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Someone's stealing our identity on Apple's App Store

flipagr.am

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Re: Someone's stealing our identity on Apple's App Store

#11

Post by lambada »

tl wrote: post #9

> The next day we finally received a response which indicated that Apple had no intention of helping us with this situation. They asked that we communicate with the developer and keep them apprised of our progress. INAL, but doesn't the DMCA apply here? They took content (images, etc...) from your app and attempted to distribute / sell it as their original work. If Apple's response is not an immediate takedown of the…

Unless the company submitted a formal DMCA notice to Apple, then Apple have no obligation to do anything under the DMCA, and so cannot have violated the DMCA process.

(Pre-emptive edit): Although the company says they filed "filed copyright and trademark violations" that doesn't necessarily mean that the copyright notice was a DMCA notice.

Re: Someone's stealing our identity on Apple's App Store

#12

Post by shimms »

Steko wrote: post #4

"On August 22nd, 2013..." "We were under the impression that Apple would protect us from being in a situation like this. " Frankly it sounds like you were under the impression that Apple is able to universally and fairly adjudicate all claims in less than 24 hours. That's silly. What if the fraudster complained about you and Apple acted too quickly and tossed your app? I mean sure your app was there first but in lots…

> Frankly it sounds like you were under the impression that Apple is able to universally and fairly adjudicate all claims in less than 24 hours. That's silly.

I didn't get the same impression from reading the article.

To me it sounded less related to the time it took Apple to reply, and more related to the content of that reply, specifically where they basically washed their hands of it and said (paraphrasing) "you deal with it, and let us know how it goes".

Re: Someone's stealing our identity on Apple's App Store

#13

Post by bowlofpetunias »

Slightly off-topic, but how smart is it to build a startup that depends on not one but two platforms that can both unilaterally kill you at any moment?

The product isn't even interesting enough for Instagram/Facebook to bother to buy the company if they wanted to add that particular feature.

This isn't a startup, it's the virtual equivalent of a temporary pop-up store.

Re: Someone's stealing our identity on Apple's App Store

#14

Post by kbar13 »

_pmf_ wrote: post #10
Steko wrote: post #4

"On August 22nd, 2013..." "We were under the impression that Apple would protect us from being in a situation like this. " Frankly it sounds like you were under the impression that Apple is able to universally and fairly adjudicate all claims in less than 24 hours. That's silly. What if the fraudster complained about you and Apple acted too quickly and tossed your app? I mean sure your app was there first but in lots…

> Frankly it sounds like you were under the impression that Apple is able to universally and fairly adjudicate all claims in less than 24 hours. That's silly. Well, it would certainly be a good start if they would use their lengthy review process to actually look at the apps. Their employees probably are too occupied judging what is morally appropriate for an adult Apple user to look at.

more likely too occupied combing the internet to find another company to sue for copyright infringement.

Re: Someone's stealing our identity on Apple's App Store

#15

Post by mjburgess »

bowlofpetunias wrote: post #13

Slightly off-topic, but how smart is it to build a startup that depends on not one but two platforms that can both unilaterally kill you at any moment? The product isn't even interesting enough for Instagram/Facebook to bother to buy the company if they wanted to add that particular feature. This isn't a startup, it's the virtual equivalent of a temporary pop-up store.

I guess their plan might be to be bought-out by instagram when they get popular enough.

It doesn't sound like their livelihoods depend on the app though, if it didn't get many downloads in its first year.

Re: Someone's stealing our identity on Apple's App Store

#17

Post by maaaats »

alkimie2 wrote: post #6

It strikes me as dangerous that developers seem to think that Apple (or Google) have a role in resolving disputes with 3rd parties. It seems odd to me that your attorney is focusing on Apple. I did a quick trademark search at the USPTO and at WIPO and I see no applications or registrations--that's a basic tool with which you can use to lever 3rd parties, including Apple.

Well, wouldn't Apple or Google be responsible for serving illegal content, especially after being notified?

Re: Someone's stealing our identity on Apple's App Store

#18

Post by tluyben2 »

Steko wrote: post #4

"On August 22nd, 2013..." "We were under the impression that Apple would protect us from being in a situation like this. " Frankly it sounds like you were under the impression that Apple is able to universally and fairly adjudicate all claims in less than 24 hours. That's silly. What if the fraudster complained about you and Apple acted too quickly and tossed your app? I mean sure your app was there first but in lots…

Google pulls apps too rapidly and without proof; just fill a (incomplete) DMCA request and they'll shut down the app first, ask questions later. Thorough research and actual proof are how it's supposed to be, not a half baked DMCA request.

Re: Someone's stealing our identity on Apple's App Store

#19

Post by seszett »

maaaats wrote: post #17
alkimie2 wrote: post #6

It strikes me as dangerous that developers seem to think that Apple (or Google) have a role in resolving disputes with 3rd parties. It seems odd to me that your attorney is focusing on Apple. I did a quick trademark search at the USPTO and at WIPO and I see no applications or registrations--that's a basic tool with which you can use to lever 3rd parties, including Apple.

Well, wouldn't Apple or Google be responsible for serving illegal content, especially after being notified?

Apple or Google, or the ones who contact them like Flipagram here, should not be responsible for determining whether content is illegal or not.

As far as I know, only the judicial branch of sovereign states are supposed to do that, even though these days it seems like everyone wants to circumvent it... and then whine when they are the ones on the wrong side of such a para-legal action because they don't deem it legitimate.

Re: Someone's stealing our identity on Apple's App Store

#20

Post by nashequilibrium »

Steko wrote: post #4

"On August 22nd, 2013..." "We were under the impression that Apple would protect us from being in a situation like this. " Frankly it sounds like you were under the impression that Apple is able to universally and fairly adjudicate all claims in less than 24 hours. That's silly. What if the fraudster complained about you and Apple acted too quickly and tossed your app? I mean sure your app was there first but in lots…

As developers and entrepreneurs we need to be more outraged about this and not start off attacking the victim and just adding compassion at the end of your comment. I really sympathize with this guy, the hard work you put in, the countless hours sacrificed and someone rips that from you. Even if it s for 5 minutes those minutes will feel like a really long time. This app should not have been approved in the first place since it is such a gross ripoff that it is actually theft and apple failed it's developer community here. Every hour that passes this guy has customers having a different product experience and he is losing money. Sucks!
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