@gattoman said:
Yes a chance of being sued for sure. Unlikely if its a indie. Who has that kind of money for legal fee?
There are plenty of legal firms these days who will pursue a tort for a conditional / contingent fee ('no win, no fee'). Like you say you are less likely to end up in court if you are ripping off an indie, and even if you rip off a major app house you still will probably initially face a Cease and Desist long before you're issued your orange boiler suit - but as you also say there is [always] a chance of being sued, I was just highlighting a growing notion that all that will happen is you get a Cease and Desist - at which stage you can pull your app - but in reality there is always the real possibility of ending up in court and facing a legal bill (whether you win or not).
The other thing about using other people's IP, names/brands/artwork/characters (etc) is that success is your enemy, the day you end up in the top 50 iTunes chart, get a front page review on a known app review site or even end up on iTune's featured apps page is the day you need to start worrying about the legal implications.
Tony: "Dave, what's the matter, you look like you've just seen a ghost!?"
Dave: "iTunes, number 16, paid apps"
Tony: "Oh Jesus, we're screwed ! We need to get out of town, you grab the false moustaches, I'll get the tent"
@gattoman said:
Copyrights are only as good as the amount of money you have to defend them.
Agreed, although as mentioned above, if you have a clear cut case then these days there are firms who'd be interested in persuing the case (for a large slice of any compensation / damages of course !).
@gattoman said:
If you take someones else app name I hope they have the means to sue you.
Agreed, if taken knowingly.
@gattoman said:
There are 1.4 million apps in the app store your name choice will probably be close to someone else name....... Just can't be the same.
@gattoman said:
I think you would also have to prove damages.
Agreed, the same is true of every tort claim, there is no court that would grant damages on a whim, perhaps because it was a sunny day !?
@gattoman said:
Your honor my app revenue has declined from 20 cents a day to five. I would like restitution.
Lol It's unlikley that someone would willingly appropriate IP attracting 20¢/day - certainly if the idea was to co-opt their profits - but regardless of whether the IP was earning 20¢/day or $2m/day the very same law applies, the law doesn't change depending on how wealthy/successful the claimant is, a claim that seeks to redress a decline (due to IP infringement) of 20¢ a day to five, in profits, will receive the same attention in law that a claim involving losses of $200k a day would.
@Socks said:
Lol It's unlikley that someone would willingly appropriate IP attracting 20¢/day - certainly if the idea was to co-opt their profits - but regardless of whether the IP was earning 20¢/day or $2m/day the very same law applies, the law doesn't change depending on how wealthy/successful the claimant is, a claim that seeks to redress a decline (due to IP infringement) of 20¢ a day to five, in profits, will receive the same attention in law that a claim involving losses of $200k a day would.
Yes in actual damages. But what about my emotional distress?
I am quite annoyed someone stole my app name. Oh the anguish!!
(I would be content if my apps made 20 cents a day each).
This has actually become a cottage industry for some attorneys. Same in websites. They send out all kinds of letters trying to get people to pay for 'violating a copyright on an image'. Most will cave and take down the image and may even pay, even though they took the image themselves and can prove it. At the end of the day most people will avoid conflict, especially with an attorney.
@gattoman You get emotional distress if it is copy written, along with all legal fees paid. Of course, collecting is a different matter, as it can be difficult and costly.
I was once sued in court and lost to a guy that ran me over with a truck while I was on a bike (cop hated bicycle riders) riding legally. He slid through an intersection sideways and plowed over me. I straight told the judge I refused to pay, and he looked at them and said "good luck trying to collect, it will cost you more than you won". $2000.
If you ever go after someone, be prepared for crazy replies. I personally know someone that took an image from a site, put it on their site, got a cease and desist letter, and replied that if they could prove that the plaintiff was the guy standing next to my friend as he took the picture, they would talk about it. The attorney gave up
Comments
Yes a chance of being sued for sure. Unlikely if its a indie. Who has that kind of money for legal fee?
Copyrights are only as good as the amount of money you have to defend them.
If you take someones else app name I hope they have the means to sue you.
Apple won't allow exactly the same name so thats really a non issue.
There are 1.4 million apps in the app store your name choice will probably be close to someone else name....... Just can't be the same.
There are plenty of legal firms these days who will pursue a tort for a conditional / contingent fee ('no win, no fee'). Like you say you are less likely to end up in court if you are ripping off an indie, and even if you rip off a major app house you still will probably initially face a Cease and Desist long before you're issued your orange boiler suit - but as you also say there is [always] a chance of being sued, I was just highlighting a growing notion that all that will happen is you get a Cease and Desist - at which stage you can pull your app - but in reality there is always the real possibility of ending up in court and facing a legal bill (whether you win or not).
The other thing about using other people's IP, names/brands/artwork/characters (etc) is that success is your enemy, the day you end up in the top 50 iTunes chart, get a front page review on a known app review site or even end up on iTune's featured apps page is the day you need to start worrying about the legal implications.
Tony: "Dave, what's the matter, you look like you've just seen a ghost!?"
Dave: "iTunes, number 16, paid apps"
Tony: "Oh Jesus, we're screwed ! We need to get out of town, you grab the false moustaches, I'll get the tent"
Agreed, although as mentioned above, if you have a clear cut case then these days there are firms who'd be interested in persuing the case (for a large slice of any compensation / damages of course !).
Agreed, if taken knowingly.
MinceCraft™
In canada I don't believe "no win no fee" is allowed. They may have a way of getting around this I don't know.
I think you would also have to prove damages.
Your honor my app revenue has declined from 20 cents a day to five. I would like restitution.
Agreed, the same is true of every tort claim, there is no court that would grant damages on a whim, perhaps because it was a sunny day !?
Lol
It's unlikley that someone would willingly appropriate IP attracting 20¢/day - certainly if the idea was to co-opt their profits - but regardless of whether the IP was earning 20¢/day or $2m/day the very same law applies, the law doesn't change depending on how wealthy/successful the claimant is, a claim that seeks to redress a decline (due to IP infringement) of 20¢ a day to five, in profits, will receive the same attention in law that a claim involving losses of $200k a day would.
Yes in actual damages. But what about my emotional distress?
I am quite annoyed someone stole my app name. Oh the anguish!!
(I would be content if my apps made 20 cents a day each).
This has actually become a cottage industry for some attorneys. Same in websites. They send out all kinds of letters trying to get people to pay for 'violating a copyright on an image'. Most will cave and take down the image and may even pay, even though they took the image themselves and can prove it. At the end of the day most people will avoid conflict, especially with an attorney.
@gattoman You get emotional distress if it is copy written, along with all legal fees paid. Of course, collecting is a different matter, as it can be difficult and costly.
I was once sued in court and lost to a guy that ran me over with a truck while I was on a bike (cop hated bicycle riders) riding legally. He slid through an intersection sideways and plowed over me. I straight told the judge I refused to pay, and he looked at them and said "good luck trying to collect, it will cost you more than you won". $2000.
If you ever go after someone, be prepared for crazy replies. I personally know someone that took an image from a site, put it on their site, got a cease and desist letter, and replied that if they could prove that the plaintiff was the guy standing next to my friend as he took the picture, they would talk about it. The attorney gave up