Escalate the issue with Google and point out that no legal action has actually been taken, and that they are required to reinstate your material. Follow through and do not relent until it happens or you are served with a court appearance.
Then, if I were you, I would find out who is abusing the DMCA takedown and actually file suit against them. You probably have a decent case. On Sunday, October 14, 2012 6:31:04 AM UTC-7, Terry wrote: > > At the end of the "Chilling Effects" text you linked to, I found the > following line: "If the copyright owner does not notify the service > provider within 14 business days that it has filed a claim against you in > court, your materials can be restored to the Internet." > > This is obviously what Google has followed. > > But - if the "copyright owner" (i.e. the developer who succeeded in > removing my apps) did file a claim against me in some court, > > - has Google really seen proof that he did so? (or did he just *say *that > he did?) > - why have I not received some proof/info of the fact that he did file > this claim? > - can the "copyright owner" undo (take back) the claim against me - and > still be sure that my apps remain removed? > - will Google continue to track this case? > > Now that the other deveoper has succeeded in removing my apps, I doubt > that he will go through with an expensive court case, in order to obtain - > what? > > Terry > > > kl. 11:57:19 UTC+2 søndag 14. oktober 2012 skrev RichardC følgende: >> >> http://www.chillingeffects.org/dmca512/ >> >> On Sunday, October 14, 2012 10:06:03 AM UTC+1, Terry wrote: >>> >>> Correction: The reference numbers (for removals) are *[#1121348892] >>> and **[#1121360722]*** >>> >>> * >>> * >>> >>> kl. 10:51:49 UTC+2 søndag 14. oktober 2012 skrev Terry følgende: >>>> >>>> Two of my apps have been removed from the Google Play Store, (a >>>> free/trial version and a pro version of the same app). >>>> >>>> A developer of a similar app asked for them to be removed. The reason >>>> for removal was given as “Alleged copyright infringement (according to >>>> the terms of the Digital Millenium Copyright Act).” >>>> >>>> As I could not understand that my apps had violated any of his >>>> copyrights, I sent a DMCA counter notification to Google. >>>> >>>> After a few weeks, Google replied:"If we do not receive notice that >>>> the complainant has brought a court action within 10 to 14 days, we will >>>> reinstate the material in question." >>>> >>>> This made me full of hope. I assumed that it meant that Google had not >>>> accepted the request for removal, and I did not think that the meager >>>> economy associated with an app could be the reason to start a costly legal >>>> action. >>>> >>>> After another few weeks, I received the following email from Google: “We >>>> are in receipt of your attached counter notification letter. Upon >>>> presenting >>>> the complainant with your counter notification letter, they responded >>>> stating their intention to take the matter to court. We will await >>>> your correspondence regarding the results of the court order before taking >>>> any further action.” >>>> >>>> I sent them another email, pointing out that I had had no information >>>> as to a court action, to which they replied: “Unfortunately we are >>>> unable to assist you any further regarding this issue at this point.” >>>> >>>> I still have heard nothing as to a legal action, neither from Google, >>>> nor the complainant or any court. >>>> >>>> So, the conclusion of this unhappy affair seems to be the following: >>>> >>>> if you want to remove some bothersome apps, you just have to complain >>>> to Google that your copyrights have been violated. If they do not agree, >>>> you just have to tell them that you intend to take the matter to court. >>>> (You don’t have to carry it through.) Then they will remove the apps you >>>> are asking for. >>>> >>>> Can it really be THIS easy to remove a competitor’s apps? >>>> >>>> Without any consequences? >>>> >>>> Or is there something I have misunderstood? >>>> >>>> In case anyone inside Google would care to take a closer look at this >>>> case, the reference numbers (for removals) are *[#1121348892] and ** >>>> [#1121348892]** *. >>>> >>>> Regards, Terry >>>> >>>> >>>> -- You received this message because you are subscribed to the Google Groups "Android Developers" group. To post to this group, send email to android-developers@googlegroups.com To unsubscribe from this group, send email to android-developers+unsubscr...@googlegroups.com For more options, visit this group at http://groups.google.com/group/android-developers?hl=en
