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Developer Accuses Apple Of Stealing His Breathe App (www.bgr.in)

Posted by msmash on from the fake-it-till-you-make-it dept.

On Monday at its Worldwide Developer's Conference, Apple announced a new app called Breathe as one of the new headline features for watchOS 3, the latest version of its operating system for Apple Watch. The health-centric app reminds users to take a moment and breathe. But was it company's own idea? App developer Ben Erez is accusing Apple of stealing features from his app. What's worse, he adds that the company even used the same name for its app. Erez tells BGR India in a statement: We've had the same concept, same spelling, same functionality in the App store for phone and watch for over a year. We built the app because the existing mindfulness apps were insufficient in that they all focus on intense sessions of 5-20 minutes, once per day. We wanted a mindfulness experience that was felt throughout the day in smaller bits.

37 of 170 comments (clear)

  1. Moral of the story... by __aaclcg7560 · · Score: 4, Informative

    Come up with an original app that Apple is less likely to steal and claim as its own.

    1. Re:Moral of the story... by Anonymous Coward · · Score: 5, Insightful

      No, the moral is to come up with an unoriginal app. If you make something new and unique and useful, that is what they'll steal.

    2. Re:Moral of the story... by Shakrai · · Score: 3, Funny

      Come up with an original app that Apple is less likely to steal and claim as its own.

      Obligatory.

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    3. Re:Moral of the story... by wardrich86 · · Score: 2

      Stealing his idea, and in turn, his userbase.

    4. Re:Moral of the story... by __aaclcg7560 · · Score: 2

      And potential ad revenue.

    5. Re:Moral of the story... by JediJorgie · · Score: 3, Informative

      For now. Remember that Apple has killed many apps for "duplicating built in functionality." It has happened many times.

    6. Re:Moral of the story... by fsagx · · Score: 5, Insightful

      The relevant section of the App Store Review Guidelines:

      https://developer.apple.com/app-store/review/guidelines/#copycats

      Also interesting:

      5.2.5 Apple Products: Don’t create an app that appears confusingly similar to an existing Apple product

      Now his app can be removed for the app store for being confusingly similar to the official app which came later!

    7. Re:Moral of the story... by mrclevesque · · Score: 2

      "Neither Picard nor Bill.G have a product featuring a touchscreen"

      Is that only because it was too expensive at the time to include in a consumer device

    8. Re:Moral of the story... by BronsCon · · Score: 4, Informative

      Those screens also reacted to finger input. The stylus was provided for increased writing accuracy and to prevent fingerprinting the fuck out of the screen. What was different about Apple's touch screen is that it was capacitive, like your laptop's touchpad, rather than resistive, enabling it to track multiple touch points at once (but preventing it from tracking non-conductive objects such as a pointy plastic stylus). An Apple's iPhone wasn't even the first to apply multi-touch to a display; that distinction goes to Mitsubishi.

      --
      APK quotes people (including myself) without context and should not be trusted. Just thought you should know.
    9. Re:Moral of the story... by BronsCon · · Score: 2

      Or, Apple, realizing that thee strength of their platform is in the apps provided by third-party developers, should do everything in their power to build goodwill with those developers and avoid screwing them over, as in this case. It doesn't take many instances of this before developers begin to view your platform as toxic.

      --
      APK quotes people (including myself) without context and should not be trusted. Just thought you should know.
    10. Re:Moral of the story... by wardrich86 · · Score: 2

      Tell that to the RIAA/MPAA

    11. Re:Moral of the story... by msauve · · Score: 3, Funny

      "I don't think Apple will steal any of my fart apps."

      The perfect antagonist to the Breathe app.

      --
      "National Security is the chief cause of national insecurity." - Celine's First Law
  2. F'ing useless app by flyingfsck · · Score: 4, Insightful

    Reminding people to breathe warrants an igNobel prize.

    --
    Excuse me, but please get off my Pennisetum Clandestinum, eh!
    1. Re: F'ing useless app by Anonymous Coward · · Score: 5, Funny

      I agree - the health benefits of breathing are indisputable!

    2. Re: F'ing useless app by MightyYar · · Score: 2

      Anywhere to read up on these benefits where they aren't selling something?

      --
      W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
    3. Re: F'ing useless app by Yvan256 · · Score: 4, Funny

      Yeah, right. I'm going to prove you all wrong. I'm going to stop breathing right now.

      Hum okay, I have to admit it's a bit uncomfortable.

      Actually, this is getting quite painful.

      I guess you guys were right aft

    4. Re:F'ing useless app by GameboyRMH · · Score: 4, Insightful

      When an AC on Slashdot reminds you to breathe, he's an annoying troll. But when an app on an overpriced gadget reminds you to breathe, it's big business.

      --
      "When information is power, privacy is freedom" - Jah-Wren Ryel
    5. Re: F'ing useless app by mbeckman · · Score: 4, Funny

      Both Apple and the whiner stole the idea from God, who created the original app to remind us to breathe. It's called Death..

  3. Greater concern... by tvadakia · · Score: 5, Insightful

    I'd be more worried that Apple used Deepak Chopra as a "credible" source.

