Obviously people make these game guide apps to make quick money, therefore i HIGHLY doubt someone would invest their time on playing the game throughly to create a guide.
Even the guy a few posts about called it a 'hustle' lol..
lol someones gotta play thru the game by themselves and write the guide step by step!!
Call me crazy, but wouldn't it be FAR easier to just steer clear of infringing other people's IP rather than trying to test a threshold?
IP infringement complaints are not always "fair", as we've seen before many companies seem to use them as quick and easy ways to remove competition. Seeing as Apple seems to put the burden of proof on the accused rather than the accuser I would consider knowledge of their takedown process to be pretty valuable.
IP infringement complaints are not always "fair", as we've seen before many companies seem to use them as quick and easy ways to remove competition. Seeing as Apple seems to put the burden of proof on the accused rather than the accuser I would consider knowledge of their takedown process to be pretty valuable.
I'm not saying they are always fair or that we shouldn't be discussing it, but it seems that some people in this thread look to push it as far as it can go while knowing that they are infringing. (This was a reply to "how many complaints before apple shuts you down? I wonder if there is a threshold").
To me, the risk of destroying your major source of income isn't worth pushing it.
IP infringement complaints are not always "fair", as we've seen before many companies seem to use them as quick and easy ways to remove competition. Seeing as Apple seems to put the burden of proof on the accused rather than the accuser I would consider knowledge of their takedown process to be pretty valuable.
Well there's a difference between a false copyright claim, which is an offence itself, and an IP violation.
Those 2 follows different patterns so there's not really much to learn when someone is clearly using other IPs to make its game guides.
Beside, even in the case of false copyright claims all the examples that I've seen were very borderline, I've never seen an app removed when the copyright claim was totally false.
So if you are on the right side of the law (and more importantly for me, you are on the right side ethically) you shouldn't worry, if you are worried... It means something it's not quite right.
...I've never seen an app removed when the copyright claim was totally false.
There are numerous cases. google edge by mobigame. the shenanigans with "memory" trademark, not to mention tetris and monopoly "copyrights". there are also countless "smaller dev" vs "smaller dev" false copyright battles.
__________________ Game Pack - All-in-1 Game Pack Shinro - A combination of Minesweeper and Sudoku Nibbles - Remake of a classic snake game Hooptie Browser - Humorous web filter
There are numerous cases. google edge by mobigame. the shenanigans with "memory" trademark, not to mention tetris and monopoly "copyrights". there are also countless "smaller dev" vs "smaller dev" false copyright battles.
The edge guy lost his appeal, and it was also "fired" from IGDA.
No doubts there are loads of small battlegrounds but being on the right side it should be your priority N1.
The edge guy lost his appeal, and it was also "fired" from IGDA.
No doubts there are loads of small battlegrounds but being on the right side it should be your priority N1.
Yes, that's true, but the game wasn't available for a long time and the developer lost a lot of money. After that the game never gained the same popularity.
I don't disagree with you on your principles. All I'm saying is that in the real life the right guy doesn't always win.
__________________ Game Pack - All-in-1 Game Pack Shinro - A combination of Minesweeper and Sudoku Nibbles - Remake of a classic snake game Hooptie Browser - Humorous web filter
I've never seen an app removed when the copyright claim was totally false.
My understanding, based on Ray Wenderlich's post, is that once Apple receives the complaint, they allow 5 days in order to receive confirmation from the accuser that they are happy. If, by the end of the 5 days, they have not received said confirmation, they just remove the app to protect themselves from liability. It is down to the accused to parley with the accuser until the accuser is happy, as Apple will not arbitrate.
Now, in situations where the accused is not in a position to fight the accuser through the courts (too small, for instance) why would the accuser EVER resolve the dispute? When all they have to do is say "nope" to any concessions the accused may make for 5 days in order to remove a competitor.
I'll wager there have been hundreds of "totally false" copyright takedowns...
Last edited by RoryHarvey; 02-03-2012 at 04:34 AM.
My understanding, based on Ray Wenderlich's post, is that once Apple receives the complaint, they allow 5 days in order to receive confirmation from the accuser that they are happy. If, by the end of the 5 days, they have not received said confirmation, they just remove the app to protect themselves from liability. It is down to the accused to parley with the accuser until the accuser is happy, as Apple will not arbitrate.
