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

flipagr.am

51–60 of 69 posts

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

#51
post #44

If the guys from Flipagram are reading this - why would you contact Apple about this? Eastern European countries have lawyers and courts too. And not only can hiring a good lawyer in some Eastern European country be much (much!) cheaper than in the US but if you win the lawsuit the other party will probably have to pay reasonable part (if not all) of your legal expenses. And it might be helpful to try to understand t…

The comment by 'victorantos' here is useful. But he seems to be hellbanned. Please turn on showdead in your prefs so that you can see his comment.

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

#52
post #48
post #44

If the guys from Flipagram are reading this - why would you contact Apple about this? Eastern European countries have lawyers and courts too. And not only can hiring a good lawyer in some Eastern European country be much (much!) cheaper than in the US but if you win the lawsuit the other party will probably have to pay reasonable part (if not all) of your legal expenses. And it might be helpful to try to understand t…

It strikes me as absolutely insane that Apple doesn't have a way to verify that the submitter of an app is from the company that submitted the app before. This seems like a no-brainer. Like the OP, I would also go to Apple in this case and be absolutely furious if they didn't respond. IANAL, but I would be pretty surprised if there wasn't some recourse towards Apple for this. If I bring counterfeit 'Tide' (a laundry…

IMHO the store has no way of reliably determining whether the 'Tide' you bring is fake or not (that's what courts are for) and therefore should not be responsible.

Generally I understand your anger but I think that the concept of 3rd party responsibility is very dangerous and can create more damage than the fraud it is trying to prevent. If we make companies liable for actions of their clients they will preventively block everything that they are not absolutely sure about which would create huge chilling effect. And we already have one great example - see how widely is DMCA process abused to stifle competition, suppress criticism etc.

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

#53

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.

Actually, this is not off-topic at all if the "startup" is trying to build a viable business if it is dependent on platforms (Apple/Nokia/Android/etc) that are not under your control. If at all you want to be a mobile app developer, you are better off developing apps for clients who want a mobile presence. The odds of being the Next Big FadApp is decreasing by the minute as app discovery is becoming more of a problem due to the crowding.

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

#54
The real problem here is a technical one: Apple needs to be more vigorous about refusing to register app names to other vendors that are too similar to existing names. That would solve 80% of this.

I came up with an app name and registered it successfully. Before publishing the app, I discovered that there was an app in the store with the exact name I registered.

I contacted Apple for clarification of their policy and practice of excluding the use of existing names. They directed me to contact their legal department, but I had no reason to do so; the other app was first--my name had to change. I only wanted to know how it was technically possible that they allowed the registration.

I contacted the other developer and compared notes. He confirmed that we had both been assigned the exact same name despite Apple's documentation indicating that this was impossible. We both wondered what would happen if I published my app, but, of course, I registered a new name instead of risking harm to either business.

That said, if your IP is so easily copied that you are very vulnerable to this kind of thing, it may be an indication that you are picking the low-hanging fruit and that you need to step up your game a bit. Ideas are a dime a dozen, as are good names. If your algorithm and its implementation are very good, you will be much harder to catch.

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

#55
post #41
post #12

Earlier quoted context omitted.

> 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 d…

Going from what the author says, Apple have asked that they try to settle it through the third-party developer first before getting Apple involved. But: > Unfortunately since the developer is acting maliciously and mostly likely without any intention of ever responding to us, we have no way of settling this matter through that channel. Basically, it sounds like they just decided -- without even trying -- that it woul…

A 30% cut is a rip-off and the least they can do is to solve issues such as these.

If I were in this developer's shoes, I would send Apple a DMCA request. After which, if Apple fails to solve the issue, I'd sue Apple.

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

#56
post #41

Earlier quoted context omitted.

Going from what the author says, Apple have asked that they try to settle it through the third-party developer first before getting Apple involved. But: > Unfortunately since the developer is acting maliciously and mostly likely without any intention of ever responding to us, we have no way of settling this matter through that channel. Basically, it sounds like they just decided -- without even trying -- that it woul…

A 30% cut is a rip-off and the least they can do is to solve issues such as these. If I were in this developer's shoes, I would send Apple a DMCA request. After which, if Apple fails to solve the issue, I'd sue Apple.

Yeah, I agree this does indeed look like exactly the sort of situation the DMCA was designed for and that's certainly the route I'd be looking at taking.

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

#57
post #23

Thank God they ignored it. I've been developing apps on iOS for 3+ years and we get legal notices from Apple all the time that another company is trying to get our app shut down for completely frivolous reasons. If Apple put themselves as the arbiter of these disputes it would be horrible.

By having a review process Apple did put themselves up as the arbiter of any disputes.

Even without a review process by making the device locked to their App store they put themselves in charge (and responsible) for these sorts of matter.

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

#58
Put a string in the app that controls the title, subtitle, or other highly noticeable aspect of the app. Do a few bug fixes as well.

submit your app to Apple.

Wait a few weeks for enough users to download it, toggle the switch, and put in some text string that is profane. Make sure your servers detect your app from the Users Agent of the fake one.

Apple will pull the fake one, and block their account, in action to keeping an eye on them.

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

#59
post #44

If the guys from Flipagram are reading this - why would you contact Apple about this? Eastern European countries have lawyers and courts too. And not only can hiring a good lawyer in some Eastern European country be much (much!) cheaper than in the US but if you win the lawsuit the other party will probably have to pay reasonable part (if not all) of your legal expenses. And it might be helpful to try to understand t…

The comment by 'victorantos' here is useful. But he seems to be hellbanned. Please turn on showdead in your prefs so that you can see his comment.

Next time reproduce the comment:

" I did google the guy who put the fake app. He seems to be from the same country I am, Moldova. I doubt there is any company behind this app, maybe he is just a lonely hacker with lots of free time...

I found also a list of 23 apps he has done http://www.appdata.com/ios_apps/devs/3706221-petru-plesca

and his linkedin www.linkedin.com/pub/petru-plesca/55/13a/380 "

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

#60
Apple has clearly demonstrated time and time again that the purpose of the walled garden system is to protect their revenue stream. They will not go through any lengths to protect your assets (that aren't automated), you might as well release it on the open web, because you'll get the same amount of support (none) and you'll have a bigger audience. In fact, you'll probably be safer if you can manage to fit most of the code on the back-end and present it as a web app. By releasing it to Apple, you're guaranteeing that it will be pirated in entirety.

I'm not being hyperbolic at all, you just don't generally hear about this on news agg sites. If your cloned App has been supported by spammy ad networks, chances are it's making more money than yours, and Apple has every motivation they need to protect their App before yours and to drag their feet as much as possible.

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