I'm not sure the mere occurrence of the same phrase would invalidate someone's attempt to trademark it. I trademarked a two word phrase that has occurred before on the web, but it had no special meaning in the industry.
In other words, no company or process or device came to mind when people in the industry heard the phrase. Nobody had made an investment in it.
As part of the proof that the phrase wasn't special, I actually provided search urls for the phrase and explained how the usage in the top results was generic.
Is that a reference to a store, as in a place that sells things, or a store as in storage? I am not familiar with the topic discussed on the page, but to me, the term "app store" is referring to app caching/storage mechanism.
> Apple says, "...nothing like the App Store has ever been attempted before."
What Apple actually says is """As a columnist for The New York Times remarked soon after the launch of the
service, "[nlothing like the App Store has ever been attempted before.""""
Yes, Apple is trying to push that idea, but it is not them that said it (in that instance). Apple even notes that similar mobile phone download marketplaces existed before their version of one (though they do not mention the Wii store or Xbox live marketplace which also predate it).
Yes, I noticed Apple carefully quoted someone else as saying they invented an app store. There is also the context of mobile here, where there is less prior art (because of the mobile telcoms hold on such things). If Apple attempted to be super broad here, then I might turn and sue them for 30% of all app store (and Mac store!) purchases, since I built and pitched Apple the concept in the mid and late 1990s. Even met Gil Amelio. Right before the purchase of NeXT. Lawyers can always add my name to any discovery requests from Apple. :)
While not the same thing, show me one person who's touched Linux that didn't immediately scream "Repositories!" when they first heard about the iOS App Store...
It's a Storefront for Applications. There's only so many variations of the name you can come up with before they start stepping on each others' toes.
The App Store bears far more resemblance to Steam than to Linux distro repositories, which are primarily about resolving dependencies and being able to upgrade things without breaking dependencies. iOS and OS X Apps don't even have external dependencies other than OS-provided libraries, and most Linux package management systems don't have a standard GUI, let alone one at all like iTunes or the Mac App Store.
I think you're being overly harsh. He quotes Apple's legal papers in which they clearly state that the concept of an app store is unprecedented and then he exposes that as inaccurate. You might think of him as a "minor freetard business celebrity" but he took the brilliance of Linux software repositories, made them easier to use and more accessible, and integrated in the ability to pay for software long before Apple did the exact same thing. That makes him extremely qualified to offer some insight on the topic regardless of how big of a celebrity he is. It also explains why he focuses on countering Apple's claim that they invented the concept despite it being less relevant to the trademark dispute.
He was also involved with the Microsoft v. Lindows case in which Microsoft claimed to own the trademark on all words that rhyme with Windows. Remember that one? Where Microsoft couldn't win so they ended up paying $20 million to Lindows for them to change their name to Linspire? He's had direct experience with a frivolous trademark suit from a major software company in the past. Again, that makes him highly qualified to share an opinion on the current situation, which he does. He directly addressed the fact that that app store had been in common usage before Apple started using it. It would've been nice if he could have given more concrete examples but he did still address it.
In conclusion, calling him a freetard is childish and contributes nothing to the discussion of the article. Saying that he fails to distinguish trademarks from patents is flat out wrong and gives people skimming the comments a totally inaccurate impression of the article and its relevance.
He's anything but a "freetard", he built cnr in order to be able to easily ship proprietary and drm apps. Far from a freetard (whatever that means).
Also I'm saddened to see people here upvoting a comment using a derogatory term (freetard) against a part of our community (free and open source software enthusiasts in that case), it's against the HN guidelines.
So, is it "app" or "store" that Apple objects to? Or is it simply the combination of those terms and, in all actuality, Amazon could simply call it the "Android App Mart/Market/Superstore/Supermarket" and Apple would just go away?
Broadness in itself is not a reason to deny a trademark. "Christmas Tree Shops" is hardly distinctive. "McDonalds" is a last name. These trademarks are recognized because brands were successfully and identifiably built around them. I think the same can be said about the app store - ask any "normal" who he thinks of when he hears the phrase "App Store." Hint: it's not Google or Amazon.
Yes you could. There may have been a centralized "store" at some point, but I don't remember it. Palm OS let you install arbitrary executables, so you didn't need one.
[+] [-] Anechoic|15 years ago|reply
Is there an example of the usage of the term "App Store" before Apple popularized it? The date search via Google hasn't turned up anything.
edit: I did find this blog post from 2006: http://nerddawg.blogspot.com/2006/08/debugging-windows-prese...
[+] [-] stretchwithme|15 years ago|reply
In other words, no company or process or device came to mind when people in the industry heard the phrase. Nobody had made an investment in it.
As part of the proof that the phrase wasn't special, I actually provided search urls for the phrase and explained how the usage in the top results was generic.
[+] [-] ryanhuff|15 years ago|reply
[+] [-] freerobby|15 years ago|reply
[+] [-] mukyu|15 years ago|reply
What Apple actually says is """As a columnist for The New York Times remarked soon after the launch of the service, "[nlothing like the App Store has ever been attempted before.""""
Yes, Apple is trying to push that idea, but it is not them that said it (in that instance). Apple even notes that similar mobile phone download marketplaces existed before their version of one (though they do not mention the Wii store or Xbox live marketplace which also predate it).
[+] [-] sroussey|15 years ago|reply
[+] [-] coob|15 years ago|reply
* WIMP GUI * All-in-one PCs * Laser Printers * USB * Hard drive audio players * Online media/software marketplaces
List of things Apple made wildly popular with the general populace:
* WIMP GUI * All-in-one PCs * Laser Printers * USB * Hard drive audio players * Online media/software marketplaces
[+] [-] Pewpewarrows|15 years ago|reply
It's a Storefront for Applications. There's only so many variations of the name you can come up with before they start stepping on each others' toes.
[+] [-] wtallis|15 years ago|reply
[+] [-] cmsj|15 years ago|reply
[+] [-] foob|15 years ago|reply
He was also involved with the Microsoft v. Lindows case in which Microsoft claimed to own the trademark on all words that rhyme with Windows. Remember that one? Where Microsoft couldn't win so they ended up paying $20 million to Lindows for them to change their name to Linspire? He's had direct experience with a frivolous trademark suit from a major software company in the past. Again, that makes him highly qualified to share an opinion on the current situation, which he does. He directly addressed the fact that that app store had been in common usage before Apple started using it. It would've been nice if he could have given more concrete examples but he did still address it.
In conclusion, calling him a freetard is childish and contributes nothing to the discussion of the article. Saying that he fails to distinguish trademarks from patents is flat out wrong and gives people skimming the comments a totally inaccurate impression of the article and its relevance.
[+] [-] patrickaljord|15 years ago|reply
Also I'm saddened to see people here upvoting a comment using a derogatory term (freetard) against a part of our community (free and open source software enthusiasts in that case), it's against the HN guidelines.
[+] [-] defroost|15 years ago|reply
[+] [-] dpcan|15 years ago|reply
http://www.michaelrobertson.com/archive.php?minute_id=340#co...
If the link doesn't work, it's down a ways in the comments.
[+] [-] muhfuhkuh|15 years ago|reply
[+] [-] allwein|15 years ago|reply
[+] [-] freerobby|15 years ago|reply
[+] [-] pedalpete|15 years ago|reply
Am I completely mistaken?? Couldn't you download apps for the old Palms?
[+] [-] Lazlo_Nibble|15 years ago|reply