GameSalad

Howdy, Stranger!

It looks like you're new here. If you want to get involved, click one of these buttons!

I recieved email so i am worried if I will get sued?

i recieved email saying:

Dear Sir or Madam,

Please include APP37487-J in the subject line of any future correspondence on this matter.

On 5/29/2014, we received a notice from dotGEARS that dotGEARS believes the app listed below infringes their intellectual property rights. In particular, dotGEARS believes you are infringing their copyright. Please see their comments below.

J. Developer: Haris Choudhary
Provider: Haris Choudhary
App Title: Flappy Blue Bird: New Season
Apple ID: 859581497

Comments from Complainant: This game violated our copyrights for the character of our famous game Flappy Bird (FabyBird).

You can reach dotGEARS through Vinh Pham (email: [email protected]), copied on this email.

We look forward to receiving written assurance that your application does not infringe dotGEARS's rights, or that the parties are taking steps to promptly resolve the matter. Please keep us apprised of your progress.

Should you choose to remove your application, (for example, while you make any necessary changes) use the steps provided below.

Visit iTunes Connect at http://itunesconnect.apple.com

1) Access your app in the Manage Your Applications module.
2) Click on the "Rights and Pricing" button from the App Summary Page.
3) Click on the "Deselect All" button to uncheck all App Store territories.
4) Click on the "Save Changes" button.

We look forward to receiving confirmation that the matter has been resolved.

Thank you for your immediate attention.

Sincerely,

Young

what will happen? will i get sue or not?

Comments

  • gamestudentgamestudent Posts: 504Member, PRO

    Uh, how can you enfringe on another flappy clone? you both have the same amount of right to the copy, right?

  • jamie_cjamie_c ImagineLabs.rocks Posts: 5,549Member

    @gamestudent, probably would come down to who has the most to spend on legal representation.

  • FallacyStudiosFallacyStudios Posts: 970Member

    Is your app making much? I looked it up and it didn't appear to have many ratings which suggests it isn't getting many downloads. Wouldn't it be easier to just remove it than deal with any headaches from them perusing some form of legal action.

  • wpatenwpaten Posts: 281Member, PRO

    Is this email from Apple? I couldn't tell. If it is from Apple, then I would personally contact them (Apple) and find out what rights dotGEARS has to this game, the art, the mechanics, and all of that. If it is legit, then you just have to bite the bullet and take the game down (or change it substantially). If it isn't legit, then it's just a scare tactic.

    In either case, your question was whether or not you will get sued. The answer is no. They are not looking to sue you (at this stage), they want you to take the game off the market. Or change it so that it no longer resembles the issues that dotGEARS says it is infringing their rights.

  • unbeatenpixelunbeatenpixel Game Developer Posts: 532Member, PRO

    It is really interesting.

    Art different,If this legal issue about game mechanic,It comes up endless legal issue,one touch game mechanic,bird flies between pipes.If this start,another app studio can say -this race game looks like our game.

    I suppose and I hope ,this is about name -Flappy- like Candy Crush or -World Cup-.

    Appstore has too much flappy game,many different creative similar app exist but also very clones,developer didn't change any art,just he put 2 or 3 new button(IAP).These game can removed but otherhand,other apps shouldn't remove.

    Check out my games on the App Store!

    Startup Grave / Wordgraphy / Polycolor / 20 Seconds / Minimal Maze / Lokum

  • jigglybeanjigglybean Posts: 1,584Member

    The copyright appears to be for the character - so if you are using the actual flappy bird, I suggest you change it. The email has come from Apples department who handle these things.

    They dont appear to be claiming for anything else - game type, etc.

    Like Balls? Then click here! We've 100 coming soon

  • SocksSocks London, UK.Posts: 12,822Member

    @HarisChoudhary said:
    what will happen? will i get sue or not?

    Sounds like they are offering you a choice, it's essentially a request to cease and desist, If you remove the game (or alter the game to their satisfaction) then they're unlikely to take further action.

    But I'm no lawyer so if you are uncertain then seek legal advice.

