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)

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

Page 2 of 2

cai Moneycom
N1
Amazon said it will reject apps that contain
pornography or other offensive content, and
it plans to publish "maturity" ratings for
those it sells.
Initially, the market will only sell Android
applications, but Amazon is leaving the door
open for expansion.
"I can't speculate, but it wouldn't surprise
me," Amazon spokeswoman Sally Fouts said,
when asked whether the store will expand to
other app ecosystems.
Right now, Apple (AAPL, Fortune 500) has
by far the most active app ecosystem, with
more than 300,000 iPhone apps available.
Google (GOOG, Fortune 500) has 200,000
applications stocked up in its Android
Market, while rival platforms BlackBerry, Palm
webOS and Windows Phone 7 trail far
behind.

Advertisement

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3/29/2011

Amazon Appstore will verify Android apps I PC Retail Industry I PCR

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3/29/2011

Amazon Appstore will verify Android apps I PC Retail Industry I PCR

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Amazon Appstore will verify Android apps
by Mat Bettinson Email a friend I Print
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7
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DEVELOPER PORTAL

Son

A safer alternative to malware infested Marketplace?
The world's largest retailer Amazon is set to launch the filin's own Android 'app store' in competition
with Google's Android Marketplace.
The Amazon Appstore will offer one substantial benefit to users over the default Android
Marketplace, the firm is planning on implementing an Apple-style approval process which aims to
validate applications prior to them appearing for sale.
Taken from the new developer FAQ: "...we will be testing the apps you submit prior to making them
available in our store to verify that each =works as outlined in your product description, does not
impair the functionality of the mobile device or put customer data at risk once installed."
•••111.1/1100NM

The announcement comes hot on the heels of major malware attack on the Android Marketplace with
one cyber criminal republishing 21 popular free applications infected with malware capable of rooting
Android smartphones, stealing user data and downloading further malicious code.
Google's (in)famously open Marketplace meant there was no barrier between the criminals and
potentially millions of Android smartphone owners. When notified Google acted with lightning speed
to remove the applications but they were still on the site for four days, downloaded tens of thousands
of times.
Article continues below
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3/29/2011

Amazon Appstore will verify Android apps I PC Retail Industry I PCR

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The Amazon Appstore terms also bans pornography, intellectual copyright infringement and any form
of illegal activity.
Amazon Appstore boss Aaron Rubenson told mobile-device.biz that the company decided to launch
the service in order to "improve the customer experience."
"The sheer number of apps available today makes it hard for customers to find high-quality, relevant
products. Similarly, developers struggle to get their apps noticed - and we think of developers as
customers also."
"We've spent years developing innovative features that help customers find and discover relevant
products from our vast selection, and we're excited to apply those capabilities to the apps market
segment."
The Amazon Appstore will initially launch in the US 'soon', according to Rubenson, with a worldwide
launch to follow.
The store will be initially Android only but Rubenson said the retailer is looking to "evaluate
opportunities to expand our selection on an ongoing basis."
Tags: amazon, android, app stores, applications, retail, smartphones
News Archive
12
Uke

