rules. Particularly the ones regarding messing around outside your app's sandbox and modifying system files.

    41. Re:Apple may not have ripped this off. by DaFallus · · Score: 1

      App Store sounds pretty obvious too; like a store where you can buy applications...

      --
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      Houston TX, USA
    42. Re:Apple may not have ripped this off. by Anubis+IV · · Score: 1

      Yes. And? There's nothing saying that a company can't engage in contradictory actions, and just because one action is in the wrong doesn't mean that the other is as well. We can condemn them for taking advantage of common sense even though they might be fighting against it elsewhere, but that doesn't mean that they're wrong here. It just makes them hypocrites, but even hypocrites can be right sometimes.

    43. Re:Apple may not have ripped this off. by perryizgr8 · · Score: 1

      so it took apple, the largest tech company, over a year to develop a trivial feature like wifi sync. yeah, right.

      --
      Wealth is the gift that keeps on giving.
    44. Re:Apple may not have ripped this off. by perryizgr8 · · Score: 1

      nope, you can sell any component (h/w, s/w) you want for dell pcs, without asking dell for permission. can you do the same for iphone? nope. not the same.

      --
      Wealth is the gift that keeps on giving.
    45. Re:Apple may not have ripped this off. by Nick+Ives · · Score: 1

      The OS X situation was completely different as the Mac clones were violating the terms of OS X. That was a copyright violation. If they had produced a full OS X clone without Apple trademarks in the same way the IBM BIOS was cloned, they'd have been OK.

      They should have just sold the boxes blank with a note saying Hackintosh compatible. If Apple were really behaving in an anti-competitive way with OS X - which they could do if they behaved towards third party OS X developers in the manner MS behaved towards certain third party Windows developers - Apple could just as easily run afoul of anti-trust law.

      --
      Nick
    46. Re:Apple may not have ripped this off. by Wovel · · Score: 1

      Except Wifi sync is not an Apple and Apple is not selling it. It is core functionality...

    47. Re:Apple may not have ripped this off. by Wovel · · Score: 1

      I am not even sure he complained. Story looks like someone claiming on his behalf.

    48. Re:Apple may not have ripped this off. by Fjandr · · Score: 1

      I'm aware obviousness applies to patent applications, but have never seen anything that relates to obviousness in trademark art. At the very least, it's not mentioned anywhere readily findable through the USPTO. Then again, that doesn't necessarily mean anything. :)

      If you were to take any major trademark, modify it slightly so that it had different colors and perhaps slightly different geometry, you'd still lose a trademark infringement case. It doesn't apply to all combinations of those symbols, but the two are more than substantially similar in this case.

    49. Re:Apple may not have ripped this off. by nagnamer · · Score: 1

      Secondly, the logo combines the wireless logo (which is standard and is not an invention of this student) with the sync logo (two arrows round a circle) which is again standard and predates this student's app.

      And the word 'appstore' combines the words 'app', and 'store' in a way that is not spectacularly innovative, and both of which predate Apple's Appstore brand. So if you say that this logo is not an original piece of graphic, then Appstore is also not an original brand name. Therefore, the hypocrisy theory still stands.

      --
      Every harsh word you utter has the right address. It only sounds harsh because the one on the envelope is the wrong one.
    50. Re:Apple may not have ripped this off. by nagnamer · · Score: 1

      [sarcasm]Microsoft is pure evil, whereas Apple is nothing by good.[/sarcasm]

      --
      Every harsh word you utter has the right address. It only sounds harsh because the one on the envelope is the wrong one.
    51. Re:Apple may not have ripped this off. by nagnamer · · Score: 1

      Hmm, Apple Airport - released in 1999 (http://en.wikipedia.org/wiki/AirPort). Note that wireless icon there, it looks rather familiar, eh? If you click the picture, you'll note the original picture was uploaded in April 2007 (http://upload.wikimedia.org/wikipedia/en/archive/a/a0/20110415032314%21Connectwaves_20070109.png), months before the iPhone was released.

      They should sue Mozilla for using that icon in a slightly modified way: http://mattbrett.com/blog/design/2005/the-new-standard-feed-icon/

      You can combine generic imagery to create original piece of art. It's a very very difficult topic for judges. For example, would changing the color of the airport icon constitute creation of the original art? Would changing the number of stripes do it? Would skewing the circle in the iSync app do it? Problem with both those icons is that they are too generic. It would be dangerous to allow such things to be protectable with all possible variations of color and texture. It's ok to allow that particular instance: combination of shape, color, and texture. But allowing protected variations would be dangerous to the design community as a whole.

      In case of the WiFi Sync logo, it's a grey area. The logos combine these generic items in the exact same way, except that the circular arrows in the original WiFi Sync logo are skewed, and colors are different. Depending no how you look at it, it may swing either way. You can say that the particular way of combining those generic elements comprises artistic expression, and hence the logo is protected. On the other hand, you may say that the combination itself is too generic (that's different from saying that the elements are too generic, because in most artworks, individual elements ARE generic). Personally, I think the latter argument would be harder to claim, but I suppose there might be judges that would allow it.

      --
      Every harsh word you utter has the right address. It only sounds harsh because the one on the envelope is the wrong one.
    52. Re:Apple may not have ripped this off. by nagnamer · · Score: 1

      Trademarks are first-come, first-served. The only question is whether the developer applied for trademark protection.

      Under the US law, trademark protection is automatic, just like copyright protection. Use of the signature is completely optional, and its absence does not remove the protection.

      --
      Every harsh word you utter has the right address. It only sounds harsh because the one on the envelope is the wrong one.
    53. Re:Apple may not have ripped this off. by alobar72 · · Score: 1

      I would think so too. Even a company like apple has limited development resources. They used to have laptops and desktops basically. With phones, cloud and tablets they have new product lines that demand many more resources. Their roadmap is really heavy I think. Sometimes you have to make sure that thinks work somehow first and later deal with making it cool later

    54. Re:Apple may not have ripped this off. by Fjandr · · Score: 1

      Yes, I'm aware it's automatic. However, barring unusual circumstances, having it registered dramatically increases the strength of a given party's case. I didn't intend to imply that he would have no case if he failed to register the mark.

  6. SLEEP WITH THE DEVIL AND YOU GET BIT !! by Anonymous Coward · · Score: 0

    In the words of Steve Jobs, I need another liver buddy !! Ya wanna sell me your liver ?? Yes, and we can talk about your app, but say no, and I'LL EAT YOUR LIVER !!

  7. Sad... by rampant+mac · · Score: 4, Insightful

    "Since the official rejection, Hughes's app has become one of the most popular offered in the Cydia store, with more than 50,000 sold in the past 13 months. Throughout that time, Wi-Fi Sync has cost $9.99, not including occasional promotional discounts."

    I wish I could come up with a rejection that earned me a few hundred grand. He must be crying while rolling around in all that money.

    --
    I like big butts and I cannot lie.
    1. Re:Sad... by Anonymous Coward · · Score: 1

      Yes, but it probably would have sold well over 500,000 had it been allowed into the real app store!

      dom

    2. Re:Sad... by ffejie · · Score: 2

      Agreed that he's making some nice cash, especially as a one man team. I don't know how Cydia does their payouts, but assuming it's 50% for the developers, he hasn't made that much. Specifically, because there are discounts offered. It appears that it's gone as low as $2.99 during certain sales. If you assume that 50% of the sales actually came during the discount period, the math looks like this:

      (50,000 downloads X 50% of sales X $9.99 + 50,000 downloads X 50% of sales X $2.99 ) X 50% Cydia Payout = $162K

      $162K is nothing to sneeze at, but I bet he'd rather have a developer job at Apple for his efforts.

      --
      Disagreeing with me does not mean you get to mod me troll.
    3. Re:Sad... by Anonymous Coward · · Score: 0

      He must be crying while rolling around in all that money.

      He would've probably had an insanely greater amount of sales if he'd been able to get in the app store, so yeah.

      Hey! Maybe he can sue them for all the sale he theoretically might've gotten just like how the RIAA sues pirates!

    4. Re:Sad... by microbee · · Score: 1

      You would have been richer had you spent more time on real work than throwing sarcastic comments at others' well-reserved successes.

    5. Re:Sad... by Anonymous Coward · · Score: 0

      What everyone is missing is that his app is terrible. After downloading at full price, it has never worked for me. Having the companion software installed on my Windows PC prevented ANY syncing whatsoever until it was uninstalled. Support requests are answered with a promise of a "new version" that was supposed to be here last December. Requests for a refund are flat-out ignored.

      Frankly, I don't have a lot of sympathy for this guy. His one-man operation is shady at best, and anyone painting him as the noble little guy being squashed by big Apple hasn't actually used this software.

    6. Re:Sad... by agentgonzo · · Score: 1

      $162K is nothing to sneeze at, but I bet he'd rather have a developer job at Apple for his efforts.

      I doubt it. They asked for his CV when they rejected his app. If he wanted a dev job at Apple, that was his way in. He obviously didn't

    7. Re:Sad... by zippthorne · · Score: 1

      Cydia takes nearly twice the cut that Apple itself does?

      --
      Can you be Even More Awesome?!
    8. Re:Sad... by ffejie · · Score: 1

      No, I don't know. I looked around and couldn't find any documentation on their cut.

      --
      Disagreeing with me does not mean you get to mod me troll.
    9. Re:Sad... by ffejie · · Score: 1

      I saw that comment - it wasn't clear if he gave him the CV, or if he told them to go screw.

      --
      Disagreeing with me does not mean you get to mod me troll.
  8. Seriously? by ryanw · · Score: 0, Troll

    Um dude, seriously?

    Apple is moving to "iCloud" and had invested billions into a new data center promoting this initiative. This wasn't a "new idea because somebody posted an app they thought was cool so they stole it" type thing.

    They had been moving this direction for a long long time. Syncing via wifi was next.

    As far as the logo, they came up with the logo the same way you did. Take "iSync" + wifi + icloud brushed metallic look and bam, you have their logo. No brainer.

    Syncing via wifi had been a much requested and anticipated feature. Not a fly by night ripoff idea from a Joe blow submission.

    1. Re:Seriously? by MightyMartian · · Score: 4, Insightful

      So we add another reason an app will be rejected; namely that the developer dared to write an app that competes with a future feature set.

      --
      The world's burning. Moped Jesus spotted on I50. Details at 11.
    2. Re:Seriously? by Anonymous Coward · · Score: 0

      The app was rejected because it called undocumented API's. A big no no if you want your app in the store. It's clearly spelled out in the agreements.

      Nothing more, nothing less.

    3. Re:Seriously? by Anonymous Coward · · Score: 0

      That is the upsetting part of this; it's not that the dev was rejected for an idea on paper that was later implemented by Apple, but that they wait until the tail end, when the development is invested and the product is near completion. I'm glad the guy found another application store where he can sell his app.

    4. Re:Seriously? by Ixokai · · Score: 1

      Also?

      Syncing the iTunes library (a heavily requested and talked about feature for a long time) via Wifi isn't even the interesting part of iCloud.

      Yes, iCloud is a rip off of this guy's thing.

      Only with, er, all that other stuff it does too, that his thing doesn't even kinda do.

    5. Re:Seriously? by MightyMartian · · Score: 1

      Yes, I'm sure that's the official explanation that all you fanbois will buy up.

      --
      The world's burning. Moped Jesus spotted on I50. Details at 11.
    6. Re:Seriously? by MimeticLie · · Score: 1

      The app was rejected because it called undocumented API's. A big no no if you want your app in the store. It's clearly spelled out in the agreements.

      But it's okay for Apple to use them? I seem to remember Microsoft getting into some trouble over that.

    7. Re:Seriously? by Anonymous Coward · · Score: 0

      Did that developer also develop a billion dollar data center to complement the syncing? Did he also write the backends needed for the music deals as well as the inevitable movies forthcoming?

      Apple strength has never been pure laboratory clean room invention. It's 10 parts hobbled technology 90 parts finesse. If they can't solve the problem elegantly they won't even touch the problem. 5 os versions to reach feature parity with android. 5!

    8. Re:Seriously? by Anonymous Coward · · Score: 0

      Yes it's fine. The rules are for developers, not themselves.

    9. Re:Seriously? by max · · Score: 1

      How many developers contact Apple before starting to design an app, while just in the idea phase, just to check if it might get approval? I doubt that there are that many.

    10. Re:Seriously? by shmlco · · Score: 1

      As I wrote above, in order to sync the iTunes library you have to break the application directory sandbox rule. It's clearly specified, and to do so in a major no-no, and an automatic fail.

      The rule is clear, and spelled out up front. It's not Apple's fault the guy decided to spend his nights and weekends writing an app that HAD to break the rules in order to function.

      --
      Any sect, cult, or religion will legislate its creed into law if it acquires the political power to do so.
    11. Re:Seriously? by Anonymous Coward · · Score: 0

      It has been part of eula that app may be rejected since it competes with current or future apple app.
      I have not read the eula for a while, but I assume it is stil there.

    12. Re:Seriously? by coinreturn · · Score: 1

      The app was rejected because it called undocumented API's. A big no no if you want your app in the store. It's clearly spelled out in the agreements.

      But it's okay for Apple to use them? I seem to remember Microsoft getting into some trouble over that.

      Apple is not SELLING a competing product. Wireless sync comes with the (free) OS. If they charged for the wireless sync, this might be remotely like the Microsoft case.

    13. Re:Seriously? by Anonymous Coward · · Score: 0

      That's fine. Plenty of times, the same thing is being worked on by separate parties.

      But when a corporation comes up with logo or whatever, they have the money to patent or trademark it, and as banal and obvious as it is, they will sue you for using anything that even resembles it. I mean, the word Appstore is right in the summary. And Apple sued over it. Even though it's such an obvious label for a store that sells apps.

      At the very least, the developer here has prior art claims.

    14. Re:Seriously? by acoustix · · Score: 1

      Apple is not SELLING a competing product. Wireless sync comes with the (free) OS. If they charged for the wireless sync, this might be remotely like the Microsoft case.

      The OS is free? Where can I get it? What? I can't? I have to buy something to get it? That doesn't sound free to me.

      And by the way - wireless sync is not part of any released iOS version to date.

      --
      "A plan fiendishly clever in its intricacies"- Homer Simpson
    15. Re:Seriously? by coinreturn · · Score: 1

      The OS is free? Where can I get it? What? I can't? I have to buy something to get it? That doesn't sound free to me..

      Don't be an ass. Yes, the OS is free with the purchase of the device - it is not an additional cost. That is in stark contrast to the Microsoft case (which was the comparison in my post) - MS Office was an additional cost over the cost of PC/OS.

    16. Re:Seriously? by perryizgr8 · · Score: 1

      Microsoft is not SELLING a competing product. Internet Explorer comes with the OS.

      ps: are you completely beyond professional mental help?

      --
      Wealth is the gift that keeps on giving.
    17. Re:Seriously? by coinreturn · · Score: 1

      ps: are you completely beyond professional mental help?

      Way to go with the ad hominem argument. You must be at least 13 years old.

    18. Re:Seriously? by Maxx169 · · Score: 1

      You had/have to pay for iOS upgrades on iPod Touches right ... as an 'additional cost over the cost of Device/OS'. Please explain what 'stark contrast' means.

    19. Re:Seriously? by coinreturn · · Score: 1

      I have always gotten iOS upgrades free. On rare occasion an upgrade costs a whopping dollar when Apple legal is afraid that new capabilities will affect them in some SEC way. I have never been affected by this. I think it only applies several generations of OS past a device obsolescence. Generally, it is free which, as you ask for clarification is STARK contrast to Windows upgrade costs.

  9. Wasn't this app obvious? by brian1442 · · Score: 0

    An app that does wireless syncing for iTunes is pretty obvious. Sure, Apple didn't have it before... but come on.. it's not like that dude invented the concept. And for the name.. it's called "Wi-Fi Sync." I mean if all the Apple Haters out there think that Apple's use of the term "App Store" is too generic because it describes what it is and therefore not trademarkable, then doesn't that also apply to an app that does wi-fi sync which is called "Wi-Fi Sync?" Congrats to the developer for selling so many copies via Cydia, and certainly there's a market to make and sell features that Apple hasn't made yet. But you can't possibly think that Apple got the idea and the name from this guy.

    1. Re:Wasn't this app obvious? by Aeternitas827 · · Score: 3, Insightful

      It's more the hypocrisy being showcased than anything. Apple are more than happy to go after a generic name that they just happened to use, and so did Amazon--yet, at the same time, they're doing the same damn thing with this. If they hadn't taken Amazon to task for using App Store, this bit would be pretty much non-issue (likewise, if they had chosen a variation on the name...maybe, 'Wireless Sync', or perhaps 'iSync' even)--then it would be simply a matter of whether or not Apple already had this in the pipe when it was submitted, and if not, if they took the idea of their own...and to a lesser degree, if they were already working on this or something like it, was it right to prevent a third-party from having their app out there being as they had no suitable solution in place themselves at the time.

      --
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    2. Re:Wasn't this app obvious? by exomondo · · Score: 3, Insightful

      I mean if all the Apple Haters out there think that Apple's use of the term "App Store" is too generic because it describes what it is and therefore not trademarkable, then doesn't that also apply to an app that does wi-fi sync which is called "Wi-Fi Sync?"

      Why is it that anyone who disagrees with something that Apple does is branded an 'Apple Hater'? I think App Store and Wi-Fi Sync are both too generic to be trademarked, but I also have an iPad and quite like it. Just because you disagree with Apple's position on something doesn't mean you hate the whole company.

    3. Re:Wasn't this app obvious? by microbee · · Score: 1

      To be fair, I don't think the term Wif Sync is trademarked.

    4. Re:Wasn't this app obvious? by mikael_j · · Score: 2

      [...] or perhaps 'iSync' even)

      They're already using "iSync", they have been using that name for a long time. Interestingly enough the logo for iSync is the whole "spinning arrows" bit around the standard wifi symbol that this app author uses.

      Yes, I'm implying that he basically combined the commonly used image for syncing with the commonly used image for wifi and bitched about how Apple "stole" his logo design like it was somehow unique and special...

      --
      Greylisting is to SMTP as NAT is to IPv4
    5. Re:Wasn't this app obvious? by socsoc · · Score: 1

      I'm pretty sure Wif Sync is trademarked by some redneck plumbers.

    6. Re:Wasn't this app obvious? by bennomatic · · Score: 2

      I'm with you on the App Store thing, although to be fair, if you look at Google Trends for the terms 'app' and 'app store' you can see that while the term "app" was certainly in use before the iPhone, indication is that its use, and the use of the term 'app store' took off significantly after Apple announced that they'd be opening the App Store via iTunes. While I think an 'app store' is just a store for apps, I can see why Apple's legal team feels they have a leg to stand on.

      Hypocrisy cuts both ways. The people who reacted most strongly to the Apple vs. Amazon thing are likely the people who are doing their best to call out Apple for this "theft".

      --
      The CB App. What's your 20?
    7. Re:Wasn't this app obvious? by Anonymous Coward · · Score: 0

      I know people who actually "hate" a company. Which is quite a bogus thing to do, if you ask me. I wouldn't waste my hate on a corporation.

      I prefer to spend my hate on my two ex-wives.

    8. Re:Wasn't this app obvious? by itsdapead · · Score: 1

      If they hadn't taken Amazon to task for using App Store, this bit would be pretty much non-issue

      ...and you seriously think that, Amazon's decision to launch a service called "App Store" was not inspired in any way by the success of the Apple "App Store"?

      If so, I have this bridge in Brooklyn you might want to buy.