    To be honest, and I've not seen your game, but assuming it's a copy of Flappy Bird I'd say if you copy other people's work then this sort of thing is bound to eventually happen, and although I hope you sort this out without it costing you anything or involving any further legal action I think it's ultimately a good thing that people are prepared to protect their work like this, oddly I find this letter encouraging.

  • gingagaminggingagaming FREELANCE GS DEV Posts: 1,584Member

    Personally I would ask apple what the infringement is as I have looked at your game and whilst you game is a direct modified clone of flappy, the art is different (so they have no rights to that) the mechanics is the same (you can't copyright that) but your title contains the word flappy which is making your game "appear" to be something it isn't. However, according to google there is 7, yes 7 different people claiming rights to the name flappy used in games. So dotGEAR doesn't hold the rights, but may have applied to obtain them. All 7 can't have the rights and apple should respect that without proof of rights they shouldn't enforce it.

    In reality however, If I was in your shoes, I'd pull the game and release a new one (not flappy please) is it really worth the hassle of a lawsuit over something that your earning prob $2 a day from?

  • SocksSocks London, UK.Posts: 12,822Member
    edited June 2014

    @gingagaming said:
    Personally I would ask apple what the infringement is as I have looked at your game and whilst you game is a direct modified clone of flappy, the art is different (so they have no rights to that) the mechanics is the same (you can't copyright that) but your title contains the word flappy which is making your game "appear" to be something it isn't . . . .

    I'm never quite sure why people act as appologists for this kind of thing ? It's obviously a copy, you are right to point out that the art is different or the title is Flappy Blue Bird rather than Flappy Bird and so on, but taken as a whole it's fairly apparent that the work and design of one person has been appropriated by another person - with the goal of redirecting the money the originator might make from their original work into the bank account of the cloner.

    Imagine if the game on the left was your work - after years of learning coding, playing around with making games, long nights and burn out hard drives you manage to make something that actually sells, how would you feel seeing the game on the right, would you wonder if it was a rip-off or not ? Would you need to ask Apple whether they feel there has been any kind of infringement, or would it be obvious someone had stolen your work, it seems fairly unambiguous to me, but there still seem to be a lot of people who still don't recognise this kind of appropriation as simple theft.

    Like I say I hope HarisChoudhary sorts this out without any additional costs or legal action, but if you enter the marketplace selling other people's ideas without their permission, and under your own name, I'd expect a little legal turbulence from time to time.

  • gingagaminggingagaming FREELANCE GS DEV Posts: 1,584Member

    Don't confuse it with me agreeing with him that it's not a clone or acceptable. I'm clearly (or not so clearly) stating that apple are acting on something that may not be true. dotGEARS doesn't NOT hold the rights to the word Flappy. (If that is there claim) @Socks‌

  • SocksSocks London, UK.Posts: 12,822Member
    edited June 2014

    @gingagaming said:
    Don't confuse it with me agreeing with him that it's not a clone or acceptable.

    Yeah, agreed, sorry, my post sounds like it's aimed at you, but it's a general comment really.

    @gingagaming said:
    I'm clearly (or not so clearly) stating that apple are acting on something that may not be true.

    Agreed, I bet Apple get a constant stream of this kind of stuff and haven't the time to research each one in any kind of detail, I expect if the claim looks reasonable it is passed on to the alleged transgressor.

    @gingagaming said:
    dotGEARS doesn't NOT hold the rights to the word Flappy. (If that is there claim)

    They've not made that claim (as far as I am aware), it's certainly not made in the letter in the original post - I think it's a simple IP infringement. To me the game on the right (in my post above) has plainly been copied from the game on the left, in my opinion that's enough for the person whose work has been stolen to ask the person who stole it to stop marketing the originator's work under his own name.

  • gingagaminggingagaming FREELANCE GS DEV Posts: 1,584Member

    At the end of the day, I surprised that they're surprised that this has happened. We all know it would happen including apple. They just "chose" to allow it because 30% of clones money is better than 30% of a pulled game. I wonder if a lawsuit ever was to happen if apple would pay back there commission too......

