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Asphalt 5 pulled from Market - contravening distro agreement?

Discussion in 'Android Apps & Games' started by Jon Tseng, May 28, 2010.

  1. Jon Tseng

    Jon Tseng Lurker
    Thread Starter

    An interesting addendum to the Gameloft debate.

    I bought Asphalt 5 when if came out on the Market in April. It's now been pulled (presumably connected to Gameloft going to direct distribution). One think I notice is that when I pull up my list of Downloads in the Market application it no longer shows up. Presumably this means I won't be receiving updates on it.

    But presumably this also means I cannot reinstall it if I clear some memory / bork my phone / have a horrible experience with the Gingerbread update &tc &tc.

    Are they allowed to do this? Isn't one of the reasons I buy on the Market because I know I have the right to reinstall? Let's look at the marketplace agreement which (presumably) Gameloft signed up to: Android.com

    Take a close look at clauses 3.6 and 7.1.
    1) I have the right to unlimited reinstalls (3.6).
    2) Even if an app is taken down by the vendor, my licence rights are unaffect (7.1).
    3) There are special cases where an app can be taken down and reinstall rights suspended (if it infringes copyright, is defamatory etc). However if taken down under these circumstances I am entitled to a refund (7.1).

    So as I see it taking down Asphalt 5 and denying me my right to unlimited installs contravenes the Marketplace agreement (does anyone else have experience with other paid apps that have been taken down?). And even if the app was taken down because it was dodgy (which I don't think it has done), I should be entitled to a full refund.

    I've lobbed a request into Gameloft support to see what they come out with, but I don't hold up much hope.



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  2. scriptbunny

    scriptbunny Newbie

    You can take some legal action if you want, because Gameloft won't help you. They don't help anyone. I sent messages several times and they were all BS auto responses.
  3. MajesticFlame

    MajesticFlame Member

    I am seeing it listed in the Android Market: though from the looks of it the latest update is messing it up for at least Motorola Droid users.
  4. chaz_uk

    chaz_uk Android Enthusiast

    What phone/OS are you currently running?

    If you're on an N1 and have updated to FroYo it may be related to the face we can't currently see copy protected games.

    Hopefully that is the case as MajesticFlame can still see it. :)
  5. JediJesus

    JediJesus Android Enthusiast

    Droid here and it shows up in my market. I bought it but have it uninstalled.

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