Mark Levitt’s Comments

• Jun 25th, 2010 @ 9:26am

  Re: Re: Timing of filing

  on Apple Sued For Copyright Infringement Because Third Party App Has Someone Else's Bird Sounds
  The applications exist on Apple's servers (or servers under Apple's control) and, when you purchase the application, Apple's software makes a copy of the software and sends it to your computer.
  
  That's not someone else distributing the goods. A better analogy is Best Buy selling counterfeit DVDs. The supplier of the DVD is guilty of copyright infringement, but Best Buy would be liable as well.
• Jun 25th, 2010 @ 9:22am

  Re: hey guys, wrong target

  on Apple Sued For Copyright Infringement Because Third Party App Has Someone Else's Bird Sounds
  Um no. Apple, in regards to that iOS App Store, is a publisher and distributor. They aren't merely indexing the application. Apple sells the application (including the copyrighted work), collects money for it, and keeps a portion of the fee for the application. That's a completely different relationship to Google.
  
  "PLUS, the added idea that this guy didn't have any copyrights on his recording when the app devel asked him in 2007"
  
  The "guy" had a copyright on the recording the instant he made the recording. He may not have *registered* the copyright, but copyright is automatically applied to any fixed recording. He didn't decide to get a copyright. He may have decided to enforce it, but he already had it.