5

Page 134

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3/29/2011

Amazon's Android app store: Steve Jobs doesn't get it

Page 1 of 2

ORLD
AN OPEN EXCHANGE
From: www.itworld.com

Amazon's Android app store: Steve Jobs doesn't get it
by JR Raphael
March 17, 2011 —Roll out the welcome wagon, Android fans: It looks like you'll soon have a new place to shop.
[ See also: 10 Must-Have Android Apps for Business ]
Amazon may be days away from launching its Androidapp store, if recent signs are any indication. The
company briefly had its storefront online this week, as discove0 by German website AndroidNews.de . The blog
had the bright idea to pull up amazon.com/apps; there, it found a page entitled "Appstore for Android" with a list
of 48 "top-selling" applications.
The page has since been taken down, but from its brief stay, we learned that Amazon's Android app store
will have apps that aren't available in the main Android Market (beyond just the Angry Birds Riderrir" w
isive
Amazon had previously announced). It looks like the store will also offer cheaper prices on some common
applications; several programs were marked down by as much as a couple dollars below their Android
Market rates.
Amazon's Android App Store: Differing Viewpoints
In the grand scheme of things, the launch of Amazon's new app store signifies an exciting step forward for the,
world of Android. Think about it: This kind of high-profile competition will bring richer and more diverse options for
us, the customers. And, as competition tends to do, it'll encourage competitive pricing. Remember, too, that
Amazon is offering its own incentives to developers, which'll help attract new talent and drive innovation on
Android even further. And the best part: If you don't like the way Amazon approaches app sales, you don't have
to use its store. It's just another choice -- the first of many on the way.
What's fascinating to me is that some people, such as the CEO behind a certain competing smartphone platform,
like to characterize multiple app stores on Android as a bad thing. Remember Steve Jobs' anti-Android rant from
his company's earnings call last fall?
"In addition to Google's own app marketplace, Amazon, Verizon, and Vodafone have all announced that they are
creating their own am,Igas for Android -- so there will be at least four app stores on Android, which customers
must search among to find the app they want," Jobs said.
"This is gonna be a mess for both users and developers," he went on to proclaim.
Amazon's Android App Store: The Jobs Perception Problem
Here's the problem: Jobs, as usual, is looking at this through his Apple-tinted glasses. As I wrote in a friendly
letter to the turtlenecked one last year, most markets -- virtual or otherwise -- do allow people to buy products
'from multiple providers. Choice doesn't lead to chaos (nor does it lead to unstoppable scary-virus-monster
attacks, by the way -- but that's another story).
Let's translate this into a more traditional retail scenario for some perspective. Say there's a giant shoe store with
thousands of shoes on its shelves. It has something for everyone; its selection is unmatched.
Now, would any of us look at that store and say it should be the only shoe store anyone's ever allowed to visit?
Of course not. It may be large, convenient, and the de facto option for many families. But competing shoe stores
will add diversity into the mix, offering different items and maybe better prices. They'll take advantage of their

Page 135

http://www.itworld.com/print/140594

3/26/2011

Amazon's Android app store: Steve Jobs doesn't get it

Page 2 of 2

own strengths to create new kinds of value for shoppers -- better customer service, for example, or easier ways
to check out. Why wouldn't we want that choice?
Competition may not be good for the retailer -- particularly when the retailer is a giant tech company that makes
loads of money by owning the only store its customers can utilize -- but competition is almost always good for the
consumer. For users, choice doesn't equal chaos. Choice equals power.
Android's app selection is already growing at an alarming rate -- more than three times the rate of Apple's,
according to a recent analysis. The introduction of high-profile supplementary app stores like Amazon's is only
going to speed up that growth, while simultaneously expanding the marketplace in new and interesting ways.
Apple can slant things however it wishes, but mark my words: This is the beginning of something big.
JR Raphael is a PCWorld contributing editor and the author of the Android Power blog. You can find him on both
Facebook and Twitter.
PC World

Page 136

http://www.itworld.com/print/140594

3/26/2011

Amazon's Android App Store: Your New Android Market

25,980 views, Mar

22, 2011

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Vishnu

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Dan

Marina

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Anthony

Dustin

:lames

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a al
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APPS

192

Amazon's Android App Store: Your New Android Market
Kat Hannaford — The alternative app
store for Android is now live—however much
Apple doesn't like others using the term "app
store—where US Android owners can
download the new Angry Birds Rio game for
free, along with 3,799 other apps. It's been
years wandering the desert, but Android users
finally have an app oasis of their own.

,

Amazon's got all the big developers names on
there, including Gameloft, Glu Mobile and
Rovio, offering up apps either for free or a few
dollars and cents. Don't want to waste valuable
money on an app that turns out to be... well,
rubbish? No problemo says Amazon, who will
let you "Test Drive" an app for 30 minutes' within a browser. If you like what you see, you
can download and pay for it with one click if
you have your payment details already on file
with Amazon. They'll also be offering one paid
app for free every day for the foreseeable
future.

PARODIES Spoof Angry Birds: The Movie
6:00 PM Trailer Could Very Well Become
Real Some Day
JAPAN Stand Down: Fukushima Radiation
Level Not 10 Million Times Above
Normal

5:00 PM

amenca
A BREATH OF FRESH AIRLINE

LAND WITH AN
EMPTY INBOX.
WiFi AND OUTLETS AT
YOUR SEAT
GRAB A SEAT

=LI
1
tam.

