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)

Download PDF
EXHIBIT 16 App Store - Wikipedia, the free encyclopedia Page 1 of 10 App Store From Wikipedia, the free encyclopedia Apple App Store The Apple App Store is an Apple app for app download on Apple's app capable Devices (the iPhone, iPod Touch, iPad and Mac) offered by Apple Inc., which allows users to browse and download applications from the iTunes Store that were developed with the iOS SDK or Mac SDK and published through Apple. Depending on the application, they are available either for free or at a iii cost. The applications can be downloaded directly to a g. po (0 is target device, or downloaded onto a PC or Mac via iTunes. 30% of revenues from the store go instantly to Apple, and 70% go to the seller of the app.P 1 The App Developer(s) Apple Inc. Store opened on July 10, 2008 via an update to iTunes. On July 11, the iPhone 3G was launched and Initial release July 10, 2008 came pre-loaded with iOS 2.0.1 with App Store Stable release iOS (Apple) 4.3 support; new iOS 2.0.1 firmware for iPhone and iPod Touch was also made available via iTunesP 1 As of Operating system iOS and Mac OS X October 20, 2010, there are at least 300,000 thirdPlatform iPhone, iPod Touch, iPad, party apps officially available on the App Store. 31 As iTunes, Mac OS X of January 18, 2011, the App Store had over 9.9 billion downloads, which was announced via the Type Software update, Digital company's "10 Billion App Countdown". 141 At 10:26 distribution AM GMT on Saturday, January 22, 2011, 151 the 10 billionth app was downloaded from Apple App Store. License Proprietary The median revenue per application is estimated to be Website $700, although on data no more publicly available. [61 ( The average price of non-free application is estimated between $3.5 and $4. [71[8] The distribution of price follows a power law distribution (the Zipf—Mandelbrot law): "Although prices can be freely chosen, most sellers price their application at multiple of $5 (minus 1 cent)". [81 After the success of Apple's App Store, and the launch of similar services by its competitors, the term "app store" has been used to refer to any similar service for mobile devices. 19][101[11][12] However, Apple claims "App Store" as a trademark. 1131 The term "app" has become a popular buzzword; in January 2011, "app" was awarded the honor of being 2010's "Word of the Year" by the American Dialect Society.L 141 On October 20, 2010, Apple announced the Mac App Store which was eventually launched on January 7, 2011. It is similar to the one for iOS devices, only it has applications designed for Mac computers. 1151 The Mac App Store is only accessible by using Mac OS X Snow Leopard or the upcoming Mac OS X Lion. Page 222 3/26/2011 App Store - Wikipedia, the free encyclopedia Page 2 of 10 The App Store is accessible from the iPhone, iPod Touch and iPad via an iOS application by the same name. It is also the only way to directly download native applications onto an iOS device without voiding the warranty. Web applications can be installed on these devices, bypassing the App Store entirely, but they tend to have less functionality. The store is also accessible through iTunes, and then on any operating system for which iTunes is provided (Mac OS X and Windows 1161). In February 2011, Apple announced its new subscription based service which will allow publishers to set the length and price of a subscription. Previously, new magazine or news releases would be sold on a per release basis. The new service allows publishers to sell their content through their apps allowing users to receive the new content over specified period of time. More interestingly is that Apple will allow publishers not only to sell from iTunes where revenue will be shared (70% for the publisher, 30% for Apple), but they are also allowing publishers to distribute their subscriptions directly from their websites where no revenue will be shared with Apple. 