Author Topic: Getting back on Google Play  (Read 11697 times)

Offline Paul

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Getting back on Google Play
« on: July 13, 2012, 06:17:06 PM »
I've been doing some research, and one thing that keeps bothering me about the takedown of Mupen64Plus AE is that, according to the DMCA, if the offender (me) files a counter DMCA claim, then the offended party (Brad Geng) has 10 - 14 days to show proof of court action.  If they cannot provide this proof in that time frame, then according to the DMCA, Google must restore the content in question.

One way Google might be able to get around this is the clause in their developer agreement that pretty much lets them suspend accounts or content for any or no reason at all.  This would allow them to legally automate a system that just ignores DMCA counter claims and suspends apps and accounts.  This is the theory I've been operating on.  But the problem is that I see several cases of apps that were restored to the Play Store a couple weeks after a DMCA claim (often to just be taken down again with another fake claim, but that's another story).  So why wasn't Mupen64Plus AE restored?

I'm thinking that Google had some other reason for not restoring the app after 10 business days besides the DMCA claim.  I know the only term of the developer agreement in question is the issue of copyright.  My guess is it has something to do with the fact that this is an emulator.  It could be that Google just doesn't like emulators, but rather than going out looking for them to remove, they just wait for someone to complain about them.  If that is the case, then there really is no chance of getting back on Google Play short of Brad dropping dead or the Chinese government cutting off internet access, because as soon as it is republished you can guarantee he will file another DMCA claim.

Another possibility is that Google just had a problem with the screen shots.  One could certainly argue that images of Mario, Link, and Kerby, even if only in screen shots, are copyrighted.  The disclaimer I added to the app description may not be enough to make it legal to use these images.  If that is the case, then it might actually be possible to get Mupen64Plus back on the Play Store.  Perhaps it can just be listed without screen shots.  I'd rather get my original account reinstated, but I'm not sure if that is possible at this point.  I'm considering creating a fake account to test this theory.  Maybe Totally Apps or someone with a legit account is willing to give this a try instead?

Any thoughts on this?


--EDIT--
For reference, here is the section of the DMCA I am talking about:
Quote
In order to protect against the possibility of erroneous or fraudulent
notifications, certain safeguards are built into section 512. Subsection (g)(1) gives the
subscriber the opportunity to respond to the notice and takedown by filing a counter
notification. In order to qualify for the protection against liability for taking down
material, the service provider must promptly notify the subscriber that it has removed
or disabled access to the material. If the subscriber serves a counter notification
complying with statutory requirements, including a statement under penalty of perjury
that the material was removed or disabled through mistake or misidentification, then
unless the copyright owner files an action seeking a court order against the subscriber,
the service provider must put the material back up within 10-14 business days after
receiving the counter notification.
« Last Edit: July 13, 2012, 07:22:57 PM by Paul »
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Offline trev186

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Re: Getting back on Google Play
« Reply #1 on: July 13, 2012, 07:09:34 PM »
I am willing to create a valid Dev account and post the app for u. I don't care if my developer permissions are revoked or I an banned.

I assume we post your app and file a DCMA takedown notice against this imitator ?

Ill do anything to help. You are one of the few devs trying new things with emus like the Saturn

I am free all weekend so feel free to email me and we can work it out . I don't need money

Offline Paul

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Re: Getting back on Google Play
« Reply #2 on: July 13, 2012, 07:19:25 PM »
Thanks, trev.  No, I wouldn't want you to file any DMCA claims against anyone (fake claims are not only illegal, they are also against Googles terms of service).  All you would do is file a counter-claim when Google notifies you of Brad's DMCA claim (the instructions will be in their email).  Basically we'd wait to see whether or not Google reinstates the app in 10 days.  If so, then we will know the problem was with the screen shots.

