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Copyright Concerns

nostromo

Lurker
Dec 26, 2008
1
0
Hi all!

I've recently gotten a G1 and I'm loving it, not just because its an amazing phone but because of programming freedom! I had a few friends who had iphones, and a few had switched over. They asked me to make a lightsaber app like the iphone has, and I did.

I haven't put it up on the Android Market yet, mainly because I am using copyrighted stuff (can't really use my own sounds or music for this). I know the first phonesaber app was taken down and then an "official" one was put up in it's place. However, I also see apps that use copyrighted content on the G1 app store already (mario simulator is a good example).

I don't plan on ever charging for this, it'll just be a free app, but apparently the iphone version was also free and was still taken down. Is there really any risk to this, or am I being paranoid?
 
Unfortunately i don't think you're being paranoid, especially when you deal with the movie industry. They will contact you first to take it down if they have a problem with it. They only would come after you if you failed to do so. My suggestion would be to put it in the marketplace if you feel so bold, or even just link to the file on a website and people can download and install it on their own without getting the app store involved at all. Or you can keep it to yourself. I would try out a lightsaber app, if only for a few minutes. Heck, I'd probably keep it on to finally do battle with my friends iPhone!
 
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Unfortunately i don't think you're being paranoid, especially when you deal with the movie industry. They will contact you first to take it down if they have a problem with it. They only would come after you if you failed to do so. My suggestion would be to put it in the marketplace if you feel so bold, or even just link to the file on a website and people can download and install it on their own without getting the app store involved at all. Or you can keep it to yourself. I would try out a lightsaber app, if only for a few minutes. Heck, I'd probably keep it on to finally do battle with my friends iPhone!

would love to have alightsaber app ... even if it was to be underground .. surprised that it has taken this long for it to surface in the G1
 
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The upside to this is that you're not going to put the app up today and get sued tomorrow. Doesn't work that fast, or that easy. Businesses send out a "cease and desist" letter first. It builds the case against you if they ask nicely. Court costs are expensive, as well, so it makes sense to send a C&D letter first to see if that will resolve it. Courts look kindly on civil matters like this if the plaintiff has attempted to resolve the issue themselves first.

They may send the letter to Google, and Google will pull it if they feel they can be involved in a lawsuit. I would look at the terms and conditions for the Market, you may be in danger of violating those rules, and that could put the smack down on any plans you might have for other apps.

It never hurts to look into the legality of something, it's actually the smartest idea. Ignorance of the law is not a legitimate defense in ANY court, so knowing more can only help you.
 
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