    --
    Unique.
  4. Duh...app stores exist to develop ideas to steal by xxxJonBoyxxx · · Score: 4, Insightful

    Remember when Microsoft kept getting flak for developing applications that replaced the apps that third-party app developers built for their platform? (e.g., remember WordPerfect, Lotus 123 or Netscape Navigator?)

    This is just Apple following the model of all platform developers: let individual developers take the risk and initial revenues of developing a hot new app, and then build your own version of the most popular ones to collect all future revenues from that type of application.

  5. Read the fine print apple owns the rights to your by Joe_Dragon · · Score: 2, Interesting

    Read the fine print apple owns the rights to your code and ideas.

  6. Re:Read the fine print apple owns the rights to yo by SB5407 · · Score: 3, Interesting

    Can't tell if you're being sarcastic or not, but if not, mind citing the relevant parts?

  7. Compute damages... by DriveDog · · Score: 3, Interesting

    like RIAA/MPAA do.

    1. Re:Compute damages... by green1 · · Score: 2

      And then have better lawyers and more money to throw at the court system than Apple does... oh wait... you don't have that?

  8. Breathe by rossdee · · Score: 2

    Breathe in the air
    don't be afraid to care

  9. Remember by M0j0_j0j0 · · Score: 2

    Mindfullness, remember this, it will be your next most hated keyword for the 2016/17 season.

  10. Think by Pascoea · · Score: 5, Funny

    I have an idea. It's a new app called "think". Every hour it reminds you to stop and think. That way when you are writing a piece of shit app, your watch will alert you to stop and think "do I really need an app to remind me to breathe?"

    We can have ones called "shit", "drink", "eat", and "fuck", that way you don't forget about any of the other basic human needs.

    1. Re:Think by Yvan256 · · Score: 3, Funny

      I have an even better idea. It's called "Watch". Every hour it reminds you to stop and watch your wrist, stare at your watch. That way you can remember how much money you wasted on a watch.

  11. Re:Duh...app stores exist to develop ideas to stea by Anonymous Coward · · Score: 3, Insightful

    Remember when Microsoft kept getting flak for developing applications that replaced the apps that third-party app developers built for their platform? (e.g., remember WordPerfect, Lotus 123 or Netscape Navigator?)

    This is just Apple following the model of all platform developers

    Except it's not. Microsoft only competed with Third Party developers... you still had to purchase the software and install it. Apple made this guy's app a part of their OS and even named it the exact same thing, basically guaranteeing that no one will ever buy the guy's app. Imagine if Microsoft had bundled Office directly with all versions of the OS and named each one "WordPerfect", "Lotus 123", and "Navigator"... The only one that comes close is IE being integrated into the OS and that caused MS a lot of grief.

    Apple is now 10x more evil than Microsoft ever was.

  12. Problem with this suggestion by Zontar_Thing_From_Ve · · Score: 3, Informative

    This is just Apple following the model of all platform developers: let individual developers take the risk and initial revenues of developing a hot new app, and then build your own version of the most popular ones to collect all future revenues from that type of application.

    Developer dude's app doesn't run on Apple Watch OS. It only runs on iPhones and IPads. Also, his app is free. Apparently there is some kind of special version of it you can pay $1.99 extra a month for. So yes, I'm sure that Apple saw the tons of revenue that this free app was getting from all 20 crazy people who actually think it is useful and decided that they just had to have some of that sweet cash for themselves.

  13. Re:Duh...app stores exist to develop ideas to stea by drinkypoo · · Score: 2

    Remember when Microsoft kept getting flak for developing applications that replaced the apps that third-party app developers built for their platform? (e.g., remember WordPerfect, Lotus 123 or Netscape Navigator?)

    Wordperfect is still with us, 1-2-3 persisted until 2014, and Netscape was horribly uneven for a time, it wasn't all bundling.

    --
    "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
  14. Re:Duh...app stores exist to develop ideas to stea by xxxJonBoyxxx · · Score: 2

    Microsoft still does that too. For example:

    15 System Tools You Don’t Have To Install on Windows Anymore
    http://www.howtogeek.com/165522/15-system-tools-you-dont-have-to-install-on-windows-anymore/
    The Windows 8 (now 10) list includes AntiVirus, Firewall, Disc Burning, PDF Viewer, etc.

  15. Re:Duh...app stores exist to develop ideas to stea by Roger+W+Moore · · Score: 4, Insightful

    If Apple's version of "Breathe" is built-in, how does it brings revenues? You really think people will buy a USD$550 watch to remind them to breathe?

    Just remember that this app also runs on the $22,000 gold iWatch and if you are stupid enough to spend that much on a watch with a one day battery which will be obsolete in a year then you may need a reminder to breathe otherwise you might forget and then Apple will have lost a customer who spends $22k/year.

  16. No morals to be found there by fyngyrz · · Score: 4, Insightful

    I guess it's time to remind the technical community of Apple's behavior with regard to Konfabulator / Yahoo Widgets again.

    Have a great idea, beware Apple.