Apple will arbitrate, there would been no apps in the app store if that was the case
Apple would require:
- A proof from you that you don't infringe any copyrights etc.
- If that's not possible _then_ they will ask the accuser if they are happy with your explanation.
Clearly because there are so many shades of gray and people working in there have got their own take on this you will read all sort different stories disseminated on the web.
But at the end of the day it's the same old story, somebody will get away with it, somebody will loose, somebody will cheat...
Apple will arbitrate, there would been no apps in the app store if that was the case
No, Apple really don't arbitrate. I am currently facing a false infringement claim and I tried to explain to Apple.
Their response was
"Thank you for your response. Unfortunately, Apple cannot serve as arbiter for disputes among third parties. Please contact XXX directly regarding your actions. You can reach XXX through: XXX (phone: XXX, email: XXX). We look forward to confirmation from both parties that this issue has been resolved. If this issue is not resolved shortly, Apple may be forced to pull your application(s) from the App Store"
Yeah that was my experience too last summer about a name infringement (there wasn't an app by that name on the store, but some dude who had a crap app was in the middle of renaming his app to what mine was - but he had the trademark on the word, I didn't (and didn't even realise it was a (tm) - naive!))...
Yeah that was my experience too last summer about a name infringement (there wasn't an app by that name on the store, but some dude who had a crap app was in the middle of renaming his app to what mine was - but he had the trademark on the word, I didn't (and didn't even realise it was a (tm) - naive!))...
I just changed the name of the app, informed the other party that's what I was doing, they said 'cool' and we all went on our merry way.
Went from 'Cartoonizer' to 'Cartoon Maker'
I notice now though that there are other apps with 'cartoonize(r)' as part of the app name, maybe it was us using it as solely the title that upset them?
I just changed the name of the app, informed the other party that's what I was doing, they said 'cool' and we all went on our merry way.
Went from 'Cartoonizer' to 'Cartoon Maker'
I notice now though that there are other apps with 'cartoonize(r)' as part of the app name, maybe it was us using it as solely the title that upset them?
No, Apple really don't arbitrate. I am currently facing a false infringement claim and I tried to explain to Apple.
Their response was
"Thank you for your response. Unfortunately, Apple cannot serve as arbiter for disputes among third parties. Please contact XXX directly regarding your actions. You can reach XXX through: XXX (phone: XXX, email: XXX). We look forward to confirmation from both parties that this issue has been resolved. If this issue is not resolved shortly, Apple may be forced to pull your application(s) from the App Store"
Anyone had similar experience?
It seems you have three options
1) Liaise with the accuser to resolve these "issues" until they are happy (yeah, right)
2) Write to apple asserting you own 100% copyright and infringe on no trademarks (If so be warned you may have to fight the accuser in court if they escalate things)
3) Do nothing, enjoy your remaining 5 days of income from the app before Apple pulls it and hope they forget about you.
2) Write to apple asserting you own 100% copyright and infringe on no trademarks (If so be warned you may have to fight the accuser in court if they escalate things)
This will work, I've seen many cases of false copyright claims that apple dismissed even if the accuser didn't agree (well clearly nobody is going to, they are also liable so that would be utter stupidity)
The main thing is, you really have to be 100% sure you didn't infringe anything.
1) Liaise with the accuser to resolve these "issues" until they are happy (yeah, right)
2) Write to apple asserting you own 100% copyright and infringe on no trademarks (If so be warned you may have to fight the accuser in court if they escalate things)
3) Do nothing, enjoy your remaining 5 days of income from the app before Apple pulls it and hope they forget about you.
The problem is the accuser is not responding to my emails at all. And not picking up phone calls...
The problem is the accuser is not responding to my emails at all. And not picking up phone calls...
Send an email to them "without prejudice" giving them a deadline to respond, 24 hrs or whatever, and claim that failure to respond indicates they consider the matter resolved. Then when they don't respond contact Apple and let them know the issue is resolved, then hope for the best.
If it's still good enough for Word, it's good enough for me 
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