1171 Contents • 1 iPhone SDK • 2 Number of launched applications • 2.1 Revenue Share • 2.2 Milestones • 2.3 Most popular apps • • • • • • 3 Application ratings 4 Approval (and rejections) of apps 5 Enterprise App Stores 6 Similar services for other devices 7 References 8 External links iPhone SDK The Software Development Kit for iPhone OS was announced at the iPhone Software Roadmap event on March 6, 2008. The SDK allows developers running Mac OS X 10.5.4 or higher on an Intel Mac to create applications using Xcode that will natively run on the iPhone, iPod Touch and iPad. A beta version was released after the event and a final version was released in July 2008 alongside the iPhone 3G. 1181 This major Roadmap event (coupled with a large distribution program for 3rd-party developers), later became known as the iPhone Developer Program, which currently offers two distribution tracks for 3rd-party developers: Standard, and Enterprise. 1191 Applications distributed through the standard program can be sold exclusively through the iTunes Store on Mac and Windows, or on the App Store on the iPhone, iPod Touch, and iPad. 1191 Developers who publish their applications on the App Store will receive 70% of sales revenue, and will not have to pay any distribution costs for the application. However, an annual fee is required to use the iPhone SDK and upload applications to the store. 1181 Page 223 3/26/2011 App Store - Wikipedia, the free encyclopedia Applications developed through the enterprise program, officially the "iOS Enterprise Developer Program" (iDEP), are exclusively for institutional use and do not get published on the App Store. This allows corporations, non-profits and government agencies to develop proprietary "in-house" applications not for public re1ease.E 191 The enterprise program was updated September 14, 2010, to allow any organization with a DUNS number to join. Prior to this date, only organizations with 500 or more employees could join the enterprise program. Page 3 of 10 44 Rewind 4 41 Rewind Una 44 Rewind )in To run an application on the iPhone, the application needs to be signed. This signed certificate is only granted by Apple after the developer has first developed the software through either the US$99/year Standard package or the US$299/year Enterprise package with the iPhone SDK. 1181 Number of launched applications On July 10, 2008, Apple CEO Steve Jobs told USA Today that App Store running on iOS 4.2.1 the App Store contained 500 third-party applications for the iPhone and the iPod Touch, and of these 25% were free.E 201 These third party applications range from business to game applications, entertainment to educational applications, and many more applications available for free or for sale. On July 11, 2008 the store opened, allowing users to buy applications and transfer them to an iPhone or iPod Touch with the iPhone 2.0 software update, which became available through iTunes on the same day. Ten million applications were downloaded the first weekend.E 211 On January 16, 2009, Apple announced on its website that 500 million applications had been downloaded. 1221 The billionth application was downloaded on April 23, 2009. 1233 Unlike the apps that come standard on the iPhone (such as the YouTube app, which Apple added through an iOS software upgrade months before the launch of the App Store), apps downloaded from the App Store can be removed by the user at a future date. Page 224 3/26/2011 App Store - Wikipedia, the free encyclopedia Page 4 of 10 Revenue Share Global Mobile Applications Store Revenue in Millions of US Dollars ▪ Goosite Android Mar 1 Nokia Ovi Store t 111 Blackberry App World • Apple App Store 2009 2010 Milestones App Store application availability has increased in line with downloads over time. Page 225 3/26/2011 App Store - Wikipedia, the free encyclopedia Date Page 5 of 10 Available apps Downloads to date July 11, 2008E241 500 0 July 14, 2008E211 800 10,000,000 September 9, 2008E251 3,000 55,000,000 October 22, 2008E261 