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RIP "Well, Wait!" Or copyright story

This story is not sad, not instructive and not loud.
This is just a real story about the fate of a single iPhone application.

If you are a novice developer for an iPhone (or other mobile platform) and you have an idea like “and if I don’t make this toy out of my childhood”, then the article may be useful for you.

If you just love to read about the fails of others, welcome to cat.


A few years ago, I wrote an old toy port “Well, wait!” Under the iPhone.
A year later, I brazenly promoted on Habré , for which I even received an invite.

In comments, the people asked the quite expected questions “what about copyright?”.
Someone said that the rights to the wolf and the hare belong to the Soyuzmultfilm, I myself answered “if you dig deeper, the rights to this game belong to Nintendo ”.
If only I knew how prophetic my words were.

And now the day "X" has come

A few weeks ago I received a letter from the Apple AppStore Team.
I was calmly and politely warned that a number of my applications were suspected of copyright infringement (copyright infringement in the original). The following is the original letter from Nintendo with a list of applications (not only mine, only about 12 pcs.)
With a slight gloating saw in the list of competitors :)
I was advised to contact Nintendo directly and provide Apple with written confirmation that the applications do not violate anyone’s copyright laws. For everything about everything they gave 5 days, after which applications can be deleted from the AppStore.

Frankly, I was not surprised or upset.
From the very beginning, I knew the history of the origin of the games "Electronics" and I knew very well what was going on. On the other hand, I did not lose anything by writing Nintendo, which I did. I asked them to clarify which copyrights I am violating and whether there is a way to fix this.

The answer was not long in coming

As was to be expected, they indicated that in my games images and sounds that are almost identical to the graphics and sounds in the Egg Game & Watch series are used .
And they asked to stop the disgrace of ASAP (immediately!), Otherwise they will turn to Apple with an official removal request (Take Down Request).

It’s hard to argue with that, if you remove the wolf and the hare, all other elements are in fact practically stripped off from the specified game.
The sounds are all the more similar. I copied it from “Electronics” and never once held in my hands a live Game & Watch console, but I suspect that in these primitive beeps you’re not even clearing up and the sounds of the original are not far away.


I removed the application from the sale, and yet answered with another letter, so, to calm my conscience, without expecting any feedback.
He brought pictures of their games and screenshots of their applications, pointed out the differences, explained the similarities, and expressed his readiness to correct everything they deem fit. As for the sounds, I made a very sluggish attempt to justify myself, saying that any Casio-type clock rattles in the same way, except maybe a copyright.
In general, I did not expect a response, but indeed I did not receive it.


As they say, finita la comedia.
The application has lived its life in the AppStore, by the way, is not so short.
Visited first in the Czech top, and then in the Russian, where and telepalos within the first hundred Top Free (with periodic departures, of course) until the very last day.

If you want to make a clone of a famous game, this one and this link will be useful to you.

According to state laws, the rules and principles of the game cannot be defended by copyright, but it is even possible to protect graphics, texts (and sounds, I suppose) with copyright.


Once again I remind you that this is not a complaint article or a cry of a deceived developer.
In my opinion, all actions of Nintendo and Apple are absolutely legal and legitimate.
Therefore komenty like “cho different? offended him! first you ripped off and now you whine! ” please leave with you , they are out of place here.
I am writing about this in advance, because I know that a similar reaction is taking place.

Source: https://habr.com/ru/post/102112/

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