Apple Inc. v. Amazon.Com, Inc.

Filing 40

EXHIBITS re 39 Declaration in Support, Continuation of Exhibits filed byAmazon Digital Services, Inc., Amazon.Com, Inc.. (Attachments: # 1 Exhibit 13a, # 2 Exhibit 13b, # 3 Exhibit 13c, # 4 Exhibit 13d, # 5 Exhibit 13e, # 6 Exhibit 14, # 7 Exhibit 15, # 8 Exhibit 16, # 9 Exhibit 17)(Related document(s) 39 ) (Givan, Sarah) (Filed on 6/1/2011)

Verizon's Android App Store: Everything There Is To Know - PCWorld

Page 2 of 6

Verizon's Android App Store: The App Selection
Verizon's Android app store will have a few hundred apps to start, I'm told, with heavy growth expected
over the months to come. The apps you'll find in Verizon's store may also be available in Google's
Android Market; there's nothing preventing developers from offering their programs in both places. It's
really up to each individual developer as to what he or she does.
Developers will receive the same 70/30 revenue split from Verizon's V Cast Apps store as they do from
Google's Android Market. Verizon does suggest, however, that its store will offer opportunities for
"promotion and discoverability" that Google's Market may not provide.

Verizon's Android App Store: The Purchasing Process
A key way in which Verizon's V Cast Apps store will differ from Google's Android Market is in the
purchasing process: While the Android Market currently requires you to use Google Checkout for app
purchases, Verizon's app store will allow you to have purchases added directly onto your Verizon
statement.
With that said, Google appears to preparing to add new payment options into the Android Market, so the
comparison may change soon.
Verizon's V Cast Apps store will lack one important purchasing feature that Google's Market provides: In
the main Android Market, you can always return an app within 24 hours and receive a full refund of the
cost. As of now, Verizon's V Cast Apps store will not offer this option.

Verizon's Android App Store: Beyond the Incredible
Wondering if your Android phone is in line to get access to Verizon's new store? Verizon hasn't compiled
any firm list as to which devices will receive it or when, but it sounds like it'll eventually be a fairly
standard feature for the carrier's handsets. As of now, Lewis tells me the Droid, Droid X, and Fascinate
are all expected to receive store-enabling software updates in the foreseeable future. The Galaxy Tab,
meanwhile, will come with the V Cast Apps store preinstalled when it goes on sale later this month.

Verizon's Android App Store: Thoughts and Analysis
All right, those are the facts -- so what's the real deal here? Is this a good thing or a bad thing?
Ultimately, it all depends on your perspective. Some people, such as the CEO behind a certain
competing smartphone platform, have characterized multiple app stores on Android as being a massive
disadvantage.
"In addition to Google's own app marketplace, Amazon, Verizon, and Vodafone have all announced that
they are creating their own app stores for Android -- so there will be at least four ajautoms on Android,
which customers must search among to find the app they want," Apple's Steve Jobs noted during his
company's earnings call in October.
"This is gonna be a mess for both users and developers," he went on to proclaim.
Will it really be a mess, though? As I wrote in a rather impassioned letter to Mr. Jobs last month, "Most
markets -- virtual or otherwise -- do allow people to buy products from multiple providers. Choice doesn't

Page 114

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Verizon's Android App Store: Everything There Is To Know - PCWorld

Page 3 of 6

lead to chaos." Put into another context, I can buy accessories for my car from the dealer, or I can opt to
go to any number of third-party retailers instead. Having options isn't necessarily detrimental.
One final point worth mentioning: Even now, Google's Android Market isn't the exclusive source for
Android apps. You can already download and install apps from independent online stores or developers.
Android has never been locked down to a single market for applications; what's new with Verizon's effort
is really just that it'll come built into devices with the carrier's endorsement.
As for what kind of value it will or won't provide, we'll soon find out.
JR Raphael is a PCWorld contributing editor and the author of the Android Power blog. You can find him
on both Facebook and Twitter.

