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Yes, the same approach is taken for example by Facebook. If there's a complaint, Facebook will first freeze an account and only unfreeze it after the dispute is
by jan_g 14y ago
Yes, the same approach is taken for example by Facebook. If there's a complaint, Facebook will first freeze an account and only unfreeze it after the dispute is resolved (by the parties themselves or legally through court). Shoot-first-ask-later approach.
I don't know why this is prevalent approach, since 90% of the time it's the big companies initiating disputes. So small companies are taking the hit.
- regularfry 14y agoMy guess is that it's laywers being paranoid. If Apple didn't stop the app from being distributed when they were notified of a problem and a court later upheld the complaint, they might be sued for contributory infringement, or whatever the relevant patent term is.
- elehack 14y agoWe have a solution for this: preliminary injection. IANAL, so perhaps this is still opening up for lots of liability, but I'd much prefer Apple say "You want it taken down? Ask the judge for a preliminary injunction. Until then, go away." Preliminary injunctions are the due process mechanism for causing the action to cease while it's litigated rather than continue. They, not Apple's whim/decision/liability-aversion, should be how this kind of thing happens IMO.
- regularfry 14y agoPrecisely.