      Is Amazon's MP3 download section titled "The MP3 Store?" (Clue: No its "AmazonMP3" - I'm betting they'd have got away with AmazonApps) Is the CD section called "The Amazon Record Shop"? (To be fair, they do say "Welcome to the Amazon Music store in the text at the top, but its not a title and there's no logo - again, they may have got away with this sort of reference to an app store). Is their "Toys and Games" section called "The Toy Shop" (No - they seem to prefer to use "Department" for this). Do they even use the words "Book Shop" to describe their original business line (I don't see it in on the current home page - its certainly not in the title or logo). Yet when they offer their software download service it was completely natural and obvious to slap an "Amazon AppStore" logo on it. Really?

      --
      In a survey of 100 programmers, 111111 thought that duck-typing was a good idea.
    9. Re:Wasn't this app obvious? by intheshelter · · Score: 1

      But isn't your complaint the same hypocrisy? All the haters bitch that Apple defends the App Store trademark because it's supposedly generic, but they rip Apple when they use the term WIFI Sync, when it is obviously generic. Looks like the hypocrisy goes both ways.

  10. Amiga zealots were nothing comparing to this by X.25 · · Score: 0

    Honestly, Apple freaks are worse than Amiga freaks (and I used to be Amiga freak of worst kind).

    And that is not a compliment.

    1. Re:Amiga zealots were nothing comparing to this by Anonymous Coward · · Score: 0

      Speaking as a former Amiga fanboy, I know exactly what you mean.

      Just the same, it's too bad we can't bring up Jack Tramiel on charges of crimes against humanity.

    2. Re:Amiga zealots were nothing comparing to this by MrDoh! · · Score: 2

      To be fair, we DID have THE best machine compared to anything else at the time (and for a few years after!).

      --
      Waiting for an amusing sig.
  11. oh, like apple? by perryizgr8 · · Score: 2, Insightful

    like how apple stole hardware tech from nokia, ericsson, etc and never paid them royalties?

    --
    Wealth is the gift that keeps on giving.
    1. Re:oh, like apple? by jo_ham · · Score: 1

      Ahahahahahahaha. Oh wait, you were serious, let me laugh even harder.

      Yeah, that's exactly what Apple did. *roll eyes*

      Run along kid, the adults are talking.

    2. Re:oh, like apple? by perryizgr8 · · Score: 1

      i'm sorry if i didn't get the humor, because that's exactly what happened. try to shake off the rdf before you comment next time.

      --
      Wealth is the gift that keeps on giving.
    3. Re:oh, like apple? by Missing.Matter · · Score: 1

      Then why are you in on the conversation? Can't remember the last time someone over 16 rolled their eyes at me.

    4. Re:oh, like apple? by Anonymous Coward · · Score: 0

      You should probably run along and join him if the 'adults are talking'.

    5. Re:oh, like apple? by jo_ham · · Score: 1

      No, it really isn't. Here's "exactly what happened" in an easily digestible format:

      * Nokia invents GSM and patents it
      * Nokia submits GSM as a standard for cellular communication
      * It is accepted, but under RAND terms since it will be a required part of any mobile phone to buy a licence to this patent - this means all licence costs must be the same for everyone who purchases it. For simplicity, let's say that's $10.
      * Lots of manufacturers make phones that all communicate with one another, each paying Nokia $10 or giving them something of equal value for the use of the patent.
      * Everyone is happy.

      *Apple comes along and makes the iPhone and submits a payment request to use GSM patents (note here, they *know* they must pay to use them - it's part of the RAND terms that protect *both* sides)
      * Nokia says "sure, but we want x,y and z patents from you, we think that comes to the $10 price for the GSM patents"
      * Apple says "no, x,y and z patents are worth a lot more than $10. We are willing (required) to pay $10 and that is what we will pay"
      * Neither side can agree on the value of Apple's patents that Nokia wants in exchange - Apple says they are high, Nokia says they are low.
      * They go to court to determine the value of the patents.

      At *no* point during any of this did Apple "steal hardware tech and not pay for it" - Apple *knows* they must pay to use the GSM and associated patents, and that they are covered under RAND terms so they will not pay more than anyone else is paying. That is exactly what the court case is about - they want to pay, but they legally don;t have to pay more than anyone else who paid to use the patents.

      That is what I was saying. However, it's clearly not as quick and pithy as "lulz, Apple stole from nokia and won't pay!"

      Seriously though, you probably have homework. We'll be here when you're done.

    6. Re:oh, like apple? by intheshelter · · Score: 1

      Funny how the courts didn't agree with you. Perhaps you have some more specific citations to offer rather than generic accusations?

    7. Re:oh, like apple? by jo_ham · · Score: 1

      So you're saying you hardly hang out with anyone over 16? That's not really a supporting argument. Perhaps you should get out more.

    8. Re:oh, like apple? by perryizgr8 · · Score: 1

      you're wrong. nokia, in its first lawsuit, demanded that the court set a fair price for the 10 patents apple was infringing upon. this shows that nokia is ready for apple to pay them in cash and move along. btw all of these patents are concerned with actual tech (umts, wlan, etc) not some overhyped ui bullshit.
      what does apple do? it refuses to pay up and countersues. for completely unrelated patents. more importantly it sues nokia for software patents.

      you're wrong about the homework too, btw. it's summer vacations :)

      --
      Wealth is the gift that keeps on giving.
    9. Re:oh, like apple? by perryizgr8 · · Score: 1

      nokia lost ONE lawsuit. not one of the patents in that lawsuit were part of the original patent dispute.

      --
      Wealth is the gift that keeps on giving.
    10. Re:oh, like apple? by jo_ham · · Score: 1

      If these "overhyped ui bullshit" are so meaningless, why did Nokia raise such a stink over them?

      Apple was ready to pay, and have been (ignoring the separate issue that they use off-the-shelf radio hardware made by a third party supplier who has already paid for a GSM licence).

      Now you want to muddy the water and claim that Nokia's "actual tech" patents are somehow "more worthy" or whatever it is you're trying to do. The simple version is that the two parties cannot agree on the value of what Apple needs to give in exchange for the fixed, legally unchangeable value of the GSM patents.

    11. Re:oh, like apple? by Anonymous Coward · · Score: 0

      When?

  12. Re:Oh, for the love of God! by exomondo · · Score: 5, Insightful

    For the love of God, the name of the app is "WiFi Sync". What the fuck else are they going to call an app that syncs over WiFi?

    For the love of God, the name of the store is "Amazon Appstore". What the fuck else are Amazon going to call their store that sells apps?

  13. Near Identical Logo by canajin56 · · Score: 1

    Both Logos are a combination of the universal wifi symbol, and the universal sync symbol. If you asked a room full of graphics designers to come up with a wifi sync logo, that's what half of them would have made. Besides the basic shapes involved, they're pretty dissimilar in terms of design and color. Still, what do you expect coming from The Register. Didn't they just run a thing about how hackers can now email you grenades and blow up your computer?

    --
    ASCII stupid question, get a stupid ANSI
    1. Re:Near Identical Logo by exomondo · · Score: 2

      Both Logos are a combination of the universal wifi symbol, and the universal sync symbol.

      Not to mention they are both called 'WiFi Sync'...so they've taken a bunch of obvious features and packaged them together, I agree there's nothing wrong with that but I do seem to remember them suing a company for doing exactly that.

    2. Re:Near Identical Logo by Ixokai · · Score: 0

      ... except iCloud is way more then that. The media sync is not even the interesting part.

      The interesting part is direct access to the syncing functionality is now available to all Apps: so now everyone's app, and everything about everyone's app, can automatically sync to all their devices instantly, without any effort or thought.

      You can open Pages and work on your mac (Yes, I am aware they haven't announced Mac iWork as iCloud capable officially yet -- but they have implied it and other mac apps have been mentioned) to edit your document. You wander off, later you pick up your iPhone as a thought hits you, launch Pages, and the doc is just there. You just edit it. Later, you're back on your mac, and you open Pages -- and the changes are there.

      Now, just saying that, it isn't too interesting. Well, its nice -- but you can get it with those apps with Dropbox integration. But! With iCloud you can use it to sync all your application state. Like, you're playing a game on your iPhone, and later on your iPad you open it up and pick up at the same point. Yes, some games include that -- but I've found its actually rare, even for universal games. But here/now, with iCloud, apps can do it seamlessly and easily.

      iCloud isn't about syncing media: its about syncing *everything*.

      Including backups, all the boring information stuff like contacts/calendars/etc, and the like.

      But media syncing? Maybe they "stole" it (er, yeah okay). But what they came out with was a lot more then a bunch of obvious features. (admittedly, what they came out with could only have been done on an OS level).

      Does Android have a mechanism to provide ubiquitous application state/document/personal data syncing to applications across all Android devices (assuming a world where people have multiple Android devices)? Does WP7? Does RIM?

      People are hung up on iCLoud being "sync media", and not really getting what that's just kinda the boring part. The interesting part is everything else, and if its obvious, then no one else has done it that I'm aware of.

      I may be wrong though.

      (But -- no one else is in a position where 'it' is important, I think. Android is trying to be involved in the tablet market, btu they aren't there yet, so they haven't yet gotten to a world where multiple devices start building on and fully seamlessly integrating with each-other to create a better overall experience)

    3. Re:Near Identical Logo by exomondo · · Score: 1

      ... except iCloud is way more then that.

      ...except this is about WiFi Sync, not iCloud.

    4. Re:Near Identical Logo by Anonymous Coward · · Score: 0

      That "universal wifi symbol" that the developer used is actually Apple's TRADEMARKED AirPort logo. If anything, Apple would have a case against him.

    5. Re:Near Identical Logo by perryizgr8 · · Score: 1

      how is icloud relevant to this discussion?

      --
      Wealth is the gift that keeps on giving.
  14. Obvious by joek1010 · · Score: 1

    I'm of the opinion that you can't "rip-off" an insanely obvious idea. Anybody with an IQ over 60 has wondered why they couldn't do this with their iDevice.

  15. No standing by shutdown+-p+now · · Score: 1, Insightful

    Let me save you a few minutes RTFA.

    an app for wirelessly syncing iPhones with iTunes libraries

    ... is such an obvious idea that talking about "stealing" it is meaningless. It is also something that has existed for some time on other platforms - e.g. Samsung Android phones can do wireless sync of pretty much everything since Galaxy S. So he can't claim the idea.

    Cupertino wasn't even subtle about the appropriation, using the precise name and a near-identical logo to market the technology

    Let me clarify something here. The precise name in question is "Wi-Fi Sync". For an application that syncs your phone over wireless. Gee, that's one obscure name for this kind of app - no way Apple could have stumbled onto that by chance!

    Now the logo. here is the side-by-side comparison. Now, this consists of the de-facto standard "expanding wave" icon for wireless signal (on Apple's version, pretty much exactly as it's rendered in the status bar), placed inside the de-facto standard "circle of two arrows" icon for sync. The amount of creativity required to produce such an icon, given what the app does, is exactly zero - it's literally taking two stock icons for two parts of the (itself obvious) name, and merging them together. If someone asked me to sketch an icon for such an operation, this would probably be one of the first things I'd draw.

    If you really want to bash Apple, a meaningful point would be that a third-party app implementing such wireless sync had to use private APIs (which is what caused its rejection from App Store) - on Android, such things are easily implemented.

    1. Re:No standing by exomondo · · Score: 1

      The precise name in question is "Wi-Fi Sync". For an application that syncs your phone over wireless. Gee, that's one obscure name for this kind of app - no way Apple could have stumbled onto that by chance!

      I agree with you but FWIW I would have thought they would have used a name like AirSync or something.

    2. Re:No standing by shutdown+-p+now · · Score: 1

      I googled around, and, apparently, AirSync used to be a Microsoft product. I bet that was trademarked.

    3. Re:No standing by exomondo · · Score: 1

      I wondered why - with their other wifi services (AirPlay, AirPort, etc...) prefixed with 'Air' - they had broken from tradition with this, that probably explains it.

    4. Re:No standing by Anonymous Coward · · Score: 0

      The precise name in question is "Wi-Fi Sync". For an application that syncs your phone over wireless. Gee, that's one obscure name for this kind of app - no way Apple could have stumbled onto that by chance!

      Like app store?

    5. Re:No standing by thegarbz · · Score: 1

      I don't think anyone is bashing Apple because they decided to implement an obvious feature with an obvious name and an obvious icon in their phone. The bashing is due to rejecting an app and then implemented the feature set in their OS.

      Regardless of how you try and sugar coat it what Apple did was flat out anti-competitive. If you replace the word Apple, with Microsoft all of Slashdot would be up in arms and the DoJ would take an interest as well. But because the order came from Jobs almighty himself everyone defends it.

      You should join all the other Apple fanbois in the new spaceship for the iRapture.

    6. Re:No standing by shutdown+-p+now · · Score: 1

      Like app store?

      Yes, exactly like that. I cheer for Amazon on that one, for all the same reasons.

    7. Re:No standing by shutdown+-p+now · · Score: 1, Informative

      The bashing is due to rejecting an app and then implemented the feature set in their OS.

      That's not what it says in TFA/TFS.

      And it's not like the app was rejected specifically because Apple decided to implement the same thing themselves. It was rejected because it was using private APIs - this rule has been in place since, oh, App Store first opened up? There's no new special treatment here.

      Regardless of how you try and sugar coat it what Apple did was flat out anti-competitive.

      App Store is inherently "anti-competitive", and has always been that way. Heck, it explicitly has a clause that prohibits apps competing with Apple's even if they follow the rules otherwise! So this particular case is not any different from any other app store rejection that wasn't malware. Why suddenly up in arms now? And what does the name and the logo story have to do with it?

      And the reason why Apple can get away with being "anti-competitive" is because they're not the only, nor the biggest, players in the game. If your app gets rejected on iOS, you can always go to Android - there's no monopoly here. Back when DoJ took an interest in Microsoft, it has >90% of desktop computer market.

      You should join all the other Apple fanbois in the new spaceship for the iRapture.

      That's funny, considering my post history. Both my phone and my tablet run Android for a reason.

      But if you want to pick on Apple, find a real reason to do so - there are plenty - not some "whaaa he stole my candy" story coming from a person who's mad at Apple for finally implementing a feature, the lack of which was the foundation of his business model.

    8. Re:No standing by Rockoon · · Score: 1

      And it's not like the app was rejected specifically because Apple are the only people able to implement the same thing themselves. It was rejected because it was using the only API, that can't be used by anyone but Apple, that makes it possible

      There. Fixed that for you.

      --
      "His name was James Damore."
  16. Not the first time by gubers33 · · Score: 0

    Apple's first introduction of the desktop and icons was something they stole when they visited Xerox which came up with the technology first and was using it in house. Apple execs came to visits Xerox's headquarters saw the technology then went up replicated it and sold it to the public.

    --
    Just because you are wrong and I called you out on it doesn't mean I am a Troll.
    1. Re:Not the first time by SuricouRaven · · Score: 1

      And Microsoft took the inspiration from them. Things were different back then - if you saw a good idea, you could take it, adapt it, try to improve upon it - or just copy it to improve your own product. Before software patents became so valued, and companies wanted to make every word they used a trademark.

      Today? Well, ieee1394 goes by three different names depending upon who uses it, because any company that holds a trademark would never use a generic word in it's place.

    2. Re:Not the first time by scotts13 · · Score: 1

      I'm actually quite tired of this calumny. Xerox was well paid for the presentations (in stock, IIRC) and the use of the GUI elements demonstrated. No one "snuck in" or "stole" anything.

  17. Check again by SuperKendall · · Score: 2, Insightful

    Last I checked, that would make this a derivative work.

    Not if Apple were working on theirs first, which they obviously were.

    There is such a thing as a truly parallel effort. Syncing over WiFi is an obviously desirable feature and Apple can be working on a feature years before release to get it just right or wait for hardware to become powerful enough to support something.

    --
    "There is more worth loving than we have strength to love." - Brian Jay Stanley
    1. Re:Check again by dakameleon · · Score: 3, Insightful

      What makes it obvious that they were working on it at the time of app submission? The idea might have been around as a "nice to have", but that doesn't mean it was implemented.

      And it's likely that, since this guy had implemented it and submitted it for approval a year ago, the hardware was "powerful enough to support" the feature then. My 3GS is getting the same feature, and that's hardware from 2 years ago now. Given Apple hired the guy who created Mobile Notifier, near enough to identical to the new notifications feature, why not hire the guy who developed this one?

      --
      Man who leaps off cliff jumps to conclusion.
    2. Re:Check again by Anonymous Coward · · Score: 0

      OBVIOUSLY were? What even makes yo- (looks at user profile,) oh... OH. That explains it.

    3. Re:Check again by flex941 · · Score: 1

      new notifications feature??? a blatant ripoff of what has existed on android for some time.

    4. Re:Check again by Anonymous Coward · · Score: 0

      Android - blatant ripoff of iOS...

      I mean come on.

    5. Re:Check again by Anonymous Coward · · Score: 0

      How so because they both have applications. What apple did was hardly innovation its a windows pda with application shortcuts on the desktop. However, ever since android has come out apple has repeatedly ripped off most of the things that made android unique.

    6. Re:Check again by Totenglocke · · Score: 1, Troll

      Which is why I always say that Apple does not innovate - they merely take someone else's idea and put a fancy Apple interface on it and then sell it for an absurd markup.

      That's why the best way to patent troll Apple would be to take out a patent on "taking an existing product and making cosmetic enhancements to it as well as applying a stylized logo of a fruit on the back of the device".

      --
      "The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants." ~Thomas Jefferson
    7. Re:Check again by pookemon · · Score: 2, Insightful

      So if they rejected it, having started their own, then that becomes purely an anti-trust case rather than just ripping him off. It's anti competitive behaviour - no different to bundling IE with Windoze.

      --
      dnuof eruc rof aixelsid
    8. Re:Check again by Anonymous Coward · · Score: 0

      Yeah, Apple didn't bring anything like the whole damned UI to smartphones that Android took. Let's focus on some tiny features out of the whole thing and pretend that's actually a point so your fanboy sensibilities aren't hurt.

    9. Re:Check again by Anonymous Coward · · Score: 0

      You know there were smart phones before the iphone. Sure apple made the UI simpler and had it flow nicely but they certainly didn't invent it. Its just windows mobile 2003 with application shortcuts on the front page (instead of pressing start all programs). I don't know why I'm even bothering with you its like trying to convince a religious fanatic the earth isn't 4000 years old.

    10. Re:Check again by Anonymous Coward · · Score: 1

      Not if Apple were working on theirs first, which they obviously were.

      yeah apple obviously started working on it first, even though they came out with it over a year after this college student released his app. seriously could there be more of an ignorant fanboi?!

    11. Re:Check again by Anonymous Coward · · Score: 0

      did he patent his methods? did he file a trademark? did he pay copyright registration?

      no, so yeah.

    12. Re:Check again by Anonymous Coward · · Score: 1

      You don't have to register your copyright to enforce it. You just can't get statutory damages.

    13. Re:Check again by hkmwbz · · Score: 1

      Yes, it is very different. Windows was a monopolist OS. iPhone is not a monopoly (Apple does not hold a monopoly on smartphones).

      --
      Clever signature text goes here.
    14. Re:Check again by Anonymous Coward · · Score: 0

      Isn't this kind us bringing us to the point that most things can be considered to be in some ways derivative?

      Computers are just televisions with typewriters hooked up to them - if one would ignore some significant differences.

    15. Re:Check again by UnresolvedExternal · · Score: 1

      Arrragh!!! Can we please stop calling it M$, Windoze, Window$ or what bloody ever.

      This is really starting to drive me insane and is a reason for people not to take this site seriously.... It also ruins quite an intelligent comment.

    16. Re:Check again by mcvos · · Score: 1

      They do have a monopoly on selling apps for the iPhone platform, though.

      I was under the impression that these kind of combined sales ("koppelverkoop" in Dutch) are illegal in the EU. But I'm no lawyer, so it's probably different enough to be legal. Still, I wouldn't mind a law that required all platforms to be open.

