QUESTION
Is Google liable for not acting on valid DCMA request for copyright violation of our original Android app by an infringing app in Google Play Store?
Asked on Jun 02nd, 2013 on Intellectual Property - Washington
More details to this question:
Our original Android app has seen some success in Google Play Store. Recently there is a copycat app that exactly duplicates the functionality of our original app. Even the words from our app is copied verbatim. I filed a DCMA request to Google. Google did not follow up for 3 weeks and when I followed up on my email, I got a response saying that they decided to take no action. They also said that they will also not provide information about the developers of the infringing app without a subpoena. I have snapshots and videos of the infringing app that clearly demonstrate the infringement. Is Google liable for failure to take appropriate action on our valid DCMA request? Can we sue Google for damages from lost sales of our original app? Thanks.
1 ANSWER
Intellectual Property Litigation Attorney serving Jackson, NJ
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Gertner Mandel, LLC
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The DMCA is a "safe harbor" provision which means that it is a way for someone who might otherwise be liable for copyright infringement to avoid liability. If you, indeed, have a valid copyright and the notification you provided is also valid under the Copyright Act, and the protectable elements of your app have been illicitly copied, then it is possible that Google might be liable for facilitating the infringement.
Answered on Jun 03rd, 2013 at 4:07 PM