I receive email from Google this morning about remove my game due to DCMA violate. This is my first problem.
My game is Flow Free clone but have not title and description relate to that, interface not the same.
I lost more 10$ a day with this game. They said that: " U.S. federal courts have held for video games that a
clone is infringing and substantially similar for purposes of copyright
infringement if the “total concept and feel” of the two games is the same"
Anyone have experience with this? not publish app in US can pass this?
Many app have million download still exist here why don’t they don’t delete it: :mad:
https://play.google.com/store/apps/details?id=slide.flowFrenzy
https://play.google.com/store/apps/details?id=com.bitmango.flowline
Text copy of DMCA complaint: subject_lr_dmca: Your Request to Google
full_name: Stephen McArthur
companyname: The McArthur Law Practice
represented_copyright_holder: Big Duck Games, LLC
contact_email_noprefill: [email protected]
country_residence: US
location_of_copyrighted_work: Flow Free:
https://play.google.com/store/apps/details?id=com.bigduckgames.flow&hl=en
Flow Free: Bridges:
https://play.google.com/store/apps/details?id=com.bigduckgames.flowbridges&hl=endescription_of_copyrighted_work: The copyrighted works are the Flow Free
and Flow Free: Bridges video games, both original works by Big Duck Games,
LLC. Registered copyrights for both games include PA 1-907-000, PA
1-907-001, PA 1-908-714, PA-1-915-664, and PA 1-917-339. Big Duck is a two
employee, husband and wife, indie game studio. Flow Free was written from
scratch starting in 2011 and its two founders have worked hard to make it a
success.The nature of our copyright complaint is that the infringing games are
substantially similar clones. They (1) replicate the exact gameplay
organization and experience of the original Flow Free game, and (2)
incorporate imagery from the game, which federal courts have said is enough
to be considered copyright infringement. See, e.g., Spry Fox LLC v.
Lolapps, Inc., 2:12-cv-00147-RAJ (W.D. Wash. Sept. 18, 2012); see also
Tetris Holding, LLC v. XIO Interactive, LLC, 2012 U.S. Dist. LEXIS 74463
(D. N.J., May 30, 2012). The infringing clones have the same gameplay as
Big Duck’s Flow games and are substantially similar with the same total
concept and feel. U.S. federal courts have held for video games that a
clone is infringing and substantially similar for purposes of copyright
infringement if the “total concept and feel” of the two games is the same.