This is not legal advice. I actually am a lawyer, and these copyright violation claims are very shaky. Basically, they have a copyright to the exactly worded source code. So if they wrote "int numTetrads = 50" and you wrote "int numBlocks = 50" you would not be infringing. You need to copy, wholesale, a portion of their code in order to infringe on their copyright. Further, they have trademarks on the "look and feel" of colors/blocks and a trademark on the name "Tetris". So technically, according to the law there is no claim. With that said, if they have a good lawyer and are in front of a retarded judge, then maybe they can go somewhere with this. They also have NO software patent claims, nor allege any. Even if they DID have a software patent, software patents are under a lot of scrutiny, and it probably would not take too much to get it invalidated.
On Apr 13, 10:43 am, Sundog <[email protected]> wrote: > Anyone who is surprised by this must be very, very new to the > programming game. I've been waiting for this since the store opened. > > IMHO, to the extent that the Android community becomes a proxy for > those that think All Ideas Should Be Free And Stealable, that is the > extent to which Android will never be a real grown-up operating > system. > > On Apr 7, 8:43 am, "[email protected]" <[email protected]> > wrote: > > > On Saturday April 4th, I received a message from google saying that my > > game "Robotic Space Rock" was pulled from the android market after a > > request made by a legal firm representing an entity known as Tetris > > Company. My application was removed from the android market together > > with Blocks, Cubik, Net Tetris, Netblocks and Tetroid (6 apps in > > total) under claim that it violates the DMCA and more specifically > > trademarks and copyrighted material owned by the Tetris Company. > > However, none of the trademarks or copyrighted material (music, > > graphics and sound effects) are present in my game. Sound effects and > > music were created by me specifically for the game. There is no > > reference to the word tetris in the game. Additionally, all the game > > code, graphics and sound effects were created by me and published on > > the code sitehttp://code.google.com/p/monolithandroid > > > Additionally, I am not aware of a software patent covering the game > > mechanics of Tetris, so I cannot see how I could violate something > > that is not protected by a software patent. Also, even if the game was > > protected by a patent, the patent would have expired, since the > > original game, Tetris, was created 23 years ago. However game > > mechanics cannot be covered by patents. > > > I would also like to point out that my game is available completely > > free of charge to every user of the android market. > > > I wrote those concerns to Google and I sent an email to the EFF. The > > bottom line is that for my application to be restored on the android > > market, I have to send a DMCA counter-notification. And then the > > Tetris Company can sue and take the case to Court. > > > When games were pulled from the iPhone App store, they blamed apple, > > but it is not hard to see that behind application removals we can find > > companies like the Tetris Company, that demand application removals > > claiming copyright infringement and trademarks. However, it is not > > easy to battle these companies as individual developers. I, for > > example, am a Greek citizen living in Greece, so it is difficult for > > me to file a counter-notification, because then the Tetris company > > will probably sue me and I will have to defend my case in court. Why > > should I bother? Am I making money out of the game? No! But even if I > > did you can see how easy it is for corporations to neutralize > > developers like that. I think that something should be done. > > Independent developers should get together to battle against such > > misuse of the law by corporations. > > And to those that want more facts, you can find more details on my > > blog:http://tkcodesharing.blogspot.com --~--~---------~--~----~------------~-------~--~----~ 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 -~----------~----~----~----~------~----~------~--~---
