Android's supposed to be all about peace, love, and openness, but that apparently doesn't exempt it from copyright law and trigger-happy general counsels (who knew?). In a move that should come as absolutely no surprise to anyone, Palm has sicced its legal team on the makers of the aptly-named "Palm Pre Android Theme" that borrows icons, wallpapers, and mojo (not to be confused with
Mojo) directly from
webOS. The concerns center around the usual suspects -- graphics copyrights and trademark infringement -- and the company is demanding that they cease use of the Pre's interface, name, and all that good stuff by some date that's been redacted from the leaked letter (we're assuming it's soon). To be fair, Palm comes out and says that it "appreciates that imitation is the most sincere form of flattery," but at the end of the day, they're concerned about the potential for consumer confusion. Interestingly, to the best of our knowledge, they haven't given the
iPhone-based theme the same treatment -- but hey, maybe it's easier to confuse a
Hero with a Pre than it is an iPhone... or something.
[Thanks,
Justin]
posted Aug 12th 2009 12:49PM
android doesn't support multi-touch does it?
Actually, yes, it does(see HTC Hero for proof). But thanks for your completely irrelevant comment!
And here I've been waiting for an app that would make my HTC Touch Diamond Windows Mobile device run like a Palm Pre with the cards and all. Very much like what TealOS brought to the Palm Centro before palm pulled the plug on that one. Anything out there?
Oh don't get your panties in a wad. Especially when so much of the interface of WebOS revolves around multitouch, and obviously Android did not support multitouch at one point. By the way if WebOS was not announced in Jan. I would have probably been an Android guy.
Err, no, Android itself does not support multitouch, and won't until Eclair at the earliest. The multitouch in the HTC Hero is a custom job by HTC.
G1 rooters have had multitouch since Jan.
@bluemonq
err, search before you post. multi-touch is built into the framework. it's just not "enabled" by default so say in part to the then relationship with apple and their patent claims.
why is everyone so far off topic. thanks grandmajamma
last I heard from the mods at xda, no one at palm contacted them directly with any C&D letters so they said until then, they don't consider the threat legit. there most likely would not have been a problem except for l3wish had an ad supported site and commercial looking graphics.
I don't use palm for years.
Lol.
Lucky, mine are hairy as hell.
Maybe it's cause both the G1 and the Pre are sliders? At any rate it's not surprising they're laying down the ban hammer.
Well they aren't cracking down on the iPhone themes...
Well, at least they're not laying down the Jan Hammer.
Only jailbreaking cyber criminals can use iphone themes.
I don't think palm is concerned with those types...
Is it just me or is "android theme" kind of sideways?
OH SCHNIKEYS! the world does go around doesn't it Palm? Trying to protect your so lovely theme yet you won't respect Apple from locking you out of iTunes! HAHAHA!
there is certainly some irony here.
No, there is no irony. The theme is using Palm owned artwork, not connecting to the Pre in some way Palm didn't want. There is a huge difference. As an avid Linux user, I understand the need to protect your identity. You can't fork Firefox and call it Better Firefox. Likewise you can't use the Firefox logo in your forked Firefox. It is fair. However most of the artwork in the browser itself is open. Palm, on the other hand, does not openly distribute their OS under the GPL. Some of it is open sourced, but the main interface is not. So it is completely fair to say "Hey, don't use our artwork, we paid good money to have that drawn up for us!"
I'm not sure how much of their claim is how it functions, but I'd imagine if all the artwork was original, Palm would not mind it feeling like WebOS as long as it was clearly NOT WebOS(although they may have somepatents that protect their card based application switching, I don't know).
yes there is no irony here. people just don't understand intellectual property laws.
Nor how to use the provided and openly accessible API's as opposed to hacking other people's intellectual work.
So there is no irony in Android pretending to be a pre and a pre "Pre"tending to be an iphone? And palm getting in a huff over it?\
Hah, the irony. This from a company that spoofed another company's USB id to take a "ride" on their music management software.
To be somewhat fair, they were misusing the USB id to begin with, but I see your point.
Which is way worse for Palm that is, since it could cost them their USB license.
wow its a theme Palm. They are not selling it. There are tons of themes for the G1, there are even quite a few iphone themes. I don't see anything infringing about a flippin theme.
It's not the theme, it's that this theme uses RIPPED graphics from the pre. And those graphics are palm's property.
Ripped? Pre didn't pull the plug because of artwork being "ripped from their rom", but because this _imitation_ could lead to some confusion.
But where is Apple and their army of lawyers when iPhone-like skins is made every day?
taking down information for an invasion like assault of suing.
they are ....dickheads.
