On 20 October Kristopher Micinski wrote: "Is there any possibility that Google would spend enough money for tons of lawyers to protect you on an individual basis?" Probably not. But these cases almost never reach a stage where a lawyer is required.
Normally neither the developer who issued the bogus DMCA complaint, nor the developer who’s apps are removed have the economical strength to start a court case, or hire a lawyer. The bad guy counts on the fact that he will never be challenged – and normally he gets away with it. He gets rid of the competitor’s apps at no cost and little risk. As this case seems to indicate, many of the DMCA takedown cases are false, and they are not sent to any court, which is required in order to have the app in question removed (in this case) from the Google Play Store. Hence it would be easy for Google to check if such a takedown request is really registered with a court – or not – and not take the requested material down before that happens. If the developer who’s app is removed sent a complaint to Google, reporting that no court case has started, Google could reinstate the app. This does not involve any lawyers, and does not have to cost Google much. The result would be better conditions for the good guy developers, and may be it could also be arranged that the bad guys were punished (by Google) in some way. As far as I understand, the level of false DMCA takedown cases has reached new heights during the past year, and it is about time that something was done in order to stop this unwanted trend. Such a simple procedure by Google would save many developers from loosing their apps for no reason, and it would also serve as a warning for the bad guys, and hopefully the number of false DMCA takedown requests would be reduced. It is never too late (for Google) to start such a procedure. Use this example as a trial case, and check the removals caused/done by this bad guy. All info should be easily available. kl. 23:46:08 UTC+2 lørdag 20. oktober 2012 skrev Kristopher Micinski følgende: > On Sat, Oct 20, 2012 at 4:54 AM, Petersen <[email protected] <javascript:>> > wrote: > > 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. > > > > > > > Please read the developer agreement you signed. There is nothing in > it that says that Google has the responsibility to take legal action > on your behalf. > > Does it suck that this happens? Yes, it does. Is there any > possibility that Google would spend enough money for tons of lawyers > to protect you on an individual basis? I don't think that makes sense > for them, economically. (However, of course, you can argue they do > something for you legally, they routinely take quite a hit from > lawsuits against the Android platform from every major player..) > > kris > -- You received this message because you are subscribed to the Google Groups "Android Developers" group. To post to this group, send email to [email protected] To unsubscribe from this group, send email to [email protected] For more options, visit this group at http://groups.google.com/group/android-developers?hl=en
