On Sep 10, 3:32 pm, JP <[email protected]> wrote:
> Off the cuff I would speculate that operator of Android Market takes
> action only after receiving DCMA takedown notices for particular apps.
>
This is my suspicion also.

I am not a lawyer, but I did go to a class taught by a real lawyer.

If Google doesn't actively police the market, but responds to a DMCA
complaint, it can claim exemption under DMCA for user generated
content.

If however, Google does screen apps and misses some apps that violate
trademarks, there is an opening for Google to be held liable.

Because of the way the law works, it tends to encourage either zero
moderation, like in the Android Market, or tight approval process like
in the Apple App Store. There isn't much in between.

Nathan

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