Today, 12:31 PM
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Stats Tracker ?Join Date: Oct 2011 Location: Tempe, AZ Age: 25 Posts: 165 |
So yesterday I got an email from apple stating a competitor claimed that my app was too similar to his and that it should be removed from the app store. In his statement he claimed that he had not actually used my app but by the way my screenshots looked he could tell that my app "plagiarizes" his functionality, layout and appearance. Does apple even look at these claims before they send them out? Or am I just crazy to think that maybe someone might have to use an app to know that the app plagiarizes functionality, layout and appearance? Later in the letter he states that his sales have been hurt and that my app is ranked higher than his. he even states that I have grass in one of my backgrounds and so does he but on a diff page.... I guess he holds the copyright to having grass backgrounds on sports apps heads up everyone. idk this just blows my mind. I will keep you updated on the case. I have since written him back explaining that my app acts nothing like his and in fact has 2x the stats and features that his app has. I even offered to give him a promo so he could see that they are not the same. I dont know law that well and could be totally wrong but this just seems silly. If others could share their experiences that would be great. I am not sure what to expect but I will share how the process goes for me. If you want to check out how similar they are my app link is in my sig and his app is total baseball stats. |
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Today, 01:25 PM
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Registered Member ?Join Date: Mar 2012 Posts: 1 |
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to answer your question about if apple reads these, NO. any claims even false ones will suspend your app until you file a counter. so really any jackass can do this but they will be held liable if they don't hold any true rights. |
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Today, 01:32 PM
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Registered Member ?Join Date: Feb 2012 Posts: 42 |
Well, i m a lawyer in my country (Turkey) but i dont know there is any difference between Turkish IP Law and US IP Law. But let me try to help you basicly and fundamentally, 1-Whose app is first on iTunes ? 2-He has a registered patent or something like this ? 3-It is impossible to hold a grassed surfaced background for sport apps. Its unbelievable, if its so, i know many apps which has to be removed. 4-IP Law, accepts "inspiration". You may have inspired by something or his app(lets say you really copied him, i know you did not) Because of not to knowing legal terminalogy very well (workin on it), i cannot help you about writing a good answer to Apple, i m sorry for that. |
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Today, 01:33 PM
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Registered Member ?Join Date: Nov 2011 Posts: 214 |
The sad fact is that he is just a jealous competitor that is upset because your app is better than his. There are how many car racing games? How many soccer games? How many shooting games? GAMEPLAY is not copyright, he is just stupid trust me relax its no big deal. Email apple with a counter argument that HE copied the design of your app. Also dont try to reason with the other competitor, he is obviously bent on getting you out of the app store since he didint even talk to you first before contacting apple NOR did he even buy your app lmfao! So your ranking dont go up. Pathetic if you ask me. Counter their claim with your own to apple, and dont try to reason with them there is no point there are countless claims like this on this forum, in all cases the one upset that you copied the app, is usually someone very stubborn and irrational. BTW Thanx for the tip, I will not use grass ever again in my games |
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Today, 01:35 PM
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Registered Member ?Join Date: Nov 2011 Posts: 214 |
if you do nothing about this to apple, APPLE will remove your app from the app store. Its just how it is they wont bother to do anything about it. he claimed ownership first over this idea that you stole it, so they will most likely do what he wants UNLESS you do message apple. |
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Today, 02:21 PM
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Dev & World Traveler ?Join Date: Mar 2010 Location: SF, CA Posts: 2,005 |
Wow that's just sad if Apple would remove your app based on this baseless claim. What if you submitted a claim to apple also. Mutually assured destruction? |
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Today, 02:56 PM
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Registered Member ?Join Date: Oct 2009 Location: Los Angeles Posts: 1,278 |
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Today, 02:59 PM
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Registered Member ?Join Date: Jun 2009 Posts: 847 |
I'm pretty sure that Apple's servers just automatically send out the notice when someone fills in the complaint form - or some other similarly mechanistic process. Just lay our your case and email it to Apple. They'll respond that they can't intermediate between parties, but if this is as stupid as you say, I doubt you'll hear about it again. But, if it were an app of mine that was making money and the other guy became a pain, I'd ask my lawyer to explain to him how expensive it could get to defame me and risk my good standing with Apple. |
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Today, 03:03 PM
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Stats Tracker ?Join Date: Oct 2011 Location: Tempe, AZ Age: 25 Posts: 165 |
Hey guys thanks a ton for the insight. It blows my mind anyone could make a claim like this and apple would let it go this far. Their app was out first (in 2010) but there are no patents on their app they are just claiming I infringe on the copyright granted to them when they submitted the app to apple. The only email address I have for apple is the one which I initially received when getting this notice: AppStoreNotices@apple.com. I cc?d this address when I sent responses defending my app but I have not heard anything back from apple. Should I be contacting them another way like through itunes connect or by phone? |
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Today, 03:10 PM
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Registered Member ?Join Date: Aug 2010 Posts: 45 |
IANAL, but here are my thoughts... In order for copyrights to be violated it has to be a copy as in direct copy or derivate copy which is close in context to the original. Otherwise it is at best a patent and at worst a trade secret. Since this is about "look and feel" then I am going to rule out trade secret as a possible claim. Unless patents are mentioned your competitor is going out on a limb and trying to extort money out of you by threating legal action based on fraugulent claims. He can't possibly win unless you are lazy or stupid. Consider if you are particularly attached to the apps you have created which he is claiming "ownership" of, and see if he is interested in purchasing your IP, i.e. apps. Make sure you don't approach him asking for money, he has to be the one that proposes a monetary amount, and keep the negotions focused on "IP transfer". Also, do everything neccessary to keep Apple in the loop as far as your apps not infringing on any copyrights of his as much as the images and the app binary is concerned. Good luck. Here's to hoping he goes away or you win some other way. |
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Today, 05:51 PM
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Dev & World Traveler ?Join Date: Mar 2010 Location: SF, CA Posts: 2,005 |
Keep us updated so we know the outcome. We're all hoping this goes your way. |
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Today, 08:50 PM
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? #13 (permalink) |
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Registered Member ?Join Date: Feb 2011 Posts: 595 |
I can confirm that this copyright thing can be abused so easily.. I just made a bogus account last week and took down a random app easily... |
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Today, 09:45 PM
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Registered Member ?Join Date: Jun 2009 Posts: 847 |
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