Why and how can this app be #2 and the free version is on top as well? I don't want to insult App Store customers, but come on!? The reviews are less than 2 stars so it should be obvious something is wrong with it. Almost every review informs people that it is NOT a game and they are just sounds. Is there something more going on? Perhaps the company is paying some marketing company to buy it's way into the Top 10?
I'm suprised it hasn't been removed from sale due to a complaint from Nintendo. Sometimes apps just catch on though and once it's on the top then it has the power of visiblity from being in the top 25, when purchasing from the device the reviews are not very prominent so I think it's easy to see how people don't really even look at reviews. All they see is a cheap app on top of the charts that has something to do with Mario so they buy it.
Yeah I think it's pretty obvious people are being fooled into thinking it's an actual game. Even those smart enough to know it's not official probably think they can get some sort of Mario clone out of it. To be honest that icon alone is likely to draw the kids in by the thousands.
Is it legal thought? I've seen several "Mario" apps and some of them have been over a year old and have yet to be taken down. Why hasn't Nintendo gone after them?
It's definitely not legal. Nintendo is foolishly ignoring the App Store instead of dedicating even one man to daily policing for their IP. Anyone who wants to give them a nudge is perfectly welcome to do so at [email protected]
I am very surprise too with this App. I follow this App from a few days ago, and i can't believe that people don't read that are only sounds. In spite of bad reviews and complains for customers this App continues being 2 on AppStore. Amazing... Maybe we must work on a '60 sonic and friends' App? LOL
Good idea. Profiting off someone else's work is lame, especially with the kind of half-assed bullshit some people are trying to pass off as apps. It's not the first time this has happened on the app store either. Seeing that "Super Mario Jump" app the other day (blatant papijump ripoff, being sold for $2) actually annoyed me enough to make me email Nintendo about it, and the app was gone less than a week later. I suppose they could argue it's not costing them any sales, but it's still being done blatantly in bad faith (and probably tricking 90% of the morons who download it into thinking it's from Nintendo). These are lazy profiteers doing whatever they can to make a quick buck without doing any work themselves, and that's exactly why we have copyright laws.
I think if they are not directly affecting your sales, you should let nintendo and apple worry about dealing with them.
No, they're not affecting our sales. Well, aside from taking up a valuable slot in the top 20 and top 100 lists that could be occupied by a more worthwhile app... Besides, is there anything wrong with being annoyed by the fact that a blatant scam is at #2 on the app store?
I facepalmed at it too, but it didn't once cross my mind to narc him to nintendo, or even apple. This would accomplish nothing in my favor.
But calling them out would help out all the people who are getting ripped off. I mean now they have increased their price to 1.99 and changed their graphic to on sale 50% off. Not to mention they are in the games category when its just a sound board. I am wondering why hasn't apple removed this. They removed Hand Heater and Mario Jump recently but at least those were correctly categorized and clearly stated what the app did. Scratch that now $2.99.
That's a pretty terrible attitude to take. So if you saw someone committing a crime in person, then as long as it was not directly affecting you, you'd ignore it? Action needs to be taken against these types of scumbag developers, and giving tips to Nintendo or Apple that someone is breaking the law is just the right thing to do. Furthermore, even if you are selfish it certainly DOES accomplish several things in your favor. 1. There will be fewer apps in the store which will give you a better chance of being in the top app lists (maybe a small difference, but when one of those apps is in the top 20 it makes a difference). 2. Taking action against developers will set a precedent to make it less likely that others do the same in the future. 3. The reputation of the app store will be improved. I suspect you might have a different attitude if was YOUR IP that got ripped off.
MindJuice, I couldn't have said it better myself. One last benefit is over 20,000 people per day will buy *something else* once this is out of the store, spreading those sales out to more deserving apps and developers.
If you saw someone jump over the ticket barrier on the subway you'd make an effort to point him out to the guard? Or is that more the responsibility of the transport authority to look out for and tackle? I'm not saying it's not unfair, but should we all be emailing Nintendo about it? If they want to ignore it then shouldn't it be their problem? BTW, just to be clear, I'm not sure what side I stand on this issue, but I do see valid points on both sides of the argument.
well - someone obviously contacted Nintendo when we did our game and watch classic remakes it is typical - some people get upset about stuff, some are happy someone has made the effort to make something available Nintendo never would. Nintendo's biggest problem is they wont license or offer their intellectual property to platforms like iPhone et al. now this "60 Mario and Friends" - its basically a sound board - unfortunately; it is classified within the Games category. this is confusing to the consumers and obviously the developer is taking advantage of this and is making a killing by charging $1.99 for every copy. great business model he has there. Nintendo isn't the issue here - Apple is. they approved this app; and it is obvious the developer doesn't have the rights to the sound effects he has within his application. it wont be hard for Apple to identify this - and the application should eventually be removed from the store. what gets me; is Nintendo should definitely go after the developer because of the icon that is in use - obviously using the Mario computer character without permission.
I understand your point, and in some cases there could be consequences against you if you take some action against a person (e.g., getting involved to help someone being mugged could get you killed). Also, no company can possibly afford the resources to be on the lookup absolutely everywhere for IP infringement, just as no city can afford to hire police to watch the actions of every single person. Being a good citizen should mean that if you see something illegal being done, then you report it, even if you choose to do so anonymously to avoid any possible backlash. At first I thought that Apple was stupid for not stopping this app, but after thinking about it a bit more, who's to say that this guy doesn't have a licensing agreement with Nintendo for those sounds. Apple can't be taking the time to check if every developer's submission has properly licensed art, sounds, etc. Apple has covered their arse with the legal agreement between themselves and developers by putting the onus on us to be sure that we are legally entitled to use the IP in our games and apps.
oh - trust me; he doesn't have the rights. Nintendo doesn't work that way i'm dealing from years of experience dealing with Nintendo IP lawyers - i've had game and watch style games on palmos and other older platforms; first they focused on character usage - but, i could keep some of them. then i dealt with them around the first gameboy emulator for Palm OS - even thought emulators are legal - they dont agree and like to make it a living hell for you. heck, Mobile 1UP was founded on some of these arguments; but then with the success and threatening effect of the iDevice towards the DS and DSi - they dug up more reasons to claim against it. Nintendo *never* gives any developer, big or small - access to its IP. we've also tried to get this; and had big companies with funding try to get access as well - no go.
ka-ching! i wonder if the developer is watching these forums. i guess they are making money and are definitely trying to catch on the hype they are getting. even posting to a news site like toucharcade or gizmodo would just give them more publicity. if your upset; contact apple.. Nintendo will take ages to get their legal team together anyhow; but apple may expect a letter from them before they do anything as well.