7,500 200,000,000 January 16, 2009E221 15,000 500,000,000 March 17, 2009 [27] 25,000 800,000,000 April 23, 2009E231 35,000 1,000,000,000 June 8, 2009E281 50,000 1,000,000,000+ 55,000 1,000,000,000+ July 14, 2009E291 65,000 1,500,000,000 Septernber 9, 2009 75,000 1,800,000,000 September 28, 2009 130113 '] 85,000 2,000,000,000 July 11, 2009[citation needed] November 4, 2009E 321E331 100,000 2,000,000,000+ January 5, 2010 [3411353 120,000 3,000,000,000+ March 20, 2010E361 150,000+ 3,000,000,000+ April 8, 2010E371 185,000+ 4,000,000,000+ April 29, 20101381 200,000+ 4,500,000,000+ June 7, 2010E391 225,000+ 5,000,000,000+ September 1, 2010E 1 250,000+ 6,500,000,000+ October 20, 2010 [31 300,000+ 7,000,000,000+ Jan 16, 2011E31 400,000+ 9,000,000,000+ Jan 22, 2011E4°1 400,000+ 10,000,000,000+ Most popular apps In April 2009, Apple announced the apps which had the most number of downloads since the store was launched. Among paid apps, the Crash Bandicoot Nitro Kart 3D, by Activision Publishing, was number 1. Among free apps, Facebook was number 1, and Google Earth was number 2.E 411 Application ratings Apple rates applications worldwide based on their content, and determines what age group each is appropriate for. According to the iPhone OS 3.0 launch event, the iPhone will allow blocking of objectionable apps in the iPhone's settings. The following are the ratings that Apple has detailed: Page 226 3/26/2011 Page 6 of 10 App Store - Wikipedia, the free encyclopedia Rating 4+ Description Contains no objectionable material. May contain mild or infrequent occurrences of cartoon, fantasy or realistic violence, and infrequent or mild mature, suggestive, or horror-themed content which may not be suitable for children under the age of 9. 12+ May also contain infrequent mild language, frequent or intense cartoon, fantasy or realistic violence, and mild or infrequent mature or suggestive themes, and simulated gambling which may not be suitable for children under the age of 12. 17+ May also contain frequent and intense mature, horror, and suggestive themes; plus strong sexual content, nudity, strong language, alcohol, tobacco, and drugs which may not be suitable for children under the age of 17. Consumers must be at least 17 years old to purchase apps with this rating. Whenever an app of this rating is requested for download, a message will appear, verifying if a user is 17 or older, and asking to confirm the purchase for this reason. Approval (and rejections) of apps Main article: Approval of iOS apps Applications are subject to approval by Apple, as outlined in the SDK agreement, for basic reliability testing and other analysis. Applications may still be distributed "ad-hoc" if they are rejected, by the author manually submitting a request to Apple to license the application to individual iPhones, although Apple may withdraw the ability for authors to do this at a later date. Non-disclosure agreements have always forbidden developers from publishing the content of their rejection notices, but Apple has now started labeling their rejection letters with Non-Disclosure (NDA) warning THE INFORMATION CONTAINED IN THIS MESSAGE IS UNDER NON-DISCLOSURE. Apple later changed the NDA citing that "it has created too much of a burden on developers" but they did not reverse the decision to forbid publication of rejection notices. Some applications are not available outside the US App Store at the request of the developer. Since so many developers have published rejection emails Apple now most often call submitters to verbally tell them their rejection notice. In addition, Apple has removed software licensed under the GPL from the App Store after complaints from one of the program's developers, claiming that the App Store's terms of service are inconsistent with the GPL. Enterprise App Stores Because Apple's App Store is for consumers, companies are unable to distribute in-house apps on the App Store. Under Apple's iOS Developer Enterprise Program companies can publish