Hello to all,
I want to share an amusing case that
happened happening with my iphone game. I think that it is no secret to anyone that there are practically no unique ideas. Practically, on any game that is available you can find an analogue on another platform. Let's see what is really subject to copyright protection and what to do if you complain of a violation in the app store for your game.
I will not "drive the soap in the basin", and tell you about my case. I will not play up, the idea of my game is not original. But the idea is not a realization. In order to get a hand in the development of an iphone platform, I decided to look for a not difficult game to implement. The choice fell on a small toy on a Christmas and New Year theme. Checked, this is not in the app store, and started to implement. The code was completely and was written by me from scratch, and I asked the graphics to draw a familiar designer. From the original game, it was just taken - an idea. It is important to remember. While implemented and missed the store it turned out that with a similar idea of games already about 5. Since this was my first trial project, that's why I simply made the game free.
And the fun began today. I received a letter from the App Store Notice departement. They warn me that they have received a complaint that my game violates the copyrights of another company and suggest that I resolve this issue within 5 days or simply remove the game from the store. For such an approach, +1 in the App Store’s karma, as they simply warn and give time to resolve issues, and not just clean it up by themselves. An original copyright violation report was attached to the letter and a pdf document in which the company describes its claims. So they surprise me the most. Unfortunately, I will not publish the correspondence, as the apple prohibits doing this, but I will briefly tell you about the complaints.
')
Under the "knife" got all the games, with a similar idea that is available at the moment. The main violation of copyright, which was put forward to all games, the company considered the "similarity". They begin to cry "crocodile tears" and tell that users will be discouraged by the fact that a large number of similar games are available. As a way out, they believe that it is necessary to remove all the games, and leave only their game, which will be sent to the app store for review in the near future.
What to do in this case
To think about copyright infringement is necessary even when writing a game. So what is copyrighted in the US? The answer is easy enough to find at
http://www.copyright.gov/help/faq/faq-protect.html . I advise you to read this resource at your leisure.
But to me, in this case, the most interesting thing is that it does not defend itself:
If you can, these things are expressed.
Which means that copyrights cannot be protected by facts,
ideas , processes ...
That is, the idea of the game and the gameplay cannot be protected by copyright. And I think this is the main "engine" of the quality of games ahead. It turns out that the game does not violate any copyrights as long as it does not contain the original graphics, audio tracks or texts. Also, the idea of a game cannot be an object of intellectual property until it is stated or patented, which in my case is not noticed for the original.
The most important thing is to remain correct in relation to such cases. I wrote a letter to the company that makes claims to my game, in which I ask you to indicate what exactly is being violated by my game. As his argument indicated a link to
www.copyright.gov .
ps While looking forward to a response from the developers about the violations. If this topic is interesting, I will write off how it will end. At the moment, it seems to me, the law is on my side :)