Palm seems to be picking and choosing. Why not the Iphone also? Seems very suspect.
The iPhone UI is not theirs to protect.
oh but Palm is ok with making the Pre imitate an iPod to use iTunes?
hypocrites
that was my thought exactly. i love when companies pick and choose which copyrights are meaningful.
But that is not their intellectual property, Apple should take care of that. This is entirely different.
Palm: Just Die Already!
I'm sure they have similar sentiments about you too :)
Touché
you can see HTC HERO (sense) on HTC Magic G2 on http://www.ilogan.info/l%e2%80%99interface-du-htc-hero-sur-votre-htc-magic-g2/
Now that's what I call innovation!
Palm also did this with a theme for the Instinct by d0lp1nK1ng. Seems silly.
OH THE HUMANITY. And Apple isn't even involved! What are the Apple haters gonna do???!!!???
Teabagging their iPhones to see if multi-touch works that way.... Apple probably patented that idea already. :)
Suckle the fruit (including an attempt at itune syncing) and give the Bot the boot? Yea, thats smart. Considering the migration from an Android based device to Pre is a more "natural" progression. Especially when a Pre GSM version shows up. DICK MOVE!
PS Hey Palm suits, don't cut of that face to spite your nose... Be faltered and hope the droids turn into Pre customers...
flattered (stupid auto spell check)...
well, goodluck stopping the spread of those themes on blogs, download site, theme sites, torrents, etc.
and stopping an image posted on the internet from spreading? yeah right.
Perhaps that's the plan. They don't really care, but its an excuse to be in the news again..
Ha damn, I had to look really close at that picture to realise it was a G1 and not a Pre!! It was only when I saw the T-Mobile tag at the top that I realised! I can see where Palm's coming from!
\sarcasm
I had to look really hard at this comment to know you weren't serious!! It was only when I saw your markup that I realized! I can see where random guy about to roll his eyes at you and explain the obvious physical differences will be coming from!
/sarc....
/imitation as sincerest form of flattery
Palm welcome to the world of open source, where everyone feels entitled to your hard work and don't you dare try to defend yourself or else you become the devil. Just sit back and let them pick your work to the bone and be happy like they want. PS don't forget to make it free, they love not having to pay for jack$*it
"Consumer confusion?" How? Is the Palm Pre theme the default theme on the G1? I see plenty of Linux skins copying stuff from OS X and Windows. Should Palm actually be happy that someone did this? I mean it would spark more interest on the Pre. "Hey, that UI seems nice. What is it called?" "Oh, It's from the Palm Pre."
But i thought WebOS was open source. o_0
No sir!
Pre > iphone. This changes nothing.
Hero > Pre
I can have relevance please
If it's not running the Mojo framework...and interacting with the device's hardware through javascript and built the same way with cards...It's no Pre. It just looks like one. Swiping probably brings up a menu...but I'm not sure the "cards" will look the same at all. Further, the Mojo framework (while it probably could be ported to Android) won't control the phone's hardware...but probably could get the card actions. Probably a good deal of work to do all that though.
I'm going to assume this is just a themed look and the functionality is that of Android.
Interesting that Pre is pursuing this because what people do their phones its their own prerogative. You can make your Windows Mobile phone look like an iPhone...You can make your Android look like a Pre. At the end of the day...No store sells the phones with these themes (so a customer walking into a store won't be confused) and the phones interfaces all operate differently.
Sounds weird, but I do get the consumer confusion part to a degree.
What kind of monkey would use the Pre look on their Android? Pre sucks balls.
I loved the Palm Pre theme! There were never any bugs in it or anything!
Palm Pre Theme ---- RIP
According to Palm:
Questionably legal use of Palm's Theme: NO WAY!
Questionably legal syncing of the Palm Pre with Apple's iTunes: A OKAY!
Is Kim John Il on the Board of Directors for Palm or something?
I thought Imitation was the greatest form of flattery. Palm should be happy that Android wants to be a Pre :)
Good heavens, we wouldn't want to give consumers the mistaken idea that an Android device could behave much like a Palm Pre, would we? That would be confusing and terrible! I mean, that's almost like giving people the impression that the Palm Pre could behave like an iPod or iPhone, and we know Palm is very much against that!
Hmm.. Palm has been copying iPhone's interface and piggybacking iTune's sync. And they are suing for their silly wallpaper? With Palm losing money quarter after quarter, they are desperate for media attention!
Does someone have a link?
The last sentence in this post needs re-writing.
The app may still be available in the iPhone's App Store, but the video on You Tube is not.
"This video is no longer available due to a copyright claim by Palm, Inc. ."