GAME IS STOLEN!!!!
iWin
Member Posts: 334
I recently created a game that i spent a long time on but didnt publish it because it was my first game for iphone, and i used pictures online that was copyright just to try out, it was more like a test game to see if i can do it. It turned out pretty good so i put it shared folder so people can view it and maybe learn something from it. But on the app store today i came cross the game i made, that was published by itechtouch, all he did was change the name from space tack to star tack, and is selling it for .99 cents, it is so obvious that he stole my game because he didnt change the game name on the title page. Does anyone know what i should do about this, or have any suggestions for me,,
Comments
Do you have your name in any project comment/note sections that the culprit may have not taken out that you could point Apple to looking at in a "strings" output of the project and if found have them remove it? Maybe a good idea to add some in future projects in case the guy is lazy...not sure if GameSalad's packaging of the app strips out comments/notes though.
Or maybe GameSalad could provide some upload timestamps of your project in your use with talks with Apple.
Or you could go dastardly and alert the folks whose images you say were copyrighted and then they could send a DCMA to Apple and have the app removed but you know the person would just look for some new replacement graphics and re-submit it to Apple.
Going forward...
A public blog post on a reputable blog hosting site highlighting the game name and a very brief and vague statement about game play (to not reveal too much) and then an eventual screenshot may come in handy for a timestamp notice...but some may think it is fake-able (thus the use of reputable blog site that has "entry last edited dd/mm/yyyy hh:mm" timestamps).
Also, mailing yourself a copy of the code, images, etc. in a self-addressed sealed envelope with a post office timestamp postage cancellation mark on it is a common way to establish idea timeframe. Not sure how that really holds up in court though.
I'm sure there are other things you can do in your current situation and in going forward.
It's nice that you wanted to allow people to learn, but as you can see, some people will use the work of others and pass it off as their own.
A day earlier, itechtouch joined GameSalad: http://gamesalad.com/p/iTechTouch
The person's name is Eli Mizrahi.
On January 6th, Star Tack appeared on the iTunes store.
There are a few things you can get from this.
1. itechtouch has to have a gs account (and indeed, it seems he does - see above).
2. itechtouch has not uploaded any games as yet to gs - there is NO WAY that he could have created the game, and for you to have downloaded it claiming it as your own. You are in the clear here - it's obviously happened the other way round.
3. Seriously, this just isn't cricket!
If you need to contact him you can have a look at his twitter here: http://twitter.com/itechtouch/
Or his website, here: http://itechtouch.com/
Unfortunately, under the terms of service ( http://gamesalad.com/wiki/gamesalad_online_terms_of_service ), it seems that:
"If the GENDAI GAMES Service on which you contribute Content permits other users to access and use that contributed Content as part of the GENDAI GAMES Service, than you also grant all other users of the relevant GENDAI GAMES Service the right to use, copy, display, perform, create derivative works from, and otherwise communicate and distribute your contributed Content on or through the relevant GENDAI GAMES Service without further notice, attribution or compensation to you."
So I'm not sure where you stand on this legally.
I'm personally interested in making a pachinko style game, which is based off one of the new templates. Of course, I was going to email the Gendai guys to see if they were ok with that. Mr itechtouch doesn't feel the need: http://itunes.apple.com/us/app/plinko/id348650766?mt=8
It would be great to have the GS guys investigate this, and if they can't/won't, then contact Apple with all the info you have and cross your fingers.
It's a shame, as I think the fact that people share their stuff here lets others learn by example. Additionally, make sure you put copyright notices on your stuff.
Good luck!
Dr. Sam Beckett never returned home...
Twitter: https://twitter.com/Quantum_Sheep
Web: https://quantumsheep.itch.io
Dr. Sam Beckett never returned home...
Twitter: https://twitter.com/Quantum_Sheep
Web: https://quantumsheep.itch.io
Looks like it was first uploaded by a Todd. Now it is with this guy.
This is just plain WRONG! I can't believe this! Not only that but to also take the pichinko template and just plain pretty much steal that is incredible.
Hopefully something can be done.
http://gamesalad.com/blog/2010/01/09/this-weeks-new-iphone-games/
I wonder if Todd (the maker of Penny Pinch) even realises
Dr. Sam Beckett never returned home...
Twitter: https://twitter.com/Quantum_Sheep
Web: https://quantumsheep.itch.io
What's worse, all of his apps are simple crap spamming the app store. an "iGodPray" app!?!?!
He is also abusing gamesalad by taking someones game and passing it off on their own. It just sucks because gamesalad is here for non coders to be able to make great games, and there are some just here to find an easier way to make dumb crapware! smh >:(
Just to be sure, eh?
Dr. Sam Beckett never returned home...
Twitter: https://twitter.com/Quantum_Sheep
Web: https://quantumsheep.itch.io
It just sucks that this guy did this. not cool.
A couple of the alleged culprit's other iTunes titles look very similar to early iPhone app tutorials from about a year ago or so.
Pretty much seems to throw up as many apps to maximize multiple possible small revenue streams per unit of time - good strategy to some extent (not the stealing that is).
Just something to think about.
(Don't know if it is true but it is a possibility putting him in the clear for that app but it is not looking good from what has been established thus far...assuming you, iWin, are telling the truth which it sounds like you are.)
If enough of those came in to Apple for this developer, he may get banned from iTunes app selling.
Doubt the copyright holder would sue although they may have an attorney draft the guy a letter asking him to remove the copyright info.
You may want to do a "Whois" on the guy's domain name...there is another name there...possibly one of his partners. It has an address and phone number too.