Apple Inc. v. Amazon.Com, Inc.

Filing 47

Declaration of Thomas R. La Perle in Support of 45 Reply to Opposition/Response filed byApple Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Related document(s) 45 ) (Eberhart, David) (Filed on 6/8/2011)

EXHIBIT 5

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In Amazon’s Android Appstore, FatFingering Will Cost You — Literally
MG Siegler
Mar 24, 2011
A couple days ago, in writing up some thoughts on Amazon’s new Android Appstore, I noted
that the app buying process may be a little too easy. You see, just scrolling through the feed of
apps, I accidentally clicked a buy button. That immediately triggered a transaction. And guess
what I found out today? There are no refunds.
You might not think this is a big deal because while the Android Market gives you 15 minutes to
get a refund (down from 24 hours) Apple’s App Store also technically doesn’t have an app
refund process (though you can get one if you jump through some hoops). But there’s a big-little
difference between the App Store and the Appstore (besides the tiny name difference, that is):
an entire click.
In the App Store, it’s actually two clicks to buy an app. You first click click on the price, and then
the button turns into the bright green “Buy Now” button. It’s only after this second click that the
transaction happens. This more or less stops mis-clicks. Further, if you haven’t been browsing
the store in a while, they’ll prompt you to re-enter your password before you complete a
purchase.
In the Appstore (again, Amazon’s version), it is literally one click. If you touch the screen in the
wrong place — whoops — you just bought an app. Of course, this is assuming you have one-click
purchasing turned on. But if you do on the web, you will in the Appstore. That’s what happened
to me. It’s super-convenient when it works. And super-annoying when you make a mistake.
On Amazon’s website, one-click is great because it greatly speeds up the buying process. But
since most of the things you buy on the website are tangible things that have to be shipped, it’s
relatively easy to cancel a mis-click. Not so in the Appstore where there is nothing to ship.
And it wouldn’t be a huge deal except for the fact that Amazon isn’t offering app refunds. How do
I know? Because after some digging on Amazon’s website to figure out how to possibly get a
refund, I had to send an email about my erroneous charge. (For the record, they did erase my
charge, but indicated that they were making a one-time exception in doing so.)

http://techcrunch.com/2011/03/24/amazon-appstore-refunds/

6/8/2011

Page 2 of 2

Long story short, if you’re prone to mis-clicking on touchscreen, make sure one-click purchases
are turned off on Amazon. Otherwise it will cost you — literally.

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6/8/2011

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25
Mar

2011

10:48am, EDT

Amazon Appstore makes
accidental purchases too easy
By Rosa Golijan
It can take just one click or tap to purchase an app in Amazon's new Android
Appstore. On one hand that's convenient, but on the other it means that
accidental purchases are far too easy to make.
TechCrunch's MG Siegler discovered just how easy it is to accidentally
purchase an app when he managed to do so while merely scrolling through
the Amazon Appstore on his mobile device.
As a seasoned tech writer, Siegler's certainly not unfamiliar with the way
similar services are laid out so we sincerely doubt he made the purchase out
of confusion — and he does not appear to have abnormally large hands or
fingers, so we can't blame his purchase on that either.
Instead it was a matter of simply accidentally tapping the wrong spot while
one-click purchasing is turned on.
"But hang on a minute," you're shouting right now. "He had one-click
purchasing turned on! Must be his own fault then!"
Not exactly. The purchase settings for the Amazon Appstore on your
touchscreen device match those of the Amazon Appstore on your computer —
meaning that you'd have to sacrifice convenience to reduce the risk of
unwanted purchases:
In the [Amazon Appstore], it is literally one click. If you touch the screen
in the wrong place — whoops — you just bought an app. Of course, this is
assuming you have one-click purchasing turned on. But if you do on the

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web, you will in the Appstore. That’s what happened to me. It’s superconvenient when it works. And super-annoying when you make a
mistake.
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On Amazon’s website, one-click is great because it greatly speeds up the
buying process. But since most of the things you buy on the website are

Page 2 of 5

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tangible things that have to be shipped, it’s relatively easy to cancel a mis
-click. Not so in the Appstore where there is nothing to ship.
So the lesson? Lose some convenience and turn off one-click purchasing if
you want to avoid accidentally buying an app — because despite the
exception made in Siegler's case, there are no refunds on such purchases.
Either that or avoid the Amazon Appstore until purchase settings on mobile
devices can be different from those on the Web.
Related stories:
•

Sneak peek: Amazon Appstore

•

Android apps may overtake iPhone's in a year

•

Apple exceeds 10 billion apps downloaded

Rosa Golijan writes about tech here and there. She's a bit obsessed with
Twitter and loves to be liked on Facebook.

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Amazon Appstore switches to double click to buy | PlayMobile

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Amazon Appstore switches to double click to buy
Posted by at 09:03 PM on 28, May 2011

The Amazon Appstore has a small update. The software shop
had to do with complaints from users, which by the 1-click ordering process something too easy an
app could buy. That resulted in a lot of unwanted purchases: immediately after clicking the app
instantly began to download. To an app you need to buy now in an additional step to give permission.
That means you now need to do two clicks, just like the normal Android Market, where you further
consent must give certain permissions to the app. The Amazon Appstore is with the update to 1.14
also become more stable, there is improved support for Android 1.6 and control what Free App of The
Day there ready became better.
People who already use the Appstore get a push notification that an update is ready. You can also use
the settings of the app a manual update-check run. As is well known is the Amazon Appstore
officially available only in the u.s., but you can get there from Netherlands also make use of it, if you
really like.

http://www.fetxin.com/2011/05/28/amazon-appstore-switches-to-double-click-to-buy/

6/8/2011