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Developer
Posts: 80
Registered: ‎11-25-2010
My Device: 9700
My Carrier: Rogers

Litigation?

[ Edited ]

Yesterday I received an email from a customer threatening to sue me because he paid for one of my apps, and the file failed to download in App World.

 

Once I finished laughing, I politely told him the App World servers were probably just down for maintenance and that he should try again tomorrow.

 

Obviously I'm not going to get sued for $2.99, especially when it's over an issue that should be between the customer and App World, not me. But it got me thinking.. Has anyone had to deal with REAL litigation regarding their apps? Is it even possible for an independant developer to be sued?

 

I'd be interested in hearing everyone's stories.

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Developer
Posts: 6,541
Registered: ‎10-27-2010
My Device: HTC One, PlayBook, LE Z10, DE Q10
My Carrier: Verizon

Re: Litigation?

They can try, and there are enough lawyers out there that would try to do this.  But for a suit to move forward, the plaintiff will have to show that "damage" was done to them for not being able to download a $3 app to their mobile device.  A suit is an attempt to "make them whole" again.  It would have to fall under small claims and the forms, time, postage and fees, would be more than the app itself.  If a judge got involved, they would ask if they made an attempt to clear the matter up on their own and that you (the defendant) refused to work in good faith.  They would also try to place suit against RIM.  All of it would be laughed out of the majority of legal system.

 

If for some reason you do get something like this.  Try to work in good faith (eg contact RIM about the server).  Keep ALL of your emails and notes and stay professional.  You just never know and it is best to protect yourself.  Also, it is best to keep your business holdings separate from your personal holdings (e.g in the US, LLC business formation and others), so if you do get taken to court, your personal assets are protected.