    17. Re:Check again by Anonymous Coward · · Score: 0

      I'm not the one with the problem i understand the natural progression of technology its the person i was replying to that reckons Steve jobs created the mobile UI in 7 days. Also the computer with typewriters analogy doesn't work in apples case because apple simplified the process instead of adding anything new.

    18. Re:Check again by RyuuzakiTetsuya · · Score: 1

      they rejected it because it hooked into the OS in ways that App Store apps aren't supposed to as per the TOS and there were some security concerns.

      That is why it got rejected. Not because they were going to do it in this version of the OS.

      Peter Hajas now works for apple after putting together the MobileNotifier, that shockingly, looks like iOS5's notification. It's not like they weren't willing to play ball here, they wanted his resume.

      --
      Non impediti ratione cogitationus.
    19. Re:Check again by Anonymous Coward · · Score: 0

      Or perhaps it just means that you are too easily distracted by matters of little consequence.

    20. Re:Check again by Anonymous Coward · · Score: 0

      Sorry, television with typewriters. Also replied to my own comment instead of yours.

    21. Re:Check again by UnresolvedExternal · · Score: 2

      Haha ok Mr. AC, I will bite...

      IMHO, this "matter of little consequence" is one of the main reasons why OSS communities do not get the serious consideration they deserve. To an outsider this just looks juvenile and the argument itself gets lost. It's kinda like people who post as AC to make snide comments...

      Feel free to troll back and strengthen my case :)

    22. Re:Check again by dloose · · Score: 1

      does spelling "boy" with an i make it more insulting? get back to me ASAP. I have some people I need to harass on the Internet!

    23. Re:Check again by macs4all · · Score: 0

      What makes it obvious that they were working on it at the time of app submission? The idea might have been around as a "nice to have", but that doesn't mean it was implemented.

      And it's likely that, since this guy had implemented it and submitted it for approval a year ago, the hardware was "powerful enough to support" the feature then. My 3GS is getting the same feature, and that's hardware from 2 years ago now. Given Apple hired the guy who created Mobile Notifier, near enough to identical to the new notifications feature, why not hire the guy who developed this one?

      Apple was in a bit of a pickle, here.

      Do you really think that when the developer submitted his app, someone in iOS development team said "Hey, I heard that there was this guy that submitted an app the other day, and it does the coolest thing... it lets iPhones and iPads sync with iTunes over WiFi! How cool is THAT?!? Yesh, the app is in the approval process right now, and the head of App Approval has called a meeting so we can see this thing. Jeez! Why didn't WE think of that???"

      Of course that didn/t happen. Because iSync, or whatever it was called while in development, was pretty much done long before then.

      Wirelessly syncing iOS devices was obvious. In fact, it has been discussed several times on this very site (and I'm sure many others) for several years. Did Apple rip those people, too? C'mon, people! Every iOS device has had WiFi since day one. Every Apple laptop and All-In-One desktop product has had built-in WiFi since long before the iPhone was debuted.Same with Apple TV. Heck, even Apple's high-end Mac Pro has WiFi capabilities. To say that Apple thinks in the Wireless domain is the understatement of the century! So, to think that they didn't have this in mind for quite some time is, pun intended, patently riduculous. They just had to wait until they had all their pieces-parts in place to do this. In fact, you could almost hear a worldwide "It's about time!" when Apple announced the feature.

      Should Apple have hired this guy? Why? By the time he had submitted his obvious little app, Apple had long before layed out their data structures, written and tested the low-level driver protocols on both OS X and Windows, designed all the upper-level apps on both OS X and Windows, oh, and were well on their way to debugging and stress-testing the entire system. WTF did they need this guy for? Seriously. And in fact, Apple did consider him for employment; but obviously his CV wasn't strong enough to warrant it.

      But when this guy submitted his App, they were caught in a bit of a pickle: Do they let the App get approved, and then sit for a year while their carefully-laid plans are reduced to "So what?", and then simply wait for the inevitable lawsuit from the guy, as he says (like he is right now) "They liked MY idea so well they STOLED IT! STOLED IT I TELLS YA!!!", or do they reject it on the grounds that it "duplicates (still secret, planned-for, future) functionality."? Or what?

      Seriously, what would you have done? Hiring the guy to "shut him up" would have actually been tantamount to firing off a Press Release outlining at least part of their plans. Why? Because the app was already out in the public domain, being sold on the Cydia Store. Any further action on Apple's part would have simply telegraphed their intent to offer wireless sync, and would have reduced the enthusiastic reaction seen at WWDC when the feature was announced to a mere "courtesy clap".

      Sorry, since this guy was going to sue pretty much no matter what, the only logical thing Apple could do was to simply grit their teeth and wait for the inevitable service of the Complaint.

      But, I will bet that Apple settles pretty quick with the developer. Not because they are wrong; but because that is what will be the least expensive course of action for them. Otherwise, this woul

    24. Re:Check again by macs4all · · Score: 1

      How so because they both have applications. What apple did was hardly innovation its a windows pda with application shortcuts on the desktop. However, ever since android has come out apple has repeatedly ripped off most of the things that made android unique.

      And a Windows PDA (and every other PDA for that matter) is a Newton PDA with color.

      And a Newton PDA is a pencil and paper in electronic form.

      And a pencil and paper is a stone tablet and chisel in cellulose form.

      And a stone tablet and chisel is a portable cave wall.

      And a cave wall is a more permanent form of drawing in the mud with your finger.

      Seriously, where does it start?

    25. Re:Check again by macs4all · · Score: 1

      You know there were smart phones before the iphone. Sure apple made the UI simpler and had it flow nicely but they certainly didn't invent it. Its just windows mobile 2003 with application shortcuts on the front page (instead of pressing start all programs). I don't know why I'm even bothering with you its like trying to convince a religious fanatic the earth isn't 4000 years old.

      Really now? Apple didn't just make the UI simpler, they completely changed it.

      Name one phone before the iPhone that had a browser that people actually wanted to use?

      Name one phone before the iPhone that had a useable, non-stylus-oriented touchscreen interface?

      Name one phone before the iPhone that had a useable, non-stylus-oriented touchscreen keyboard? Whether you personally like it is immaterial. Name one. This and this is what a "touchscreen" phone looked like before the iPhone. BTW, I have one of those Treos. It is the biggest POS on the planet. The UI freezes up constantly for seconds at a time, for no reason, even when just using the hardware "joystick", and while you can sort of use the touchscreen with your finger, with the exception of the dialpad, the UI features are definitely designed for a stylus. And if you touch the "end" button for more than a fraction of a second, it disables the phone (takes it off line) completely, and with no confimation dialog. You usually only find out when you haven't received calls for a few hours, and people bitch you out about "never answering your phone".

      Name one phone before the iPhone that had random-access voicemail?

      Name one phone before the iPhone where the phone manufacturer defined the feature set, not the Carrier?

      If the iPhone wasn't a game-changer, then why have so many other phones since the iPhone desperately tried to copy it?

      If the iPhone wasn't a game-changer, then why did Google's Android immediately abandon its shameless clone of the Blackberry interface and form-factor in favor of a shameless clone of the iPhone's "Springboard" and the iPhone form-factor? Same thing goes for most Windows Phones, which HTC has even become desperate enough to sell for a PENNY, LOL!!!

      Sorry. It is the Windows Phone and Android fanbois that are in serious, almost delusional, denial; not the Apple fans.

    26. Re:Check again by E+IS+mC(Square) · · Score: 1

      >> Not if Apple were working on theirs first, which they obviously were

      So, let's ignore the facts, and just go with your assumptions which you are sure are solid facts just not yet discovered.

      It's the fanbois like you I will never use any Apple product.

    27. Re:Check again by E+IS+mC(Square) · · Score: 1

      Anti-competitive behavior != Monopoly.

      One is wrong from the onset, the other is not until abused to become anti-competitive. Learn the difference.

      And like it or not, Apple is anti-competitive since the day they shipped the first itoy (if not earlier).

    28. Re:Check again by j00r0m4nc3r · · Score: 2

      Right, kinda like how you can only buy Xbox360 games that are licensed by Microsoft. Sounds pretty illegal...

    29. Re:Check again by bhtooefr · · Score: 1

      Just because previous attempts were badly done doesn't mean that current attempts aren't derivative of those previous attempts.

      And, there's always the HTC Touch - it was meant for FINGER use, ran WinMo, and came out before the iPhone.

    30. Re:Check again by stuboogie · · Score: 1

      I'm so glad you were present throughout the progression of this unfolding story so you could bring your first-person account of the truth to /.

      Holy Jeebus!!! You must have Kool-Aid for blood!

    31. Re:Check again by intheshelter · · Score: 1

      Despite your misunderstanding of what the word monopoly means, Apple does NOT have a monopoly on selling apps for the iPhone. Feel free to look up Cydia.

    32. Re:Check again by intheshelter · · Score: 1

      Wireless synching, I've done it for years with my Mac and Time Capsule. Wifi and synching logo, had it for years on my Mac. Doesn't seem this developer invented anything that wasn't commonplace already.

      Now the question is could you apply some critical thought before commenting and sounding like a fool. Seriously, could there be more of an ignorant hater?

    33. Re:Check again by GameboyRMH · · Score: 1

      I was syncing my Palm over Infrared since the early 2000s, a later Palm over Bluetooth in the mid-2000s (wifi in PDAs was sort of a new thing back then) and of course moving data over Wifi on my N900 for the last couple of years. Way to innovate, Apple!

      --
      "When information is power, privacy is freedom" - Jah-Wren Ryel
    34. Re:Check again by Killjoy_NL · · Score: 1

      Sure MACS4all :)

      --
      This is the sig that says NI (again)
    35. Re:Check again by GameboyRMH · · Score: 1

      Android? Hah, PalmOS (version 5 and possibly earlier) had that ages ago.

      --
      "When information is power, privacy is freedom" - Jah-Wren Ryel
    36. Re:Check again by GameboyRMH · · Score: 1

      That's why the best way to patent troll Apple would be to take out a patent on "taking an existing product and making cosmetic enhancements to it as well as applying a stylized logo of a fruit on the back of the device".

      Holy shit, you're a genius!

      Lawyers, could you seriously get a business method patent on something like that?

      --
      "When information is power, privacy is freedom" - Jah-Wren Ryel
    37. Re:Check again by GameboyRMH · · Score: 1

      You know there were smart phones before the iphone.

      BLASPHEMER!!! Burn him! The fire will cleanse his sins!!!

      --
      "When information is power, privacy is freedom" - Jah-Wren Ryel
    38. Re:Check again by GameboyRMH · · Score: 1

      BTW, I have one of those Treos. It is the biggest POS on the planet. The UI freezes up constantly for seconds at a time, for no reason, even when just using the hardware "joystick", and while you can sort of use the touchscreen with your finger, with the exception of the dialpad, the UI features are definitely designed for a stylus. And if you touch the "end" button for more than a fraction of a second, it disables the phone (takes it off line) completely, and with no confimation dialog. You usually only find out when you haven't received calls for a few hours, and people bitch you out about "never answering your phone".

      Which model is that? I had a 180 and a 650, both were very stable and still have the best smartphone (vs. handheld PC) interface I've ever used. Neither one had a joystick and both requred long holds of buttons to go offline, I never did it by accident.

      --
      "When information is power, privacy is freedom" - Jah-Wren Ryel
    39. Re:Check again by Anonymous Coward · · Score: 0

      Calm down, 'boi....

      It's generally acknowledged that the iPhone was a game changer.

      What people resent is Apple's holier-than-thou public attitude

      This kind of blatant copying is wrong, and we need to protect Apple’s intellectual property when companies steal our ideas.” said Steve Dowling, a spokesman for Cupertino, California based Apple.

      ...whilst even as far back as 1996, Jobs smirked that

      Good artists copy, great artists steal

      It's undeniable that several features announced for iOS5 have been present in Android for some time.

      In this particular case, they are entitled to exclude the guy's Wifi Sync under their own rules.
      But to contact the developer, pass his work to devs for examination, toy with a job offer, then cut the guy off is just plain cold. That's the point being made. It's not a classy thing to do.

      Hope there wasn't too much delusional denial in there for you.

    40. Re:Check again by Anonymous Coward · · Score: 0

      If they already had their own solution in the works, why bother passing the guy's app to their own people for examination? Surely it would be irrelevant, as they'd already solved all the problems?

      The reality distortion field is strong in this one.

    41. Re:Check again by Dr+Max · · Score: 1
      Firstly HP and HTC

      Secondly if you can't see that iphone is a simpler version of windows mobile (basically being stuck in all programs the whole time and only ever being able to run one program) i struggle to convince myself to reply to you.

      Third all pre iphone smart phones had alright browsers, hell i didn't like the first iphone browser much at all, you can hardly say it was innovation.

      Fourth half of your points are based around the point that they popularized capacitive touch (its not like they invented it) a technology that wasn't really possible when these phones were coming out (5 years ahead of the iphone) due to manufacturing techniques not available/affordable.

      Fifthly all the pre iphone smart phones i had also had voicemail i don't understand why it being random-access, or that fact that the "phone manufacture defined the feature set" is all that great. Hardly an argument that its the mother of all all smart phones.

      Android is closer related to windows mobile than ios (the front desktop with multiple widgets operating followed by being able to move to an all application page or settings).

      So it comes down to a nice onscreen keyboard. Good on you apple surely you now own and are the creation of all smartphone os.

      Evolution happened god damn it. I understand this wont convert you and no doubt tomorrow you'll log on to whatever ifan website you guys go to and read all the latest rumors and reason apple is the greatest and never bother to check out the competition; but please try to be a little open minded they aren't the only tech company out there.

      --
      Rocket Surgeon.
    42. Re:Check again by mcvos · · Score: 1

      Cydia doesn't have equal access to the platform. Apple does try to use their control over the platform to dominate the app market.

    43. Re:Check again by mcvos · · Score: 1

      Exactly. Imagine if they banned non-Microsoft software from Windows, if Apple banned the use of non-Apple software on the Mac, if Sun had banned the use of non-Sun software on Solaris, or if Ford banned the use of non-Ford approved tires or gasoline in their cars.

      Competition should be normal, and not subject to the platform creator's approval.

    44. Re:Check again by node+3 · · Score: 1

      PalmOS? You mean that cheap Newton clone?

    45. Re:Check again by Anonymous Coward · · Score: 0

      Times are changing dude, a bunch of people in suits, silk ties, and $500 shoes expecting you to listen and respect them just because they are wearing that clothes are starting to lose out to the bunch of people that can actually prove what they are talking about and not just look like it.

      Anyone can buy a look and a presentation and those that use that as a major factor to determine trust and effectiveness are getting burned. A used car salesman in a three piece suit will screw you over just as fast as the salesman wearing cutoff jeans and swearing.

    46. Re:Check again by node+3 · · Score: 1

      You're allowed to have a monopoly over your own product.

      As for being the sole source for applications for your device, look up Nintendo, Sony, Microsoft. Also, this was common for cell phones (and still is).

    47. Re:Check again by node+3 · · Score: 1

      Do you know what "anticompetitive" means? It does *not* mean, "controls their own product". That would be strange way to define it.

      In what way do any of Apple's iProducts hinder the ability of other companies to engage in free trade of their own, competing products? Last I checked, HTC, Motorola, Samsung, Creative, iRiver, Sony, Dell, HP, etc., have all been allowed to offer their own competing products for sale.

    48. Re:Check again by node+3 · · Score: 1

      Yeah, the reason Linux hasn't taken off is because some people deliberately misspell Windows and Microsoft...

      Not that I'm disagreeing about it being childish, just that it isn't some major thing holding OSS back.

    49. Re:Check again by Dr+Max · · Score: 1

      The newton pda was just a touch based organizer with a calculator in it. Windows pda/phone took it a lot further with the external applications you could find or make for the device and integrating phone functions (a lot closer to what the iphone is today than itself to the newton). Sure newton is a predecessor but I'm not disputing electronic evolution its you ifanatics that are claiming apple invented everything and every one else should stop copying them.

      --
      Rocket Surgeon.
    50. Re:Check again by UnresolvedExternal · · Score: 1

      Ok we are running seriously offtopic here!!

      I do think it's a big blocker to proponents of OSS being taken seriously though, it's just ad hominem. If you want people to listen you should be able to form a decent argument.

    51. Re:Check again by node+3 · · Score: 1

      >> Not if Apple were working on theirs first, which they obviously were

      So, let's ignore the facts, and just go with your assumptions which you are sure are solid facts just not yet discovered.

      What facts? Like that Apple has had wireless syncing of music in AppleTV before the iPhone was even released? Or that iTunes has had wireless music syncing for a while now? Or that Apple has patents as far back as 2006 covering the idea of wirelessly syncing iPods?

      Or should we just go with your assumption, that Apple, the largest technology company in the world, never even considered the idea of wirelessly syncing an iPhone (even though it had some wireless data syncing capabilities from day one) until this guy submitted an app?

      It's the fanbois like you I will never use any Apple product.

      Wait, what? You won't use a product because some people like it? Does that even make sense? Or is it just that some people have personality traits that you don't like, such as using terms like "fanboi"?

    52. Re:Check again by node+3 · · Score: 1

      I was syncing my Palm over Infrared since the early 2000s, a later Palm over Bluetooth in the mid-2000s (wifi in PDAs was sort of a new thing back then) and of course moving data over Wifi on my N900 for the last couple of years. Way to innovate, Apple!

      Well, no one said this was innovative, but let's take a look...

      Newton had IrDA from day one, three years before the Palm Pilot (it wasn't even called that at the time) came out (lacking any wireless capability, BTW). Apple was among the first, if not *the* first, company to use WiFi (before it was even called WiFi), and had it as a standard, internal option from day one on the iBook, moving on to Apple's entire computer line shortly thereafter, while PCs for years still only generally supported WiFi via externally accessed PCMCIA slots. The very first iPhone had WiFi syncing of data right out of the gate, and Apple has had wireless syncing of music in some of their products announced as far back as 2006, including a patent for WiFi syncing of music for the iPod in that very same year.

      So um, what were you saying again?

    53. Re:Check again by node+3 · · Score: 1

      I think a bigger blocker is trying to sell people on the premise that there's a moral element involved in the first place, or even a practical element in terms of being able to tinker with the source.

      I agree that the "M$" attitude doesn't help, but it's not like there aren't other things that are higher up in the list of reasons OSS isn't that big of a deal to most people.

    54. Re:Check again by node+3 · · Score: 1

      How so because they both have applications. What apple did was hardly innovation its a windows pda with application shortcuts on the desktop. However, ever since android has come out apple has repeatedly ripped off most of the things that made android unique.

      Look at Android before the iPhone and after the iPhone. Android before the iPhone looks like a BlackBerry clone. After the iPhone it looks like an iPhone clone.

    55. Re:Check again by Anonymous Coward · · Score: 0

      So corporate people aren't all about the best value after all? Color me surprised that the market isn't nearly as efficient as True Believers would like us to believe...

    56. Re:Check again by Anonymous Coward · · Score: 0

      I never said anything about that.

    57. Re:Check again by node+3 · · Score: 1

      You asked how Android was a copy of iPhone.

    58. Re:Check again by UnresolvedExternal · · Score: 1

      Yep I agree - there are plenty of things higher up - but the general attitude of "M$" type comments is _one_ of the ones which is very apparent.

      And besides - it bugs the shit out of me ;P

    59. Re:Check again by uniquename72 · · Score: 1

      I like it. Like iTard and other such words, it immediately lets me know that it's written by a troll, and there's no need to pay attention to the rest of the posting.

      It's like self-modding.

    60. Re:Check again by perryizgr8 · · Score: 1

      this is actually true if you consider it a bit!
      i mean, iphones still don't have basic features my nokia had a year before the launch of the 1st gen iphone.

