A teenager who used his father’s email address to join the Apple developer program has been identified as the creator of the Chopper Soundboard app, which has lead television production company Jigsaw Entertainment to launch legal action against Apple.
But the legal team pursuing the case says it has no interest in suing the individual developer, instead saying it will go after Apple for not handing over any information about the app and failing to identify the alleged copyright infringement in the first place.
The Chopper Soundboard app used soundbites from a Jigsaw Entertainment sketch show, the Ronnie John’s Half Hour. Specifically, the app uses quotes from Heath Franklin while performing his popular impersonation of Chopper Reed.
“If the developer really is underage, we don’t want to see him in any trouble, we understand that particularly young people need to be educated about IP rights.” Truman Hoyle partner Hamish Fraser, who is representing Jigsaw, told SmartCompany.
“He’s a minor, so our issue is not really with him.”
Fraser says one of the biggest issues at hand is the fact apps are being made by anonymous developers, and communication with these developers is nearly impossible when Apple declines to reveal any information about them.
“It does raise an interesting issue though – Apple potentially has no idea who their developers are. Someone might perhaps tick a box saying they are over 18, or simply submit an app from an email address, but who really knows who they are, and of course you have difficulties enforcing contracts against minors.”
The developer is only known by his handle, “TheKeeganator”. He is a member of a number of Mac-based online forums, but none of them reveal any of his personal details.
While Jigsaw won’t target the developer, Fraser says it will be pursuing Apple for not identifying the app’s alleged copyright infringement, and allowing it to be sold. Even though chief executive Nick Murray contacted Apple in late June, along with a formal letter sent by Fraser on July 1, Jigsaw has received no communication from the company.
Fraser also says Apple did not take the application in question off the App Store until about July 7-8, well after both parties contacted the tech giant.
“We sent letters to Apple informing them that this app was infringing Jigsaw’s copyright. We asked them to pull it down, and as far as we can tell, they didn’t pull it down for two weeks and they still haven’t responded to Jigsaw.”
However, he points out Apple must know about the alleged copyright infringement because it contacted the developer’s father, who subsequently contacted Fraser.
Jigsaw says the app infringed its copyright, and even damaged its reputation. The app itself had a number of bad reviews, criticising the poor sound quality of the clips and the overall production values.
“The issue now is, we just don’t know what’s happened with this app and Apple aren’t saying anything. It’s clearly an unauthorised use of Jigsaw’s copyright, and for all we know this app could have sold thousands of copies. Now, it probably hasn’t, but even if it hasn’t, feedback on the app at the iTunes Store said this was a very poor product and that sort of feedback is very damaging to my client’s brand.”
“The fact that Apple is potentially profiting from this is also a concern. Apple is presumably an ethical company, but it seems they shut up shop when something like this happens.”
While Jigsaw doesn’t want to pursue legal action, Fraser says the company is weighing up its options and Federal Court proceedings are one of them.
“My client doesn’t really want to pursue Apple through the Courts, but this situation leaves Jigsaw with some unattractive options. Had they responded earlier, we wouldn’t have this problem, but this apparent stonewalling is particularly frustrating.”
The legal battle has sparked a debate between developers over which parties should be responsible for ensuring programs to do not infringe copyright.
Apple is yet to respond to SmartCompany‘s requests for comment.
Patrick Stafford is a freelance journalist and a former deputy editor of SmartCompany.
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