Do you have any development experience?  If not, I'll create a digital signature for you and use it to sign the APK, so all you'll have to do is create the developer account (if you haven't already) and publish the app.  I'll send you a PM sometime tomorrow with more details.
Device: Samsung Galaxy Nexus i515
CPU: TI OMAP4460, 1.2 GHz (dual core, ARM Cortex-A9)
GPU: PowerVR SGX540, 307 MHz
RAM: 1 GB
Resolution: 720 x 1280
Rom: omni-4.4.4-20141014-toro-FML KitKat 4.4.4, rooted

Device: Eee PC 1015PEM
CPU: Intel Atom N550, 1.5 GHz (dual core, x86)
GPU: Intel GMA 3150, 200 MHz (dual core)
RAM: 2GB
Resolution: 1024 x 600
Rom: android-x86-4.3-20130725 Jelly Bean 4.3, rooted

Offline trev186

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Re: Getting back on Google Play
« Reply #3 on: July 14, 2012, 01:11:35 AM »
Thanks, trev.  No, I wouldn't want you to file any DMCA claims against anyone (fake claims are not only illegal, they are also against Googles terms of service).  All you would do is file a counter-claim when Google notifies you of Brad's DMCA claim (the instructions will be in their email).  Basically we'd wait to see whether or not Google reinstates the app in 10 days.  If so, then we will know the problem was with the screen shots.

Do you have any development experience?  If not, I'll create a digital signature for you and use it to sign the APK, so all you'll have to do is create the developer account (if you haven't already) and publish the app.  I'll send you a PM sometime tomorrow with more details.

I am a cost accountant by trade so you will have to digitally sign the .apk

PM on how I should go about setting things up and we can get started tomorrow

Offline Paul

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Re: Getting back on Google Play
« Reply #4 on: July 14, 2012, 06:43:16 AM »
Ok, I am hoping to finish up my other app today, so I'll send you something later this evening.  In the mean time if you want to set up a developer account, you can start here (there is a red "Sign Up" button in the top-right corner).

I forgot to mention, there is a sign up fee ($25 I think).  I will reimburse you for that, since we're only doing this on a hunch (or alternately, you can publish the app for 99 cents to hopefully earn your set up fee back before it gets taken down).
Device: Samsung Galaxy Nexus i515
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GPU: PowerVR SGX540, 307 MHz
RAM: 1 GB
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Rom: omni-4.4.4-20141014-toro-FML KitKat 4.4.4, rooted

Device: Eee PC 1015PEM
CPU: Intel Atom N550, 1.5 GHz (dual core, x86)
GPU: Intel GMA 3150, 200 MHz (dual core)
RAM: 2GB
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Rom: android-x86-4.3-20130725 Jelly Bean 4.3, rooted

Offline trev186

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Re: Getting back on Google Play
« Reply #5 on: July 14, 2012, 02:13:09 PM »
Don't worry about the $25. Count it as a donation towards your current and future projects.

Just wanna make sure if my developer privliges  get banned it does not affect my general Android account right ?

Offline trev186

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Re: Getting back on Google Play
« Reply #6 on: July 14, 2012, 02:16:45 PM »
So the below image should confirm I am setup

Offline Paul

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Re: Getting back on Google Play
« Reply #7 on: July 14, 2012, 02:23:56 PM »
Hmm.  That's a good point.  It would affect your Google Wallet account only if your account gets banned (which shouldn't happen with only one app suspension).  If that were to happen, you would have to create a new wallet account, because that is what is used when you buy apps from Google Play (basically you'd have to create a new gmail account and link that to the Play Store app).  I'd understand if you don't want to go through with it, just let me know.  I can just create a fake developer account, and use the one you just created to publish something else less risky.
Device: Samsung Galaxy Nexus i515
CPU: TI OMAP4460, 1.2 GHz (dual core, ARM Cortex-A9)
GPU: PowerVR SGX540, 307 MHz
RAM: 1 GB
Resolution: 720 x 1280
Rom: omni-4.4.4-20141014-toro-FML KitKat 4.4.4, rooted

Device: Eee PC 1015PEM
CPU: Intel Atom N550, 1.5 GHz (dual core, x86)
GPU: Intel GMA 3150, 200 MHz (dual core)
RAM: 2GB
Resolution: 1024 x 600
Rom: android-x86-4.3-20130725 Jelly Bean 4.3, rooted

Offline trev186

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Re: Getting back on Google Play
« Reply #8 on: July 14, 2012, 03:59:31 PM »
Hmm.  That's a good point.  It would affect your Google Wallet account only if your account gets banned (which shouldn't happen with only one app suspension).  If that were to happen, you would have to create a new wallet account, because that is what is used when you buy apps from Google Play (basically you'd have to create a new gmail account and link that to the Play Store app).  I'd understand if you don't want to go through with it, just let me know.  I can just create a fake developer account, and use the one you just created to publish something else less risky.

