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Old 11-30-2010, 02:34 PM   #25
Sonist
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Posts: 2,126
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Join Date: Oct 2008
Location: The sunny part of California
Device: Generic virtual reality story-experiential device
Quote:
Originally Posted by Logseman View Post
I think just the other way around. While it is Apple's business what comes in and out of the AppStore, and therefore I see no issue with them blocking the Android magazine, I wouldn't say Steve Jobs has any claim not to be reproduced as a doll. His name and appearance are not copyrighted though I'm sure he'd like that. Bullying companies into not producing dolls of him seems ridiculous IMO.
Uhm, you just turned the well established common law of right of publicity on its head....

Using a person's likeness for commercial purposes without their permission is a tort and SJ is perfectly within his rights to sue the doll maker and make them disgorge all profits, plus possibly collect other damages.

As to the banning th Android magazine app, sure, Apple is within its rights, but technically, by the same token, Google can refuse all Apple-related ads, and Amazon can refuse to carry any iPad-related magazines or books (because they compete with its Kindle). It's shortsighted and idiotic.
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