      --
      Wealth is the gift that keeps on giving.
    61. Re:Check again by perryizgr8 · · Score: 1

      Really now? Apple didn't just make the UI simpler, they completely changed it.

      yes they did.

      Name one phone before the iPhone that had a browser that people actually wanted to use?

      lots of nokia smartphones had very capable browsers, and worked very nicely. also in some cases even flash content worked.

      Name one phone before the iPhone that had a useable, non-stylus-oriented touchscreen interface?

      Name one phone before the iPhone that had a useable, non-stylus-oriented touchscreen keyboard?

      i don't think such things existed.

      Name one phone before the iPhone that had random-access voicemail?

      my e71 did this quite easily, and it was completely independent of the network too.

      Name one phone before the iPhone where the phone manufacturer defined the feature set, not the Carrier?

      wtf are you even talking about? its the iphone which introduced shitty things like no youtube over 3g and stuff. or no mms. or no video calls over 3g. and its no big secret that this was done on att's request. also, no bluetooth file transfers???!

      If the iPhone wasn't a game-changer, then why have so many other phones since the iPhone desperately tried to copy it?
       

      i think anyone who thinks iphone was not a game-changer has very serious issues :)

      --
      Wealth is the gift that keeps on giving.
    62. Re:Check again by Anonymous Coward · · Score: 0

      but for copyright to work it has to be an exact copy of the sources, not the functionality (that's patent territory)

      and the logo can not really be copyrighted: the wifi logo is likely already copyrighted by someone else or in public domain, and the sync symbol is already being used by apple since the beginning.

      I don't know how composite works work, but either he stole it and has no claim about it, or apple made his composite coming from another direction.

    63. Re:Check again by Anonymous+Freak · · Score: 1

      Uh, because the guy that wrote the wireless sync utility used massive hacks to do it. Apple could do it in the core without needing massive hacks. Using completely different code.

      Yes, they COULD have hired the guy (apparently they told him to submit a resume,) but they could also just implement it RIGHT.

      Yes, this independent developer's wireless sync utility is a great thing - it implemented a much-desired feature before there was official support. But the developer was TOLD AT THE TIME OF REJECTION that Apple was already working on it.

      --
      Another non-functioning site was "uncertainty.microsoft.com."
      The purpose of that site was not known.
    64. Re:Check again by Anonymous Coward · · Score: 0

      yeah sorry too drunk and too tired to post, then Slashdot wouldn't let me post again. I meant to say i think android is closer related to windows mobile than ios.

    65. Re:Check again by macs4all · · Score: 1

      Just because previous attempts were badly done doesn't mean that current attempts aren't derivative of those previous attempts.

      And, there's always the HTC Touch - it was meant for FINGER use, ran WinMo, and came out before the iPhone.

      Came out before the iPhone? The iPhone was introduced in January, 2007. The HTC Touch was introduced in June, 2007.

      Meant tor FINGER use? Not hardly.

      Ran WinMo. Are you seriously trying to list that as an ADVANTAGE???

    66. Re:Check again by macs4all · · Score: 1

      Sure MACS4all :)

      Was that supposed to be a fact-filled rebuttal of my comment?

    67. Re:Check again by macs4all · · Score: 1

      Firstly HP and HTC

      Secondly if you can't see that iphone is a simpler version of windows mobile (basically being stuck in all programs the whole time and only ever being able to run one program) i struggle to convince myself to reply to you.

      And yet, here you are...

      Complexity is not necessarily a good thing; especially for a consumer device. IOS is, being a derivative of OS X, obviously capable of, and in fact does, multitasking. Proof of this is of course demonstrated on the iPad, which allows basically unlimited simultaneous userland apps. Since they run the same microcontroller, and the same OS, what's the difference?

      Battery size.

      Next uninformed comment?

      Third all pre iphone smart phones had alright browsers, hell i didn't like the first iphone browser much at all, you can hardly say it was innovation.

      So let's see, YOU didn't like it; so it must be shit, right?

      Fourth half of your points are based around the point that they popularized capacitive touch (its not like they invented it) a technology that wasn't really possible when these phones were coming out (5 years ahead of the iphone) due to manufacturing techniques not available/affordable.

      Which half was that?

      And beside that; Apple has some special hold on technology? Even years later, a lot of other phones were still using resistive touch screens.

      Fifthly all the pre iphone smart phones i had also had voicemail i don't understand why it being random-access, or that fact that the "phone manufacture defined the feature set" is all that great. Hardly an argument that its the mother of all all smart phones.

      I'm sorry that you lack understanding.

      It wasn't that it had voicemail. Of course that wasn't innovative. It was that the voicemail didn't have to be listened to in order. That was the cool thing. Random Access Voicemail. And if you don't understand the advantage of that feature, there is seriously no hope for you.

      Manufacturer defining the feature set (as opposed to the CARRIER deciding what features that your phone can have, like EVERY phone before the iPhone (and most after it, too))??? WTF, DUDE??? I mean SERIOUSLY, WHAT. THE. FUCK? Are you even reading what you are typing???

      Android is closer related to windows mobile than ios (the front desktop with multiple widgets operating followed by being able to move to an all application page or settings).

      So it comes down to a nice onscreen keyboard. Good on you apple surely you now own and are the creation of all smartphone os.

      Evolution happened god damn it. I understand this wont convert you and no doubt tomorrow you'll log on to whatever ifan website you guys go to and read all the latest rumors and reason apple is the greatest and never bother to check out the competition; but please try to be a little open minded they aren't the only tech company out there.

      Oh, how little you know me. The site that I must log into every day is, surprise, Slashdot. There is only one "Apple oriented" site that I regularly read (TUAW), and I rarely post on it, and usually read it (and then only briefly) only if I have thorougly exhausted everything on /.

      I am open minded. I just haven't seen any other tech-oriented company that has such a consistent record of leading the industry in so many ways. Sometimes they aren't the first attempt at something; but when they do something, they more often than not, do it in a way that is actually useful. And anyone who knows the first thing about computers recognizes that they had a remarkable string of successes in the past decade.

      So, it is you that seems to have the blinders on; not me.

    68. Re:Check again by macs4all · · Score: 1

      Arrragh!!! Can we please stop calling it M$, Windoze, Window$ or what bloody ever.

      This is really starting to drive me insane and is a reason for people not to take this site seriously.... It also ruins quite an intelligent comment.

      Actually, it is a time-honored tradition in the world of online discussion groups, harkening back to the time when CompuServe was king. You see, back then, most people didn't even know what an internet was, and "time sharing" on big, centralized online services, like CompuServe and GEnie, accessed through local MODEM gateways, like Timenet (IIRC) was the way you rolled. And all of those services charged by the hour. Real money for real connect time. And it wasn't particularly cheap, either. When I was at my peak usage on "CompuServe CB" (a kind of IRC precursor(?)), it wasn't uncommon for me to get bills far in excess of $200 per month from CompuServe. And since that was the case with many CompuServe users, and because CompServe had that enticing "S" in its name, many, many CompuServe users simply started spelling it Compu$erve. And so began a snarky, but somewhat internally satisfying, online tradition. And dare I say, one a lot less annoying than l337 speak, which is like Ebonics for nerds...

      But, the real bottom line here is that you're just upset that "Apple" doesn't have an "S" in it; or you'd be doing it, too! ;-)

    69. Re:Check again by macs4all · · Score: 1

      Ok we are running seriously offtopic here!!

      I do think it's a big blocker to proponents of OSS being taken seriously though, it's just ad hominem. If you want people to listen you should be able to form a decent argument.

      Yeah, like all the people on this site who, after I have laid out a cogent argument in support of Apple, documenting every point with citations to external sources, not only does it often get punish-modded down (or simply ignored by mods), but even more often, it gets a dismissive "I see your username. That explains it."

      Look at the responses to several of my posts to this article. Then count the number of times my USERNAME is used as the ONLY rebuttal.

      And ya know what? It is, almost without fail, the pro-Linux crowd that does it. People defending Windows on here seem to do so a lot more rationally than those who have Penguins on the brain.

      Grow up, people! Or your favorite OS is doomed to be forever in the backroom, not the boardroom.

      But, I think that they secretly want exactly that. And I am deadly serious about that. There is a "mindset" to the typical Linux user, and it doesn't like anything that has been "accepted" or "legitimized".

      I honestly think that if Linux suddenly became the darling of PHBs everywhere, that half of the Linux fans would fork Linux off into something else...

    70. Re:Check again by Anonymous Coward · · Score: 0

      Yeah you don't sound close minded and biased at all macs4all. The op wasn't claiming the iphone isn't a nice phone, or that apple don't have a good way of doing things, or a couple of unique features; just that they didn't invent the smart phone or that all other companies aren't just copycats. Sure they have influenced the other manufactures just like apple has been influenced by both windows and android.

    71. Re:Check again by hkmwbz · · Score: 1
      It is nearly impossible to engage in anti-competitive practices without being a monopoly, so in practice, you need to be one for that to be the case.

      If Apple is anti-competitive, then so is Walmmart and any other entity which chooses itself what to sell from its store(s).

      --
      Clever signature text goes here.
    72. Re:Check again by hkmwbz · · Score: 1
      Windows has a market monopoly, which would make that illegal. Apple only has a monopoly over its own products, which does not make exclusive software handling illegal (unless the product also has a market monopoly).

      So your comparisons do not work. Windows is not just a product monopoly. It completely owns an entire market. That is not the case with any Apple product.

      --
      Clever signature text goes here.
    73. Re:Check again by macs4all · · Score: 1

      Yeah you don't sound close minded and biased at all macs4all. The op wasn't claiming the iphone isn't a nice phone, or that apple don't have a good way of doing things, or a couple of unique features; just that they didn't invent the smart phone or that all other companies aren't just copycats. Sure they have influenced the other manufactures just like apple has been influenced by both windows and android.

      DId you even read my comment?

      I said that Apple was not always the inventor of everything, like you are implying. Or even that they "got it right" all the time.

      What I said was, in my longer-than-I'd-like-to-admit experience with personal computers, and now, "computing devices" of all stripes, brands, and Operating Systems, that when Apple does something, regardless of who invented it first, that they have a far above average record of implementing said feature, technology, whatever, in a manner that is useful to more people, consistent with other parts, reliable, and secure .

      Apple didn't invent USB. But there were virtually no USB peripherals before the original iMac.

      Apple didn't invent WiFi. But it was a configuration nightmare before Airport. Same thing with videoconferencing.

      Apple didn't invent the cellphone. But they sure as hell changed cellphones forever.

      Apple didn't invent the tablet computer. But they sure invented the tablet that millions of people actually wanted. And in that case, the Windows world had what, about a decade head-start?

      Apple didn't invent Unix. But they surely have brought a Unix derivative to the desktop. Something, again, that Linux (a Unix wannabe) had at least a five-year head start with, and still cannot gain traction with, well, almost everybody. And remember I specifically said "desktop". Linux rules in the backroom, just not the livingroom or the boardroom.

      Now do you understand? Or would you rather just riff on my username?

      Oh, and BTW, it's "closed minded", not "close minded". An appellation (not "Apple-ation") I have neatly and thoroughly refuted.

    74. Re:Check again by mcvos · · Score: 1

      So if would have been okay if Macs, Sparc Stations or Amiga's had similar restrictions? It would be okay if Ford or Toyota restricted what kind of tires or gas you can use in their cars?

    75. Re:Check again by bhtooefr · · Score: 1

      Show me when you could actually use an iPhone in January, 2007.

      It came out on June 29th.

      http://www.engadget.com/2007/06/03/iphone-release-date-confirmed-yours-on-june-29th/

      And, I doubt that HTC got the Touch out THAT quickly - as in, it was conceived before the iPhone was announced, I suspect.

      Again, didn't I just say that a bad implementation doesn't mean it wasn't done?

      I didn't say WinMo was an advantage, though, just an attribute.

      But, there's always the IBM Simon - fully touch-driven UI, and it has finger-friendly UI elements, so it's clearly not a pure stylus device (not even sure if it has a stylus.) In 1994.

    76. Re:Check again by Killjoy_NL · · Score: 1

      "Sorry. It is the Windows Phone and Android fanbois that are in serious, almost delusional, denial; not the Apple fans."

      a fanboi saying this kind of stuff about other fanbois does nibble away at your credibility, i.e. you have none.
      no rebuttal needed for a lot of opinions and not a lot of facts.

      --
      This is the sig that says NI (again)
    77. Re:Check again by Anonymous Coward · · Score: 0

      So, how DOES Steve Jobs cock taste? 'Cause you're swallowing all he's shooting at you, FANBOI.

      If you had issues with Treos, then I'd wager it was YOUR dumb ass fault. I have had several with little to no problems, other than network issues that were not the fault of the hardware. Sure, they didn't have the capacitance touch screen, but if that's what you're basing your iPhone infatuation on, that's pretty goddamn thin. Your whole paragraph sounds like a huge case of "operator error", or as I've said for years "you have to be at least 10% smarter than the equipment you're dealing with".

      I never had a problem with the Blazer browsers that was on the Treos either. If you did, reference the first paragraph and/or the first line.

      Random Access Voicemail? Does that mean it randomly access your voicemail? How in hell would the word "random" and "voicemail" in the same sentence be a GOOD thing?

      As far as copying the form factor of an iPhone, that same Treo that you seemed to have problems working with (I still bet YOU were the issue, brainiac) was a similar factor. More screen than buttons on the front, side buttons, camera on the back... wow... sounds kinda familiar, doesn't it?

      Admit it, you're a fucking tool/fanboi of a company that USED to be worth a shit... like Sony USED to be worth a shit, but both are now like evil versions of their earlier quality.

    78. Re:Check again by Stone2065 · · Score: 1

      I thought they just left prototype iPhones in bars...

      --
      Stone
    79. Re:Check again by terjeber · · Score: 1

      Not if Apple were working on theirs first, which they obviously were.

      They were? And what divine entity told you this?

      Also, you're wrong. It's not he who started working on it first, it is he who published it first. It's derivative work and Apple shamelessly ripped him off.

    80. Re:Check again by Rakarra · · Score: 1

      Times are changing dude, a bunch of people in suits, silk ties, and $500 shoes expecting you to listen and respect them just because they are wearing that clothes are starting to lose out to the bunch of people that can actually prove what they are talking about and not just look like it.

      Yes, I heard a lot of that sort of thing around the time of the dot-com bubble. It wasn't true after the crash either.

    81. Re:Check again by Rakarra · · Score: 1

      Yeah, the reason Linux hasn't taken off is because some people deliberately misspell Windows and Microsoft...

      Not that I'm disagreeing about it being childish, just that it isn't some major thing holding OSS back.

      I actually think one of the big things holding back OSS is the attitude on the part of the advocates and the helpers who new users try to contact.

  18. Precedent? by D-OveRMinD · · Score: 5, Insightful

    So if a wi-fi syncing app called Wi-Fi Sync is obvious, therefore Apple can steal...er...appropriate it for its own use without repercussions, then I would assume by the same token that a store selling apps called App Store is obvious, therefore anyone can appropriate the name for their own use as well. Apple, what say you?

    1. Re:Precedent? by itsdapead · · Score: 1

      So if a wi-fi syncing app called Wi-Fi Sync is obvious, therefore Apple can steal...er...appropriate it for its own use without repercussions, then I would assume by the same token that a store selling apps called App Store is obvious, therefore anyone can appropriate the name for their own use as well. Apple, what say you?

      Did the author of WiFi Sync register it as a trademark? Did he get a patent on syncing via WiFi? If so, he may have a case, but I suspect the answer is no. If Apple now try to stop him selling his app (without stumping up some cash to oil the wheels) then it would be a bloody cheek but AFAIK that hasn't happened.

      Basically, if the first person to open a bookshop had trademarked "The Book Shop" it would have been fair game. See: "The Sock Shop", "Carphone Warehouse" or even "Radio Shack" (pretty sure radio hams were using that term long before Tandy).

      Meanwhile, on the whole "Apple ripped off WiFi sync" front, since when did the Slashdot community support the notion that people could "own" obvious ideas?

      --
      In a survey of 100 programmers, 111111 thought that duck-typing was a good idea.
    2. Re:Precedent? by greed · · Score: 1

      Given that MissingSync for PalmOS could do syncs over Wi-Fi and Bluetooth to a Mac OS X host, I'd say it's a pretty obvious idea.

      What real evidence says they stole the app itself, anyway? I'm pretty sure you submit the binaries to Apple for approval, not the source code. The agreement says only that you submit "Your Application."

    3. Re:Precedent? by ceoyoyo · · Score: 1

      If nobody trademarked the name then you could go ahead and set up an App Store.

      Oh, wait, Apple trademarked the name. They still can't stop other people from making app stores and calling them something else though.

    4. Re:Precedent? by D-OveRMinD · · Score: 1

      Yeah but that's what's at issue...should the trademark for such a generic term have been granted in the first place, and can it be overturned. Just because it was granted doesn't make it valid.

    5. Re:Precedent? by D-OveRMinD · · Score: 1

      It's also called prior art...

    6. Re:Precedent? by Wovel · · Score: 1

      I believe Apple actually has that patent.

  19. Hmm by Anonymous Coward · · Score: 0

    I am sorry but why should i feel sorry for people who wants to earn money helping closed systems ? I see it like helping dictatorship ...

  20. Re:Oh, for the love of God! by Anonymous Coward · · Score: 1

    accusing someone of stereotyping while you yourself do the same is hypocritical.. so I guess I'll join in the fun.. gtfo you fuckin straightedged prettyboy and go flap your skinny little arms to the other faggots in your expensive coffee hangout. dont' spill any coffee on those messenger bags.

  21. Your point is moot. by Anonymous Coward · · Score: 0

    So what if the name is predictable.

    Try making a graphical OS and name it "Windows", and tell the judge the name is evident because it uses windowed views.

    He did it first. He got the put the evident name to his product. Prior art, and submitted to Apple to boot. The burden of proof for not stealing is on Apple.

    And in any fair trial apple would get bashed into the ground for this.

    1. Re:Your point is moot. by shutdown+-p+now · · Score: 0

      Try making a graphical OS and name it "Windows", and tell the judge the name is evident because it uses windowed views.

      That's not an apt analogy. An apt analogy would be making a graphical OS, and naming it "graphical OS", or "OS with Windows".

      And that would get you thrown out of the court pretty quick if you tried to enforce it. Heck, since you mention "Windows" - do you remember how the actual lawsuit about that exact thing ended in practice? The courts have repeatedly thrown out all claims about "Windows" not being a generic trademark, and eventually Microsoft settled, effectively paying $20M to Lindows to transfer the trademark to MS.

      He did it first. He got the put the evident name to his product.

      Just because you're the first to come up with the brilliant idea to name a car you make simply "Car", doesn't entitle you to such a generic trademark. Not unless you have actually invented the car (and the word). This guy didn't.

    2. Re:Your point is moot. by bennomatic · · Score: 1

      How surprising that someone who doesn't understand trademark law would post AC.

      The first thing looked at by any judge in a trademark case is the "strength" of the trademark. That is, whether it is unique and enough to be defensible. After that, they look into the likelihood that the use of a mark by a second party will confuse the customers or potential customers of the first company.

      "Kodak" is an example of a strong trademark; it was chosen because at the time the company was created, they hired linguists to come up with a word that didn't mean anything in any language. You can say "Kodak" anywhere in the world and people know that you're talking about that company.

      Naming a product after the primary technologies it uses is effectively making it a generic product. Think "Kleenex" vs. "Facial Tissue". The name isn't defensible.

      The logos are just stylized versions of the common logos for wifi and synching. Also not defensible.

      Now, if Apple used any of this guy's code, they should be held responsible. But it sounds like this guy had an idea (that everyone had) a product name (which was obvious) and a logo (that was obvious) and none of those elements of this case are at all defensible.

