August 19, 2010 at 18:02RIP "Well, wait a minute!" or a story about copyright
This story is not sad, not instructive, and not loud.
This is just a real story about the fate of a single iPhone application.
If you are a beginner developer for the iPhone (or other mobile platform) and you have come up with an idea like “if I shouldn’t make this toy from my childhood”, then this article may be useful for you.
If you just love to read about the fails of others, also welcome to cat.
A few years ago, I wrote the port of the old toy, “Wait a minute!” under the iPhone.
A year later, I brazenly propiarilsya Habré , for which even got an invite.
In comments, people asked quite expected questions “what about copyright?”.
Someone said that the rights to the wolf and the hare belong to Soyuzmultfilm, but I myself answered "if you dig deeper, the rights to this game belong to Nintendo ."
If only I knew how prophetic my words were.
A few weeks ago I received an email from the Apple AppStore Team.
I was calmly and politely warned that a number of my applications were suspected of violating copyright (copyright infringement in the original). The following was the original letter from Nintendo with a list of applications (not only mine, only about 12 pcs.)
I saw it in the list of competitors with a bit of gloating :)
I was advised to contact Nintendo directly and provide Apple with written confirmation that the applications do not infringe on anyone's copyright . They gave everything about everything for 5 days, after which the applications can be removed from the AppStore.
Frankly, I was not surprised or upset.
From the very beginning, I knew the history of the origin of the Electronics games and knew very well what I was going on. On the other hand, I did not lose anything by writing to Nintendo, which I did. I asked them to clarify exactly which copyrights I am violating and is there any way to fix this matter.
As expected, they indicated that my games use images and sounds that are almost identical to the graphics and sounds in the Egg & Game & Watch series toy .
And they asked to stop the disgrace of ASAP (immediately!), Otherwise they will turn to Apple with an official request for removal (Take Down Request).
It’s hard to argue with this, if you remove the wolf and the hare, all the other elements are actually practically torn from the specified game.
Sounds are all the more similar. I copied it from Electronics and never once had a live Game & Watch console in my hands, but I suspect that these primitive beeps do not really go around and the sounds are not far from the original.
I removed the application from sale, and yet I answered with another letter, so as to calm my conscience, not expecting any feedback.
He brought pictures of their games and screenshots of their applications, pointed out the differences, explained the similarities, expressed willingness to fix everything that they saw fit. As for the sounds, he made a completely sluggish attempt to justify himself, saying that any watch like Casio rattles in the same way, unless there can be talk about copyright.
In general, I did not expect an answer, but by the way I did not receive it.
As they say, finita la comedia.
The application lived its life in the AppStore, by the way, not so short.
First I went to the Czech top, and then to the Russian one, where it teleported within the first hundred Top Free (with periodic flights, of course) until the very last day.
If you want to make a clone of a famous game, this one and this one will come in handy.
According to state laws, the rules and principles of the game cannot be protected by copyright, but it is very possible to protect copyright graphics, texts (and sounds, I suppose).
I remind you once again, this is not a complaint article or the cry of a deceived developer.
In my opinion, all the actions of Nintendo and Apple are absolutely legal and lawful.
Therefore komenty like "what was different? offended him! first tore off and now you moan! " please leave with them , they are here out of place.
I am writing about this in advance, because I know that a similar reaction is taking place.
This is just a real story about the fate of a single iPhone application.
If you are a beginner developer for the iPhone (or other mobile platform) and you have come up with an idea like “if I shouldn’t make this toy from my childhood”, then this article may be useful for you.
If you just love to read about the fails of others, also welcome to cat.
Start
A few years ago, I wrote the port of the old toy, “Wait a minute!” under the iPhone.
A year later, I brazenly propiarilsya Habré , for which even got an invite.
In comments, people asked quite expected questions “what about copyright?”.
Someone said that the rights to the wolf and the hare belong to Soyuzmultfilm, but I myself answered "if you dig deeper, the rights to this game belong to Nintendo ."
If only I knew how prophetic my words were.
And then the day “X” has arrived
A few weeks ago I received an email from the Apple AppStore Team.
I was calmly and politely warned that a number of my applications were suspected of violating copyright (copyright infringement in the original). The following was the original letter from Nintendo with a list of applications (not only mine, only about 12 pcs.)
I saw it in the list of competitors with a bit of gloating :)
I was advised to contact Nintendo directly and provide Apple with written confirmation that the applications do not infringe on anyone's copyright . They gave everything about everything for 5 days, after which the applications can be removed from the AppStore.
Frankly, I was not surprised or upset.
From the very beginning, I knew the history of the origin of the Electronics games and knew very well what I was going on. On the other hand, I did not lose anything by writing to Nintendo, which I did. I asked them to clarify exactly which copyrights I am violating and is there any way to fix this matter.
The answer was not long in coming
As expected, they indicated that my games use images and sounds that are almost identical to the graphics and sounds in the Egg & Game & Watch series toy .
And they asked to stop the disgrace of ASAP (immediately!), Otherwise they will turn to Apple with an official request for removal (Take Down Request).
It’s hard to argue with this, if you remove the wolf and the hare, all the other elements are actually practically torn from the specified game.
Sounds are all the more similar. I copied it from Electronics and never once had a live Game & Watch console in my hands, but I suspect that these primitive beeps do not really go around and the sounds are not far from the original.
Denouement
I removed the application from sale, and yet I answered with another letter, so as to calm my conscience, not expecting any feedback.
He brought pictures of their games and screenshots of their applications, pointed out the differences, explained the similarities, expressed willingness to fix everything that they saw fit. As for the sounds, he made a completely sluggish attempt to justify himself, saying that any watch like Casio rattles in the same way, unless there can be talk about copyright.
In general, I did not expect an answer, but by the way I did not receive it.
Summary
As they say, finita la comedia.
The application lived its life in the AppStore, by the way, not so short.
First I went to the Czech top, and then to the Russian one, where it teleported within the first hundred Top Free (with periodic flights, of course) until the very last day.
If you want to make a clone of a famous game, this one and this one will come in handy.
According to state laws, the rules and principles of the game cannot be protected by copyright, but it is very possible to protect copyright graphics, texts (and sounds, I suppose).
Disclaimer
I remind you once again, this is not a complaint article or the cry of a deceived developer.
In my opinion, all the actions of Nintendo and Apple are absolutely legal and lawful.
Therefore komenty like "what was different? offended him! first tore off and now you moan! " please leave with them , they are here out of place.
I am writing about this in advance, because I know that a similar reaction is taking place.