In my example, the sued knife manufacturer is the app developer.
In your example, the sued knife manufacturer would have to be the Mobile Phone creator. You intended for it to be the App Developer.
Regardless, much like the point of a knife is to stab, the point of a tracking app is to surreptitiously track. When a murderer uses a knife to stab a human, the murderer is at fault. When a stalker uses a tracking app to stalk, the stalker is at fault. Not the creator of the knife and not the creator of the tracking app.
In my example, the knife is the app.
In your example, the knife is the phone.
In my example, the sued knife manufacturer is the app developer.
In your example, the sued knife manufacturer would have to be the Mobile Phone creator. You intended for it to be the App Developer.
Regardless, much like the point of a knife is to stab, the point of a tracking app is to surreptitiously track. When a murderer uses a knife to stab a human, the murderer is at fault. When a stalker uses a tracking app to stalk, the stalker is at fault. Not the creator of the knife and not the creator of the tracking app.