Also, section 3.8 of the Android Market Terms of Service covers unfair
competition law.  Encouraging 5 star comments on your app in exchange
for benefits to your users is clearly a method of spreading false
information for competitive advantage.

"3.8 You agree that Google and/or third parties own all right, title
and interest in and to the Market and the Products available through
the Market, including without limitation all applicable Intellectual
Property Rights in the Products. "Intellectual Property Rights" means
any and all rights existing under patent law, copyright law, trade
secret law, trademark law, unfair competition law, and any and all
other proprietary rights worldwide. You agree that you will not, and
will not allow any third party to, (i) copy, sell, license,
distribute, transfer, modify, adapt, translate, prepare derivative
works from, decompile, reverse engineer, disassemble or otherwise
attempt to derive source code from the Products, unless otherwise
permitted, (ii) take any action to circumvent or defeat the security
or content usage rules provided, deployed or enforced by any
functionality (including without limitation digital rights management
or forward-lock functionality) in the Products, (iii) use the Products
to access, copy, transfer, transcode or retransmit content in
violation of any law or third party rights, or (iv) remove, obscure,
or alter Google's or any third party's copyright notices, trademarks,
or other proprietary rights notices affixed to or contained within the
Products. "

- Mike

On Apr 28, 2:13 pm, Mike <[email protected]> wrote:
> Google Android Market TOS Section 3.4 states:
>
> "3.4 You agree that you will not engage in any activity that
> interferes with or disrupts the Market (or the servers and networks
> which are connected to the Market). You agree that you will not use
> any of the Products found on the Market in a way that interferes or
> disrupts any servers, networks, or websites operated by Google or any
> third-party."
>
> I would count artificially enhancing the ratings/ranking of your app,
> as well as posting spam comments on other apps as feedback to be
> engaging in activity that interferes with or disrupts the Market.
>
> - Mike
>
> On Apr 28, 12:34 pm, Ralf Schneider <[email protected]> wrote:
>
> > I just checked "World War". This game uses a referral system, too. The
> > generated codes look similar as the referral codes from PE. Wrold War has
> > over 250000 downloads as PE.
>
> > Unfortunately I think there is no easy solution to the problem for google.
> > Is a referral system really violating the TOS of the market? What can be
> > done to reduce spamming comments on other apps? Is it really illegal to ask
> > users to advertise your apps in comments for other apps? Is an automatic
> > solution possible to clean the comments?
>
> > The problem will get much more serious if other developers will follow. It
> > can ruin the whole comment system. On the other hand: If it work so well and
> > nothing is done against it, it would be silly to not to use a similar
> > system.
>
> > 2010/4/28 Robert Green <[email protected]>
>
> > > Just got another spam comment on one of my games, this time for a game
> > > called "World War"
>
> > > Also getting several pocket empires spam comments on my games.  Not
> > > cool.
>
> > > On Apr 28, 12:46 pm, Robert Green <[email protected]> wrote:
> > > > Oh wow.  I had no idea they were actively telling people to spam their
> > > > game on our games.  Here are some alleged quotes from the developer's
> > > > chat with some android users:
>
> > > > Pocket Play is the publisher of this game:
>
> > > > [4/18/2010 9:05:40 PM] Pocket Play: Could use some help advertising
> > > > our game on the market. I'll reward anyone who helps with 200 gems.
> > > > [4/18/2010 9:07:20 PM] Pocket Play: Basically, I need some people to
> > > > go to apps and post >>one time<< per app about our game.
> > > > [4/18/2010 9:07:24 PM] Pocket Play: So we can spread the news.
> > > > [4/18/2010 9:07:51 PM] Pocket Play: Not every app needs to be done but
> > > > just some.
> > > > [4/18/2010 9:08:43 PM] Pocket Play: Just post something like..
> > > > [4/18/2010 9:09:14 PM] Pocket Play: "Want an awesome online medieval
> > > > war game? Search up Pocket Empires in the market. 40,000 and
> > > > counting."
> > > > [4/18/2010 9:12:52 PM] Pocket Play: You have to rate it first
> > > > [4/18/2010 9:12:56 PM] Pocket Play: Rate everything you comment on 5
> > > > stars
> > > > [4/18/2010 9:26:02 PM] Pocket Play: all good.
> > > > [4/18/2010 9:26:10 PM] Pocket Play: Theres your 220, keep up the good
> > > > work
>
> > > > The quotes are from here -