      --
      The CB App. What's your 20?
    3. Re:Your point is moot. by Hamsterdan · · Score: 1

      "And in any fair trial..."

      I think that pretty much sums it. Apple is a big corporation who probably has to pay an entire board of lawyers all year long. They can afford to go to trial, afford delays, appeals, so on. Us normal people can't afford to do that. So by default the rich corporation wins.

      --
      I've got better things to do tonight than die.
  22. Why blame apple? by makubesu · · Score: 0

    Did you forget the hundreds of millions of dollars apple had to pay the music industry cartel to get this exact some functionality? Apple probably rejected the app for fear of legal trouble, or at least that the industry would stop supporting the iTunes store. And stole the idea? It's about as obvious as it gets. Anyways, doesn't the Zune already let you sync your music wirelessly?

    1. Re:Why blame apple? by Elbart · · Score: 1

      What? Why should the MAFIAA get any money for a wireless syncing feature? This is not the iCloud we're talking about.

  23. Not quite right by Calibax · · Score: 1

    Well, not quite. Apple hired Larry Tesler from Xerox Palo Alto Research Center, and he hired some of of his buddies from there. They were all unhappy because PARC had invented all this great stuff and Xerox wasn't doing anything meaningful with it.

    So, it was no surprise when Larry and company produced many of the things they had pioneered at PARC, except better because they now had some experience of what worked and what didn't.

    If you want to assign blame, then most of it should fall on Xerox for not using the stuff they had, and allowing their engineers to get unhappy enough that they left for a company that paid less but would use their talents.

    P.S. I was one of those guys....

  24. Re:Oh, for the love of God! by SuricouRaven · · Score: 1

    You can you compare the code? Apple aren't going to release theirs.

  25. Lots of toes. by Anonymous Coward · · Score: 0

    This story along with this one and this one and others (not going to hunt down any more links) like the "App Store" lawsuit with Amazon, and the patent application for the same technology Pandora and Spotify are using.... isn't Apple starting to step on too many toes here? Where do you draw the line between ballsy, brilliant, business strategy and sheer corporate arrogance? I feel like if Apple continues to conduct business like this, they're going to end up where Microsoft was at the turn of the millenium: a courtroom.

    1. Re:Lots of toes. by Elbart · · Score: 1

      Camera+ ... Too bad TapTapTap still thinks Apple gonna play nice in the future, just read the last two blog-posts (1-year-retrospective and 2.2.1). So sad.

  26. Re:Oh, for the love of God! by Anonymous Coward · · Score: 0

    If you want to justly accuse somebody of theft, don't compare the damn logo and the name. Compare the CODE. Is there no length a neckbeard will go to to find something Apple-related to nerdrage about?

    Obviously none of us can compare the code so why bother saying something you know is impossible.

    We can however call bullshit when app designers are treated like shit and shutdown for reasons that I personally view as unjust.

    Is neckbeard a new term? Up until just a year or two ago I've never heard anyone use that and now it seems to be a new meme.. It must be ancient because I think of old ham operators who can churn out morse code faster than I can type.

    Nerdrage is funny... What term should we assign to Apple fanboys who think they are better than nerds?

  27. Pretty generic to start with by podom · · Score: 1

    To be fair, the name of the app is "Wi-Fi Sync", and the icon is arrows in a circle (used for the Time Machine icon, for example) with Apple's own wi-fi icon in the middle. I'm thinking there's some sampling going on in both directions. Ironically, if Mr. Hughes' app hadn't been around, Apple might have come up with a more creative name and icon.

    Apple may have ripped him off to some degree, but they may have already been planning this feature. As other posters have pointed out, also, they rejected his app because it didn't meet their guidelines, which is a separate topic.

    --
    We're wanted men. I have the death sentence in 12 systems!
    1. Re:Pretty generic to start with by owlstead · · Score: 1

      Trying to claim anything that starts with an i is much much much more generic in my opinion. You cannot defend the one and be against the other.

  28. The developer got Steved by Anonymous Coward · · Score: 0

    Too bad for him, but the old saying is if you sleep with dogs, you get fleas.

    Look at the history of Jobs and business partners.

    Jobs lied to The Woz about a payment, just to keep $1,000 in his pocket VS what was agreed to.
    Jobs claimed his daughter Lisa was not his, to avoid the support payments.
    H. Ross Perot called his money in NeXT his worse investment (the 'lies' there could just be thought of as overoptimistic investment statements)

    And if you were an Apple ][ developer, a Newton Developer, someone who was looking to the Red Box as pitched at WWDC 1997 or someone who was involved in the Mac 'clone' maker market - what makes you think you are gonna get a better deal then they did?

  29. Generic? by Anonymous Coward · · Score: 0

    You can't trademark a descriptive name.

    That's rich coming from a company who's name is "Apple".

    How much more f-ing generic can you get? "Air" Oh yeah, they already have a product named that too.

    1. Re:Generic? by Anonymous Coward · · Score: 0

      "Apple" ... which they wouldn't have if it wasn't for a deal made (ever wonder why iTunes didn't have the Beatles until more recently?)...

    2. Re:Generic? by petman · · Score: 1

      "Apple" in the context of computers/electronics is not generic.

    3. Re:Generic? by macs4all · · Score: 1

      You can't trademark a descriptive name.

      That's rich coming from a company who's name is "Apple". How much more f-ing generic can you get? "Air" Oh yeah, they already have a product named that too.

      Apple certainly doesn't have a stranglehold on using common words for product names. One only has to look to Microsoft WINDOWS or Google's ANDROID for some pretty cogent examples.

      BTW, this article which WAS written by a lawyer, specifcally uses "Apple" as an example of a "common word" that could be trademarked.

      Having said that, Apple clearly coined the PHRASE "App Store" before it became a "household word". Seriously, have you ever heard anyone utter the term "App Store" before Apple started using the term? I sure as hell haven't. And neither has anyone else. In fact, it was Apple that first started calling computer "Programs" "Applications", as far back as the Lisa. Seriously, when did a DOS or UNIX user call anything an "Application", prior to the introduction of the Mac? Same thing with Windows users. They almost universally used the term "Program", rather than "Application", well into the 1990s. And as far as the abbreviation "App", well, I think that we can thank the planet in general.

      That's the difference that makes all the difference. Many people have used the words "Application" and even "App", as well as "Store" for a long time. But, until the iPhone App Store, not one person on the planet had stuck those words together in a "branding" sense. And so, that makes Amazon's sudden post-Apple usage a blatant attempt to cash-in on, and confuse the public with, an identical name. There can be no other interpretation. It isn't the fact that the words themselves are generic; it is the unique combination of the words used as "brand" or "product name", and then the subsequent use of that same combination of words in a manner carefully calculated to confuse the public, that constitutes trademark infringement. Our culture is replete with such trademarked phrases, each of which contain only utterly generic words: "Finger lickin' good"; "Good to the last drop", "Let's get ready to rumble" (yes, it's trademarked!) are all well-known (at least in the U.S.) examples of such.

      IMHO, the only thing that would sink Apple is if they were stupid enough to not trademark the name "App Store". But, fortunately for Apple, they aren't stupid. So, what was your point, again?

  30. Can Slashdot editors start reading Reddit? by harlows_monkeys · · Score: 1

    Yet another article makes Slashdot, well after it has been thoroughly torn to shreds as bullshit on Reddit, Hacker News, and other sites. Why can't Slashdot editors take a quick look at other, more timely sites to see if a submission is total BS before approving it?

    Quick summary of the problems with this article. First, people have been asking for wireless sync as soon as iPhone launched. It is idiotic to think they got the idea from this guy's app.

    Second, Apple in fact implemented wireless sync for AppleTV, long before this guy's app came along for iPhone, showing Apple in fact knows how to wirelessly sync things with iTunes. The lack of wireless sync in iPhone was by choice, not because they didn't know how to do it.

    Third, the guy's app actually syncs using Apple's sync mechanism and code. All he's doing is using non-public APIs to invoke Apple's mechanism over wifi. That's the reason his app was rejected. Using APIs that aren't in the documented SDK is not allowed.

    The icon is an obvious combination of symbols Apple is already using.

    The name is also obvious, since Apple is dropping the use of "Airport" generally in favor of "Wifi".

    1. Re:Can Slashdot editors start reading Reddit? by Anonymous Coward · · Score: 0

      Also, it should be mentioned that this shmuck's app doesn't work for the majority of Windows users and some Mac users were also left in the dust while he rode laughing to the bank. The tech press went wild and claimed "Thsi just works!" while quite the opposite were true.

      For the relatively huge amount he asked for the app (10$, are you kidding me?) he surely should have at least had the decency to fix the app, which he never did.

      What I mean is there's a big part of JAilbreak community pissed at this guy and more power to Apple if they ever decide to additionally "steal his monies" in court.

    2. Re:Can Slashdot editors start reading Reddit? by Cutting_Crew · · Score: 1

      "Using APIs that aren't in the documented SDK is not allowed"

      So how do you find out which APIs are documented? How do you actually look at the rules? It seems that you cannot even look at all the rules unless you are a developer meaning paying $99.

    3. Re:Can Slashdot editors start reading Reddit? by blueg3 · · Score: 1

      Have you tried? All you have to do to get the iPhone SDK documentation is register as an Apple developer, which is free.

    4. Re:Can Slashdot editors start reading Reddit? by syockit · · Score: 1

      The fact never changes that Apple failed to deliver the functionality before the guy did. As such, it is just proper for Apple to credit him in some way.

      --
      Democracy is for the people; you only vote once per season and we'll do the rest of the work for you don't have to.
  31. Way too much coincidence by KingSkippus · · Score: 4, Insightful

    That's BS. It's the exact same functionality with the exact same name and damn near the exact same logo. If it were one or two of those things, I might be willing to chalk it up to coincidence or obviousness. But the whole trifecta? After Apple engineers have had exclusive access to his app and acknowledged that they were impressed by it? And after it's been highly visible on Cydia? (If you don't think Apple engineers are looking at Cydia apps, I've got a bridge I'd like to sell you...) To pretend like it's all just some big coinkidink?

    No sir, I don't buy it, not for a damn minute. I think they were impressed with his app so much that they decided to add it to their own feature list to be implemented, turn it down to deny him money and reputation he should have been earning, saw it doing well on Cydia, and pushed it out as an "upgrade" so that everyone will be zealously adoring of how smart they are for something they should have had working from day one and that someone else smarter than them figured out before they could.

    This was blatant abuse of their power as gatekeeper of the one and only official app store. It's disgusting, and while I'm usually not a fan of IP lawsuits, I hope this guy wins a million or three in damages for what Apple denied to him. He has provable damages and has them dead to rights for wholesale stealing his work. In the US, this would be an obvious violation of copyright and probably trademark too. Hopefully in the UK they have similar enough laws that it would be there, too.

    And what the hell difference does it make if they asked him for his résumé? Did they offer him a job? Apparently not. If anything, that sounds patronizing to me, kind of like, "Let's dote some praise on the guy whose work we're going to steal. Maybe he'll just stupidly go away and not bother us."

    And yeah, it pisses me off even more that these are the same bastards that go after people who have the unmitigated gall to call something iWhatever or offer to sell apps in a--gasp!--app store!

    1. Re:Way too much coincidence by drolli · · Score: 1

      The logo can be explained: combine the usual logo for wireless lan with the usual logo for synchronize.(since hotsync/palm times). There are not many ways to combine an open circle with something which can be placed inside.

      The app itself... Well syncing via network is *not* exactly a new technology (my palm m105 from 2002 could do that). I dont have an iphone, so i cant check what this app does exactly different.

      But guessing an obviously missing functionality of an upcoming product of a big company and also guessing the straightforward logo for it is nothing which creates a proof that they have ripped you off.

    2. Re:Way too much coincidence by shmlco · · Score: 4, Insightful

      That's enough. I, personally, submitted a feedback request to Apple FOUR YEARS AGO requesting Wireless Synchronization for my very first iPhone. Not to mention that practically every Apple and iPhone and industry tech blogger known to man have ALSO requested the same exact feature for years now. Google it.

      Or do you think they watch Cydia, but don't read their own mail nor follow industry bloggers and journalists?

      Second, as has been said, the logo is an obvious mashup of the Apple logo for iSync and the AirPort WiFi logo. iSync is eight years old. AirPort (and the WiFi application logo) are TWELVE years old. So who copied whom, here?

      Third, Apple's logo is for the feature, not an app. WiFI sync is baked into the OS.

      Finally, Apple rejected his app not due to some conspiracy, but because in order to sync the iTunes library you have to break the application directory sandboxing rule, and that's an automatic fail. Do not pass go. Do not collect $200.

      --
      Any sect, cult, or religion will legislate its creed into law if it acquires the political power to do so.
    3. Re:Way too much coincidence by SilasMortimer · · Score: 2

      The logo can be explained: combine the usual logo for wireless lan with the usual logo for synchronize.(since hotsync/palm times).

      Like the fish-bulb!

      --
      Omnes tuae crepidines sunt nobis sunt. Ascendo tuum!
    4. Re:Way too much coincidence by Noughmad · · Score: 4, Funny

      That's enough. I, personally, submitted a feedback request to Apple FOUR YEARS AGO requesting Wireless Synchronization for my very first iPhone.

      So... iOS 5 was your idea?

      --
      PlusFive Slashdot reader for Android. Can post comments.
    5. Re:Way too much coincidence by shmlco · · Score: 1

      The Death Star was my idea too!

      --
      Any sect, cult, or religion will legislate its creed into law if it acquires the political power to do so.
    6. Re:Way too much coincidence by shmlco · · Score: 1
      --
      Any sect, cult, or religion will legislate its creed into law if it acquires the political power to do so.
    7. Re:Way too much coincidence by dloose · · Score: 1

      coinkidink

      what's a coink dink?

    8. Re:Way too much coincidence by intheshelter · · Score: 1

      I'd try to educate you on all the ways you are wrong, but I'm not sure I have enough time and I seriously doubt you could get beyond your blind hatred of Apple to understand it. In short, this developer did NOTHING unique (note Time Machine wireless backup built into OS X for years), broke App store rules with his app, and ripped off Apple's logos to create his own. Maybe you should calm down and apply some critical thought to your analysis before spouting off this hating drivel. You make yourself look foolish.

    9. Re:Way too much coincidence by BrokenHalo · · Score: 1

      ...while I'm usually not a fan of IP lawsuits, I hope this guy wins a million or three in damages for what Apple denied to him.

      Fat chance. Justice is for those who can afford it, and I would bet that Apple can afford better lawyers than one lowly app developer. Even if he succeeded in winning the case after all the inevitable rounds of appeals, any compensation would be swallowed up by lawyers' fees.

    10. Re:Way too much coincidence by mcmonkey · · Score: 3, Insightful

      That's enough. I, personally, submitted a feedback request to Apple FOUR YEARS AGO requesting Wireless Synchronization for my very first iPhone. Not to mention that practically every Apple and iPhone and industry tech blogger known to man have ALSO requested the same exact feature for years now. Google it.

      And yet, they didn't actually implement this feature until after this guy had submitted his app.

      Or do you think it's been in development for four years?

    11. Re:Way too much coincidence by Just+Some+Guy · · Score: 1

      That's BS. It's the exact same functionality

      ...visibly. I guarantee that Apple's version is completely different under the hood. A small part of my job is maintaining a web scraper that monitors the website of an organization we work with and downloads updates to our local database. We do that because the organization doesn't provide a direct conduit for requesting the same data. If they decided to, though, I'm certain that their version wouldn't be implemented as a web scraper. They'd write something that dumped the output of an SQL query to XML, or similar.

      I've done nearly the same thing with patches I've received to a GPLed project I maintain. Someone will send me a patch to add some new feature and I'll like the general idea of what it does, but not like the implementation. I'll re-implement it my own way make that part of the next release. I guess the biggest difference is that I publicly credit the submitter on my project's website.

      with the exact same name

      "Wi-Fi Sync". What else would you call it? That's the generic description of what it actually is.

      and damn near the exact same logo. If it were one or two of those things, I might be willing to chalk it up to coincidence or obviousness.

      You've got one of three. It is obvious functionality, and it is an obvious name. Yeah, Apple probably could've handled the PR better, but I don't see that they've actually done anything wrong.

      --
      Dewey, what part of this looks like authorities should be involved?
    12. Re:Way too much coincidence by index0 · · Score: 1

      Ideas are a dime a dozen. A finished "product" is all that matters. This guy had his product out before Apple.

    13. Re:Way too much coincidence by Anonymous Coward · · Score: 0

      At first it seemed like you were saying something insightful but then it simply devolved into a bunch of unintelligible mumbling.

      Your communications might be more effective in the future if you'd remove Steve Job's cock from your mouth.

    14. Re:Way too much coincidence by corvax · · Score: 1

      ios5 was my idea! and windows 7 was my idea! (TM)

    15. Re:Way too much coincidence by cowscows · · Score: 1

      They've been building a new billion dollar data center for the past couple years in North Carolina. I supposed they could've just decided to spend some money on a giant air conditioned building full of computers just for the heck of it, but it seems more likely that it was part of some bigger plan, maybe to provide some new online services or something like that.

      --

      One time I threw a brick at a duck.

    16. Re:Way too much coincidence by binford2k · · Score: 1

      Hahaha, go take your meds, buddy.

    17. Re:Way too much coincidence by binford2k · · Score: 1

      You've got one of three.

      He's got none of three. The logo is an obvious mashup of Apple's own WiFi & Sync icons: http://grab.by/akrk

    18. Re:Way too much coincidence by binford2k · · Score: 1

      Do you really think that the engineers who built iOS and iTunes couldn't figure out how to sync wirelessly on their own? Hahaha

    19. Re:Way too much coincidence by Anonymous Coward · · Score: 0

      Yeah.... despite being, generally, a fan of Apple products and services myself, I agree in this case. It's clearly a situation of Apple doing what they think they can get away with in a court of law, vs. doing what ensures the "little guy" developer is treated with the maximum amount of fairness.

      Truthfully though, that's just the tech. industry as a whole, in a nutshell. It'd be nice to think that Apple is above doing business that way, but history shows they really aren't. It's been a long time since I located or read the articles so I can't provide links right now, but I recall reading stories of other small-time devs. who complained about Apple steamrolling over them with other apps they made for OS X. (I believe Apple's iWeb was one such situation,vs. a shareware WYSIWYG web-design app that had similar functionality first, and iTunes itself was another.) Then, there's that shareware dev. who still thinks Apple ripped him off with the whole Dashboard widget feature, too.

      I think the common element here is that someone develops a feature that Apple already thought about, internally, and at least made SOME steps towards bringing to market someday. Rather than stopping what they were doing and buying out or hiring the guy with a working app doing that same thing - Apple demands they cease and desist, and forges ahead with what they started. (If they "borrow" some of the ideas from the guy who finished the app first, so be it. Apple figures it's advantageous to go ahead with that and let the "little guy" fight it out in court, if they REALLY feel that "wronged" over it.)

      (I think it was the devs who invented an iTunes-like player before iTunes was out who said Apple contacted them and personally invited them to Apple corporate to have a meeting with Steve Jobs. They were all excited, thinking they were getting a chance to license their software to Apple, but instead, they got lectured about how Apple was already about to release something similar, and they were like a little hand-car on a train track, while Apple was the big locomotive about to run them down on the tracks. So out of the "kindness of Apple's heart", they were receiving that advance warning to get out of the way.)

    20. Re:Way too much coincidence by ceoyoyo · · Score: 1

      They didn't implement tethering for years either. Until well after there were lots of tethering apps. Did Apple rip off the people who wrote those tethering apps? Did THEY rip off RIM, Nokia, et. al. who had tethering implemented a long time before there were iPhones?

