[android-developers] Re: It seems easy to get rid of a competitor’s app

As far as I understand, these guys can remove any apps from the Play Store with minimal (or no?) risk for themselves – and there is nothing we can do about it. The next time they may remove your or mine apps!

 

Even worse, if they remove another app from you, then Google will probably also remove your developer's account, as they will claim that you have done a copyright violation more than once!

 

I have heard that the content of a DMCA complaint and a DMCA counter notification does not matter much. Such emails are probably not even read by humans at all. (Can that be right?). The only thing that matters, is if the "complainant" afterwards sends a notification that he intends to take the matter to court. Then the requested material is removed – regardlessly. As a court case can be very expensive, it is of course tempting for an app developer to skip it, and only say that the plans a court case. But that is abusing the DMCA takedown system, if I have understood it right.

 

I think it is pretty sad that we have come to this, that there are developers who use mafia like methods, and that Google does not seem to be interested in doing anything about it.

 

Now that we know about at least one developer who seems to have abused the DMCA takedown system again and again, I would had hoped  that Google could have a closer look at him, and make him pay the consequences. I think that it is his apps and his account which deserve to be removed. (It should not be too difficult to verify whether he has filed court cases or not.)

 

http://www.google.com/transparencyreport/removals/copyright/owners/12173/Zero-Noise-Apps/

 

This developer is now cashing in, with his paid app currently high on the "Recommended for you" list of the Google's Play Store. Made possible by getting rid of competitors, abusing the DMCA takedown system. This is not something Google should be proud of.

 

 

kl. 10:51:49 UTC+2 søndag 14. oktober 2012 skrev Terry følgende:

Two of my apps have been removed from the Google Play Store, (a free/trial version and a pro version of the same app).

A developer of a similar app asked for them to be removed. The reason for removal was given as "Alleged copyright infringement (according to the terms of the Digital Millenium Copyright Act)."

As I could not understand that my apps had violated any of his copyrights, I sent a DMCA counter notification to Google.

After a few weeks, Google replied:"If we do not receive notice that the complainant has brought a court action within 10 to 14 days, we will reinstate the material in question."

This made me full of hope. I assumed that it meant that Google had not accepted the request for removal, and I did not think that the meager economy associated with an app could be the reason to start a costly legal action.

After another few weeks, I received the following email from Google: "We are in receipt of your attached counter notification letter. Upon presenting the complainant with your counter notification letter, they responded stating their intention to take the matter to court. We will await your correspondence regarding the results of the court order before taking any further action."

I sent them another email, pointing out that I had had no information as to a court action, to which they replied: "Unfortunately we are unable to assist you any further regarding this issue at this point."

I still have heard nothing as to a legal action, neither from Google, nor the complainant or any court.

So, the conclusion of this unhappy affair seems to be the following:

if you want to remove some bothersome apps, you just have to complain to Google that your copyrights have been violated. If they do not agree, you just have to tell them that you intend to take the matter to court. (You don't have to carry it through.) Then they will remove the apps you are asking for.

Can it really be THIS easy to remove a competitor's apps?

Without any consequences?

Or is there something I have misunderstood?

In case anyone inside Google would care to take a closer look at this case, the reference numbers (for removals) are [#1121348892]  and [#1121348892] .

Regards, Terry

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