> > >http://www.google.com/support/forum/p/Android+Market/thread?tid=173b4...
>
> > > > On Apr 28, 11:19 am, Ralf Schneider <[email protected]> wrote:
>
> > > > > The referall system together with users spamming other apps seems to
> > > work
> > > > > very well.
> > > > > If google is ok with it - How long until other developers will follow?
>
> > > > > 2010/4/28 jasont <[email protected]>
>
> > > > > > The game itself is quite good, it is very disappointing they have
> > > > > > resorted to spamming the Market and "cheating the system"
>
> > > > > > On Apr 26, 11:12 pm, cyxb <[email protected]> wrote:
> > > > > > > I just came across this on the Market support forum.  Looks like
> > > the
> > > > > > > developers are rewarding users that spam the Market:
>
> > >http://www.google.com/support/forum/p/Android+Market/thread?tid=173b4...
>
> > > > > > > On Apr 26, 8:47 pm, polyclefsoftware <[email protected]> wrote:
>
> > > > > > > > You also have the option to flag an app as inappropriate, which
> > > might
> > > > > > > > not be a bad idea.
>
> > > > > > > > On Apr 26, 8:06 pm, Zsolt Vasvari <[email protected]> wrote:
>
> > > > > > > > > When you unistall the game in Android Market, you have the
> > > option to
> > > > > > > > > mark it as spammy and give a reason why.  Instead of
> > > complaining on
> > > > > > > > > here, perhaphs being a bit more proactive could be helpful.
>
> > > > > > > > > On Apr 27, 4:29 am, Mike <[email protected]>
> > > wrote:
>
> > > > > > > > > > I agree with Robert.  I really hope Google will take a
> > > serious look
> > > > > > at
> > > > > > > > > > this as it undermines the trust of the rankings and ratings
> > > > > > associated
> > > > > > > > > > with any app in the market.
>
> > > > > > > > > > It bothers me that the spamming seems to have started more
> > > than 10
> > > > > > > > > > days ago, and nothing has been done.  PE is now the number 9
> > > ranked
> > > > > > > > > > game in the market.  This just shouldn't have happened, but
> > > it did.
>
> > > > > > > > > > Can anyone at Google that can speak to this please do so?
>
> > > > > > > > > > Regards,
>
> > > > > > > > > > - Mike
>
> > > > > > > > > > On Apr 26, 1:19 pm, Robert Green <[email protected]>
> > > wrote:
>
> > > > > > > > > > > Ok, just like how telling people to click on your ads is
> > > against
> > > > > > the
> > > > > > > > > > > ToS, I believe that telling users to give you a 5 star
> > > rating for
> > > > > > any
> > > > > > > > > > > reason should also be.
>
> > > > > > > > > > > On Apr 26, 12:57 pm, Ralf Schneider <
> > > [email protected]>
> > > > > > wrote:
>
> > > > > > > > > > > > I installed the game. After installation there was a 
> > > > > > > > > > > > text
> > > box
> > > > > > "suggesting"
> > > > > > > > > > > > to give 5 stars for the game to be the first game to 
> > > > > > > > > > > > have
> > > a 5
> > > > > > star rating.
> > > > > > > > > > > > I gave 1 star. I don't like to be "manipulated" to giva 
> > > > > > > > > > > > a
> > > good
> > > > > > rating.
> > > > > > > > > > > > Uninstalled it.
>
> > > > > > > > > > > > 2010/4/26 Mike <[email protected]>
>
> > > > > > > > > > > > > Hey Zero,
>
> > > > > > > > > > > > > Any idea on how Pocket Empires has managed to go from 
> > > > > > > > > > > > > a
> > > zero
> > > > > > in the
> > > > > > > > > > > > > rankings to number 25 in less than a few weeks?  Seems
> > > a
> > > > > > little
> > > > > > > > > > > > > questionable to me based on the amount of spam being
> > > left on
> > > > > > all of
> > > > > > > > > > > > > the other top 50 apps and games promoting your game.
> > >  More
> > > > > > > > > > > > > questionable still is the near constant amount of
> > > positive 5
> > > > > > star
> > > > > > > > > > > > > feedback being left on Pocket Empires itself with
> > > nearly the
> > > > > > same
> > > > > > > > > > > > > content.  I'll stop short of accusing the own Pocket
> > > Empires
> > > > > > team of
> > > > > > > > > > > > > purposely manipulating the Android market ratings
> > > system in
> > > > > > order to
> > > > > > > > > > > > > promote the game, but it seems very suspicious and,
> > > might I
> > > > > > say, a bit
> > > > > > > > > > > > > slimy and underhanded.
>
> > > > > > > > > > > > > - Michael
>
> > > > > > > > > > > > > On Apr 1, 10:03 pm, ZeroCool <[email protected]>
> > > wrote:
> > > > > > > > > > > > > > Big thanks to Android Team.
> > > > > > > > > > > > > > I couldn't have done it without the help of you 
> > > > > > > > > > > > > > guys.
> > > > > > > > > > > > > > If anyone is interested, search 'pocketempires' or
> > > 'pe' in
> > > > > > Android
> > > > > > > > > > > > > > Market.
>
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