Lyrical introduction
A few months ago I wrote about how a promotional application for iPad was made for our small town. In short, it was like this: the city administration ordered the application, two companies submitted applications (Company No. 1 and Company No. 2), Company No. 1 won the order, made the design and collected the content, and transferred the whole business to Company No. 2, which programmed "and sent the application to the App store.
What is the point
I will not dwell on how all this happened. Because without hard evidence, as it turned out, it’s not worth talking about it, because otherwise I look offended by a man who didn’t "snatch a free order." (and maybe you have it all on sooner this impression will be formed :))
If we omit various claims about how the work was done and whether it corresponded to the TK, then a substantial violation was made, namely copyright infringement. How does this affect me? In this application, without my consent, a photo taken by me was used.
After reading a lot of information on this topic, I concluded that the violation is undoubted.
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Questions
But the question arose - who violated my rights? The company that collected the content or the company that posted the application?
For a person who does not know the background and sees the application in the App store, the answer seems to be obvious - "who has tagged, he broke."
I decided to follow the path of least resistance, and I have no desire to go to the fairest court in the world. After reviewing a bunch of pages on apple.com, I tried to find at least something that describes the moment when the applications violate my copyright. As a result, I found this page
www.apple.com/legal/trademark/claimsofcopyright.html and wrote to them the essence of the claim.
Today I was contacted from Company # 2, with the words that they received a letter from Apple and they are not to blame for anything, as the content was provided by Company # 1. And although it seems to be removed application, but after all, "Company number 1 will suffer."
Has anyone of you been in such a situation that you ordered any material for your work, and he ended up being stolen? And who then should be responsible for this? Are you who provided the result of the final work? Or nevertheless, those who provided the stolen materials?
So far, in this case, Apple believes that the publisher of the application has violated my rights.
ZY Notes on spelling and grammatical errors are best written in PM. Thank.
UPD: Why I immediately wrote to Apple, and not personally addressed Company 2:
habrahabr.ru/blogs/Dura_Lex/129782/#comment_4297394