See more like this:verizon,android,google,app store,wireless technology,handhelds
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QUAD1CON says:
Fri Nov 05 07:56:26 PDT 2010
How is multiple store cnfusing Steve Jobs? Lets look at examples. How many stores are their that
sell clothing, food, computers, household items, car dealers and so much more?

Page 115

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Verizon Upgrade to Add Second App Store to Android I News & Opinion I PCMag.com Page 6 of 10

November 4, 2010 02:23pm EST

3 Comments

Verizon Upgrade to Add Second App Store to
Android
By Mark Hachman

0

0

Share

Verizon said Thursday that a software update to the Droid Incredible available next week will add the V

CAST Apps store to the phone, essentially adding a second, competing app store to the existing Android
Market.
Developers will have the option to sell their apps either via the Android Market or the Verizon app store,
with one key difference: billing.
While Google's app store allows refunds for a period of up to 24 hours after purchase, Verizon will only
process refunds on a case-by-case basis, according to a Verizon representative. But Verizon will also bill
the app's purchase price to the existing wireless bill, instead of forcing users to use Google Checkout.
The update (characterized as version 3.26.605.1/Baseband version: 2.15.00.07.28) also includes a
number of enhancements, including an updated Flash player; improvements to the visual voicemail
application, with removal of incorrect service messages; enhanced support for Yahoo IMAP email; an
updated Slacker application; the ability to attach files that are larger than 5 MB; updates COX and
Comcast POP3 mail; and various fixes, including rotating Google Maps between landscape and portrait
view, and presenting the search key and other buttons in the correct order.
Verizon originally launched V CAST Apps on the RIM platform in July of 2009, and the company always
planned to launch on the BlackBerry and then move to other platforms, a Verizon spokeswoman said.
AT&T also offers a similar store for RIM devices, called the AT&T AppCenter. It does not, however,
compete with the Apple App Store.
"We think of it as sort of complementary to the other marketplace out there," the Verizon spokeswoman
said. "It gives consumers an opportunity for discovery and to choose."
But whether or not Google views the Verizon app store as complementary or competitive is not known.
Google representatives did not respond to two requests for comment.
Apple, by contrast, offers a single app store, and Apple chief executive Steve Jobs has characterized the
Google platform as "very fragmented," although he was referring to the variety in operating systems.
Many Android OEMs, including the two largest, HTC and Motorola, install proprietary user interfaces to
differentiate themselves from the commodity Android experience," Jobs said, during a October conference
call. "The user's left to figure it all out. Compare this with iPhone, where every handset works the same."
"The multiple hardware/software iterations presents developers with a daunting challenge," Jobs added.
"Many Android apps work only on selected Android handsets, running selected Android versions. And this
is for handsets that have been shipped less than 12 months ago. Compare this with iPhone, where there
are two versions of the software, the current and the most recent predecessor, to test against."
While Google features specific apps in its App Store according to unknown criteria, Verizon said the
advantage for developers to choose V CAST Apps will be because Verizon "has the opportunity to do
Page 116

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3/27/2011

Verizon Upgrade to Add Second App Store to AndroidlNews & Opinion1PCMag.com Page 7 of 10

marketing and merchandising". Verizon's Android phones also contain a dedicated Verizon channel inside
the Android market, and "that will continue," the Verizon spokeswoman said. With V CAST, Verizon will
also offer the same 70/30 revenue split that Google offers, she added.

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MyNamelsMike

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4 months ago

umm jeeze you would think the folks at PcMag know how to remove spam from their comments... So if you don't know
the three lines it takes to block crap like that then idk how good your tech relevance could possibly be.
Just saying....
alert("LOL")

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moewlol

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4 months ago

People at Apple have no control over other markets.... and they actually exist outside of Apple's control. Facts are
fundamental here.
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3/27/2011

Verizon Upgrade to Add Second App Store to Android I News & Opinion I PCMag.com Page 9 of 10

android.mart

4 months ago

Verizon is one of the wireless operators that want a piece of the action. Device make like Motorola has its own store
too.Everyone wants to open an store. Then there are those stores from independent owners. Here is a complete list of
alternative android app stores, http://bit.ly/aelGLl Fragmentation indeed!
41110110.1004.....1M01.

