| Summary: | 碩士 === 逢甲大學 === 財經法律研究所 === 103 === The development of the internet and its associated technologies has brought advancements in the areas of communication, primarily through the internet’s ability to rapidly acquire and distribute information contributing to benefits in everyday life. Apple Inc is the owner of Apple’s “The App Store”. Its revenue model is setup with a 3:7 ratio (30% of revenue goes to Apple, 70% goes to the developer). This revenue model is aimed to improve the creativity of the App Store developers as well as entice developers to develop on the iOS platform to reap the huge potential benefits of such a wide distribution network. However, with the rapid growth of the App Store, a large number copyright and intellectual property (IP) infringement issues began to surface on App store. In particular, applications allow users to download to acquire digital content illegally.
The App Store App’s have appeared to change the original intended business model, generating a whole new host of legal issues. The protection of copyright and IP that is currently enforced upon computer software do not necessarily apply to the App Store’s Apps. When developers take advantage of the App Store’s services for distribution of Apps that infringe on copyright and IP, should Apple Inc share the liability of developer’s copyright and IP infringement? These issues along with the factors of time and magnitude of copyright and IP infringement create an environment in which copyright laws are unable properly protect IP. This article will discuss the position and protection of the App Store’s Apps to the existing IP system, as well as whether or not the occurrence of Apps will cause current digital copyright and IP infringement standards to change.
The App Store currently has widespread problems regarding copyright and IP infringement. However, due to 17 U.S.C.§§512 (“Safe Harbor” provision, also known as “DMCA 512”) Apple Inc is protected from copyright and IP infringement actions.
Apps are involved in wide range of copyright and IP infringement actions with also high economic interests. This article demonstrates that Apps not only bring many tangible benefits, but also allows intellectual works spread with ease and convenience than ever before. An important issue that will stem into the future is how to effectively protect the interests of copyright and IP holders, but to also allow for appropriate legal standards to promote the development of this new and rapidly emerging industry.
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