Problem is though Al this could damage your reputation and the reputation of your product.
If I download what I think is a "file manager" and it turns out to be the andappstore then I would class that as spam or worse something devious is going on. This being through no fault of your own, but the end use will not necessarily know that it is not you distributing the "file manager" and think you are at it. Is this a copyright infringment issue? or is it more misrepresentation of your product, that could damage your product/services/business? Mike On Wed, Jun 3, 2009 at 8:07 AM, Al Sutton <[email protected]> wrote: > > What prevents me is that we don't know what the intricacies of the DMCA are > and hence can't tell if it covers what we want to do or if there is some > clause which allows what has happened to take place. > > One big concern is the bit in the DMCA page which says; > > "Please note that you will be liable for damages (including costs and > lawyers' fees) if you materially misrepresent that a product or activity is > infringing your copyrights." > > And then an example of a product which was protected under a fair use > doctrine. I'm aware of differences in the UK and US definitions of fair use > (for example in the US you can backup a DVD under fair-use, in the UK you > cannot), but again the intricacies of the US definition on fair use are not > something I'm prepared to pay a lawyer to find out about when I know that > what's been done is a breach of UK copyright laws. > > At the end of the day as I've said before I'm not against people having the > app, I'm against a third party misrepresenting it, but if Google don't > provide a method which would help them clear Market up which doesn't expose > my company to liability for costs processing an inapplicable law, then well, > I'm just going to leave it alone. > > I'm aware that misrepresented apps dilute the value of Market, but I'm not > going to expose my company to a liability just to clear up a mistake they've > allowed to happen and don't provide a sensible way to correct. > > Al. > > -- > > * Written an Android App? - List it at http://andappstore.com/ * > > ====== > Funky Android Limited is registered in England & Wales with the > company number 6741909. The registered head office is Kemp House, > 152-160 City Road, London, EC1V 2NX, UK. > > The views expressed in this email are those of the author and not > necessarily those of Funky Android Limited, it's associates, or it's > subsidiaries. > > -----Original Message----- > From: [email protected] [mailto: > [email protected]] On Behalf Of Disconnect > Sent: 02 June 2009 20:37 > To: [email protected] > Subject: [android-discuss] Re: Copyright enforcement outside of the US > > > ..so that prevents you filling out their contact/takedown form? > > Or did I miss something here - does it say "only applicable in the > usa" at the top or something..? > > On Tue, Jun 2, 2009 at 3:17 PM, Al Sutton <[email protected]> wrote: > > > > Mike, > > > > As I have explained before, the DMCA is a law which is only applicable in > a > > US jurisdiction and may introduce conditions which are not relevant in > this > > case. The DMCA may be the best option if you're a US based, but as my > > company is a UK entity, trying to use a US only laws which is subject to > US > > only regulation is not sensible. > > > > Distributing the application is a breach of my companies copyright, the > > company is a UK entity, and the US has signed international copyright > > treaties, my company has the right to demand Google ceases distribution > of > > the offending material without the need to use a legal system which my > > company is not subject to. > > > > Al. > > -------------------------------------------------- > > From: "Mike Hearn" <[email protected]> > > Sent: Tuesday, June 02, 2009 6:02 PM > > To: "Android Discuss" <[email protected]> > > Subject: [android-discuss] Re: Copyright enforcement outside of the US > > > >> > >>> Google seem to think the DMCA applies to UK copyright disputes as their > >>> UK site says I must file a DMCA notice > >> > >> There's nothing magical about that form which makes it be ignored if > >> you're outside the US. Google has a procedure for filing takedown > >> notices, and it happens to be the form designed for DMCA compliance. I > >> suspect if you fill it out and submit it, things will happen even > >> though you're not American. > >> > > >> > > > > > > > > > > > > > --~--~---------~--~----~------------~-------~--~----~ You received this message because you are subscribed to the Google Groups "Android Discuss" 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-discuss?hl=en -~----------~----~----~----~------~----~------~--~---
