as we know, google is really unpredictable nowadays.
and that from the “inside”. there’s from outside too, like copyright claim.
so i just want to ask all developers here, Do DISCLAIMER in description really effective?
i mean like this
All any images shown or represented in this game remain the property of owner right. We make no claim to and do not have any rights to any of the foregoing.
----- Disclaimer -----
All characters, names, places, and events and all other aspects are the property of their respective owners. All trademarks and copyrights are the property of their respective owners. We make no claim to and do not have any rights to any of the foregoing. In creating this unofficial app, we assert its rights under the “fair use” doctrine pursuant to United States Copyright law and its equivalent in all jurisdictions. If you feel there has been a contravention of your propriety rights please contact us.
is that how it works?
AND is the “Claimers” will even spent his/her precious time to report the Dev? or JUST STRAIGHT to report Google?
so is the apps that have that kind of disclaimer, WILL HAVE 100% SECURITY in terms of Copyright Disclaimer??
or that’s just nonsense and myth from developer??
IMHO, use that [DISCLAIMER] word will make your apps easier to find?
please for dev that used to do this kind of apps, share your experience
Google does not care about your description, fair use is not applicable to revenue generating app unless the infringing material is not the focus or subject of the app. Stop hiding behind fair use, it will not help you in court.
Fair use works in your favor if your use of the material is “transformative” i.e. for example a parody etc.
HOWEVER, that may or may not work in court - and Google and how it acts is another matter. It’s not like Google is going to go out on a limb to protect your app if a copyright owner insists an app be taken down - or so far we have NOT heard of Google aggressively defending a violator in court against a copyright owner. HOWEVER, Google DOES have an interest in keeping the boundaries pretty open - because Google has been the subject of similar action in it’s use of images for Google Images etc. (and youtube with users posting videos).
Also the copyright owners probably vary in their degree of prosecution - for example Lucas Arts used to be fairly agreeable to fan films etc. - the situation may change with Disney owning it now (or maybe not). But others have been reported as being more aggressive (for example Hasbro ?).
So it probably depends on how much you are infringing, but more likely more on how much copyright owner is bothering to go after such stuff.
EDIT: perhaps a visible disclaimer in your Description which tells Google in a way that you are very willing to make changes if certain things are challenged by copyright owner. This MAY signal to Google that it would be worth it to warn you (and i.e. the developer won’t be a pain to deal with via e-mail etc.). This is just my common sense reading of how a human at Google may behave.
Google has been increasingly keen on protecting copyright of big companies.
The problem is that even if your app falls under fair use legally, I think Google wont really listen to us.
What’s the problem? Go and create some unique games instead of making 1000’s of fake spam apps!
I’m so sick of this! I think google will take the next step really soon and start to actually review their apps like apple before release! “I need money to feed the kids” that’s not an excuse to make fake n gay apps dude, go and get a real job! I’m done with android!
I can’t wait til I’ll finally switch over to the world of apple, I’ll proly trade in my laggy n ugly S4 for a iPhone 5S! And I recently built a gaming rig so I’m dualbooting mavericks and windows 8! Fuck this android shit man! Sorry my language but I’m really sick of all these fake money generator apps -.-
All that it does is to provide evidence that the copyright violation was willful.