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Oct 17, 08 - 10:31 am Comment from: sperryj

I downloaded iPint because it was free... I would have just gone without a beer app if iBeer had been the only one...it's not cool enough to pay for...the best price for either app (iPint or iBeer) is FREE...

Oct 17, 08 - 10:34 am Comment from: Macintosher

Yet another excellent reason why I should buy an iPod Touch. Sounds fun. I support the smaller company from reading this.

Oct 17, 08 - 10:41 am Comment from: HMCIV

@MDN

What, you wanted Nick Fury to go on one last rampage before the weekend? We have a name for those kinds of "articles".

" I downloaded iPint because it was free... I would have just gone without a beer app if iBeer had been the only one...it's not cool enough to pay for...the best price for either app (iPint or iBeer) is FREE..."

So the independent developer should just give you the app free? Do you work for free? A huge corporation copies his work and gives it away for advertising purposes really does cut into this guys business and he deserves every penny he's asking for.

Oct 17, 08 - 11:00 am Comment from: MacBill

I drink beer! I'm suing both of them!!

Try unbunching your panties, HMCIV.

Who is to say Carling "copied" iBeer. That is the problem with current IP law... there are only so many unique ideas. How can one really tell when there is infringement.

In addition, maybe it was iBeer that screwed up, by not developing the application and then selling it to a beer company for promotional purposes! Sure people who want to get paid - should get paid. But, $3.99 (if I recall correctly) for iBeer is a joke - as is a lot of app store pricing.... value to price that is.

Read the article, they did ask to use the app and he said no, and then they made their own. I'd say that's copying.

but still the ibeer guy has a point.

or does he?

does he have a patent on virtual booze?

does he have a monopoly on the virtual booze market?

Personally, I would prefer Virtual Bartender to an iPint.

http://www.virtualbartender.beer.com/

I'd say that the iBeer guy is certainly the author of his own problems. Pricing the app at $.99 would have got him many more converts and a lot more money, especially when his version does not include a game.

That being said he might have a point unless someone can come up with previous "art" where a virtual drink can be poured in a similar way.

At the end of the day, these kinds of patents (if the iBeer guy does have a patent on "virtual drinking"), are an anathema to the market really. If he wins the case, then no one can ever make a virtual drink besides him, and that ain't right.

Here's an (admittedly gross) example:

An application called "iPee." You hold it between your legs and it fills up with a "beer-like" liquid via a stream entering from above. You can then pour it out, or ... (no I won't go there). You can set the "liquid" to different colours etc.

This would violate this guys patent if he is awarded one but it's a completely different application.

On a less gross note, what if the local milk marketing board wants to make an "iMilk" application to promote milk drinking? Or what about "iTea" for English folks? The concept of a virtual beverage should not be un-copyable just because this guy did it first.

Oct 17, 08 - 11:35 am Comment from: ChrissyOne

I won't pay a dime for fake beer.

That includes everything that Molson Coors makes.

They definitely copied his idea. They should have licensed it from him in the first place. But large companies (including Apple) have a way of stealing first, and then dealing with the consequences later.

Oct 17, 08 - 11:49 am Comment from: jimmymac

the iPint app is more realistic than the iBeer app.
and its free!
The iBeer people also make iMilk.
its ok but neither iBeer nor iMilk is worth more than free.

This is an iSuit® that can only be resolved by iLawyers® in iCourt®

Is it really copying when an idea is improved upon?

Oct 17, 08 - 12:39 pm Comment from: Big Al

Hey, ChrissyOne, Molson Ex is a damn good ale.

Oct 17, 08 - 01:02 pm Comment from: Cubert

I love the fact that the individual developer issued a cease and desist order to the big company!

HAH!

I downloaded iPint instead of iBeer but I would have bought iBeer if iPint didn't exist because the idea is so clever. Not only does the guy have the right to some compensation but he has an obligation to protect his intellectual property. iPint is not free. It comes with advertising that Carling would have been happy to pay millions for but instead took advantage of the small guy because they didn't think he would take them on. Go see the movie about the guy that invented the intermittent wiper. Totally true story and I remember the guy actually sued and won. I couldn't believe all of these auto companies, which I admired, basically shafted and raped him.

I'm still looking forward to the day Apple sues Microsoft for infringement. Being Mac fans I'm surprised more of you are not protective of intellectual property. How do you feel about Microsoft's blatant and continuous copying of everything Apple and then taking credit for it. It pisses me off and one day they will get what they deserve.

Oct 17, 08 - 02:45 pm Comment from: theloniousMac

Some people actually consider this, "Intellectual Property?"

@NYC Doc... long ago, when Windows 95 was just about to ship, Apple sued Microsoft. After a costly law suit, Apple lost.

I downloaded iPint because it was free. I would not have paid money for iBeer, even if it was 99 cents.

Someone said it nicely: does this guy own the virtual drink idea? Does Microsoft own the idea of a software word processor or spreadsheet? Pages/Numbers and OpenOffice would be in trouble then.

Oct 17, 08 - 04:04 pm Comment from: Krioni

IANAL (yet), but I've studied copyright law. Here's a very basic comment: He might have an argument if they duplicated his artwork. Then again, there is a question of whether his artwork was the only way to portray something (merger). There might also be a trademark issue here, but I haven't taken that class yet.

In short, he may or may not have something under copyright law. To those who mentioned patents - they aren't involved here at all.

Some of the worst comments I've ever seen here. I'll bet most of you don't work for a living yet and are still sponging off of your parents. Who cares what you did with app. This is about Steve Sheraton and capitalism. People, you really need to start thinking with the mass sitting above your shoulders please, the world is going to be depending on you in the very near future.

Regardless if anyone thinks the application is too simple or stupid, the fact of the matter is it sold. It makes money and feeds somebody's children and secures a financial future. What should have happened is Steve Sheraton shouldn't have kept it all to himself. He should have "licensed" his idea to MANY beer companies and they in turn would pay him royalties.

Epic fail on Steve Sheraton's part.