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3/27/2011

HTC said to be working on its own app store, would make a lot of Sense -- Engadget

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HTC said to be working on its own
spstore would make a lot of Sense
By Vlad Savoy El posted Nov 8th

2010 7:28AM

Keen readers of the Financial Times will have been greeted this morning by a nice little bit of insider
information regarding HTCs future software plans. We already knew the phone maker was keen to play a
more active role in the softer parts of the smartphone experience it offers, but two new sources have
Page 120

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HTC said to be working on its own app store, would make a lot of Sense -- Engadget

Page 2 of 13

come forward with word that HTC is actively hiring new staff in preparation for setting up its very own
ann stnyp Thp 14TC,Spiisp enm cloud service that recently launched with the Desire HD and Desire Z
ooks like the first step toward that goal, with its HTC Hub area already acting
t -- it wouldn't be terribly difficult to include an extra section in it for HTC's
'hat's not to say that this would be an Android exclusive thing, however, as
on of ten apps on Microsoft's Windows Phone 7 platform and it would seem
n organized repository where it could sort through all its wares.
384

•

184

android, app store, apps, AppStore,ft, htc, htc hub, htc sense, HtcHub, HtcSense, htcsense.com , hub, leak,
mobile software, MobileSoftware, plans, rumor, rumors, software, speculation, taiwan, windows phone 7,
WindowsPhone7, wp7

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RIM preparing to bring BBM to iOS and Android, change everything again? 23 days ago
Google spikes 21 malicious apps with big download counts from the Market 24 days ago
Amazon Appstore for Android launching this month? 25 days ago
Amazon Android Appstore is live, offering free Angry Birds Rio 4 days ago
Amazon Launches Appstore for Android, Apple Files Lawsuit 5 days ago
Apple sues Amazon over 'App Store' 5 doys ago

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Gangster4o2lo 4 months ago in reply to engaga
Android = Fragmentation King...

REPORT

+ 23

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+ 120

Thousands of Handsets, Millions of Versions and Billions of Stores.... That's Android
@Vic Mackey: Having choices sounds good to me too. But the problem here is I have to

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Gellar App Store Sees 100 Million Downloads Of A Single App - HotHardware

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GetJar App Store Sees 100 Million Downloads
Of A Single App
Tuesday, November 23, 2010 - by Ray Willington
Finally, some interesting news on an App Store other than those ran by Google and Apple! GetJar has
surged in popularity lately as a stand7577777tore, largely due to it being the... app store that first
hosted the final, full version of Angry Bird771577ffroid. So many people flocked to GëtJar on launch
Page 122

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GetJar App Store Sees 100 Million Downloads Of A Single App - HotHardware

Page 2 of 7

day that their servers actually went under momentarily, and now the company is celebrating 100
million downloads of a single app.
facebook mobile
Social Networks Applications
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But much to our surprise, that app isn't Angry Birds. We're certain that Angry Birds is well on its way
to being downloaded 100 million times, but as of now, that mark belongs to Facebook. Yeah,
Facebook! What's most interesting about this news is that Facebook is an app that's available in
Android Market and loads of other apja,Atazga. So why would people look to external app stores to
download an app that's already widely available?
The App It! approach to marketing applications has seemingly worked out quite well, and we're very
encouraged that people are thinking outside of the box and looking in other places to get their apps.
It's often easier for developers to publish their apps into these separate app markets, so hopefully this
kind of success will continue.

