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Am i being sued?!?!?!?!?!?!?!

KrazeeCracker

KrazeeCracker

Android Enthusiast
"Hello,

Google has been notified, according to the terms of the Digital Millennium
Copyright Act (DMCA), that your application(s) allegedly infringe upon the
copyrights of others. The details of the application(s) in question may be
found
at the end of this message. Please note that we have attached a copy of
the original notice we received for your reference.

The DMCA is a United States copyright law that provides guidelines for
online service provider liability in case of copyright infringement. We
are in the process of removing the materials that allegedly infringe upon
the copyrights of others. If we did not do so, we would be subject to a
claim of copyright infringement, regardless of its merits. See
DMCA - 99 Resources | EDUCAUSE for more information
about the DMCA, and see Google Help for the process
that Google requires in order to make a DMCA complaint.

Google can reinstate these materials into Android Market upon receipt of a
counter notification pursuant to sections 512(g)(2) and (3) of the DMCA.
For more information about the requirements of a counter notification, and
a link to a sample counter notification, see
Contact Us - Google Help

Also, please note that notices concerning content in your app may result
in action taken against any associated AdSense or AdMob accounts and
repeated violations may result in a suspension of your Android Market
Publisher account.

If you have legal questions about this notification, you should retain
your own legal counsel. If you have any other questions about this
notification, please let us know.

The affected application is listed below:

:mad:


Regards,
The Android Market Team"

I just got this email from them a few mins ago and my app is now removed from the market and my app is suspended. WTF!? Am i being sued? What do i do now?
 
Did you use someone elses copyrighted material? Mostly its just google saying they are CYA. You will probably be contacted by a lawyer if they want to take further actions. I hope you didnt take others work and make it your own.
 
Depends how similar your Drag Racing app is to Creative Mobile's Drag racing app... if you used any of their code.. look out! I haven't used either, but I sure do see a lot of apps that are almost identical! Glad to see Google is keeping an eye on things.
 
I didnt use there code. I made the app with buzztouch. I think the guy just didnt want competition. Because the other app from the other dev was taken down as well.......
 
Am i being sued? What do i do now?
Click to expand...

Based on the email, you are not yet being sued. I do not think it is likely that you will be sued. In most of these cases, the one who complained is satisfied that you are out of the market.

You can accept the loss of your app from the market or you can contest the fact that your app is infringing, in which case Google will probably reinstate your app in the market. This will increase the likelihood of being sued. Distributing your app outside the market will also increase the likelihood of being sued.

Would be good to consult a US based lawyer, and find out whether or not you are infringing someones copyright.
 
If you are 100% sure you didn't use any code or other elements from the other app, I would contest this and get your app back up. Apparently this happens from time to time on the market when a few apps that do the same thing show up, and one wants more money...
 
That's the beautiful thing about the DMCA. If you sound official enough, it's pretty easy to get anything taken down with a guilty until proven innocent charge. I'll stop there before I go off ranting... but given that RIAA is a major player behind the DMCA it springs to mind the question; did you unintentionally use sound bytes that may have been copyrighted?
 
tcat007 said:
Depends how similar your Drag Racing app is to Creative Mobile's Drag racing app... if you used any of their code.. look out! I haven't used either, but I sure do see a lot of apps that are almost identical! Glad to see Google is keeping an eye on things.
Click to expand...

IMO, Google aren't keeping an eye on things, they're reacting to anothers false claim because they are concerned about competition. Seriously, once you get your app back, you should take counter action on the developer of the app that claimed you plagerized them.
 
Can't really blame Google for this. They kind of have no choice when they receive a takedown notice, especially when the person does not fight back. If the OP was to file a counter notification, then they could put it back up without liability until the matter is settled. Otherwise, if they were to leave it up, they would be liable as distributors.


This draconian law was built that way.
 
frankz said:
Can't really blame Google for this. They kind of have no choice when they receive a takedown notice, especially when the person does not fight back. If the OP was to file a counter notification, then they could put it back up without liability until the matter is settled. Otherwise, if they were to leave it up, they would be liable as distributors.


This draconian law was built that way.
Click to expand...

Well, given that, I could have EVERY app removed from the Marketplace... Naw, I think Google have to take some of their own action before mindlessly removing an app because person B said it's just like theirs.

Cheers.
 
The problem is that Google becomes responsible if they don't comply with the request, according to this from the email:

We
are in the process of removing the materials that allegedly infringe upon
the copyrights of others. If we did not do so, we would be subject to a
claim of copyright infringement, regardless of its merits.
Click to expand...

Again, don't blame Google. Google is not judge and jury. They have no legal authority to decide that your app infringes (or otherwise). I'm sure they don't want the spend the time and money to do that either.

Blame the laws that allow us to have a stupid patent and copyright system.
 
Sombre said:
Naw, I think Google have to take some of their own action before mindlessly removing an app because person B said it's just like theirs.
Click to expand...

Sorry, but what you think is wrong. Read up on the US DMCA.

And, according to a lawsuit Google once filed, 57% of all take down notices are filed by a business competitor.
 
Well, no, I don't get it. Copyright is a STUPID thing in this day and age. You get d!ckheads like Cadbury trying to copyright the colour purple... Metallica suing their fans for listeing to their music and whoever has the fastest car to the patents office wins.
Phooey.
 
, I think Google have to take some of their own action before mindlessly removing an app because person B said it's just like theirs.
Click to expand...

Nothing Google can do about this.
 
So the only thing i found was that his app was released 3 weeks before mine. So what are my odds of being sued, even if i put my app up for free? I really want to get this app back on the market, my times blow the other guys away!
 
KrazeeCracker said:
So the only thing i found was that his app was released 3 weeks before mine. So what are my odds of being sued, even if i put my app up for free? I really want to get this app back on the market, my times blow the other guys away!
Click to expand...

Contesting it would likely get it reinstated. That being said, what the other dev will do can't be handicapped. You can either hope for the best (and that the dev is bluffing), or try to find a lawyer just in case. FWIW, if you're legit about not copying, I'm pulling for ya.
 
You need to file a DMCA counter claim:

Chilling Effects Clearinghouse

DMCA Counter-Notification -- Chilling Effects Clearinghouse

https://www.eff.org/

http://www.copyright.gov/legislation/dmca.pdf

Once the complaining party receives your claim, the DMCA permits your service provider, SFCC, to restore materials or access in 10-14 business days-unless the complaining party serves notice that it intends to seek a court order to restrain infringement.
Click to expand...
-http://www.southflorida.edu/policy/dmca/CounterClaim.aspx
 
Also, a person can go to jail for perjury for fake DMCA notices.

I'm not saying which dev here is correct. but that is the law as far as I know.
 
You should seek legal counsel if you feel you are in the right. After you do that ask the attorney about creating a LLC if you don't already have one. Otherwise suits like this one could be against you personally and you could lose things you may own like a house
 
Glad I found this post. He did the same thing to us. I do the coding for Drag Racing Elite Tunes. I have an email from him that you might be interested in.
 
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