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)

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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 Print Powered By 00-1-FormL,.LID narnics Page 131 3/29/2011 Amazon Appstore will verify Android apps I PC Retail Industry I PCR • • • • home I accessibility I sitemap contact us • • • • • • Page 1 of 8 Online Print Edition Digital Edition Mobile Email Intent Network. PCR News Alerts Sign Up • Log In • Register • Follow us on: • tl 1_1 cst-rs,c> Search Sourcebook • • • • • • • • Go News Categories PCR iPhone & iPad Apps PCR Awards 2011 Software Hardware Business Consumer Electronics Internet Job of the Month News Subscribe to News RSS Feeds Next ArticieWindows 8 for tablets as early as 2012?Next ArticleTablet stampede heralds notebook market collapse Thursday, 3rd March 2011 at 10:12 pm Page 132 3/29/2011 Amazon Appstore will verify Android apps I PC Retail Industry I PCR Page 2 of 8 Amazon Appstore will verify Android apps by Mat Bettinson Email a friend I Print Add a comment 12 Like 5 amazon 7 appstore 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 Advertisement Page 133 3/29/2011 Amazon Appstore will verify Android apps I PC Retail Industry I PCR interactive IDEA H.lipk ti.1 fO Pin Page 3 of 8 UTILITY SOFTWARE IDEAS FOR HOME OFFICE &SECURITY FROM INTERACTIVE IDEAS Interactive ideas The Amazon Appstore terms also bans pornography, intellectual copyright infringement and any form of illegal activity. Amazon Appstore boss Aaron Rubenson told 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 http://www.per-online.bizJnews/35907/Amazon-Appstore-will-verify-Android-Apps 3/29/2011 Amazon's Android app store: Steve Jobs doesn't get it Page 1 of 2 ORLD AN OPEN EXCHANGE From: 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 . The blog had the bright idea to pull up; 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 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 3/26/2011 Amazon's Android App Store: Your New Android Market 25,980 views, Mar 22, 2011 Page 1 of 3 4:20 AM LATEST L OG I N PREFER THE TRADITIONAL SLOG FORMAT? Switch to the Wog view by clicking El Gimmick) on Facebook Like 205,057 people like Gizmodo Vishnu Sven Dan Marina Steven Anthony Dustin :lames Ahmed Jamlson a al Facebook social plugin 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 http://gizmodo.coml 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. 1 LOGIN PREFER THE TRADITIONAL SLOG FORMAT? Switch to the blog view by clicking Gizmodo on Facebook Like 205,057 people like Gizmodo. 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, 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 • Featured All 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 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... SCOF113 EcI 11211111. (ei;) Cfi eiT.NODO Hfehader About Masthead Forums Legal Privacy Advertising Subscribe Send a tip Page 139 3/27/2011 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 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 . 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 8:58:11 AM Page 1 of 2 Tweet Tel/ us about your road to the cloud and win a MacBook Air with an Intel® Goren' 2 Duo Processor. This month's question: How do you move applications to the cloud? Answer Now MOUS Showing 0 comments IZ Subscribe by email 'Sort by newest first RSS Real-time updating is enabled. (Pause) Add New Comment 1 Login Type your comment here. blog comments powered by DISQUS Page 141 3/28/2011 8:58:11 AM Page 2 of 2 Nook Color Android app store coming in April along with Flash support Crave - CNET Page 1 of 6 CNET News • log in • join CNET • • • • • Home Reviews You are here:News Downloads Video Search Go • • • • • • • • • • • • • Latest News CNET River Latest News Webware Crave Business Tech Green Tech Wireless Security Blogs Video Photos More Menu Crave 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 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 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 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 -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, , and as a Kindle, Kindle UK, or Nook e-book. • • • • • • • • • Reviews All Reviews Camcorders Car Tech Cell Phones Digital Cameras GP S Laptops TVs • • • • • • • • News All News Business Tech Crave Cutting Edge Green Tech Security Wireless • Downloads Page 145 -17938 105-20046909-1 .html 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 , and you can reach him at devin at crunchgear dot corn. Advertisement Add New Comment Page 146 http ://www.crunchgear. com/2011/03/24/here-comes-the-no ok-app-store-and-flash- support/ 3/27/2011 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 Advertisement Advertisement 143514 readers DI' r4 I f. About Archives Contact Advertise Jobs © 2011 TechCrunch Aol Tech. TechCrunch Page 147 . 3/27/2011

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