      Wifi sync (oooh, I just ripped off his name, didn't I?) is a pretty generic idea that everyone wanted from when the first iPhone was released. Apple took their sweet time introducing it, but the idea that they had to rip off some third party developer's idea to send data over wifi instead of a USB cable is ridiculous. The idea is generic. The implementation is trivial (for Apple). The name is obvious. The logo is also generic.

      Nothing to see here.

    21. Re:Way too much coincidence by Just+Some+Guy · · Score: 1

      You've convinced me.

      --
      Dewey, what part of this looks like authorities should be involved?
    22. Re:Way too much coincidence by kryliss · · Score: 1

      "Wi-Fi Sync". What else would you call it? That's the generic description of what it actually is."

      Uhm.... Wync? or iWync?

      --
      --- If the bible proves the existence of God, then Superman comics prove the existence of Superman.
    23. Re:Way too much coincidence by im_thatoneguy · · Score: 1

      1) Zune/WP7 syncs over Wifi as have many smart phone OSes for many years. WP7 just launched and Apple is probably trying to be sure that any differentiating features in WP7 are leveled.

      2) "Wi-fi sync" is the most obvious name. "Wireless sync" implies it can be done over 3G so that's no good. "Mobile Sync" ditto. "802.11 sync" is stupid. "AirSync" would be really the only other option. So it was really 50/50.

      3) If this dev didn't want to deal with Apple's notorious douchiness he should have done something for Android or WP7.

      4) I can almost guarantee you that he used some sort of trick to send USB Sync data over Wifi as a bridge but using Apple's standard Sync protocol. Apple on the other hand I'm sure wrote a direct Sync over Wifi protocol and skipped the USB so their implementation is going to be completely different (without any theft).

    24. Re:Way too much coincidence by Wovel · · Score: 1

      Since they do not use the same mechanism to synch the devices to itunes, I am not sure your question is in anyway relevant. The fact that he copy and pasted two Apple logos together and then complained when they did the same thing with their own logos kind of shows the extent of his mental disorder.

    25. Re:Way too much coincidence by ZxCv · · Score: 1

      So are you really implying that the idea of wireless syncing never crossed the minds of any Apple engineers or managers until this guy's app was submitted? Or that he figured out some magical trick to make wireless syncing work that Apple's own engineers just hadn't been able to crack yet? Seriously?

      The GP post is spot-on. This is all much ado about nothing.

      --

      Perl - $Just @when->$you ${thought} s/yn/tax/ &couldn\'t %get $worse;
    26. Re:Way too much coincidence by nagnamer · · Score: 1

      That's when a dink is coinked.

      --
      Every harsh word you utter has the right address. It only sounds harsh because the one on the envelope is the wrong one.
    27. Re:Way too much coincidence by nagnamer · · Score: 1

      It may be true that the guy broke the appstore rules, but that's besides the point. Appstore rules are irrelevant in IP issues.

      --
      Every harsh word you utter has the right address. It only sounds harsh because the one on the envelope is the wrong one.
    28. Re:Way too much coincidence by jaysones · · Score: 1

      I just had a great idea: iOS 6! If Apple ever releases anything similar, I'm rich!!

    29. Re:Way too much coincidence by Anonymous Coward · · Score: 0

      Judging by how shit iTunes runs (and Syncs with cables) it wouldn't be too far fetched to assume that they couldn't manage to tie their shoe-laces, let alone sync Wirelessly.

    30. Re:Way too much coincidence by Anonymous Coward · · Score: 0

      Sigh. It's highly likely that guy's code heavily leverages Apple's code to work since it's just allowing the routing of ports over wifi instead of USB.

      While I haven't actually bothered to reverse engineer WifiSync, there's been a lot of signs that point to it being nothing more than just "fun with bonjour"

  32. Undocumented APIs == Rejection by perpenso · · Score: 3, Informative

    And I'm sure he used some interesting and impressive hacks to trick the iphone into wirelessly syncing.

    Well **IF** he went the undocumented API route then there would be no conspiracy regarding the app rejection. Undocumented APIs are an automatic rejection, it may even be part of the automated prescreening process -- completely automated, no human judgement call.

    1. Re:Undocumented APIs == Rejection by agentgonzo · · Score: 4, Informative

      From what I understood of his app when I took a look at it on Cydia, it writes to system files that the Apple T&Cs do not allow you to do. This is why it got rejected by apple for 'security concerns' (because it's writing to areas it shoudn't). Whether this is done by undocumented APIs or standard iOS APIs I do not know.

      As for the name/logo. It's syncing over wifi. There are two very obvious names: "Wifi Sync" and "Sync Wifi" for this. And the logo is the most obvious choice for a logo: The composition of the wifi logo and the sync logo. If you'd have asked me to come up with a name/logo for this I would have come up with exactly the same thing. I do not think that Apple ripped him off - he's just trying to make noise.

      And yes, Apple should have put wireless synching in with iOS 1...

    2. Re:Undocumented APIs == Rejection by AmiMoJo · · Score: 3, Insightful

      Microsoft were guilty of anti-competitive behaviour for allowing their apps to use undocumented APIs in Windows. It seems like Apple is doing exactly the same thing but worse because they can ban things from the App Store, which is the only non-hack way of getting apps onto the phone. In fact they got into hot water over banning apps that "duplicate functionality" (i.e. compete with them) before.

      Why shouldn't there be two wireless sync apps for iOS? Maybe someone can come up with a better solution than Apple, give users a choice.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    3. Re:Undocumented APIs == Rejection by NameIsDavid · · Score: 1

      Even when you enforce official APIs for apps, the OS itself must of course use undocumented APIs. That's merely separation of user functions from central system functions. Apple isn't using private APIs in its apps sold through the app store but rather in the implementation of a new OS capability. iOS already has USB sync. Apple just implemented the means to cut the cord. This isn't something an app can do because a central principle of iOS apps is that they are sandboxed and see only their own data. This is what allows users to feel free to try any app without worry of ever corrupting the phone or data from another app. A sync app must obviously see beyond its own sandbox and is thus impossible. That's why Apple made it a central system service. Note that there is no concept of a system tweak in iOS. You can only buy apps, never any software to customize or modify the OS function itself. Perhaps Apple will one day create APIs to allow this, but the sandboxed app model is the only one right now. By the way, another reason many private APIs is because the developer, whether Microsoft or Apple, isn't prepared to lock them down or support them. They are subject to change as the functions they implement are refined and co-optimized with the rest of the OS.

    4. Re:Undocumented APIs == Rejection by AmiMoJo · · Score: 1

      Your augment is technical, but the issue is a legal one. As Microsoft found out.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    5. Re:Undocumented APIs == Rejection by Rockoon · · Score: 1

      Even when you enforce official APIs for apps, the OS itself must of course use undocumented APIs. That's merely separation of user functions from central system functions. Apple isn't using private APIs in its apps sold through the app store but rather in the implementation of a new OS capability. iOS already has USB sync.

      Imagine Microsoft taking steps to break all syncing software which competes with their own... "Well thats an OS feature" wouldn't cut it for an excuse.. would it?

      --
      "His name was James Damore."
    6. Re:Undocumented APIs == Rejection by t2t10 · · Score: 1

      The "conspiracy" is that Apple has "undocumented APIs" in the first place, the kind of thing that got Microsoft into trouble. Apple simply should not be permitted to reject legal apps from the app store. If that's the only way they say they can ensure security on their platform, they need to fix their security (it's a lame excuse and a lie anyway).

      Apple is getting away with all the anti-competitive, evil, shitty behavior that got Microsoft into trouble with the law. That may have been OK when they were the underdog, but they are bigger than Microsoft now and they need to be held to a strict standard.

    7. Re:Undocumented APIs == Rejection by coinreturn · · Score: 1

      It's not a matter of "secret" API's that only Apple has access to or some sort of conspiracy. When developers subvert the API's, the user experience sucks when the OS is updated and Apple gets blamed for breaking apps. When you follow the API's, your apps don't break. I wrote Mac applications written for MacOS 7 that ran through years of OS upgrades, until the Motorola 68K (that's pre-PPC, for you noobs) instruction set was no supported through Rosetta.

    8. Re:Undocumented APIs == Rejection by Sancho · · Score: 3, Insightful

      IIRC, apps can't have access to brightness controls. Apple's iBooks has a true brightness control. iBooks does not come as part of the OS--it is an app store download, and is a feature which is used to make money selling books.

      If you don't mind talking about applications which come with iOS but which fall outside of system functions, then Safari gets some attention. Safari is allowed to compile and execute code in the data segment of memory, bypassing a rather large security function. And long before multitasking was available, Apple's software could run in the background.

    9. Re:Undocumented APIs == Rejection by itsdapead · · Score: 1

      Microsoft were guilty of anti-competitive behaviour

      ...because they tried to leverage their (at the time) near-total monopoly on personal computer operating systems to drive competitors out of the existing application software market.

      If and when someone convinces a court that Apple have a near-monopoly on mobile device operating systems then they may be forced to open up iOS to competition. It was already determined (in the PsyStar case) that arguing "Apple has a monopoly on Apple-branded devices" doesn't cut the mustard. Catching someone at Apple saying "iOS ain't done 'till DropBox won't run!" might also help your case.

      --
      In a survey of 100 programmers, 111111 thought that duck-typing was a good idea.
    10. Re:Undocumented APIs == Rejection by Dog-Cow · · Score: 1

      Imagine if Apple had a rule about apps using undocumented APIs and Frameworks.

    11. Re:Undocumented APIs == Rejection by Amouth · · Score: 1

      i didn't realize the brightness control was blocked - that would explain why none of the basic light apps have it... that's rather annoying.. i'd like to see their justification for blocking it

      i also find it annoying they don't allow any apps that show wifi/cell SNR. that would be so useful

      --
      '...if only "Jumping to a Conclusion" was an event in the Olympics.'
    12. Re:Undocumented APIs == Rejection by rjhubs · · Score: 1

      Come on, at least acknowledge the complete hypocrisy in this situation. Imagine I came along a year afterwards and started selling an app called Wireless Sync with an almost identical logo and the same functionality. You don't think Apple would try to sue me if my app was successful? These are the same people who are suing Amazon for the use of "Appstore"

    13. Re:Undocumented APIs == Rejection by mcmonkey · · Score: 1

      As for the name/logo. It's syncing over wifi. There are two very obvious names: "Wifi Sync" and "Sync Wifi" for this. And the logo is the most obvious choice for a logo: The composition of the wifi logo and the sync logo. If you'd have asked me to come up with a name/logo for this I would have come up with exactly the same thing. I do not think that Apple ripped him off - he's just trying to make noise.

      And that's why almost all publishers explicitly do not accept random submissions from the public. They don't want some yahoo sending in an obvious idea the company is already working on, and then risk the lawsuit when the submission is rejected and the product goes to market.

      Except in this case, Apple requests submissions. So they should be prepared to handle such situations. Even if the feature was developed in house completely independent of this guys app, they stole his name and logo.

      These are trademarks, not patents. Obviousness isn't a factor. He was first to market. It doesn't matter if you or I or Apple would have come up with the same name and logo. We didn't. He did.

    14. Re:Undocumented APIs == Rejection by Stupendoussteve · · Score: 1

      There are multiple apps that control brightness. The Nook app is one example.

    15. Re:Undocumented APIs == Rejection by Sancho · · Score: 1

      They don't actually change screen brightness--they seam to be modifying opacity, which affects readability.

      Try this: change the brightness in iBooks, and pay attention to the status bar. You'll notice that it's brightness changes. Now try the same in Nook. The status bar doesn't change.

      Neither app, interestingly, affects system brightness. But iBooks can change elements outside of it's own domain.

    16. Re:Undocumented APIs == Rejection by Rockoon · · Score: 1

      Imagine if Microsoft has a rule about using undocumented API's and Frameworks...

      --
      "His name was James Damore."
    17. Re:Undocumented APIs == Rejection by binford2k · · Score: 1

      I'm afraid that the phrase mcmonkey has been a common law trademark since 1961, as can be seen at http://en.wikipedia.org/wiki/The_Sneetches_and_Other_Stories. Please discontinue use of this mark immediately, or you shall be subject to legal action.

      Also, while you're at it, please to be reading http://en.wikipedia.org/wiki/Trademark_distinctiveness#Generic_marks

    18. Re:Undocumented APIs == Rejection by nagnamer · · Score: 1

      These are the same people who are suing Amazon for the use of "Appstore"

      Because the name appstore is not a mashup of two generic words 'app', and 'store... oh wait... it is.

      --
      Every harsh word you utter has the right address. It only sounds harsh because the one on the envelope is the wrong one.
    19. Re:Undocumented APIs == Rejection by Anonymous Coward · · Score: 0

      Well, according to TFA, he's had over 50k downloads... according to you, that's a lot of broken apps at $10 a pop.

      Also, EVERYONE was a goddamn "noob" at some point or another. That elitist bullshit needs to die NOW. Just because a person is ignorant of something you are not, what gives you the fucking RIGHT to pull that "noob" bullshit?

      Fuck you twice.

  33. whaaaaar, he stole my icecream by pbjones · · Score: 1

    the Apple sync logo has always been rotating arrows, and the wireless logo has always been the same , so logically wi-fi sync will combine the two items. So sue Apple, if they stole your (TM) trademark. As for the concept of Wi-Fi sync, what It was your unique idea? c'mon, it was probably on Apple's to do list. If they stole code, then you have a beef, if they came out with a similar item, well stand in line with all of the people that duplicate ideas, the world if full of them.

    --
    There was an unknown error in the submission.
  34. Re:Oh, for the love of God! by wmbetts · · Score: 1

    Nerdrage is funny... What term should we assign to Apple fanboys who think they are better than nerds?

    Hipster

    --
    "Ubuntu" -- an African word, meaning "Slackware is too hard for me". - stolen from Dan C alt.os.linux.slackware
  35. Stealing? by Intrinsic · · Score: 1

    . And it has publicly lectured competitors to 'create their own original technology, not steal ours.'

    Don't be ridiculous apple, we are all building off each others ideas no matter how innovative we think we are. As developers no matter how many laws we try to make or how many people we try to convince of this illusion, software and ideas are not the same as property and they never will be.

  36. and you are shocked? by SuperDre · · Score: 1

    It's common with Apple to rip of other people's work (and make it (look) better), it's what their whole business is built upon, steve jobs has never really thought up something really by himself, he always ripped it from others, he's a master at it...

  37. Quick route to fame by cheros · · Score: 1

    1 - think of something obvious that Apple hasn't implemented yet
    2 - write an App that sort of implements it
    3 - wait for Apple to finally include it
    4 - get major press coverage making out Apple as a thief
    5 - Fame!
    6 - Profit?

    --
    Insert .sig here. Send no money now. Owner may sue, contents will settle. Batteries not included.
    1. Re:Quick route to fame by Stupendoussteve · · Score: 1

      This is pretty much it. The app was kludgy at best, and broke relatively shortly. Used it for maybe a week.

      Somehow I trust that the release by Apple will Just Work.

    2. Re:Quick route to fame by perryizgr8 · · Score: 1

      and here is apple's route:
      1. wait for other companies/individuals to develop real technology
      2. watch as they put out products with said amazing tech and a mediocre ui.
      3. steal tech and wrap it up in a smooth animated ui.
      4. set the price at 3x the other guys, for the same feature set.
      5. RDF!!!!1
      6. massive, unbelievable PROFIT!!

      --
      Wealth is the gift that keeps on giving.
    3. Re:Quick route to fame by Wovel · · Score: 1

      Sounds like the google model to me...

  38. Re:Wait, so are they ripping off Android or this g by Stalks · · Score: 2

    > FWIW, silly policy rejecting apps that duplicate iOS function, but it is in the rules. I am not surprised the app was rejected.

    I think you missed the point. The function is not available in iOS.

  39. Bad... by DrScott · · Score: 1

    I'm an Apple supporter (and yes, I use PCs too), but this is just wrong. Apple has incorporated other applications' functionality into their own software, but at least in some cases they bought out the developer's company or hired him. Although in this case they said "send in your resume", they still can easily afford to compensate him and publicly acknowledge his invention. That would have been the right thing to do.

    1. Re:Bad... by itsdapead · · Score: 1

      they still can easily afford to compensate him and publicly acknowledge his invention.

      What invention? Syncing an iDevice but - get this - over WiFi instead of a cable!!!! That's exactly the sort of "invention" that turns up in junk software patents and gets derided on forums like this.

      That's not to say it didn't need skill and effort to implement (including getting around the App Store sandbox, which he should have known would get it rejected... but then getting rejected from the App store is a pretty good way of getting publicity for your Cydia app) but then the guy seems to have made a 5-6 digit sum off Cydia sales, which sounds like a happy ending to me. I bet he's sold a few more thanks to all this publicity.

      --
      In a survey of 100 programmers, 111111 thought that duck-typing was a good idea.
  40. Really? by jimmyfogg · · Score: 1

    Is it beyond plausibility that Apple was already working on wireless sync when his app was submitted?

  41. Which license, bitches? by Anonymous Coward · · Score: 0

    That's kinda important, you know...

  42. Natural thing to do for a business by janimal · · Score: 1

    Back in university days I took a course on entrepreneurship. The prof then said, "if you need to do something and you don't think its going to get you in trouble, don't ask for permission, just do it. Ask the permission later."

    This is exactly what Apple did. They were plannig sync functionality (or liked what this guy was doing, which is less likely), so they rejected him and put out their version. This is what they needed to do. Now comes the "ask for permission" part. In Apple's case, this will mean paying off the dude in what will probably be an out-of-court settlement. This is just business. It's sad, but as a business, Apple could do nothing better. Jobs is no charity, and this shouldn't come as a surprise.

    For the idealist in you, for most of the cool apps out there the dream payoff is to get bought out by someone big (Microsoft, Oracle, Apple, IBM, whatever). There are many ways to get bought out. Settlement is one of these ways, and is no worse than a restrictive takeover.

    1. Re:Natural thing to do for a business by robogobo · · Score: 1

      And maybe they would have hired him or bought him out sooner if he hadn't gone to Cydia with it.

    2. Re:Natural thing to do for a business by Wovel · · Score: 1

      There is no law suit to settle. The guy seems to not really care at all. He also apparently declined to even send them a resume after his app was originally rejected. He got his payout...

  43. And Appstore is one of two obvious names by Anonymous Coward · · Score: 0

    For a store that sells apps for computers and/or smartphones.

    Additionally, the functionality that Apple sues others for is, just like this Wifi synch app, something other people do. But, when Apple copies it, it's just what they ought to do. When Google does it, it's a vile theft.

  44. Re:Oh, for the love of God! by Morky · · Score: 1

    App Shop

  45. Re:Wait, so are they ripping off Android or this g by somersault · · Score: 3, Insightful

    What? How are those things in any way opposed? Can Apple not copy two things at once? I thought their mobile developers could handle multitasking these days.

    The app was out a year before this feature was included in iOS. To make matters even more insulting, they've copied the design of the icon this guy created for his own app. They're spitting in his face. Try RTFA instead of trying to pretend to yourself like Apple are always good guys.

    --
    which is totally what she said
  46. Re:Wait, so are they ripping off Android or this g by hairyfeet · · Score: 4, Insightful

    I think you missed the entire point of TFA, which was an entire year before they announced their "feature" this guy had ALREADY submitted an app which they shamelessly ripped off for their OS, right down to the logo.

    Now this is one time when I can honestly say I hope some land shark of an attorney really tears into them and costs them shitloads of money. I mean seriously, how much would it have cost just to buy the guy out? Not much I wager, instead they rip off the little guy and give him nothing but the finger. Well i hope that attitude costs them a nice boatload of money and this guy gets to sit back in the sun sipping his beer and lighting cigars with $100 bills by the time this is over. Talk about sorry!

