Apple in legal battle over soundbites
A 16-year-old student has succeeded where some of the world's biggest media companies have struggled - by attracting buyers in the competitive market for software to run on Apple iPhones.
But by creating a top-selling application, based on a comedy version of celebrity criminal Mark "Chopper" Read, he has unwittingly triggered a landmark legal fight. And he is in trouble with his dad.
The iPhone "app" was called "Chopper Soundboard", and was described on the Apple iTunes website as containing audio files from the sketch comedy created by Heath Franklin for The Ronnie Johns Half Hour.
Advertisement: Story continues below The show was produced by Jigsaw Entertainment and aired on Channel 10 in 2005 and 2006.
Jigsaw claims the Melbourne student, who has asked his identity be kept secret, made the app using up to 116 soundbites, with many taken from the sketch titled "Harden the F*** Up".
That sketch poked fun at modern habits of "soft" city-dwellers, such as those who prefer soy-milk in their coffee, and was popular with teenage boys.
The app was the highest selling "entertainment" app in the country in June, and the 5th highest selling overall.
It sold at least 10,000 copies at $1.19 each in the three weeks before it was pulled from sale due to the copyright dispute.
Jigsaw claims the student did not seek permission before using the sounds in the app.
On October 12 the TV producers launched a lawsuit against Apple for selling the app, claiming they breached their copyright.
Apple is due to file its defence to the claims in the Federal Magistrates Court in Sydney on November 23.
The computer giant initially told the producers that they should sue the boy, but Jigsaw have agreed not to pursue him.
The schoolboy's father has written an apologetic letter to Jigsaw saying he was horrified to find out what his son had done.
The TV show producers say the 16-year-old's idea was very good, and they would consider hiring him.
iPhone apps are a burgeoning area of the online market and have become a lucrative way to boost earnings from hit shows.
Apple spokeswoman Fiona Martin did not return calls. The case returns to court on December 2.
Article Link: www.smh.com.au
Tags: Law News, Legal News, Lawyer News , Law Firm News , Lawyers , Law Firm , Legal , Solicitor.