With over 3

riiill ioi 1

downloads a day,
publishing on GetJar makes sense.
GetJar is First to Smash the 100 Million Downloads Mark for a Single App
Facebook downloaded 100 million times using GetJar's App It! download service
SAN MATEO, Calif.--(BUSINESS WIRE)--GetJar, (www.geyarcorn), the world's largest
store, today announced that the Facebook mobile app has been downloaded by
open
more t an 100 million people, making Faceb000k the most downloaded app ever on a
single app store. Using GetJar's App It! link, people are able to download the app which
gives t em a ast and easy shortcut to access Facebook's mobile website with a single
click from their phone. Top brands such as Fandango, Photobucket, Yahoo!, MocoSpace,
OpenTable, Flirtornatic and Cnectd are also using App It! to reach consumers
independent of what kind of device they are using.
Page 123

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GetJar App Store Sees 100 Million Downloads Of A Single App - HotHardware

Page 3 of 7

"With more than 500 million Facebook users around the world, people are
increasingly looking to stay connected using their mobile device"
What is App It!
App It! is a link to a particular app that can be placed anywhere and allows consumers to
download that app to their phone in one tap regardless of the users ' phone make or
model. Once a publisher has uploaded an app or mobile site to GetJar, the App it! link is
automatically created and can be placed anywhere the publisher wants. When tapped, the
link sends the consumer to the publisher 's page on GetJar which detects the device and
provides them with the right app for that phone.
To help publishers leverage the power of App It! and easily promote their apps, GetJar
has invested in automating the App It! process so that each and every app uploaded to
GetJar will automatically get its own App It! URL in the form of
http://getjarcom/appname. Publishers can then promote this URL in any way they like be
it via Twitter, Facebook, TV, print, Web or any other medium of communication.
"With more than 500 million Facebook users around the world, people are increasingly
looking to stay connected using their mobile device," said Patrick Mork, chief marketing
officer for GetJar. "We're proud to have helped bring the Facebook mobile experience to
tens of millions of people regardless of their mobile platform, phone model or carrier.
Global brands are realizing that although applications provide users with a rich and
engaging experience, to make app distribution easy, they need to provide consumers with
a single destination from which to get their apps instead of sending them off to multiple
stores depending the type of handset they might have. GetJar is committed to providing
the third button every website should have: Share it on Facebook, Retweet it on Twitter,
and now, App It! on GetJar, the viral way of sharing apps across any platform, handset,
carrier or country."
While Android is the fastest growing platform at GetJar, of the 100 million Facebook
downloads, over 50% were downloaded to Nokia phones since Nokia currently still
dominates the global market of app capable phones.

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Booming app stores search for developers to fill them - CNN

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Even in the hot smartphone app space, manufacturers of the most-used platforms are struggling to
attract developers.

What's one easy way to
keep your doa active?

Nokia and BlackBerry's maker, Research in Motion, both lag behind other smartphone platforms in
attracting new software. Each have less than a tenth of the number of apps in the second-place
Android store and far less than Apple's, which has more than 300,000.
For its Windows Phone 7 system, Microsoft paid some developers and offered free hardware to coax
them into building apps. Even still, prominent developers such as Jack Dorsey, co-founder of Square
and Twitter, say they're taking "wait and see" approaches.
Gowalla, the location-based networking service, says it's only focusing on a few of the most popular
platforms for apps. The company's resources are limited, and finding developers experienced with
lesser-known platforms is difficult, Gowalla CTO Scott Raymond said.

How to find the best
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Browser makers Mozilla and Opera Software are each working on app stores that could tie into their
desktop and mobile browsers. Mozilla Labs, the research and devergine7r7rm of the company that
makes Firefox, is working on an app framework that spans desktops and phones.
"I believe very firmly that we're at the beginning of a mafor explosion of this," Mozilla Labs Director
Pascal Finette said recently. "Before the iStore, there wasn't a concept of a 99-cent application -- and
kudos to Apple for that."
Mozilla's plan is to create a system to sell powerful apps that work in browsers on most platforms. "You
need to have an underlying architecture, the plumbing, to do all of this," Finette said.
"What we'd offer is a simple technology that supports multiple stores," Mozilla product vice-president
Jay Sullivan said in an interview. He described the concept as a "shopping mall" for app stores.
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Page 125

