HHR New Media, Entertainment and Technology Group

A recently filed complaint is sending shock waves through the application developer community.  On May 31, 2011 Lodsys, LLC filed a complaint against seven application developers for iOS, Apple’s mobile operating system.  Lodsys seeks an injunction and treble damages for willful infringement of two of its patents (U.S. Patent Nos. 7,620,565 and 7,222,078) that are directed to systems and methods for providers of products and/or services to interact with users of those products and services to gather information from those users and transmit that information to the provider.  The wrinkle here is that Apple itself already has licensed the patents in dispute, and it contends that its license agreement with Lodsys extends to third party application developers.  Continue Reading »

Apple recently revised its App Store Review Guidelines to remove some of the most controversial rules governing subscription apps and in-app purchases.  The changes come just weeks before the June 30th deadline by which developers had to bring their existing apps into compliance with the in-app purchasing rules announced in February.  Continue Reading »

On April 7, the Digital HHR team will be presenting “App-endectomy: Removing the Mystery from the App Ecosystem“, the next in its on-going series of live, CLE-accredited webinars.

The explosive popularity of tablets, smartphones and other Internet-connected consumer devices has ushered in a new technology ecosystem driven by Apps. These self-contained software programs have not only provided the stakeholders involved with a compelling way to exploit everything from movies and games to magazines and newspapers, but have created a thriving new marketplace poised for ongoing, accelerated growth. While the stakeholders are many, the myriad of complex business and legal issues facing them are no less staggering in number. For publishers, content creators, App developers, content distributors, aggregators, storefront operators and service providers, the successful navigation of a rapidly evolving landscape of shifting terms and conditions, privacy regulations, content restrictions and corresponding business considerations across multiple devices and platforms has proven a daunting but essential exercise for leveraging the economic opportunities available.

In this CLE-accredited webinar, the DigitalHHR team will explore the critical business and legal challenges associated with the development, publication, distribution, sale and use of Apps. We will discuss the contours of in-App purchases, subscription-based offerings, and “freemium” models, as well as in-App advertising and App-based ad networks. We will analyze the evolving privacy terms and conditions associated with the use of Apps, and the corresponding laws, regulations and case law impacting end user data collection, disclosure and ownership. We will also address the terms and requirements promulgated by the various platform operators, including Apple, RIM (Blackberry) and Google (Android), and how they impact stakeholders’ participation across the different App environments.

The webinar will be held on Thursday, April 7, 2011 from 12:30 p.m. to 1:30 p.m. EDT.

To register, please click here.

Since its launch this past Spring, Apple’s new iAd interface has promised to change the landscape of mobile advertising and how consumers and advertisers interact.  But the multiple, interlocking terms of use, developer agreements and privacy policies that govern various aspects of the iAd system also raise some interesting issues surrounding the collection and sharing of information regarding users viewing ads served through the iAd platform.  And these issues are not limited to Apple’s iAd environment and should be of interest and concern to all stakeholders in the mobile space. Continue Reading »

Over the last year, social networking sites, most notably those with a developer platform such as Facebook, have become hotbeds for virtual goods purchases, social gaming, sweepstakes and advertising-based promotions.  Many of these are based on custom-designed and developed third party applications and widgets, which are veritable revenue drivers for the platform operators.  Several months ago Apple modified the terms for its iPhone application development agreement (via an amendment to the iPhone SDK terms)  to specifically permit app-based contests and sweepstakes.  Specifically, Apple added the following language: “Your Application may include promotional sweepstakes or contest functionality provided that You are the sole sponsor of the promotion and that You and Your Application comply with any applicable laws.” However, questions have arisen regarding the legality of running these games and promotions via such applications and platforms.  At their core, these questions focus on the legal distinctions between lotteries, contests and sweepstakes, distinctions that could mean the difference between a highly successful promotion and a high-profile legal headache. Continue Reading »