On Apr 7, 11:31 am, "Al Sutton" <a...@funkyandroid.com> wrote:
> Implementations can be copyrighted which is where there claim comes from.

Yes, implementations may be copyrighted, but unless these apps
actually use code stolen from an official Tetris release, they are not
infringing against these copyrights.

A game's mechanics absolutely positively may not be copyrighted.  I
quote straight from the US Copyright Office: "The idea for a game is
not protected by copyright. The same is true of the name or title
given to the game and of the method or methods for playing
it." (http://www.copyright.gov/fls/fl108.html)

TTC is (and has been, for quite some time) trying to churn copyright
and trademark together into some muddy mixture of general IP
protection so they can assert ownership over the _idea_ itself, but
this is not legally valid.  As mentioned previously, this is the type
of thing that would require a patent, but they don't have one, so
they're instead banking on the fact that the people they're going
after don't have the resources to fight them.

Google's hands are tied, since they have to comply with DMCA requests
by default.  Counter-notifications are the way to go, and should
effectively force the issue - recall, Apple yanked the apps by its own
decision, so a counter-claim means nothing, whereas Google is simply
pulling apps to comply with DMCA.  There's a _huge_ difference there.

>
> Having seen the demo video of your game I can see why they would appear to
> have a reasonable basis for their case. You'd added some fancy features, but
> the basic game play is the same right down to the block shapes.
>
> My advice, and I'm not a lawyer, is to start work on something original
> because I don't see Google letting you back in the market with your app any
> time soon.
>
> Al.
> ---
>
> * Written an Android App? - List it athttp://andappstore.com/*
>
> ======
> Funky Android Limited is registered in England & Wales with the
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> The views expressed in this email are those of the author and not
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>
> -----Original Message-----
> From: android-developers@googlegroups.com
>
> [mailto:android-develop...@googlegroups.com] On Behalf Of Tasos.Kleisas
> Sent: 07 April 2009 16:22
> To: Android Developers
> Subject: [android-developers] Re: Apps labeled as Tetris Clones removed from
> Android Market
>
> Ideas cannot be copyrighted, only patented. But the Tetris Company does not
> have a patent. And game concepts are not patentable. Take a look 
> athttp://desiree47.wordpress.com/andhttp://abednarz.net/wp/34/They claim a
> look and feel copyright claim, but the game art, sounds and music have
> nothing to do with tetris.
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