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Developer
Posts: 484
Registered: ‎07-17-2008
My Device: Not Specified

Re: Someone uploaded my app without my consent. What can I do?

Geez, makes me wish RIM was a little more stringent before issuing app world accounts.

 

I hope they revoked this kids signing keys.

 

 

Developer
Posts: 455
Registered: ‎03-04-2011
My Device: Paper cup

Re: Someone uploaded my app without my consent. What can I do?


falo wrote:
I'm kind of hoping it's sincere. Very possibly an innocent mistake by a kid who didn't understand the implication of what he was doing. I'd hope it's a good learning experience for him and won't dissuade him from trying out some app development of his own.

Didn't understand the implication?  Even a 5-year-old would know the implication of selling someone else's goods.

 

Developer
Posts: 97
Registered: ‎05-12-2009
My Device: PlayBook
My Carrier: 3

Re: Someone uploaded my app without my consent. What can I do?

I was under the impression this was a free app.
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You can find me (sporadically) writing and developing at http://floor4.co.uk and gaming at http://uk-tf.co.uk
My Apps: Flip!
New Contributor
Posts: 2
Registered: ‎03-02-2012
My Device: None
My Carrier: None

Re: Someone uploaded my app without my consent. What can I do?

[ Edited ]

You are correct I did not charge for the app. I set it to be available for free on App World like I had seen it on other sites like SoftSonic.

Also I am very pleased to say that me and the developer have worked this issue out.

In addition a friend of mine had explained to me that just because an app is available for free only means I can USE the application but not edit or distribute it, and to do those things I would need to find an app that is distributed under an open source license like the GPL.

Developer
Posts: 6,473
Registered: ‎12-08-2010
My Device: PlayBook, Z10
My Carrier: none

Re: Someone uploaded my app without my consent. What can I do?


20lgcu wrote:

In addition a friend of mine had explained to me that just because an app is available for free only means I can USE the application but not edit or distribute it, and to do those things I would need to find an app that is distributed under an open source license like the GPL.


That's more or less true, and welcome to the school of hard knocks and your rapid education on intellectual property laws. ;-)  Take comfort in knowing that even many more experienced developers have a very poor understanding of this type of thing.

 

Basically, if you didn't write it, you have no rights to it except those which are explicitly granted by whatever license the copyright owner grants you.  If they haven't explicitly granted you a license (and you'll know if they have, because you'll have it there in writing right in front of you), then you have no rights to do anything with it.

 

If it's open source, however, the author/copyright owner is generally granting you some rights, which may or may not include distributing copies, or even selling it. GPL, for example, grants you the right even to sell something, provided you also make the source freely available including for any changes you make to your derived work (i.e. an app you create based on the GPLed work).

 

In a nutshell (and ignoring some edge cases and differences in laws between countries), whoever writes something holds the copyright on it, and the copyright allows them to control any access to or use of it through various licenses as they see fit.  You had no such license for this app other than perhaps installing it on your own device, so you violated the author's copyright.

 

By the way, although you'll see hundreds of people in some forums posting "free" Android apps that they converted from APK form, almost all of them are likely doing so in violation of whatever license allowed them access in the first place. No real difference from what you did, but you're now a long way ahead of them in terms of understanding your legal (and, I hope, moral) obligations here. :-)


Peter Hansen -- (BB10 and dev-related blog posts at http://peterhansen.ca.)
Author of White Noise and Battery Guru for BB10 and for PlayBook | Get more from your battery!
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Developer
Posts: 455
Registered: ‎03-04-2011
My Device: Paper cup

Re: Someone uploaded my app without my consent. What can I do?

From a developer's standpoint, even though you knew it was going to happen, it still knocks the wind out of you the first time you find someone distributing your work illegally. You want to drive to the person's house and personally serve them with a lawsuit. After a few times you're calmer and just file a DMCA take-down notice with the hosting service. Then the post disappears, and sometimes the poster's account too.