  • SocksSocks London, UK.Posts: 12,822Member

    @gingagaming said:
    I wonder if a lawsuit ever was to happen if apple would pay back there commission too......

    Ha! I think we both know the answer to that one ! :smile: ;)

  • gingagaminggingagaming FREELANCE GS DEV Posts: 1,584Member
  • jonmulcahyjonmulcahy Posts: 10,383Member, Sous Chef

    I got the same message. Dotgears is the original creator of flappy bird, and they are going after people who used its likeness. It's kinda funny that I got one for doodle bird, it's a crappy colored pencil drawing.

    As far as the email goes, I've been on the sending end of them and receiving end now. Apple doesn't actually make any decisions on this, they act as a median, but won't actually do anything except encourage people to talk.

    I challenged the email as my copy of doodle bird didn't look anything like flappy bird. But if your character looks similar, you might have to change it.

  • HopscotchHopscotch Posts: 2,782Member, PRO
    edited June 2014

    Although the game IDEA is not protectable, and the artwork may be different, if the plaintiff can list enough individual (unprotectable) elements that occur in both titles, then he can make a case on the basis of "Look and Feel".

    In the case of Flappy Bird:

    • Tap to fly in bursts
    • the death tilt and fall
    • flying through gaps
    • endless gameplay
    • Flappy in the name
    • small chubby bird as character
    • scrolling background
    • orientation
    • etc.

    Individually these are not protectable, but if these copied elements substantially outweigh the novel elements in the infringing title, then collectively they will form a basis for protectable "Look and feel".

    As an example see the case Tetris vs Mino.

    The simpler the scope of the game, the more dangerous this infringement is.

  • Thunder_ChildThunder_Child Posts: 2,343Member
    edited June 2014

    I recently submitted a game calle Flappy Bird Must Die...rejected.

    Then I submitted Flappy The Bird must die....rejected.

    Apple said I cant have Flappy and Bird in the title. Just rename it without Bird. There are 31 games with Flappy in it.

    Of course this does not mean he isnt going after anything with the name Flappy which would make total sense.

    I currently renamed and waiting for review..."The Flappy 500"

    If I receive...or received such an email or letter I would remove all references to Flappy.

  • unbeatenpixelunbeatenpixel Game Developer Posts: 532Member, PRO

    I do not mention flappy bird but lets be clear.He has right of flappy.If another game has flappy art or his name flappy bla bla.It should be remove but moreover? come onnn.

    Just one example. Fifa / Pes football game 22 players,it plays with ball? come onnn.He never can't buy and can not has game mechanic.

    Check out my games on the App Store!

    Startup Grave / Wordgraphy / Polycolor / 20 Seconds / Minimal Maze / Lokum

  • Thunder_ChildThunder_Child Posts: 2,343Member

    I would be interested in if "Flappy Golf" has been sent such an email. Its a great game. Its also ranked in worth of over $600K via SensorTower.com. Its a game very unique and not really even like Flappy Bird at all other than the character is similar...yet it is not the exact character. Its different.

  • HarisChoudharyHarisChoudhary Posts: 68Member, PRO

    does anyone know how to remove my app from app store?

  • bjandthekatzbjandthekatz Orlando, FlPosts: 1,375Member

    @HarisChoudhary said:
    does anyone know how to remove my app from app store?

    Go to iTunes Connect
    Rights and Pricing
    Unselect all territories.

  • scuurproscuurpro Posts: 63Member, PRO
    edited June 2014

    Heres my advice keep the app up. A couple of reasons for this is cost so much money to sue someone your looking at 100k plus to sue you for a simple game that probably makes a dollar a day. Its a scare tactic to lower the amount of flappy bird games.

  • Thunder_ChildThunder_Child Posts: 2,343Member

    Lol. If rumor true. He needs on 2 days ad revenue to sue him for 100k...don't take this guys advise. >:)

Sign In or Register to comment.