Apple Dumps Another Game For Being 'Too Similar' To Tetris
from the but-not-illegally-so dept
You can almost understand the reasoning behind Apple pushing the creator of a Tetris-like game called "Tris" to remove his app from the App Store. There's a decent chance that the game doesn't violate The Tetris Company's IP, but the "Tris" name could conceivably run afoul of the trademark. However, it's difficult to understand the reasoning behind Apple taking down another game for being "too similar" to Tetris. The game, called Shaker, has some similarities to Tetris, but is quite clearly a different game -- and with a name like Shaker isn't going to run into any issues on the trademark front (thanks to reader J. Locke for pointing us to the story). It's unlikely that The Tetris Company has any actual legal claim here, so it's rather ridiculous that Apple is using its dictatorial authority to just remove it. Does that mean that anyone who creates a similar app to someone else's App Store app can ask Apple to remove all competitors?Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.
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Filed Under: apps, copyright, iphone, shaker, tetris, tris
Companies: apple, tetris company
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However, with the way they deny and ban Apps left and right, for any reason, has forced me to not develop for the platform due to the risk of rejection. I would've been more than willing to spend thousands of dollars to get an iPhone, iBook, and a SDK license, as well as comment hundreds of hours of my development teams time in order to create products for the App store. However, seeing how many frivolous rejections Apple has made, theres no way I'm going to risk that much time, money, and effort on something that can arbitrarily be denied for stupid bullshit.
So the end result is that all the app ideas we have will now be developed for the Android platform.
If Apple was trying to scare developers away they've done a great job.
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So? There is nothing illegal about creating a similar game.
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so?
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For example, the linked article states that the owner of Tetris has complained. What isn't clear is if a DMCA takedown notice was issued to Apple by the Tetris owner, and it would be great if you guys in the media can find out.
If so that completely changes the nature of these stories because DMCA filings would imply that the App Store may be under under Safe Harbor provisions, and Apple has to act on notices much like YouTube has to respond to similar crap on disputed videos.
It would be nice to know what is really going on. Thanks.
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If so that completely changes the nature of these stories because DMCA filings would imply that the App Store may be under under Safe Harbor provisions, and Apple has to act on notices much like YouTube has to respond to similar crap on disputed videos.
Interesting possibility -- though, if true, the app developer should have been specifically notified that it was a DMCA takedown so he could file a reply. It would almost certainly be an abuse of the DMCA if this was a DMCA filing.
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Why Bother?
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Serious question: How so? Care to elaborate?
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But that's the thing. You make it sound as if just because someone makes a game, they automatically get a say over any similar game. That's simply untrue. It's not their IP, they're protecting against *competitors*.
If you owned a pizza place, of course you would aggressively try to protect against any other pizza place opening. But you can't. Because we know competition is good and we encourage it.
So why does Tetris get to shut down competitors?
I just don't get Techdirt sometimes. It's like they have on opinion, and no matter what the situation, they ALWAYS have to apply that opinion
Well, yes, we do apply our model to many situations, but that model is based on fact (as opposed to your claim that competition is somehow illegal).
This game simply does not violate Tetris' IP. You claim they should protect their IP, but shutting down competitors goes beyond their IP. The only way this game violates Tetris IP is if it were an exact copy or used a name like Tetris. It did neither, and thus does not violate its IP.
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The problem is that this is your opinion, and is not a court opinion. Until a developer is willing to take Tetris to court and win, the situation will remain as it is.
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"The only way this game violates Tetris IP is if it were an exact copy or used a name like Tetris. It did neither, and thus does not violate its IP."
So, changing the name of something, and adding a drinks recipe makes it a different game? How about I start re-publishing Techdirt on my own website, change all of the words 'to', 'too', and 'two' to the number 2, remove everyone's name (repackage the content) and throw in some drinks recipes. Would your employer be after me for stealing your content? I would think so. If not, I hope you have a day job.
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This has gone to court... The Judge, Jury, and Executioner are APPLE
You want to live in their world, you have to follow their rules, or you get the hell out (or never step foot in, as I have chosen to do).
Heil Jobs, Heil Jobs, Heil Jobs....
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