in-house apps using an Enterprise App Store [421 with systems such as Apperian EASEJ 431 Apps published with Apple's iOS Developer Enterprise Program are still subject to Apple's control via the controversial kill switch, [44] where Apple can revoke a publisher's digital certificate and thereby "kill" the app on user devices. However, there is no evidence that this has been done in the enterprise environment. Similar services for other devices Main article: List of digital distribution platforms for mobile devices Page 227 3/26/2011 App Store - Wikipedia, the free encyclopedia Page 7 of 10 Following the popularity of the App Store, competitors developed their own software stores. Palm Inc. published an application store similar to the App Store for Palm devices [451 and announced the App Catalog for webOS on the Palm Pre that was released on June 6, 2009. Another platform, Android Market is used in conjunction with Google's Android operating system. Microsoft has released Windows Marketplace for Mobile, an application store for their Windows Mobile platform.E 461 Nokia has released The "Ovi Store'4471 (which replaced its earlier "Download!" application) for its S60 and S40 based mobile devices. Samsung has created Samsung Apps, primarily to cater for its own Bada OS, but also with support for certain other Samsung devices. RIM also launched its application store BlackBerry App World.E483 The Nintendo DSi is able to connect to an online store called the "DSi Shop", along with Sony's PlayStation Portable (PSP) being able to connect to PlayStation Store to download games, etc. References 1. A "Analyst: There's a great future in iPhone apps" ( future-in-iphone-apps/) , Venture Beat, June 11, 2008. 2. A "Apple Introduces the New iPhone 3G" ( . Apple. 2008-06-09. . Retrieved 2009-09-16. 3. nabc d Apple Special Event, October 20, 2010 4. A " 10 Billion App Countdown" ( Apple 2011-0114. 5. A 10:26 AM GMT on Saturday, January 22, 2011 ( setteB.IT 2011-01-22. 6. A "Full Analysis of iPhone Economics - it is bad news. And then it gets worse" (http://communities . Communities Dominate Brands. 2010-06-22. http://communitiesdominate.blogs.comlbrands/2010/06/full-analysis-of-iphone-economics-its-bad-news-and-then-it-getsworse.html. 7. A "Distimo Report November 2010" (http://www.distimo.cornipublications ) . 2010-11-30. 8. A a b "Distribution of prices on the Apple App Store" ( -of-price-on-the-apple-application-store/) . 2011-02-23. 9. A Carew, Sinead (22 April 2009). "In app store war, BlackBerry, Google hold own" ( . Reuters. . Retrieved 23 June 2009. 10. A Furchgott, Roy (29 May 2009). "Nokia's App Store Launches With a Hiccup" ( . The New York Times. Retrieved 23 June 2009. 11. A Ganapati, Priya (4 March 2009). "BlackBerry App Store Gets a Name" (http://www.wired.comlgadgetlab/2009/03/blackberry-appl) . Wired. . Retrieved 23 June 2009. 12. A Shiels, Maggie (2009-07-20). "Technology I Apps 'to be as big as internet" ( . BBC News. . Retrieved 2009-12-02. 13. A "Apple files for MacRuby, App Store & Finder trademarks" ( . MacNN. 22 July 2008. Retrieved 27 Aug 2009. 14. A "Linguists vote 'app' Word of the Year" ( 3DHeXRb-b1CJCbGjRCUK1vVgQ? docId=1635c27d508b451396e873660a279cd6.) . The Associated FTress. 2011-01-07. Retrieved 2011-01-27. 15. A Apple unveils new MacBook Airs, previews Lion I Beyond Binary - CNET News ( Page 228 3/26/2011 App Store - Wikipedia, the free encyclopedia Page 8 of 10 16. A February 2011 "iTunes Download site" ( February 2011. 17. A "Apple rolls out subscription service" ( -rolls-out-subscription-service/article1907736/) . Globe&Mail newspaper. 15 February 2011. . Retrieved 15 February 2011. 18. nabc Apple Inc. (2008-03-06). "Apple Announces iPhone 2.0 Software Beta" ( . . . Retrieved 2009-12-02. 19. Aabc Apple Inc.. "iPhone Developer Program - Enterprise Distribution" ( . . . Retrieved 2009-12-02. 20. A "Jobs: App Store launching with 500 iPhone applications, 25% free" ( . Engadget. 2008-07-10. Retrieved 2010-06-05. 