    --
    ACs don't waste your time replying, your posts are never seen by me.
  47. Is anyone surprised? by Anonymous Coward · · Score: 0

    That Apple is caught copying others- yet again?

    Apple's success is due to a few factors:
    1) creating "best of breed" devices in new or emerging niches- iPod, iPhone, iPad
    2) Simplifying the computing experience
    3) Steve Jobs marketing skills

    Throughout all of this they have rarely initiated new concepts- just implemented them better or with more effective marketing than any of their competitors.
    Hell, they don't even create their own operating system anymore- they just copy and modify one of the *nixes!

    I am fairly sure that they will have managed to cover themselves well on this though- no code is likely to be quite the same, or any other legal traps that they can't buy themselves out of easily.

  48. Re:Wait, so are they ripping off Android or this g by rainmouse · · Score: 1

    FWIW, silly policy rejecting apps that duplicate iOS function, but it is in the rules. I am not surprised the app was rejected.

    Oh they rejected it because they were already developing the same thing? So a student programmer works on something apple are allegedly already working on, but this student actually finishes it a full year before the combined might of Apple. Yeah that seems likely.

  49. There is no hypocricy whatsoever by UBfusion · · Score: 1

    I see no hypocrisy in either corporatism, or religion; it's a mutual contract: "I will endorse/pay you and you will protect me".

    This contract implicitly reads "I will also try to proselytize others provided you kill my enemies".

    The above two rules are a very concise and complete short history of the human race.

  50. Come on people by lateral · · Score: 1

    This is an obvious feature to put into the Apple feature set. You think the Apple devs were sat around wondering what to do and this obvious-thing-to-do-next app hits the appstore and they're blind-sided? I think not. They just don't want another app arriving sooner and stealing their WWDC thunder. It's their playground.

    And as for stealing the logo, give me a break! Both the developer and Apple both took the existing Apple logo for 'sync' and the existing Apple logo for 'wireless' and put them together. Not only is that an obvious thing to do it's the *only* sensible thing to do. What else would a good designer do but leverage the existing affordance in both those symbols?

    L

  51. Re:Wait, so are they ripping off Android or this g by Anonymous Coward · · Score: 0, Troll

    Also in the "rules" for the App submission. Apple has the right to reject if it's already a planned development.

    Another thing to consider is that the logo in question is a natural progression from the Current Sync Icon, with a Wi-Fi icon dropped in the center.

    Lastly the offering from apple is not the same kind of wireless sync that the App author created, it Syncs not to a users computer, but to the cloud, along with allowing even iOS upgrades with wireless..

  52. How is it different by MikeRT · · Score: 2, Insightful

    The Catholic Church has a nearly 2,000 year history, has been the state religion in much of the world for most of the time it's been present in various regions, and ironically, the Catholic Church fully recognizes the imperfection of its own members and clerics.

    I'd also add that the Pope is probably also zen-like in his humility compared to Steve Jobs. Which is ironic since he's allegedly the Vicar of Christ which essentially means he's Jesus' regent on Earth and when he speaks for the Catholic Church, he's allegedly infallible.

    1. Re:How is it different by Anonymous Coward · · Score: 0

      Not exactly, he is infallible only when dealing with divine revelation (some people also say that also regarding ethics and morale) - http://en.wikipedia.org/wiki/Papal_infallibility

    2. Re:How is it different by cavreader · · Score: 1

      I will gladly take Jobs and even Gates over the Catholic Church. MS and Apple might have some questionable practices but I have not heard of millions of people being killed just because they shunned Apple or MS products.

    3. Re:How is it different by t2t10 · · Score: 1

      The Catholic Church has a nearly 2,000 year history, has been the state religion in much of the world for most of the time it's been present in various regions, and ironically, the Catholic Church fully recognizes the imperfection of its own members and clerics.

      Sure it does. Catholic attitudes towards fallibility can be summed up in two sentences:

      "We're imperfect, but ours is the sole and absolute truth and if you don't join us, you will burn in hell."

      "When Catholics make mistakes, it's because we are humble, fallible human beings following the right ideology, but when non-Catholics make mistakes it's because they are following evil ideologies."

      I'd also add that the Pope is probably also zen-like in his humility

      There is nothing "Zen-like" or humble about the Pope. He used to be an opinionated, arrogant, highly-paid academic, and now he's living in luxury in the Vatican, promoting his morally dubious ideology with totalitarian authority.

      when he speaks for the Catholic Church, he's allegedly infallible.

      Papal infallibility was formalized only in the 19th century (how is that for tradition?) and applies when the Pope is speaking ex cathedra.

    4. Re:How is it different by arf_barf · · Score: 1

      just add 'yet' to the end of your sentence.

    5. Re:How is it different by FingerDemon · · Score: 1

      I guess you can fool some of the Papal some of the time...

      --

      "Contrarily the lookaside buffer might not be the panacea... "
    6. Re:How is it different by perryizgr8 · · Score: 1

      I will gladly take Jobs and even Gates over the Catholic Church. MS and Apple might have some questionable practices but I have not heard of millions of people being killed just because they shunned Apple or MS products.

      ...yet.

      --
      Wealth is the gift that keeps on giving.
    7. Re:How is it different by terjeber · · Score: 1

      Pope: Little boys like to have old men up their waste disposal system.
      People: He is infallible, so it must be so.

  53. Deny the good and the bad? by synapse7 · · Score: 1

    This doesn't bode well for the consumer if they are blocking good apps as well as the bad.

  54. Re:Wait, so are they ripping off Android or this g by Grizzley9 · · Score: 2, Insightful

    I think you missed the entire point of TFA, which was an entire year before they announced their "feature" this guy had ALREADY submitted an app which they shamelessly ripped off for their OS, right down to the logo.

    I'm not a developer but software like this isn't created in a week is it? I'm sure Apple has many plans for new features to it's software in the works and frameworks that are being built on the next upcoming release (iOS 5.0) that will enable future features that many could guess are coming but either the software or hardware just isn't there yet.

    This is not a new or innovative function. I've been doing this with my Palm Tungsten E since I got a bluetooth signal for my PC way back when. Also did he copy the syncing arrows off of Palm? Cause that's what theirs looks like as well. Add in the universal symbol for wireless and you have a pretty standard icon for what many would come up with for wireless syncing.

  55. Correlation =! Causation by augi01 · · Score: 1

    Just because Apple rejected his application, and then revealed an application of their own, which provided the same feature, does not mean Apple stole his application.

    --
    No yesterday, no tomorrow, and no today.
  56. Comment removed by account_deleted · · Score: 2

    Comment removed based on user account deletion

  57. Re:Wait, so are they ripping off Android or this g by j00r0m4nc3r · · Score: 0

    but this student actually finishes it a full year before the combined might of Apple

    If you worked in software you would know that 99.999% of students do not know how to write commercial-quality software. Yes they can cobble together a proof-of-concept or something at alpha quality (at best), but for the most part none of this stuff would ever be robust, stable, or correct enough to release commercially, especially with an Apple brand on it. They don't know the APIs. They don't handle the error conditions. They don't have the edge-cases. They don't have the testing know-how. They don't have the testing tools. They don't have the testing resources. Etc... Any fool can write a program and make it 80% "done". The other 20% is the real art, and takes the most time, even more than the other 80%. So yes, a student could very easily write something that would take Apple a full year or more to finish.

  58. Not absurd by SolusSD · · Score: 1

    Apple must defend its trademarks, or risk losing them. Apple owns a trademark on 'AppStore' and amazon used just that. Calling it absurd is absurd.

  59. Re:Oh, for the love of God! by Xyde · · Score: 1

    Amazon Programstoreâ¦It's only ever Macs that have used the term Applications.

  60. Re:Wait, so are they ripping off Android or this g by MightyYar · · Score: 2, Insightful

    To make matters even more insulting, they've copied the design of the icon this guy created for his own app.

    In all fairness, the guy named his app "Wi-Fi Sync", which is pretty functional as far as naming goes - definitely not much creativity went into the name. His logo is the Apple toolbar wireless icon surrounded by the Apple toolbar sync icon, stylized a bit into an oval rather than a perfect circle. Again, pretty functional and not much to "steal". It doesn't surprise me that Apple would pick the same name, nor that their art department would come up with a similar logo given the name.

    --
    W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
  61. Re:Wait, so are they ripping off Android or this g by lee1 · · Score: 2

    robust, stable, or correct enough to release commercially, especially with an Apple brand on it.

    This is hilarious. Do you need me to provide links for Apple Mail accidentally deleting mail, or the OS X Finder accidentally deleting files? And what about the bug-ridden iOS Mail program?

  62. Re:Wait, so are they ripping off Android or this g by intheshelter · · Score: 1

    Hold on there champ, put on the breaks. This was reported yesterday and after reading several articles on it already I think you might want to think this over a bit. Wireless syncing is NOT a new idea, it was not a new idea when Apple just announced it, and it was not a new idea when this guy submitted his app, so there is ZERO original thought on the concept from this app developer. Regarding the logo, you may want to look at the logo itself. It is comprised of the two arrows to designate syncing and the WiFi rainbow. You'll note that these logos have been present on Macs for YEARS, and it looks more like the developer ripped off Apple's logos rather than the other way around.

    I'm not saying Apple is sinless in this exercise, they definitely rejected an app that they didn't have a problem implementing into their own OS later, so it seems hypocritical, but this developer is not the innocent lamb he claims to be. He's probably very pissed that his Cydia app, which has earned him about $500k, will soon see its sales dry up. I sympathize, I really do, but did he or YOU really think that wireless syncing was an idea the he invented?

  63. Re:Wait, so are they ripping off Android or this g by cpu6502 · · Score: 1

    >>>this guy had ALREADY submitted an app which they shamelessly ripped off for their OS, right down to the logo.
    >>>

    Apple == 90s Microsoft. I used to hate the unscrupulous tactics MS used during the late 80s through the year 2000..... and now I see Apple copying many of those tactics. Kinda sad.

    So boycott MS.
    Boycott apple.
    What's left? I used to opt for Atari and Commodore, but they stopped making computers.

    --
    My AC stalker: " I personally agree with your posts most of the time, but that won't keep me from modding you troll"
  64. Re:Wait, so are they ripping off Android or this g by jc42 · · Score: 1

    in the "rules" for the App submission. Apple has the right to reject if it's already a planned development.

    Ah, so if if I come up with a good idea for a new iPhone app and submit it, all Apple's reviewer(s) need do is send a note over to the appropriate manager, who copies my description to their list of planned apps. My proposal is then rejected because it's now "already a planned development" (as of when the rejection is typed), and I've lost all rights to my idea.

    Remind me again why anyone would invest their own time developing new iPhone apps? Yeah, they might not realize that a new proposed app is a good idea, and allow you to do the work. But even then, they can and do pull apps after they've been in the app store for a while. And then a similar app comes out later, with no acknowledgement (or royalties) to the original designer.

    It's the music industry's model all over again. They pick a few successes to support and hold up before the rest of us as an incentive, and stick us with one-sided "take it or leave it" contracts that give most of the profits to the distributor, with only pennies per sale to the actual innovator.

    --
    Those who do study history are doomed to stand helplessly by while everyone else repeats it.
  65. Didn't fall for it by wickerprints · · Score: 1, Insightful

    Reading the comments so far has been heartening. I am pleased to see that most commentators are intelligent and rational enough to spot the BS and realize that this wasn't a case of Apple copying someone else's idea. That narrative just doesn't hold up to scrutiny. Apple hardly does everything right, but this was clearly a case of an obvious feature with an obvious logo design. The creator of the app wasn't the first to think of it. The only question I have is why Apple chose to wait as long as it did to implement this kind of functionality--at present, the most plausible answer is that they needed a good reason to offer it: the development of iCloud was probably what motivated it, but also, improvements in iOS sync efficiency and Wi-Fi network speeds since the introduction of the iPhone also seems to have played a role. From what I heard, the unofficial Wi-Fi sync app was/is slow.

    1. Re:Didn't fall for it by Wovel · · Score: 1

      Because it took a lot of work rewriting itunes they did not want to do till they did the 64 bit cocoa re-write. It was likely a simple matter of priorities. Just because someone can hack together something good enough (and not really from all the reviews I have seen) for they Cydia store, does not mean it is something easily made for Apple to release to customers they would like to continue doing business with.

      I agree most people seems to understand this guy is story is just a crock. The ones that don't are all a bit loopy.

  66. lying deveploper is also a theif by LoganDzwon · · Score: 1

    Apple has had wireless syncing in their products since the original AppleTV was announced in 2006. The icon is the same sync circle Apple has used for iSync since 2003, with the icon they used since 1999 for WiFi.

  67. Re:Wait, so are they ripping off Android or this g by Duradin · · Score: 1

    [Actual Citations Needed on the Following] Droidbois have been pointing out, with much glee, that they've have wireless synching forever, so it must be a case of selective amnesia to be able to think that Apple just saw this app and went "we must assimilate this".

  68. Re:Wait, so are they ripping off Android or this g by jc42 · · Score: 1

    ? So a student programmer works on something apple are allegedly already working on, but this student actually finishes it a full year before the combined might of Apple. Yeah that seems likely.

    Actually, it seems quite likely. There's are several conventional sayings in the software development biz to the effect that the time to produce anything (and the quality of the result) is an inverse function of the number of people involved in producing it. One form of this is the old comment that adding people to a late software project makes it even later.

    Big companies like Apple (or MS or IBM before them) typically take years to develop what one person can write in a week or a month. This is because inter-communication between a set of people is much more difficult that inter-communication within one brain. And the team's result is often bloated and buggy, due to the same communication problems among the developers. It's a problem that every software development manager is quite familiar with.

    So it wouldn't surprise me at all if a development team at Apple (who are probably all working on N other projects at the same time) should take a year or more to do something that a "student programmer" might develop in a few weeks. That's the nature of programming. We're good at building things whose details can be held in a single brain. We're not very good at building things whose details are distributed across multiple brains.

    --
    Those who do study history are doomed to stand helplessly by while everyone else repeats it.
  69. Re:Wait, so are they ripping off Android or this g by timeOday · · Score: 3, Insightful

    Looks to me like it was the guy who copied Apple's icons in the first place - it's an exact copy of the WiFi icon plus a copy of the Time Machine icon. WOW! He deserves to be a millionaire!

  70. Re:Wait, so are they ripping off Android or this g by node+3 · · Score: 1

    > FWIW, silly policy rejecting apps that duplicate iOS function, but it is in the rules. I am not surprised the app was rejected.

    I think you missed the point. The function is not available in iOS.

    Syncing is what is duplicated. Apple maintains themselves as being solely responsible for core functionality. This is what makes iOS consistent and reliable. It may violate some age-old nerd tradition of being able to tinker with every little detail, but most people tend to prefer things to work well. And complain all you want, but Slashdot contains just a vocal ultra-minority. iOS gives people what they want and is wildly successful for it.

  71. This Guys next app should be by Anonymous Coward · · Score: 0

    iSue. Apple should pay him fair value for stealing his idea and loss of revenue, let's say 9,99 per iPhone on the market. That should settle it nicely for all parties since it dosen't include possible future revenue. Shame on you Apple.

    -Apple fan boy

  72. It is not ridiculous by SilverJets · · Score: 1

    Imagine if the roles were reversed. If this student had made an app with the same name, very similar logo, and same functionality as one produced by a company after having seen the company's app and its code. Do you honestly believe that the company would not sue this kid into oblivion for doing such a thing?

  73. Re:Wait, so are they ripping off Android or this g by node+3 · · Score: 1

    Remind me again why anyone would invest their own time developing new iPhone apps?

    Because iOS is by far the most successful mobile OS to develop for.

    But even then, they can and do pull apps after they've been in the app store for a while. And then a similar app comes out later, with no acknowledgement (or royalties) to the original designer.

    Funny, your sig is applicable here. [citation needed] indeed! This isn't an app, it's core functionality. Apple has always maintained themselves responsible for providing core functionality. It's part of the developer terms.

    Wireless syncing has been in iOS since the original iPhone. Over the years, they've increased its scope and functionality. This is a natural progression of that.

    It's the music industry's model all over again. They pick a few successes to support and hold up before the rest of us as an incentive, and stick us with one-sided "take it or leave it" contracts that give most of the profits to the distributor, with only pennies per sale to the actual innovator.

    Wait, what? Apple takes a single, simple, well-defined cut. There's no music industry model. No one goes into debt to Apple by making an app. No one gets fronted money to produce an app by Apple, only to find after production, promotion, manufacturing, and distribution, they are now penniless.

  74. Re:Wait, so are they ripping off Android or this g by mehemiah · · Score: 1

    There's a bit of a difference between this application and itunes wirelessly syncing. Mostly the fact that your ipod isn't syncing with your computer, its syncing with the itunes music store and downloading your purchases as if i was another authorized device to the music store. I am also happy that, now, I don't have to ask Apple Customer support to let me re-download all my music free of charge when my harddrive died a couple months ago

  75. Re:Wait, so are they ripping off Android or this g by Anonymous Coward · · Score: 0

    Just like the guy who created the iOS app "Finger", which was a way to use the iOS Chinese handwriting recognition as an input device for your OS X computer. Apple incorporated the iOS Chinese handwriting input into Snow Leopard. The evolution was inevitable, just like adding WiFi sync.

  76. Stupid claim by DaveV1.0 · · Score: 1

    Gee, who would ever call an app that syncs over wifi "wifi sync"? And, who would ever think to use a combination of the wifi signal symbol and sync symbols as an icon for something that syncs over wifi? That is shear madness.
     
    For all he knows, Apple rejected his app because it already had the functionality in the pipeline for iOS 5.

    --
    There is no "-1 offended" or "-1 you don't agree with me" mod options for a reason.
  77. Re:Wait, so are they ripping off Android or this g by somersault · · Score: 1

    The icon wasn't the innovation obviously, just the article said Apple copied his icon. If he first copied Apple's icons, that's fair enough.

    --
    which is totally what she said
  78. Wait... by Roogna · · Score: 1

    So they ripped him off, on a feature that was requested by thousands upon thousands of people the moment the -original- iPhone landed. Maybe everyone who bought a first gen iPhone and complained that it -didn't- do OTA sync should complain that he ripped off their idea?

    Some people need to take their money and be thankful they got to play in that game at all for whatever time it lasted.

  79. Re:Wait, so are they ripping off Android or this g by Windowser · · Score: 1

    Remind me again why anyone would invest their own time developing new iPhone apps?

    Because iOS is by far the most successful mobile OS to develop for.

    Wrong. Android is the most successful. Citation is here

    --
    Avoid the MS tax, always buy I.B.M. PC's (I Built-it Myself)
  80. Re:Wait, so are they ripping off Android or this g by hairyfeet · · Score: 1

    Hey old CPU dude! I used to have one of those in my first "PC" a VIC20. Actually I'd say of the two MSFT is actually like a big old sweaty care bear compared to Apple right now. At least you don't need anybody to approve your app on Windows or WinPhone as far as i know. Meanwhile i'm betting in three years or less you'll see OSX phased out for iOS in laptop form factor, then if you want to use any Apple device it'll be Steve's way or jailbreak and void your warranty. Oh and after the shitpile that was Vista they actually got one right with 7, shocking I know.

    But to me this is a perfect example of the difference between the two companies. Even if, lets say for the sake of argument, that Apple already had a similar idea a brewing, if this would have been MSFT they would have simply bought the guy out as the bad publicity isn't worth the hassle not when the guy could have been bought off for less than the interest these guys make in a weekend. Hell MSFT would have thrown him a few bucks, offered him a nice little job, maybe made him an MVP or something, basically they'd have come out looking like nice guys.

