Copyright breach - how can I protect my IP

Discussion in 'Indie Business' started by DayDream, Jul 29, 2010.

  1. Bad Sector

    Original Member

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    Not really. If i contract some artist and he gives me ripped graphics which i don't notice and put in my game then i don't think that Apple should remove my games and not allow any future games of me. It wasn't my fault (practically i can't know if the graphics are ripped or not and all i can do is not use the same artist again) so i don't think all my games should be penalized, old *and* future.

    If the developer does that repeatedly (like in this case) though, then this is a different situation.
     
  2. Obscure

    Indie Author

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    Ignorance is no defence under law. You are still liable, but if someone did take action against you you would in turn be able to take action against the artist. Of course in the real world that wouldn't happen. The copyright owner would contact you, you would take quick action to remove the offending material and that would be the end of it.

    To prevent such a thing happening your contract with the artist should include a clear warranty that the work is original - not because you will sue them but just so they clearly understand that this is important.

    If it turns out that the graphics in a game (or the game itself) are copyright of someone else Apple shouldn't have to remove the game from the App Store - the developer should do it (as soon as they become aware of the infringement). If the developer doesn't remove it Apple certainly will because, once informed of the copyright infringement, they become liable. Distributing copyright infringing material is actionable even if the company doesn't know - once made aware of the infringement it becomes "willful infringement" which is much more serious.

    However I agree that Apple shouldn't terminate a developer account just on the first strike. As you say you might not have known. However a second offence should get you the chop.
     
  3. Bad Sector

    Original Member

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    I know what happens "in theory" but i'm talking what happens in practice :) - not many people even use real contracts for art, especially when they want to have things done cheap and fast. Of course picking random people from the net might not be a good idea for that anyway :).
     
  4. luggage

    Moderator Original Member Indie Author

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    Not really. How do you know there's any merit in the accusation? And if there is merit then how do you know it's deliberate? And why should Apple end an account based on an accusation that hasn't been backed up in a court of law?

    It's very risky ground for Apple.
     
  5. Nutter2000

    Original Member Indie Author

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    In my experience the Apple Submission team can be wildly random in what they pick up on or not.

    For example, with a recent update of mine (contract work) they manage to pick up and reject it due to a minor issue with the updated AppStore description, but totally missed the fact that the actual build was broken!
    Fixed the text and the accepted the broken submission :rolleyes:
     
  6. twobitart

    twobitart New Member

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    Maybe Apple will send you a free Bumper case as a consolation prize. ;)
     
  7. aiursrage2k

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    #27 aiursrage2k, Aug 13, 2010
    Last edited: Aug 13, 2010
  8. blinkok

    blinkok New Member

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    #28 blinkok, Aug 16, 2010
    Last edited: Aug 16, 2010
  9. DayDream

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    Thanks, Blink... This is the same game as the 'HeliAttack' taken off in February this year - incl. the ugly ufo addition - just with a new name.

    So basically apple allowed 2 apps with the same copyrightered and just taken off material to reappear just weeks later under new names...

    AttackTouch does not sit in a 3rd world country though but according to whois in sunny California.

    I sent out another lot of 'polite but distinct' emails to apple, itunes, twitter, facebook and the site host - this is getting ridiculous and utterly frustrating...

    Can anyone recommend a lawyer to write up some cease and desist to apple and AttackTouch?
     
    #29 DayDream, Aug 16, 2010
    Last edited: Aug 16, 2010
  10. Obscure

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    There is a list of IP lawyers at http://www.obscure.co.uk/directory/directory-legal/

    I would recommend you telephone Tom Buscaglia. He does a lot of work with indies.
     
  11. RichHW

    RichHW New Member

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    I'd recommend either Alex Chapman or Alex Tutty at Sheridans (http://www.sheridans.co.uk). They'll do it for a reasonable fee if you discuss costs beforehand, and in my experience a letter from them gets the job done.
     
  12. DayDream

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  13. AlexWeldon

    AlexWeldon New Member

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    Well, at least now it's ugly and no one will buy it.
     

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