21. A a b "iPhone App Store Downloads Top 10 Million in First Weekend" ( . Press Release. Apple Inc.. 2008-0714. . Retrieved 2008-11-10. 22. A ab "iPhone App Store breezes past 500 million downloads" ( billion_iphone_apps/) . The Register. 2009-0116. billion_iphone_apps/. Retrieved 2009-01-24. 23. A ab "Apple's Revolutionary App Store Downloads Top One Billion in Just Nine Months" ( . Apple Inc.. 24 April 2009. _04/app_store.html . Retrieved 3 May 2009. 24. A "iPhone 3G on Sale Tomorrow" ( . Press Release. Apple Inc.. 2008-07-10. Retrieved 2009-01-17. 25. A "App Store Downloads Top 100 Million Worldwide" ( . Press Release. Apple Inc.. 200809-09. . Retrieved 2008-11-10. 26. A "Apple Reports Fourth Quarter Results" ( . Press Release. Apple Inc.. 2008-10-21. . Retrieved 200901-17. 27. A "Apple Opens Up More Ways To Get Paid On The iPhone, Adds Key New Features. Apps Hit 800 Million Downloads." ( . Press Release. TechCrunch. 2008-10-21. . Retrieved 2009-01-17. 28. A "" ( 50000-apps/) . TechCrunch. 2009-06-08. . Retrieved 2009-06-08. 29.. A June, Laura (2009-07-14). "Apple's App Store crosses the 1.5 billion download mark" ( . Engadget. . Retrieved 2009-07-25. 30. A "Apple's App Store Downloads Top Two Billion" ( . Apple Inc.. 2009 09 28. . Retrieved 2009-09-28. - 31. - A " " (http ://www . appleinsider. com/articles/09/09/28/apple_announces_app_store_downloads_ Appleinsider. 2009-09-28. . Retrieved 2009-09-28. 32. A "Apple Announces Over 100,000 Apps Available on the App Store" ( . Mac Rumors. 2009-11-04. Retrieved 2009-12-02. Page 229 Store 3/26/2011 App Store - Wikipedia, the free encyclopedia Page 9 of 10 33. A Apple Computer, Inc. (2009-11-04). "Apple Announces Over 100,000 Apps Now Available on the App Store" ( . . Retrieved 2009-12-02. 34• A Apple Announces 3 Billion App Store Downloads - Mac Rumors ( 35. A Apple's App Store Downloads Top Three Billion ( 36. A Apple - iPad - Apps for iPad ( 37• A Eric Slivka (April 8, 2010). "Apple's iPhone OS 4.0 Media Event: 'Sneak Peek Into the Future" ( . MacRumors. . Retrieved April 8, 2010. 38. A Thoughts on Flash ( 39. A AppleInsider I Apple says App Store has made developers over billion ( has made developers over_1 billion. 40. A "App Store hits 10 billion downloads" ( . Mac Rumors. January 22, 2011. . Retrieved January 22, 2011. 41. A Apple's most popular apps ever, announced April 2009 I Mobile Web Go ( 42. A "Emerging Tech: Alternatives to Apple App Store, For Enterprises" ( 2011-11-19. Apple_App_Store_For_Enterprises. 43. A "Enterprise App Services Environment" (http://www.apperian.com7ea se) . . 44. A "Apple iPhone Kill Switch: Can CIOs Trust Apple?" (http://advice.cio.comitom_kaneshige/14415/apple_iphone_kill_switch_can_ciostrust_apple) . 2011-11-15. kill_switch_can_cios_trust apple. 45. A "The Palm Software Store has gone mobile" ( . 2009 01 31. . Retrieved 2009 12 02. 46. A "Microsoft Reveals New Windows Phones With Marketplace and My Phone Services" ( . Press Release. Microsoft. 2009-02-16. Retrieved 2009-02-27. 47. A "Ovi Store" ( . . Retrieved 2009 - 12 - 02. 48. A " RIM store crowned BlackBerry App World" ( . CNet. 2009-03-04. . Retrieved 2009-03-08. - - - - External links • The App Store on iTunes ( (requires iTunes) • App Store Downloads ( (iTunes not needed) • Official website on ( • Official iPhone developer site ( Retrieved from " " Page 230 3/26/2011 App Store - Wikipedia, the free encyclopedia Page 10 of 10 Rate this page View page ratings Please take a moment to rate this page. Trustworthy Objective Complete Well-written I am highly knowledgeable about this topic Categories: Apple Inc. services I IPhone I IOS software I ITunes • This page was last modified on 26 March 2011 at 19:04. • Text is available under the Creative Commons Attribution-ShareAlike License; additional terms may apply. See Terms of Use for details. Wikipedia® is a registered trademark of the Wikimedia Foundation, Inc., a non-profit organization. Page 231 3/26/2011

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?