    Sadly as you have pointed out since Steve got sick the first time Apple has been copying old Bill and his "kill crush destroy!" bad attitude that made MSFT so hated in the 90s. Nobody minds if you end up #1 as long as it doesn't look like you are getting there by stomping on the little guy. MSFT caught hell for this very same shit over Stacker/Doublespace, but notice how many iFanboys come out to apologize for Apple? I guess that thing about Apple users brains and the brains of religious zealots being the same must have some merit, huh? Because be honest, if you replaced the name Apple with MSFT and left every other word the same the hate would be ass deep in here!

    --
    ACs don't waste your time replying, your posts are never seen by me.
  81. Re:Oh, for the love of God! by Yvan256 · · Score: 1

    ExeStore
    ProgStore
    ProgramStore
    SoftStore
    SoftwareStore
    Amazon-Amazing-Multimedia-Web-2.0-Program-Store-in-the-Cloud

  82. Re:Wait, so are they ripping off Android or this g by Altus · · Score: 1

    For the last fucking time, you cant compare all of android to just the iPhone, you have to include all iOS devices.

    Also, in general iOS users are more willing to spend money on applications making it a much more attractive OS for developers to target if they want to actually get paid for their work.

    --

    "In America, first you get the sugar, then you get the power, then you get the women..." -H. Simpson

  83. Re:Wait, so are they ripping off Android or this g by timeOday · · Score: 1

    My question is, why hasn't Apple had the ability to sync the iPhone with iTunes over WiFi from the beginning? If anybody tried to patent such a thing, wouldn't we all be ranting about how obvious and un-patentable it was? I just don't think this functionality can be considered an "idea."

  84. Wasn't it Steve Jobs himself who (mis)quoted... by file_reaper · · Score: 1

    "Good artists copy; great artists steal."

  85. Re:Wait, so are they ripping off Android or this g by node+3 · · Score: 1

    Just recently, Android has reached 100 million units. Also, just recently, iOS has reached 200 million.

    Did you even read the first paragraph of your citation? It only compares Android to iPhone, and it only compares them in the US!

  86. Re:Oh, for the love of God! by Princeofcups · · Score: 1

    For the love of God, the name of the app is "WiFi Sync". What the fuck else are they going to call an app that syncs over WiFi?

    For the love of God, the name of the store is "Amazon Appstore". What the fuck else are Amazon going to call their store that sells apps?

    Appstore is a trademarked marketing term. WiFi Sync is the name of an app. Different ball parks. Not that I don't think the Appstore suite is ridiculous.

    --
    The only thing worse than a Democrat is a Republican.
  87. Re:Wait, so are they ripping off Android or this g by kat_skan · · Score: 2

    I'm not a developer but software like this isn't created in a week is it?

    May 5th 2010 to June 6th 2011 is hardly a week.

    This is not a new or innovative function.

    That's not really relevant though. I see no issue with Apple copying something obvious and useful. But blocking third-parties from implementing it and then a year later announcing precisely the same thing seems clearly anticompetitive to me.

  88. Like Apple comes up with any of its own Ideas by Anonymous Coward · · Score: 0

    Apple was a struggling company right before they stole the patent for the "IPOD" a very well documented thing. Now as a company Apple steals idea from people that try and summit apps to their app store or even other companies. Heck IO5 should be called a Zune update.

  89. Not to mention the Camera button by Anonymous Coward · · Score: 0

    Apple banned that app that let you use the volume button to snap the photo, giving a more traditional feel to using the camera feature. I believe they cited that it violated some bs in their big list of bs. Now they're implementing it.

  90. Surprise...meh by Anonymous Coward · · Score: 0

    Apple is a big group of a-holes...news at 11.

  91. Re:Wait, so are they ripping off Android or this g by jo_ham · · Score: 1

    Because while it's their sandbox and the rules are more restrictive that those of other sandboxes it is an extremely profitable sandbox to develop in, even with the restrictions. $2.5 billion-dollars-of-profit to developers (after Apple's 30% cut) sort of profitable. Clearly not everyone is running into a problem of "most of the money to the distributor, and pennies to the actual innovator" (seriously!? Do you even proofread what you write?!)

  92. Good fucking god people by binford2k · · Score: 1

    What else was Apple going to call WiFi Sync? And what other icon would it use instead of a conglomeration of its OWN two icons for ... guess what? WiFi and Sync! Imagine that?!

    Said icons on the left and right of http://grab.by/akrk

    It's not that fucking tool's icon at all. Jesus.

  93. Re:Wait, so are they ripping off Android or this g by Eristone · · Score: 1

    "Those who don't study history... "

    Microsoft did this same sort of thing - it turned out to cost them a bit of money. See Stacker for a prime example. Hope Apple doesn't mind writing a few checks.

  94. Re:Wait, so are they ripping off Android or this g by jo_ham · · Score: 1

    My point is that the app has existed for a while, yet also according to slashdot Android has had wireless syncing since the beginning, so one of them must have "been first" if it's a legitimate claim to call wifi syncing an innovative feature that could only have been arrived at by copying.

    Apple haters were all over the iOS 5 update saying the feature was copied from Android. Now it's... copied from this guy? So did he copy it from Android?

    Or is this another "it's an obvious idea so really is it copyable?" discussions that also permeate slashdot?

    I'm just curious. There's no doubt it was a "me too" feature added to iPhones (although the underlying wireless sync ability has been there for ages - it's how the app worked, via undocumented API calls), but is this a case of someone deciding to paint your car red as an aftermarket feature and then complaining when the manufacturer offers red as a stock colour in the new model year?

  95. Re:Wait, so are they ripping off Android or this g by Anonymous Coward · · Score: 0

    This. Obvious functionality is obvious. Apple should give this guy a million+ for cluing them in on something that should have been there from the beginning.

  96. Re:Oh, for the love of God! by intheshelter · · Score: 1

    How about Ama-app? Kindle-App?

  97. Re:Wait, so are they ripping off Android or this g by jo_ham · · Score: 1

    Well, the reason the app worked in the first place was because it used undocumented APIs put there by Apple as part of their own, unreleased, wireless sync system. The ability has been in iOS for a long time (and Apple has used it in other products), he simply decided to add it third party-style to the iPhone by using what Apple was already planning to use in iOS 5.

    I'm not saying Apple is blameless, but the rules state
    * no duplication of core function (and this is "syncing, but over wireless") [compare to slashdot stories where /. os very much on the other side of the semantic debate "it's buying something... but on the internet"]
    * no calling of undocumented APIs

  98. linking to el Reg from /. is Fire+Oxygen by robogobo · · Score: 1

    Um, the app violated the SDK, which is basically Apple saying "we reserve that stuff for our own core functionality, now or in the future." And the Logo? nope, those are two of Apple's existing logos, and the industry standard for wifi and sync, so sorry college boy, go cry to your fraternity bros.

  99. Really? by Anonymous Coward · · Score: 0

    1. Microsoft did it. So it isn't original.

    2. He created an app that did things Apple told its developers not to do and he is surprised that part of the reason may have been because Apple wanted to do it themselves?

    He should be happy he was able to have sometying profitable on Cydia for so long and that should be it. Seriously, it's like tethering, why would anyone think this feature wasn't coming to iOS? Of course it was!

    The logo is all I'd credit him with.

  100. Re:Wait, so are they ripping off Android or this g by dririan · · Score: 1

    At least you don't need anybody to approve your app on Windows or WinPhone as far as i know.

    WP7 still checks over apps that are submitted, but they're nowhere near as strict as Apple. It's basic "nothing that's illegal/carriers don't like etc.", AFAIK.

  101. Re:Wait, so are they ripping off Android or this g by Windowser · · Score: 1

    For the last fucking time, you cant compare all of android to just the iPhone, you have to include all iOS devices.

    Yeah, right, I have to include iPads and iPods as they are mobile too. Well, then, Windows is the most successful, as I see hundred of millions of windows laptop and netbook everywhere. And I think I have seen a Zune once. Just once.

    --
    Avoid the MS tax, always buy I.B.M. PC's (I Built-it Myself)
  102. Re:Oh, for the love of God! by perryizgr8 · · Score: 1

    they coulda called it WLANSync? Sync-ify? a billion other names that are not the exact same as somebody else's app?

    --
    Wealth is the gift that keeps on giving.
  103. ERI patent portfolio by Anonymous Coward · · Score: 0

    One of the first action Apple took when creating the iPhone was to make an agreement with Ericsson for a number of cellular patents.

  104. Re:Wait, so are they ripping off Android or this g by node+3 · · Score: 1

    Yes, when talking about targeting a platform, you have to include all the reasonable targets. iPod touches and iPads are reasonable targets (and Apple TV is not, even though it's part of the platform).

    Windows isn't a mobile OS, it's just an OS, but this isn't an argument I'm not going to get too far into. Pick whichever label you want, but you know what I mean. Of all the "app" OS's, the ones for touch-screen handheld devices, iOS is about double the size of Android in pure installed base, and is the most successful one to develop for.

    If you want to stick with the "Windows on notebooks counts" line, then iOS becomes second in units, but Android bumps down to third. As for netbooks, iOS has long since surpassed them.

    If you want to look at Windows on mobile devices, look at the success of UMPCs and Windows slates/tablets. It has made incursions into the mobile realm, but not fared very well (to put it kindly).

  105. Re:Wait, so are they ripping off Android or this g by syockit · · Score: 1

    Okay, there are many apps out there that does syncing wirelessly. So I think rule one is out of question: iOS didn't have that particular feature that was made available with that app, the app provided a feature that was not yet part of iOS.
    So I think the only way it could've failed was because of the second rule you state.

    --
    Democracy is for the people; you only vote once per season and we'll do the rest of the work for you don't have to.
  106. Re:Wait, so are they ripping off Android or this g by Anonymous+Freak · · Score: 1

    Big difference. Microsoft actually used Stacker's code.

    This is Apple implementing a similar feature *in a completely different way*.

    Apple has done similar things plenty of times before. See Spaces, see Dashboard, see any of a dozen other functionalities Apple implemented in the core OS after similar-to-near-identical independent utilities existed. It's called "people want a feature - that feature is implemented by third parties now - but people want it built-in, so we built it in."

    Apple will tell this guy to buzz off, and he will.

    --
    Another non-functioning site was "uncertainty.microsoft.com."
    The purpose of that site was not known.
  107. Re:Wait, so are they ripping off Android or this g by node+3 · · Score: 1

    Now, explain how the Stac/DoubleSpace lawsuit is relevant to the topic at hand. And Apple doesn't mind writing a few checks. They do so all the time. They buy products, hire people, and license technologies they think will improve their products.

    For example, they asked the WiFi Sync guy for his CV. They hired the notifications guy. The WiFi Sync guy just has sour grapes.

  108. Re:Wait, so are they ripping off Android or this g by j00r0m4nc3r · · Score: 1

    Nobody ever said Apple software was perfect or bug-free -- no software is. But you can be sure that their development has been far more rigorous than anything a student would do.

  109. Re:Wait, so are they ripping off Android or this g by Kalriath · · Score: 1

    Lastly the offering from apple is not the same kind of wireless sync that the App author created, it Syncs not to a users computer, but to the cloud, along with allowing even iOS upgrades with wireless..

    Incorrect. Apple is introducing wireless sync in that when your iPhone comes in range of the wireless network your PC running iTunes on it will automatically sync with it over WiFi, removing the need to connect to the PC with a USB cable. iCloud is something completely different again.

    --
    For a site about things like basic rights, Slashdot users sure do like to censor "dissent".
  110. Re:Wait, so are they ripping off Android or this g by Kalriath · · Score: 1

    This is Apple implementing a similar feature *in a completely different way*.

    If by "different" you mean "absolutely identically", yes.

    --
    For a site about things like basic rights, Slashdot users sure do like to censor "dissent".
  111. Re:Wait, so are they ripping off Android or this g by Kalriath · · Score: 1

    They also check that it doesn't contain any porn, that it doesn't crash, that it does what it says, no violence unless it's declared, no bad language...

    Actually, they pretty much check for whatever Apple check for, minus a few things.

    --
    For a site about things like basic rights, Slashdot users sure do like to censor "dissent".
  112. Hypocrisy with Camera+ as well by Anonymous Coward · · Score: 0

    Let's not forget the Camera+ app, banned by the App Store for its use of using the volume keys as a shutter button.
    http://www.tuaw.com/2010/08/12/camera-pulled-from-app-store-for-volume-button-as-camera-shutt/

    And now Apple is incorporating the concept into the built-in Camera app in iOS 5:
    http://www.apple.com/ios/ios5/features.html#camera

    Banned for potentially "confusing" customers, but evidently not so confusing for their own version in iOS 5. Go figure.

  113. Re:Wait, so are they ripping off Android or this g by Wovel · · Score: 1

    It is a matter of development priorities. Apple surely did not want to make significant changes to itunes before doing their planned move to the new (well now old) framework and 64-bit. Why do the work twice. So you wait on a feature that was not such a big frigging deal anyway.

  114. Re:Wait, so are they ripping off Android or this g by Wovel · · Score: 1

    And you should read the reviews on this turd of a program..

  115. Re:Wait, so are they ripping off Android or this g by Wovel · · Score: 1

    SO you have some evidence they used the same code. All the guy did was put a front end on their APIs and do some garbage on the desktop. Since his does not even work right, lets hope they did not use the code.

  116. Apple steal again by luk3Z · · Score: 0

    Apple steal someone's idea again. Approx 1 year ago they steal idea on nice game from Polish student. Apple fail again.

    --
    Recipes for USA bankrupt - http://tinypaste.com/0d66f dd = dollar deluge (printed in the infinity)
  117. Time to delivery by SuperKendall · · Score: 1

    even though they came out with it over a year afterM.

    Because in a company the size of APple a feature like wireless syncing takes ~2 years from development to delivery.

    For Apple the figure is very probably much longer as unlike other companies they seem to engage in many more product iterations before delivery.

    When you leave high-school and enter the real world you'll soon come to realize how long companies take to delver even what seem like simple products.

    --
    "There is more worth loving than we have strength to love." - Brian Jay Stanley
    1. Re:Time to delivery by Anonymous Coward · · Score: 0

      Because in a company the size of APple a feature like wireless syncing takes ~2 years from development to delivery.

      that's the biggest load of shit ever, you actually believe that rubbish? that has absolutely no factual basis whatsoever. in the end you still fail to address how it is 'obvious' that apple was already working on this feature, it's quite clear you don't understand the meaning of the word.

      When you leave high-school and enter the real world you'll soon come to realize how long companies take to delver even what seem like simple products.

      what a pathetic attempt to assert authority to back up your rubbish, baseless comment. what is it you've developed that makes you such an expert on these matters?

  118. Re:Wait, so are they ripping off Android or this g by Kalriath · · Score: 1

    I didn't say they used the same code, because I would not be able to provide evidence of that, not having access to either source code. What I was saying is that it is functionally identical (does the same thing), in response to node 3 claiming that it does something completely different.

    --
    For a site about things like basic rights, Slashdot users sure do like to censor "dissent".
  119. Name one phone before the iPhone by way2trivial · · Score: 1

    "Name one phone before the iPhone that had random-access voicemail?"

    http://www.google.com/search?sourceid=chrome&ie=UTF-8&q=CallWave+Announces+Free+Visual+Voicemail+for+Mobile+Phones%2C+Nationwide
    most of those press releases say Jan 18

    Iphone was announced Jan 9 and released June 29 2007 (per wikipedia)

    so.. there!

    --
    every day http://en.wikipedia.org/wiki/Special:Random
  120. no doubt by Anonymous Coward · · Score: 0

    bill and the other micro$oft geezers are beaming

  121. !Monopoly by Fjandr · · Score: 1

    If nobody buys apps on other platforms because of Apple leveraging of their power, that would be one thing. I doubt you'd have an easy time proving that to be the case though.

    People choosing not to for other reasons does not constitute a legitimate cause for legal action. The fact that Apple has control of the marketplace where the majority of applications are sold for a platform that does not dominate the market doesn't mean a thing in any meaningful legal sense.

    1. Re:!Monopoly by Dahamma · · Score: 1

      Again people are missing my point... the (potential) monopoly this thread was talking about (going all the way back to the comment that Apple devs aren't constrained by the same rules, and can use private APIs) was on the *developer* side - not end device users.

      Apple is clearly leveraging their power over developers, that's what the article and thousands of other complaints about arbitrary or restrictive app approval policies are about. There is currently only one serious market for mobile app developers, and that's iOS devices via the iTunes app store. It doesn't matter why it's the only market from the developer's point of view - it is, and it's tightly controlled. And in this case Apple may have rejected an app while adding it to the OS themselves, which as someone pointed out isn't all that different from the IE vs Netscape issue.

      And saying "that's not Apple's problem, the developers should go somewhere else" is not an reasonable answer. You might as well say that Netscape, Opera (or any other company MS screwed, and there are plenty) should have just gone off and built word processors or cars...

    2. Re:!Monopoly by Fjandr · · Score: 1

      Oh, I did indeed miss your point. A developer lock-in will have no legal bearing on anything. It's a symptom, and will never come to the forefront of any legal issue regarding Apple's market leverage. The lock-in is irrelevant so long as Apple does not display an ability to control the overall smartphone market. What they do with the app market for their own devices is also irrelevant to any monopoly issue unless and until they display an ability to impose sanctions on the smartphone market as a whole.

      There is no serious lack of apps on other platforms. What exists is a lack of consumer scramble to buy every app under the sun on other platforms. There are also free versions of many non-iPhone apps, which depresses the economic potential of other platforms from a developer perspective. From a consumer perspective, however (which is all that matters for the health of a platform), things are just fine. Sales of non-iPhone smartphones repeatedly confirm that the Apple app market does not lead the overall smartphone market around by the nose. Until it does, a "developer monopoly" is meaningless to anyone but developers. If they want to develop for other platforms, they have to accept that they will not be able to market them in exactly the same manner as on the Apple app store.

      In the end, the smartphone market distribution probably says a lot about what people expect from their phones. iPhones users are willing to pay more, buy more, etc. Other platforms excel at other things, like security or IT integration and control. The app market is just one aspect of the smartphone ecosystem. It should not be taken as the only metric that is important, nor is it necessarily the top metric to consider. One person's needs are not necessarily the same as another's.

  122. I am so over /. by Anonymous Coward · · Score: 0

    It used to be rich in news for nerds, now it's only rich in news for Apple haters, toy bois and "How dare drop support for ?! 10 of us in the 6 and a half billion monkeys still use it for mission critical gaming. Can't even bother logging in to say goodby.

  123. apple ripps off .... by beecee42 · · Score: 1

    Rod. If you believe they have, then as long as you have deep pockets see a first rate patent lawyer. My wife Sarah Crewe (then a designer) and I attempted to sue Jigsaw and a raft of companies who 'knocked off' her original designs in the eighties and nineties but gave up due to funding even when we were right. Even in those days it was £1500 to see a silk! Itâ(TM)s not only the principle, itâ(TM)s your living! Fortunately the law has been improved, though too late for us. Good luck, If you need help. contact me. B Cowell

  124. Re:Wait, so are they ripping off Android or this g by lee1 · · Score: 1

    I'm talking about disgraceful, amateur-level code from Apple in programs as basic as their Finder. Your mention of "perfect or bug-free" is a straw man. You talk about students' inability to test sufficiently. Proper testing on Apple's part would have avoided these disasters. They are still shipping bad, insufficiently tested code, as if they either learned nothing from their past embarrassments or simply don't care. "you can be sure that their development has been far more rigorous than anything a student would do" - demonstrably false.

  125. Re:Wait, so are they ripping off Android or this g by Anonymous Coward · · Score: 0

    *Cough* Fanboi *Cough*

  126. Re:Wait, so are they ripping off Android or this g by terjeber · · Score: 1

    It's probably not amazing, but I would trust Microsoft today far more than I would trust Apple.