IIII

11 G

$

LL,a

air

dri

As expected, Amazon's using its web store

recommendation algorithm to suggest similar

111 apps for download. You know when you buy a
camera on Amazon, and they instantly suggest
a camera case or photography book? Same thing. Recommendations are of the "people who
bought X also bought Y" variety, which means that, just a few hours into the store's existence,
you'll mostly see staples . like Evernote and Kindle. As Amazon gains traction in the app biz,
though, the recs will become more and more targeted. At its most helpful, the service may

Page 137

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3/27/2011

Amazon's Android App Store: Your New Android Market

Page 2 of 3

even show free (or cheaper) apps that do the same thing as the one you were about to pony up

for.

LATEST

There may only be a relatively small number of apps at the moment, but that will only
increase over time, as Google found. And, importantly, the apps that are there are the ones
you want. Or at least, ones that won't fry your phone: Amazon will go one step further than.
Google in ensuring quality stays high, by reviewing each and every app before they go on sale.
Don't expect too many stories of Amazon banning booby apps though—Amazon claims they'll
only stop them going on sale if they don't function correctly, or if they have security issues.

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It wasn't until February that Google offered a viable web4)ased Android Market. That's not
much of a head start, especially given that Amazon's version is already more navigable and
user-friendly. Yes, there are some serious apps that are MIA: Facebook, MLB.com at Bat,
Words With Friends, The Weather Channel Dropbox, Pandora, MenuPages... you get the
idea. But Amazon should still be your first stop on an Android app shopping spree. And once
it fills up its shelves a bit more, it'll also be your last.
You can download the Amazon App Store for Android at this link: [App Store via eMoney and
NY Times]
UPDATE: Amazon's video spells out how to download the app store...but it's a heck of a lot

Vishnu

Sven

Don

Mariaa

Steven

Anthony

Dustin

James

Ahmed

Jamison

Facebook social plwin

PARODIES Spoof Angry Birds: The Movie
6:00 PM Trailer Could Very Well Become

Real Some Day

of rigamarole to get the same free apps you can get already through the Android store.
JAPAN
5:00 PM

Stand Down: Fukushima Radiation
Level Not to Million Times Above
Normal

WE'RE NOT IN
AZEROTH ANYMORE

DISCUSSION THREADS

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Start a new thread

tylerstyle

Tue 22 Mar 2011 4:34 AM

Nope. Not accessible from Europe...
The links all lead back to the main Page of Amazon.

Always the same. Companys still do business, as if the world would be separate.
But in this day and age, digital Content has to be free of boundaries.
dale386 @tylerstyle promoted by JMKar...

Tue 22 Mar 2011 4:46 AM

can't access from the us either
JMKarstetter @tylerstyle

Tue 22 Mar 2011 5:04 AM

That's ok, i can't get it here in the US either...
Tue 22 Mar 2011 8:59 AM
tylerstyle @tylerstyle
•
The Store itself is online now and even accessible from Europe, but it is region locked and
tells me, that it is not available in my region, yet...
Page 138

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3/27/2011

Amazon's Android App Store: Yotir New Android Market

Page 3 of 3

Get it together, Amazon.
tokugawa @tylerstyle promoted by tylers...

Tue 22 Mar 2011 9:55 AM

Actually, it's worse...
Companies do business on a global scale as long as it benefits them (i.e. cheap labour
I somewhere, no matter how bad the working standards).
As soon as globalization is something that would benefit the customer... "nope, sorry, not
planned at this moment!"
Tue 22 Mar 2011 10:09 AM

tylerstyle @tokugawa

Seems like it, doesn't it?
Problem for such things are legally most of the time. Different Taxes, different Laws and
interest groups behind Content. Yadda, yadda, yadda.
It's hard to do such a thing.
But we're not talldng about a backyard company here. We're talking about the biggest online
seller on this Planet. They should be able to pull off a global launch, if no one else would.
See 11 more replies by Marshall, TheIllusive, enquiriess, Tudor Dimboia nu, No Devices Found, suemey,

dangeorges, Dan Georges, hipstertuna, honey_hunk143, stamp.yourfoot and more...

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3/27/2011

http://www.readwriteweb.com/c1oud/2011/03/one-extension-to-rule-them-all-kynetx-opens-cross-.php

ReadWriteWeb
One Extension to Rule Them All: Kynetx Opens
Cross-Browser App Store
By Mike Melanson / March 23, 2011 1:16 PM / 2 Comments

Tweet Hacker News t5

submit

This post is part of our ReadWriteCloud channel, which is dedicated to covering virtualization and cloud computing. The channel is sponsored by Intel and
VMware. Read the case study about how IBM helped one client solved its server sprawl problems.

