A friend pointed me to the following link today: http://itunes.apple.com/ie/app/fighter-vs-heli-lite/id362284862?mt=8 and http://itunes.apple.com/au/app/fighter-vs-heli/id362284732?mt=8 I kindly request the immediate removal of the Heli Application from the itunes app store as the application violate the copyright of squarecircleco [developer Chris Rhodes] and spriteattack [art myself] as the initial creators of the flash game HeliAttack3 release on miniclip.com and other selected sites in 2005. http://www.miniclip.com/games/heli-attack-3/en/ The application developer riseuplabs does not have any rights to the game nor permission to use any of the art or rip off the gameplay. I am the artist of HeliAttack2 and 3 and copyright holder of all the art in the game. This is the 2nd time riseuplabs has been submitting an application using the art from Heli-Attack 3. The first attempt was taken off in February of this year [APP6952]. I am surprised by the audacity of this third world developer to do the same stunt again and utterly disappointed by apple to allow thieves like them to make money of other peoples work. Seeing the 2nd game was submitted right after the first one was taken off. I am seriously looking for ways to take action against such an audacity. I know apple is busy and can't check all apps for copyright problems but a publisher already linked to a IP breach submitting the same thing right away looks like incompetence on apple's side to me. Anyone got some advice what I can do? I am feeling rather gutted at the moment. Chris
I am wondering why a developer can still submit app after after doing such a thing. Their account should be closed. That's ridiculous.
@RttaM and Gravity Jim - Ever tried suing someone in Bangladesh - as that's where this dev is hiding - and the other problem will be going after apple for negligence... I doubt I stand a chance either way... @Sirke - I can't understand it either and those guys have 142 crappy apps in the store... *sigh*
It might be worth trying to find out how much of their other stuff is stolen too, I'm guessing the reason they stole from you twice is because they're just scanning the web for games they can clone, and didn't even notice that they'd already used one of yours. If you can find a few more examples maybe Apple will feel inclined to revoke their license. There's always a chance they'll come back but it seems the best option at the moment.
write an official complaint to Apple, there is a contact me email/form this this. simply state that you are the copyright holder of the artwork specifically referencing your own pages. they will contact the developer, ask them to comply to the copyright request and the developer will either remove the applications or apple will shut down their account. simple. apple does not verify the legality of information/assets used, if they did this, it would be 3x the delay for waiting for applications to get approved - even those who create their own artwork, it is also a fine line when it comes to copyright, apple cannot be the judge, only the middle man. do not blame apple, blame the developer and threaten legal action if they do not comply to removing the game. you may also be able to claim damages for games sold as well - but that may not be so easy and will require legal services.
mobile1up - I did that... The annoying thing is that these punks did it before - same game / same art... They just renamed it and resubmitted 2 weeks later... It's like a slap in the face - and a clear statement that they do not give a shit (pardon my french)... I emailed the developer threatenig legal action and contacted an international law firm to do it... but I honestly do not expect much success on that end... To me a developer with a proven record should be examined a little closer.... and I can't understand how apple could let them get by with it...
now you have a repeat offense - let apple know and they will most likely consider terminating the developers agreement and revoke any application in the future.. but that does not stop them doing it again under another name. you must have some good shit for them to steal like this think positive!
mobile1up is absolutely right -- Apple simply cannot act as copyright police, not only because of the delay issue, but also because it opens the company to litigation by the likes of you (i.e. those injured by copyright violations). As to looking closer to developers with a proven record, that's a tricky one. For every one who knowingly violates copyrights and trademarks, there are plenty others who have gotten cease and desist letters for asinine reasons. Remember the Edge debacle? Stoneloops of Jurassica? Should those developers also get the third degree every time they submit a new app? After all, they have a "proven record" of copyright/trademark violations. Your case is clear cut and you would think that there would be an easy way to handle it. Unfortunately, whatever solution one comes up with would also have to allow for fair results in the more ambiguous cases. That's where things get murky.
Thanks, guys... and I know it's not an easy or even feasable task... but at least I would have expect apple to confirm the receipt of my emails 24+ hours in... but so far no word no action. The main thing is the frustration... I have worked on more than a dozen iphone games - and I worked hard on polishing the titles. Then come some punks spit in my face by stealing from me twice and making money of my work... knowing quite well that there is very little I can do... It just sucks!
This is utterly insane... http://itunes.apple.com/au/app/heli-...359002710?mt=8 Is the exact game taken down in February and back in the store in early March - not just by 1 seller but by 2... They just alter the name and icon 'HeliAttack' turns into 'Fighter vs Heli' and 'HeliWars' and apple just waves it through. What the hell is going on?
Just keep issuing takedown notices to Apple. Make special mention of the fact that this is the third time, presumably by the same developer(s); Apple will suspend accounts of repeat offenders. If possible have an IP lawyer draw up a Cease and Desist order to have sent to the developers that ripped off your stuff. After that ... well, it's up to you how much you want to spend to pursue it further.
