The success of the iPhone App Store has clearly brought many benefits to Apple, but it now raises an interesting legal question as the company finds itself sued over the content of an application created by a third party.
US photographer Louis Psihoyos is claiming Apple has facilitated i.TV using one of his photographs in its iPhone media application by virtue of the fact that it approved the free app for a place on its virtual shelves.
Previous case
The image of a curved wall of TV screens appears on a menu in the i.TV app and was also the subject of previous litigation by Psihoyos against Apple when it was apparently used without permission in an advertising campaign.
The suit was eventually withdrawn amid widespread assumption that an out-of-court settlement was reached.
Point to prove
However, the new action could be a test case that decides whether or not Apple is responsible for third-party application content because it specifically approves it for sale in the App Store.
If that proves to be the case, it could prompt a total revamp of the much-criticised Apple approval process.
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mbb
August 24th 2009
1. This is exactly why Apple's approval process is such a mess. Everyone went crazy over dictionary app rejection and censorship (which may or may not have been a case of crossed wires), but then this happens, pushing Apple further towards stricter rules. Damned if you do, damned if you don't.
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