Here an app store, there an app store, everywhere an app store. 2011 is quickly becoming a year of app stores, with each
browser offering its own marketplace of Web apps. What's a multi-browser user to do in this world?

kynetx

Kynetx

, a cross-browser platform for browser extensions and apps, wants to give both developers and users a

one-stop shop for apps that don't discriminate according to what browser you use for what task. The company has launched an
app store of its own for something it's calling "browser apps."

"Browser apps," according to the company, are "cloud-based, event-driven applications for the 'Live Web' that seamlessly run in Google
Chrome, Firefox, Safari and Internet Explorer." Calling itself a "Greasemonkey
for the cloud,"
Kynetx offers tools for developers to create these cross-browser apps and an app store for users to discover browser apps, regardless of
which browser they are using.
The difference between something like Kynetx and a browser-specific service like Greasemonkey, explained VP of "platform
evangelism"
at Kynetx Brad Hintze, is that Kynetx runs entirely within a single browser extension. It
also runs entirely in the cloud, meaning that the end-user never needs to worry about updating their extensions; the moment a developer
uploads an update, the user sees the results.
, where he explained that the Kynetx extension saves both memory and
We spoke with Hintze last week at SXSW
processing power by only loading individual extensions when they are needed. This is the "event-driven" part mentioned above. Take a
for Chrome. It modifies
browser extension like my6sense
Twitter.com to provide a personalized experience. If you look at your resource usage, however, you'll notice that it's always on, whether
or not you're actively looking at the Twitter website. The same goes for all Chrome extensions. With a Kynetx "browser app," it would only
become active in response to an event, such as visiting Twitter.com .
The other primary difference between Kynetx and individual browser extensions is that once a user installs the Kynetx extension for a

particular browser, they have access to all the same browser apps that they would on any other browser. For both user and developer,
Kynetx offers a uniform experience across browsers. Will users want to adopt another app store? If Kynetx can draw in developers with
the lure of one code for multiple browsers, the users may follow.

See Also
Firefox 4 Trounces 1E9 in Release Day Downloads
Amazon's Android App Store Launching Tomorrow (Report)
Opera Opens Cross Platform Mobile App Store
Page 140

3/28/2011

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Page 2 of 2

Nook Color Android app store coming in April along with Flash support Crave - CNET

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What's Hot:iPad 2 IXperia Play 'Honeycomb 'Sony NGP 'Nintendo 3DS
March 24, 2011 1:24 PM PDT

Nook Color Android app store
coming in April along with Flash
support
by David Carnoy

Page 142

http://news.cnet.com/8301-17938_105-20046909-1.html

3/24/2011

Nook Color Android app store coming in April along with Flash support I Crave - CNET

148

Page 2 of 6

Share 45

According to the HSN Web site, Barnes & Noble is launching the Nook Store in April and
giving Flash support to the Nook Color.
(Credit: Barnes & Noble)

While plenty of people have "rooted" their Nook Colors with custom firmware that
allows them to access the Android Market and download applications, most Nook
Color buyers have stuck with the official firmware that came with the device. If
you're in the latter group, you'll be happy to note that you'll soon have access to
Barnes & Noble's version of an app store, which is due to launch in April,
according to the HSN Web site, where the Nook is being sold for $299.90.
While the HSN site doesn't offer a specific launch date, it does have some nice
nuggets of info:

Page 143

http://news.cnet.com/8301-17938_105-20046909-1.html

3/24/2011

Nook Color Android app store coming in April along with Flash support I Crave - CNET

Page 3 of 6

Coming Soon "Sneak Peek" Updates
• H8N will have the "sneak peek" of the new NOOK updates, which launches in April
• The new updates will be sent out automatically if your device in connected to Wi-Fi
• HSN customers will receive the update first when it's available

NOOK Apps
• Shop the NOOK Store for a wide variety offun and engaging NOOK Apps
• Download all types of apps to get even more out of your device
• Some ofthe exciting new apps include Angrv Birds, Lonely Planet Phrasebook and
Drawing Pad