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Top Trends of 2010: App Stores

Page 1 of 5

ReadWriteWeb
Top Trends of 2010: App Stores
By Richard MacManus / December 28, 2010 1:00 PM / 10 Comments

TOP
TRENDS

201P
ReadWritsWeb

The Mobile Web has been a huge trend in 2010 and one output
of that has been the emergence of app stores
htt 1/www.readwriteweb.conilta./a..+stores . It started of course
th Apple's App Store for the iPhone and then iPad. Then we
saw other .qp.a.s.toje s come onto the scene: Android Market,
Nokia's Ovi Store, Microsoft's Windows Phone Marketplace and
others.

In addition to these OS-based app store 's, there are independent
outlets catering to multiple types of OS (like GetJar), carrier app stores, device app
stores, tablet app stores and retailer app stores like Amazorrs torthMming Android
one. So it's been a very busy field! Let's take alook at some of the highlights of 2010.

ReadWriteWeb's 2010 In Review:
•
•
•
•
•
•
•
•

Top 10 Semantic Web Products of 2010
Top 10 RSS and Syndication Technologies of 2010
Best BiqCo of 2010: Facebook
Top Trends of 2010: App Stores
Most Promising Company For 2011: SimpleGeo
Top Trends of 2010: Internet TV
Top 10 Startups of 2010
Top Trends of 2010: Privacy

Growth of Apple & Android
The two leading OS app stores are Apple's App Store and the Android Market. Both
have grown significantly t roug out 2010.
At the start of the year
(http://www.readwriteweb.com/archives/does the size of mobile apps stores still inatterphp),

Apple's App Store had about 120,000 apps and the Android Market 20,000.
Now, iTunes is carrying over 300,000 apps and has had over 7 billion downloads according to statistics on Wikipedia (http://en.wikipediaorglwiki/App Store). By
comparison, Android has around 175,000 apps and has had 2.2 billion downloads,
according to AndroLib (httpl/www.androlib.com/appstats.aspx) . So while Apple's App
Store is nearly twice as large, Android Market has had the most growth over 2010.
Page 126

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3/28/2011

Top Trends of 2010: App Stores

Page 3 of 5

Lots of Apps, But Usability an Issue
While app stçrq,„5 have prospered and proliferated in 2010, the usability and design of
many of these stores leaves much to be desired. A common complaint is that it's
difficult to find the best apps, due to the overwhelming quantity of apps to choose from.
The iTunes App Store, for example, has fairly broad categories and little
personalization options.
We ran a poll at the end of October asking which was your least
favorite app store
Vhttp://www.readwriteweb.com/mobile/2010/10/weeklv-poll-whats-theworst-rnobile-app-store.php) . The results should be taken with a

'grain of salt, because the lesser used app stores didn't attract as
many votes. Nevertheless, according to our readers the Android
Market needs the most improvement.
Android Market 29.25%
Blackberry AppWorld 16.71%
Ovi Store 15.88%
iTunes 11.7%
Windows Phone Marketplace 11.7%
GetJar 8.08%
Palm App Catalog 5.85%
Other: 0.84%

App Recommendation Sites
Given that the app_slores themselves are having problems filtering apps, other
services have 57TMVI1ielp with this. As ReadWriteMobile editor Sarah Perez
reported from the Open Mobile Summit (http://www.readwriteweb.com/mobile/2010/11/10distribution-channels-for-mobile-apps.php) in November, app recommendation sites
fhttp://www.readwriteweb.comlarchives/mobile app recommendation sites drive downloads for de

