Does Apple’s iPhone App Killing Open It to Liability?

August 12, 2008

Fox Rothschild’s Mark McCreary was quoted extensively in the article, “Does Apple’s iPhone App Killing Open It to Liability?” which appeared on BNET on August 12, 2008.

The article discusses Apple’s confirmation that it can turn off an application on a user’s iPhone. Wondering whether such an action would open Apple to liability, author Erik Sherman spoke with McCreary in Q&A format.

Said McCreary, “there are very compelling reasons for Apple to suddenly take away an application. Apple may receive notice that the application violates some third party’s intellectual property rights….[or] determine that there is some feature or functionality that is in violation of the Apple App Store terms and conditions…”

McCreary goes on to say that Apple would have exposure if it “knowingly released an application that does harm” and that liability might arise “in connection with the refunding of a purchase price.”