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[Aquin]

Um, let's not call it the AC.  

Besides, this jerk is pretty evasive.  Usually somebody makes a mistake... and he might well have made one, but it'd be in Chinese and I wouldn't really know what he said.  Kinda sucks, but hopefully you guys figure something out.

Really, I think mobile phones in general need to get their act together.  They're used to being a fringe product and so play fast and loose with the rules... but now that like 80% of the global population own a cellphone (yeah, look that one up, it's like 78% or something), this shit really needs to stop.

Too bad regulators are so technologically-handicapped, we can't really look to them for an equitable solution.

[Oddball]

Definitely get your lawyer to contact them. Also inform Apple of the situation and tell them that you have started legal proceedings, they'll then remove the app until it's resolved. And just to prove these things have a happy-ish ending here's Quarter Circle Forwards take on having the Desktop Dungeons iPhone clone removed. http://www.qcfdesign.com/?p=401

[namre]

Um, let's not call it the AC. 

Besides, this jerk is pretty evasive.  Usually somebody makes a mistake... and he might well have made one, but it'd be in Chinese and I wouldn't really know what he said.  Kinda sucks, but hopefully you guys figure something out.

Really, I think mobile phones in general need to get their act together.  They're used to being a fringe product and so play fast and loose with the rules... but now that like 80% of the global population own a cellphone (yeah, look that one up, it's like 78% or something), this shit really needs to stop.

Too bad regulators are so technologically-handicapped, we can't really look to them for an equitable solution.

That is why I really think there should be an Aquin Coalition (Tentative name still need permission from the great Aquin), not only should the organization help in cases like this, but also they could spread the word on how serious the issue is to the world.

The reason why regulators are so lax is because they need to be pointed on where to look and what to watch out for.

[Aquin]

Well, it's not just pointing them in the "right" direction.  It's pretty clear from all the debate surrounding net neutrality, they haven't the first clue (but that's another topic entirely.)

Having such an organization would be nice, but I almost feel like we should push the ESA or IGDA towards forming such a group, rather than forming one independently.  I somehow doubt any of us (and especially me) have the time or perseverance or indomitable will necessary.

[Melly]

indomitable will

Question, which indie has the most indomitable will? Let us rally around him.

[supershigi]

This is absolutely ridiculous and infuriating.  When some pirate in China does this to a big company at least the big company has the contacts and legal team to shut them down... But when it happens to an indie dev it feels so frustrating because of what little recourse you have.  It amazes me that Apple doesn't have better a better system of protection in place to prevent this kind of crap from happening (I mean, the people who ripped you off didn't even provide legitimate contact info!)

[Laufman]

We would love to send these guys a letter from our lawyer but they have no where to actually contact them.  Clearly these assholes or asshole knew what they were doing. The baffling part to me is that Apple doesn't enforce having a proper website and contact information.

Yesterday I spent a good part of my day trying to get the word out on the net. It's really important for the small indie guys to know that this is happening. Your game could be in the app store right now, putting money into the pocket of a thief.

We're still perplexed that this guy didn't redo the art. There wasn't much to the game asset wise.  I created 90% of the assets in a day. Then change the name and we couldn't have done much about it.  But to steal every fucking thing, except the main character which was stolen from "The League of Evil" is mind blowingly stupid. 

I'll keep you guys posted when we finally hear from Apple.  The REAL port should be done in a week so I really hope this whole thing doesn't mess up our launch of The Blocks Cometh. 

Oh and the kicker is the BOGUS game is #94 in the US games.  That's some serious cash we're potentially losing out on.

[Craig Stern]

We would love to send these guys a letter from our lawyer but they have no where to actually contact them.  Clearly these assholes or asshole knew what they were doing. The baffling part to me is that Apple doesn't enforce having a proper website and contact information.

The bad thing: this will make it very difficult to sue the culprit(s). Your litigation costs would probably far exceed your lost profits; and even if you won, well, good luck collecting your judgment.

The good thing: you can sue Apple for vicarious copyright infringement. Here's the test:

"When the right and ability to supervise coalesce with an obvious and direct financial interest in the exploitation of copyrighted materials — even in the absence of actual knowledge that the copyright monopoly is being impaired ... — the purposes of copyright law may be best effectuated by the imposition of liability upon the beneficiary of that exploitation." (Shapiro, Bernstein & Co. v. H.L. Green Co.)

"[E]ven in the absence of an employer-employee relationship one may be vicariously liable if he has the right and ability to supervise the infringing activity and also has a direct financial interest in such activities." (Fonavisa, Inc. v. Cherry Auction, Inc.)

I would talk to your lawyer about this.

[PsySal]

@Craig Great idea. I, too, think Apple should be sued over this.

[Aquin]

Definitely agreed.  At the very least, they'll get their shit together and actually start MANAGING their goddamn App store, instead of just letting it run amok.

[Laufman]

Suing apple seems like a daunting task.  We're not looking to really sue anyone.  It's a painful, expensive and lengthy experience and in the end you usually don't get what you want. I really just want their game gone, so that we can get our real version up there. 

I posted the whole story up to this point on our website in case you are interested in more information about our stolen game situation. 
http://www.halfbot.com/?p=338

 

[Aquin]

Yeah man, I totally get why you wouldn't want to waste your time on that.  I was thinking of it more as a community endeavor than just any single one of us sticking our neck out against Apple.

[Pocketninja]

  This makes me feel so sick...

I can see it be very frustrating as taking this guy down is near impossible with the resources at hand.

For the moment (as you suggested) we should think on a smaller scale. Maybe we can all contact Apple with the same message? That way this issue would stand out from the bunch and maybe get tackled quicker. Idn.

I really hope this gets solved; best wishes to you. 

[Conker534]

 

[J-Snake]

How long did it take to clone your game? For how long was it flash only? Just out of interest how quick those pricks are.

[Conker534]

This is bull why did this happen. People suck, honestly. How can someone steal someones hard work, and sell it.   

[ஒழுக்கின்மை (Paul Eres)]

How long did it take to clone your game? For how long was it flash only? Just out of interest how quick those pricks are.

if it was flash chances are they didn't even have to 'clone' it but decompiled it and used the source code and ported that.

[Craig Stern]

I really just want their game gone, so that we can get our real version up there.

Then contact Apple and ask them to remove the infringing game. Problem solved, thread over.

Until it happens again, of course.

I suggested suing primarily because Apple needs an economic incentive to start monitoring their store for copyright infringers. Right now, they make the same money whether it's the copyright owner selling each game or someone infringing on that copyright. The only way that copyright infringement could possibly matter to them is if they are put on the hook for the economic damage they cause to developers. That means a lawsuit.

And yeah, it would be a hassle, sure--but it would also be good for the indie community, and it would probably generate a lot of positive press for you and your studio. Just my two cents.

[Conker534]

If you have the money of course

[Helmeted]

Fucking thieves.

Hopefully Apple will do the right thing.

Fucking thieves.