Danny (![[info]](http://l-stat.livejournal.com/img/userinfo.gif){kind=small} dannybradbury) wrote,@ 2006-04-23 22:51:00 |
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Apple's PR faux pas
Apple's sniffy response to a nine year-old's letter offering suggestions for the iPod wasn't the best way to handle things. But the news report doesn't tell the whole side of the story. It's common practice in the US not to accept unsolicited ideas from individuals outside a company, for fear of being nailed in court at a later date by the sender, should you end up implementing the idea. Everyone has to be careful about the origin of their ideas now. Just ask Dan Brown.
Say in 2004 I sent Apple a letter saying 'Hey! You should introduce an iPod that uses a video screen for its entire user interface!" And then, say, in Q4 2006, Apple releases the thing, having come up with the same idea on its own and filed patents critical to it after I submitted my idea . If the company doesn't make it very clear from the outset that it is not reading or accepting my unsolicited idea, then I could try to sue it when the product hits the streets. Not that I'd succeed, necessarily, but I could try, and such a lawsuit could be a thorn in its side, especially if there were more claims like mine. So it has to play hardball, and send me a letter saying "We don't take unsolicited pitches. We're not reading this. Go away."
For examples of this policy check out none other than the copyright part of the web site for CBS5, the station that reported Apple's response to the kid's letter. The station's site carries the standard disclaimer that you'll see on the web sites of most production companies and TV channels with any legal sense:
So, Apple was doing exactly what it should have done, and what it outlines here, in its own policy on unsolicited submissions. The problem is that it did it to a young girl, thus making a PR faux pas. But how was it to know that the parents wouldn't sue on the kid's behalf, further down the line?
Like Usher says, Apple is an arrogant company in many ways. But these days it might be legally dangerous to "thank someone for the unsolicited advice and let them know it is certainly something they will consider." At least, it's dangerous if you're trying not to risk a court appearance later. Not that staying out of court seems to be something that Apple cares very much about these days, as long as it's in the litigant's chair.
The problem is that we live in an increasingly litigious society in which people are very happy to try and sue each other for the craziest stuff, and intellectual property violations are no exception. Now, Apple has revised its policy on responding to kids' letters. Whatever. The real issue here is that someone at Apple, and all the other companies that eschew user suggestions, really should work out a better way to engage customers rather than dismissing their suggestions, whether harshly or politely. How about a customer feedback form or commentable set of Apple employee blogs with legal disclaimers clearly stating that Apple cannot be later sued for stealing any ideas expressed? As far as I can see -- and perhaps someone will come along and correct me -- Apple doesn't even have any company-sanctioned staff blogs (further adding to its increasingly arrogant, insular image). Just how do you deal with the IP liability issue, in an age where everything is meant to be about customer conversations?
Apple's sniffy response to a nine year-old's letter offering suggestions for the iPod wasn't the best way to handle things. But the news report doesn't tell the whole side of the story. It's common practice in the US not to accept unsolicited ideas from individuals outside a company, for fear of being nailed in court at a later date by the sender, should you end up implementing the idea. Everyone has to be careful about the origin of their ideas now. Just ask Dan Brown.
Say in 2004 I sent Apple a letter saying 'Hey! You should introduce an iPod that uses a video screen for its entire user interface!" And then, say, in Q4 2006, Apple releases the thing, having come up with the same idea on its own and filed patents critical to it after I submitted my idea . If the company doesn't make it very clear from the outset that it is not reading or accepting my unsolicited idea, then I could try to sue it when the product hits the streets. Not that I'd succeed, necessarily, but I could try, and such a lawsuit could be a thorn in its side, especially if there were more claims like mine. So it has to play hardball, and send me a letter saying "We don't take unsolicited pitches. We're not reading this. Go away."
For examples of this policy check out none other than the copyright part of the web site for CBS5, the station that reported Apple's response to the kid's letter. The station's site carries the standard disclaimer that you'll see on the web sites of most production companies and TV channels with any legal sense:
CBS has a long-standing company policy that does not allow CBS to accept or consider creative ideas, suggestions or materials other than those CBS has specifically requested. It is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by CBS's staff might seem to others to be similar to theirown creative ideas, suggestions or materials.
So, Apple was doing exactly what it should have done, and what it outlines here, in its own policy on unsolicited submissions. The problem is that it did it to a young girl, thus making a PR faux pas. But how was it to know that the parents wouldn't sue on the kid's behalf, further down the line?
Like Usher says, Apple is an arrogant company in many ways. But these days it might be legally dangerous to "thank someone for the unsolicited advice and let them know it is certainly something they will consider." At least, it's dangerous if you're trying not to risk a court appearance later. Not that staying out of court seems to be something that Apple cares very much about these days, as long as it's in the litigant's chair.
The problem is that we live in an increasingly litigious society in which people are very happy to try and sue each other for the craziest stuff, and intellectual property violations are no exception. Now, Apple has revised its policy on responding to kids' letters. Whatever. The real issue here is that someone at Apple, and all the other companies that eschew user suggestions, really should work out a better way to engage customers rather than dismissing their suggestions, whether harshly or politely. How about a customer feedback form or commentable set of Apple employee blogs with legal disclaimers clearly stating that Apple cannot be later sued for stealing any ideas expressed? As far as I can see -- and perhaps someone will come along and correct me -- Apple doesn't even have any company-sanctioned staff blogs (further adding to its increasingly arrogant, insular image). Just how do you deal with the IP liability issue, in an age where everything is meant to be about customer conversations?