are doing a great job at driving downloads.
Some app recommendation sites and services to check out include Appoke
(http://appoke.corn/) (a combo Android app, store and social network), AppStoreHQ
(http://www.appstorehq.corn/) and its recommendation engine at appESP
(http://www.appesp.com/), Applolicious (http://www.appolicious.com/), Chomp
(http://chomp.com/), AppsFire (http://www.appsfire.com/), AppBrain
(http://www.appbrain.com/), Appboy (http://appbov.com/), AppAware (http://appaware.orq/),
Smokin Apps (http://smokinappscorn/), iApps.in (http://iapps.in/) (a semantic search
engine for apps), 16apps (http://16apps.com/), Apptism (http://www.apptisrn.com/),
Freshapps (http://www.freshapps.com/) ScatterTree (http://scattertree.com/about.htrn),
Frenzapp (http://www.frenzapp.com/) (a cross-platform app and recommendation engine
that looks at what your Facebook friends like), Sidebar (http://sidebarcom/solutions/smartmenu4 (a recommendations platform for developers), Chorus
(http://sidebarcom/solutions/sman-menu/), Appsaurus
(http://itunes.apple.com/us/app/appsauruslid339671140?mt=8) and Appitalism
,

(http://www.appitalism.corn/).
Page 127

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3/28/2011

Top Trends of 2010: App Stores

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Web App Stores
While ap stores have been mostly a mobile phenomenon, Apple and Google are
going to launcEpp stores for web applications
(http://www.readwriteweb.com/cloud/2010/10/web app stores how thev comparphp) very soon
and Mozilla has already released a prototype
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(http://www.readwriteweb.com/archives/mozilla challenges apple doodle with a new decentrphp)

All three companies have very different strategies. Apple's Mac Web App Store will
probably look and feel a lot like iTunes and it will offer apps curated the same way the
iTunes App Store is today, with many of the same restrictions. Google ChromeApp,
„tp.rt.will operate inside of Google's Chrome browser. It will be open to all apps that
.
operate on the open web. Mozilla's Open Web A Store is a technology prototype
that will let any website host its own web appstore.

Page 128

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3/28/2011

Top Trends of 2010: App Stores

Page 5 of 5

App Dashboard
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Those are some of the highlights from the world of„ A
lpiz,st9,4s in 2010. The overall
trend in this market segment is going steeply upwards, especially for mobile app
stores, and we don't see that abating any time soon.
Let us know in the comments what app store you frequent the most and your opinion
of it!

Page 129

http://www.readwriteweb.com/archives/app_storestop_trends_of 2010.php

3/28/2011

Amazon Appstore to take on Android market - iPhone next? - Jan. 5, 2011

efA

Moneycom
store, Google's Android Market is a wideopen Wild West, which allows creators to
publish their apps without any vetting.

Amazon prepares
to launch Android
Appstore

Amazon will have an approval process for
the apps it lists in its store. It plans to charge d
evelopers a $99 annual participation fee,
which it will waive for the first year. It will
also take a 30% cut of the sales price on each
app, in line with the fees Apple and Google
charge. Like those markets, Amazon will also
feature free apps that users can download
without charge.

Welcome to the Amazon Appstore Developer Program

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Amazon said it will use its formidable
marketing muscle to push apps out to its
millions of e-commerce customers.

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By Stacy Cowley, tech editor
January 5, 2011: 5:21 PM ET

NEW YORK (CNNMoney) -- Watch your
backs, Apple and Google: Amazon is getting
into the app store game.
The online marketplace went live late
Tuesday with the Amazon Appstore
Developer Portal, a self-service tool inviting
mobile developers to submit apps for the
store's upcoming launch. On the site page,
Amazon said the store will open for business
later this year; a company representative
said it has no target date ready to announce
yet.
Amazon (AMZN, Fortune 500) is setting its
sights on the Android app market -- a savvy
first step. In contrast to Apple's tightly
controlled and highly curated iPhone app

"The sheer number of apps available today
makes it hard for customers to find highquality, relevant products -- and developers
similarly struggle to get their apps noticed,"
the company said in its pitch to developers.
"The convenience of using an existing
Amazon.com account will make it simple and
easy for customers to purchase your apps
-- both online and on their mobile devices."
Advertisement

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you've just got to see.

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3/29/2011