Thursday, March 22, 2012

copyright claim from competitor - iPhone Dev SDK Forum

Old Today, 12:31 PM ? #1 (permalink)

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Join Date: Oct 2011

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So yesterday I got an email from apple stating a competitor claimed that my app was too similar to his and that it should be removed from the app store.

In his statement he claimed that he had not actually used my app but by the way my screenshots looked he could tell that my app "plagiarizes" his functionality, layout and appearance.

Does apple even look at these claims before they send them out? Or am I just crazy to think that maybe someone might have to use an app to know that the app plagiarizes functionality, layout and appearance?

Later in the letter he states that his sales have been hurt and that my app is ranked higher than his. he even states that I have grass in one of my backgrounds and so does he but on a diff page.... I guess he holds the copyright to having grass backgrounds on sports apps heads up everyone.

idk this just blows my mind. I will keep you updated on the case. I have since written him back explaining that my app acts nothing like his and in fact has 2x the stats and features that his app has. I even offered to give him a promo so he could see that they are not the same.

I dont know law that well and could be totally wrong but this just seems silly. If others could share their experiences that would be great. I am not sure what to expect but I will share how the process goes for me.

If you want to check out how similar they are my app link is in my sig and his app is total baseball stats.

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Old Today, 01:32 PM ? #2 (permalink)

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Join Date: Feb 2012

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Well, i m a lawyer in my country (Turkey) but i dont know there is any difference between Turkish IP Law and US IP Law.

But let me try to help you basicly and fundamentally,

1-Whose app is first on iTunes ?

2-He has a registered patent or something like this ?

3-It is impossible to hold a grassed surfaced background for sport apps. Its unbelievable, if its so, i know many apps which has to be removed.

4-IP Law, accepts "inspiration". You may have inspired by something or his app(lets say you really copied him, i know you did not)

Because of not to knowing legal terminalogy very well (workin on it), i cannot help you about writing a good answer to Apple, i m sorry for that.

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Old Today, 01:33 PM ? #3 (permalink)

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The sad fact is that he is just a jealous competitor that is upset because your app is better than his. There are how many car racing games? How many soccer games? How many shooting games?

GAMEPLAY is not copyright, he is just stupid trust me relax its no big deal. Email apple with a counter argument that HE copied the design of your app. Also dont try to reason with the other competitor, he is obviously bent on getting you out of the app store since he didint even talk to you first before contacting apple NOR did he even buy your app lmfao! So your ranking dont go up. Pathetic if you ask me.

Counter their claim with your own to apple, and dont try to reason with them there is no point there are countless claims like this on this forum, in all cases the one upset that you copied the app, is usually someone very stubborn and irrational.

BTW Thanx for the tip, I will not use grass ever again in my games

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Old Today, 01:35 PM ? #4 (permalink)

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if you do nothing about this to apple, APPLE will remove your app from the app store. Its just how it is they wont bother to do anything about it. he claimed ownership first over this idea that you stole it, so they will most likely do what he wants UNLESS you do message apple.

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Old Today, 02:21 PM ? #6 (permalink)

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Wow that's just sad if Apple would remove your app based on this baseless claim.

What if you submitted a claim to apple also. Mutually assured destruction?

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Source: http://www.iphonedevsdk.com/forum/business-legal-app-store/100925-copyright-claim-competitor.html

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