I'm being sued for 'copying game play' ?!

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21 comments, last by KoMaXX 10 years, 1 month ago

Hi!

I've recently published a small (but fun ;) ) iOS game, Flipz:

https://itunes.apple.com/us/app/flipz/id775988938?mt=8

I basically wrote it as a birthday gift for my father since I never know what to give him. The game principle is not completely unique but at least has some unique features not seen in any other games (at least as far as I know).

Now, for the scary part: I recently received a cease-and-desist email in broken English from the publisher of the following game:

https://itunes.apple.com/us/app/block-puzzle-fit-match-magnet/id738268654?mt=8

The email basically states that I copied their game illegally, that I should remove my game immediately from the app store and pay "lawyer fees" of 500$.

What should I do now?? Granted, the games share a bit of gameplay but look nothing like each other and I do have some unique features in it. Should I remove my game and pay as requested? Should I lawyer up and refute the claim?

My game has only like 200 downloads, so I don't know how I even got a target :<

Any suggestions are greatly appreciated!

Go on, feed your brain: http://poroba.com/flip/flipz.php

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What should I do now??


Consult an attorney. There's a list of game attorneys stickied to this forum.

-- Tom Sloper -- sloperama.com

I doubt they have a leg to stand on, but nevertheless, consult an attorney.

To be honest, it just sounds like they're trying to extort money; I doubt they'd follow through with an actual legal claim.

Thanks Tom!

I'm not expecting to make any money with Flipz (it was just a birthday gift!) and I would prefer not to spend any money on this either...

Is there actually grounds for a the cease-and-desist letter?

If, I'll have to take down the game, fine (but sad) - but I'd rather not pay :[

Go on, feed your brain: http://poroba.com/flip/flipz.php

"Broken english, weird claim, demands money", that already fulfills 3 out of 4 criteria on the scam-o-matic scale. Did they say "hurry, or it will get more expensive" too?

Korean company, one of the poorest websites I've seen in my life... are you sure that the C&D letter comes from a lawyer at all? Seems rather unlikely that this is a serious claim.

But really, if you want to be safe, you have no option than lawyer up (and even then you're not safe...). Hopefully you got a legal cost insurance, since obviously Sang Ki Kwon isn't going to refund your expenses (between 10 and 190 Euros for a first counselling). Most likely you'll get "Well, it depends..." anyway, but not for free.

Personally I'd just ignore that guy, but that's me. He published his game a month before you published yours, so if it's reasonable to expect you worked on it for over a month (not doing it as a full-time job), it seems a tough challenge having copied any of it. For me, that would be raising a middle finger (especially since I'm not aware of any possibility for a guy in Korea to enforce such a claim in Bavaria).

Thank you samoth.

Since I've settled down now a bit, I also feel like just ignoring it... Or not. D*mn, games were supposed to be about fun >_<

However, for now, I'll just reach out to that developer of "block puzzle" and ask him directly what's going on there...

And no, I don't have legal cost insurance - and wouldn't have dreamed of needing it for this!

Go on, feed your brain: http://poroba.com/flip/flipz.php

If you have released this on the Apple app store then Apple have a system in place for protecting iOS developers. If the other developer wants you pull your game then they need to contact Apple and not send you a C&D. Your app is published by Apple and is sold in apples store if he wants your app removed he needs to tell Apple and then apple will send you an email either telling you to change something or that they are going to pull your app.

Apple have whole teams of lawyers in place who deal with things like this every day on behalf of its app developers who cannot always get a lawyer.


Your app is published by Apple and is sold in apples store

Haven't thought of that! Thank you very much, I'll try to reach Apple then!

Go on, feed your brain: http://poroba.com/flip/flipz.php

However, for now, I'll just reach out to that developer of "block puzzle" and ask him directly what's going on there...


IANAL and all that, but don't do this. Every contact with this guy should be through your lawyer, for your own protection. Clearly "what's going on there" is that he hopes to intimidate you, extort you for a little bit of cash, and remove a competitor. Contacting him won't solve anything, and could in fact cause potential complications if/when it does go to court.

FLeBlanc,

... maybe you're right. I'm a "just let's sit down and work this out" guy but perhaps not the route to go here :/ Thanks.

I'll lawyer up then.

Go on, feed your brain: http://poroba.com/flip/flipz.php

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