Adobe Flash
• Expand your web experience by watching videos that use Adobe Flash

Built-in Email
• Stay connected via built-in email, just like you do on other tablets and high-end
smartphones
• No need to go through Internet browser

(Credit: HSN)

None of this comes as much of surprise, as Barnes & Noble has been showing
journalists apps running on the Nook Color from the day it launched. But it has
taken a little longer than we thought for the company to actually launch an app
store for the device.
Ifs worth noting that Barnes & Noble seems to be shying away from actually
calling the Nook app store the Nook App Store, which may be a good idea
.r
considering Apple iust sued Amazon.com for calling its Android usog4o .e.the
Amazon Appstore for Android. Apple says it has trademarked the term "App
Store."
As for HSN selling the Nook Color for $299.90, that's $50 more than you need to
spend for the Nook Color (its list price is $249.99). Sure, the HSN Nook Color has
some e-books preloaded on it, but they're all public-domain titles you can load up
yourself--for free. (FISN will reportedly start its "sneak peeks" of the updates
sometime this Saturday.)
We'll have an in-depth look at the Nook Color update once it launches in April.
From the looks of it, it will include not only the Nook Store but also a version of
Android 2.2 (Froyo), which would bring the Flash support mentioned above.
Barnes & Noble CEO William Lynch has previously stated that the Nook Color
Page 144

http://news.cnet.com/8301 -17938_105-20046909-1 .html

3/24/2011

Nook Color Android app store coming in April along with Flash support I Crave - CNET

Page 4 of 6

would offer Flash support in 2011, though he never committed to a more specific
time frame.

HSN via Review Horizon
The following product is available:
On Sale Now: $249.00

View the latest prices for Barnes & Noble Nook Color

David Carnoy
Like 765

Full Profile E-mail David Carnov

Hunkered down in New York City, Executive Editor David Carnoy covers the
gamut of gadgets and writes his Fully Equipped column, which carries the tag
line "The electronics you lust for." He's also the author of "Knife Music," a
novel that's available at Amazon, bn.com , and as a Kindle, Kindle UK, or Nook
e-book.

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3/24/2011

Here Comes The Nook App Store (And Flash Support)

Page 1 of 3

CrunchGear
Here Comes The Nook App Store (And Flash
Support)
by Devin Coldewey on March 24, 2011
Tags: android, nook, nook color

While the Nook Color may be a popular tablet for hacking, it's also just a plain ol' e-reader — or
so they say. Now that they're adding the Nook Store, a device-specific market for apps, like that
on the Galaxy Tab.
These irregular devices can't access the normal Android Marketplace, so they have to port and
redo apps and then offer them via their own service. Sound like fun to you? Me neither. But if
you're not interested in hacking your Nook, this will be a good opportunity to get a little more
functionality on there.
The information comes by way of HSN, where the April update, as they call it, is advertised as
coming to HSN customers first. I'm guessing that means that Nook Color units will ship in April
with the update installed, and HSN has the first batch. They mention watching Flash-based video,
but don't mention the Flash version number.
I'm sure there will be a more comprehensive look at the update in the next - couple weeks; we'll
keep our eyes open.
Also! Question! I didn't notice this before, but how the hell can HSN get away with this pricing?
Retail value, $500? Are you joking?
[via CNET]

Devin Coldewey (like "cold-away") is a freelance writer and photographer based in Seattle. His
personal website is coldewey.cc , and you can reach him at devin at crunchgear dot corn.
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Samsung App Store Hits 100 Million Download Mark

Page 1 of 1

MobileCrunch
Samsung App Store Hits 100 Million
Download Mark
by John Biggs on March 24, 2011
Ten months after Samsung launched their own App Store for Bada devices, the company reached
the 100 million download milestone, a notable result for what we can only termed as a Quixotic
quest. The rush to app download nirvana began with the Samsung Wave last year.
There are currently 13,000 apps available on the platform. Users in France, Germany, and Spain
downloaded 40% of the total, making them the biggest consumer of Bada apps.
While this is all well and good, it seems a bit dangerous for Samsung to rest on its laurels here.
asjalia= exists in a situation where a feature phone has its own apps and OS and
The Bada ,
there is no mention made of how many of those apps are paid. One hundred million is fine and
good but current success in the Bada framework, especially considering the inexorable move
towards Android in the alpLator marker, does not guarantee future success on the platform.
imam
via Cellular News

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