    Of course, then they'll screw it up royally, just as they have with Aperture, Logic Pro, Final Cut, Dashboard, and most notably, Finder itself.

    Not that such helps anyone's trampled business model any.

    Apple's tech approach: "embrace and fuck up"

    --
    I've fallen off your lawn, and I can't get up.
    1. Re:No morals to be found there by rgbatduke · · Score: 4, Insightful

      Apple's tech approach: "embrace and fuck up"

      Ahhh, it reminds me of the good old days of piracy on the open seas, when Microsoft ate Borland and Lotus and Wordstar and...

      It's simple economics. Apple, like Microsoft, has a huge stable of code monkeys that they have to feed and water occasionally with Jolt cola and potato chips. In order to have enough spare capacity to be able to fix a critical bug in a timely way, maybe, they have to have maybe 50% overcapacity the rest of the time (and besides, hiring the best keeps them out of M$'s unholy hands even if they do nothing but social media all day). So they look for little projects for them to do.

      There, they follow the tried and true M$ path. It is bone simple to wait for somebody else to take all the risk of inventing and developing a new concept or product, and then just use your spare cycles to clone it and make it your own. Since there are a zillion ways to write code, and since it is very difficult to get a software patent these days (and pretty easy to work around it or double dare them to sue you with their finite and your infinite pockets even if there is one) it is zero risk, and since you literally own the operating system and hardware and direct marketing channels, you simply cannot fail to take over anywhere from 1/3 to all of the market. M$ did it over and over again, sometimes leaving the risk taker alive but squeezed down to a tiny market (why kill the goose that lays golden eggs, after all) and sometimes just having goose for dinner. They would even do things like break the code of competitors (but not their own) when releasing OS updates. Who could compete with that, given all of the sales staff to remind customers of how "unreliable" a product has become but not to worry, ours is rock solid...

      But this is evolution in action. Anyone dumb enough to develop for Apple or M$ who ends up being eaten alive after taking all of the risk is just being selected against for stupidity. The best you can hope for is that their developers are busy fixing bugs in their OS and that the parent company decides that it is faster to buy you out than it is to clone you and put you out of business.

      rgb

      --
      Even when the experts all agree, they may well be mistaken. --- Bertrand Russell.
    2. Re:No morals to be found there by Actually,+I+do+RTFA · · Score: 4, Interesting

      What's strange is that Apple could turn things into a real positive. "We think this app's idea is so great we're adding it's core functionality into our OS." And add that they've either gave its creator $1,000,000 to buy the app, or gave the creator $500,000 as a thank you for spotlighting a need in our community.

      I mean, it's chump change for the relatively few things they do it to, the PR is great, it means people would be competing to get noticed by Apple, and they could get that same company to try for a second hit by making them feel good and promoting their next apps aggressively.

      Instead, they poison that well

      --
      Your ad here. Ask me how!
    3. Re:No morals to be found there by rgbatduke · · Score: 2

      I agree. Apple is just weird, sort of a kinder gentler flakier version of M$. They run Unix as their OS, sort of, rely on the open source community for a pretty good chunk of their back-end Unixoid software at least, do HAVE a decent amount of OSS available, but at the same time they emulate the empire of evil at inopportune times.

      I keep wondering if one day they are going to learn the Sun Microsystems lesson the hard way. You can be a hardware company, or a software company, but if you try to be both you are just asking for it. Apple has survived balanced on that line, but only because they stopped being a "computer company" for the most part and focused on the children of the humble PDA rearranged into PAD or POD. There (including their phone) they've been able to continue to make consumers buy Apple Koolade -- for now. But they (like Sun) are a high margin sales company. They survive only as long as they remain a premier brand that people will pay a premium for, because you PAY a premium compared to Android devices built much more along OS lines. M$ has failed repeatedly to get any suckers to buy their even more overpriced hardware with integrated software.

      We could be moving solidly into the next phase of the small digital device, where one cannot really add more functionality than they already have, where they are already fast enough to do almost anything most people want them to do, where the only dimensions for added value are things like longer battery life or better screens. In the PC world that was signalled by a crash in prices to where survivors survive on the thinnest of margins and where once mighty "name brands" can only eke out a continued, marginally profitable existence but can no longer pay for a dedicated premier sales force and so on. Such a market change could crush Apple (as it crushed Sun, DEC, and countless others during the great Unix shakeout a decade or two ago) and maybe even M$ as well. But M$ still has what remains of the "real computer" world by the balls with its sales agreements, and even though it isn't high margin sales any more, it is nearly free money that they can continue to extort from system vendors indefinitely, and they obviously plan to transform their OS into a rental commodity that you have to renew annually instead of something you buy once to monetize it even after it leaves the store.

      A brave new world, where we pay the M$ tax not once, but every year, with Apple not far behind (I'm sure). But what do I care? I've used nothing but Linux for decades at this point -- even my WinXP VMs haven't been booted for over a year. With Steam, even the game issue is largely moot, although coverage is far from perfect or universal. Don't have much time for games these days anyway, sigh.

      rgb

      --
      Even when the experts all agree, they may well be mistaken. --- Bertrand Russell.