Out of interest, are you looking at releasing this into the app store? It looks quite good and seems fun from the flash version but I'm definitely not buying it from the current devs in the app store :| Also this may be an interesting read regarding Halfbot's 'The Block's Cometh' http://www.gamezebo.com/news/2011/02/23/interview-halfbots-derek-laufman-talks-theft-app-store The problem about releasing it would that you'd need to do something different or extra to make people want to buy your version rather than be satisfied with the one that they already have. Extra levels, different balls / characters, etc. And it still seems to be in the New Zealand Store - Featured in the New and Noteworthy Section and #15 in the Top Paid iPhone apps D: Edit: Ninja'd
Muhaha. But yeah, I've reported it. Really sad that it's on 'New and Noteworthy' and high up the charts.
I'm not a lawyer, but this is clearly a case of copyright infringement. They could get their app pulled for any one of these reasons: using the same name, artwork, or music. The name is a trademark issue (get a trademark with the USPTO for a stronger case), and the other two are copyright infringement issues. They could copy the gameplay mechanics, but would have to use their own art, music, and name. You have a strong case, so Apple will likely pull it. It boggles the mind that people would do this considering how many Flash games have been ported over to iOS. And since there is a delay before Apple cuts your check, all their potential profits are now in limbo. Might be worth talking to other iOS developers who were in the same boat to see if Apple refunded customers or gave profits to the legit devs or kept it for themselves.
I wish you luck. My only advice would be to be careful about what you say on a public forum such as this, especially if you think legal action may be necessary.
This is unbelievable. I can't imagine how angry and let down you must feel. It's still at #8... On the other hand, you've got a pretty solid legal case here if you can prove your game is yours which I believe you can. They can't copy art assets that closely and think they can get away with it. Its one thing to copy an idea but this is just blatantly a rip-off and you're going to win everything they are making off the sale of it...
Hey Rivers, I just sent you an email regarding how to contact apple about this. We're hoping for a swift take down! This crap has to stop! The company that ripped you off has the most ironic mission statement. "Welcome to GAMEXTAR STUDIOS, our goal is to make video games that communicate different emotional experiences the current video game market is not offering. We encourage innovation and experimentation and believe that our creative games will appeal to new, yet untapped, audiences."
After contact with the developer, I found my case may be different with the Halfbot's one. The developer told me that he had contacted us before he start make the iOS version, but didn't get our reply. And now he is willing to share the profit with us. I think this may not be a bad idea. Thanks everybody, your posts really helped us. I hope we can get a satisfying result.
You would have though that you'd need consent before hand? Especially with a blatant copy. Also it may be a good idea to take that offer, as unless you can do anything amazing, your sales probably won't do nearly as well as a re-release :| If you had released it before hand though you'd get much more :S Your call though and although it may not mean much, I advise that you listen to other's opinions before making a decision on what to do now that you've been given that offer.
it can happen SPAM filters get in the way - good thing is you responded. we contacted the Chain Rxn guys before we did a FREE port of Chain Rxn to the iphone; they didn't even respond, so we just went ahead and released it for free (yes, we wanted it that bad).. when it hit top-chart positions (freebie) they decided to finally do something; instead of talking to us, sending a C&D to apple and then a few months later releasing their own version (paid). oh well - sometimes it pays to keep open communication, developers can be inspired by others; if they ask, and you do not respond, what else can they do? i think it is great you can talk to the developer and discuss profit sharing; if you come to that arrangement, it means you no longer have to build the app however the longer you leave it, the more money you'll lose as you will lose that valuable exposure. good luck with your discussions with the developer; you are doing the right thing here.. most companies wouldn't talk at all; it can be a win-win for both of you.
Are you serious? You ported someone else's game without permission and put it up for free no less devaluating the product and making it impossible for them to make their own port, yet you're surprised you got hit with a C&D. You sir should be behind bars. And since when do we take no reply to mean: "yes, do whatever you want with our property"?
He has no right to share the profit with you to be honest but, as the game has been released and has been fairly successful, sharing the profit is probably the best option. However it is your game so make sure you get a very large share, at least 80% I would say but don't accept a small share just to stop the argument. Good luck Also, the fact that he contacted you beforehand is completely irrelevant as he didn't get a reply anyway...
Listen. You're not accepting this guy's offer. Period. You're not sharing profits. You're taking all his profits. He stole from you. Call a lawyer immediately man this is a serious legal issue here... You can sue him for a lot more than the profits, this is your own intellectual property they stole from you. You can sue for damages and a whole bunch of other legal stuff I probably wouldn't even know about. Seriously, don't share anything. Stop talking to the developer after you send one more email back saying "You'll hear from my lawyer."
And this can be a big PR move for when you release your version of the game. Blogs would eat this up. Something similar happened with iFart when that came out and the news about it all is what made iFart the #1 App at the time. Step 1: Lawyer Step 2: Email every Apple & App blog on earth about this...
I think the decision is going to depend partly on the time and resources you have available, if your not ready to start working on your version now then the above advice might not work.
Ok timing is important when releasing the story to review sites and blogs to coincide with your App's release. But its also important that you hire a lawyer ASAP.
