QUESTION
Is Google responsible for not acting on DCMA request for copyright violation of our Android app in Google Play Store?
Asked on Jun 02nd, 2013 on Patents - Utah
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.
2 ANSWERS
If this is an app in a Google branded store, the DMCA ISP provision may not even come into play. Is the distributor potentially liable for contributory copyright infringement: yes. You should discuss the details of this issue with an attorney to determine the strength of your case.
Answered on Jun 06th, 2013 at 12:48 AM
Intellectual Property Attorney serving South Jordan, UT
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Pearson Butler
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Failure to follow the DMCA safe harbor provision results in not being able to take advantage of the safe harbor.
Answered on Jun 06th, 2013 at 12:47 AM