No worries I have a backup Google wallet account. I will set that one up for a Dev account and use it. I don't care if that account gets banned

Offline trev186

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Re: Getting back on Google Play
« Reply #9 on: July 14, 2012, 04:10:13 PM »
Hmm.  That's a good point.  It would affect your Google Wallet account only if your account gets banned (which shouldn't happen with only one app suspension).  If that were to happen, you would have to create a new wallet account, because that is what is used when you buy apps from Google Play (basically you'd have to create a new gmail account and link that to the Play Store app).  I'd understand if you don't want to go through with it, just let me know.  I can just create a fake developer account, and use the one you just created to publish something else less risky.

No worries I have a backup Google wallet account. I will set that one up for a Dev account and use it. I don't care if that account gets banned

OK setup my alternate Gmail account with it's own Google wallet account and Dev account. Additionally I used a different cc.

So this should insure that my primary account does not get banned and thus prevented from buying applications.

Offline Paul

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Re: Getting back on Google Play
« Reply #10 on: July 14, 2012, 05:06:02 PM »
Sounds good.  Just so you rest easy, Google doesn't seem to flag multiple wallet accounts after a ban.  When I created another wallet account after the first one got killed when my developer account was banned, I used the exact same contact and credit card information and called it paulscode2 instead of paulscode.  Google didn't have any problems with it, so the flag only affects the wallet account linked with the banned developer account.  Now if I were to try and create another developer account with it they'd probably have an issue.  I'm half tempted to spend $25 to see if their whole "we'll ban any future accounts you create" is just a bluff ;P
Device: Samsung Galaxy Nexus i515
CPU: TI OMAP4460, 1.2 GHz (dual core, ARM Cortex-A9)
GPU: PowerVR SGX540, 307 MHz
RAM: 1 GB
Resolution: 720 x 1280
Rom: omni-4.4.4-20141014-toro-FML KitKat 4.4.4, rooted

Device: Eee PC 1015PEM
CPU: Intel Atom N550, 1.5 GHz (dual core, x86)
GPU: Intel GMA 3150, 200 MHz (dual core)
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Offline trev186

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Re: Getting back on Google Play
« Reply #11 on: July 15, 2012, 07:20:16 PM »
Just waiting on the PM for further instructions ;)

Offline Paul

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Re: Getting back on Google Play
« Reply #12 on: July 15, 2012, 07:35:11 PM »
Hey, sorry, had an unexpected problem with my other app, and spent all day fixing it.  I'll have to send you that APK tomorrow, sorry.
Device: Samsung Galaxy Nexus i515
CPU: TI OMAP4460, 1.2 GHz (dual core, ARM Cortex-A9)
GPU: PowerVR SGX540, 307 MHz
RAM: 1 GB
Resolution: 720 x 1280
Rom: omni-4.4.4-20141014-toro-FML KitKat 4.4.4, rooted

Device: Eee PC 1015PEM
CPU: Intel Atom N550, 1.5 GHz (dual core, x86)
GPU: Intel GMA 3150, 200 MHz (dual core)
RAM: 2GB
Resolution: 1024 x 600
Rom: android-x86-4.3-20130725 Jelly Bean 4.3, rooted

Offline Paul

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Re: Getting back on Google Play
« Reply #13 on: July 16, 2012, 07:23:19 PM »
I packaged up everything you need to publish, and sent you a PM.  Let me know if you need help with anything.  Once you've uploaded the APK, be sure to select "Save" before you switch to the tab for entering the details (and vice-versa).  Once you have entered everything and saved, go to the APK tab and choose to "activate" it.
Device: Samsung Galaxy Nexus i515
CPU: TI OMAP4460, 1.2 GHz (dual core, ARM Cortex-A9)
GPU: PowerVR SGX540, 307 MHz
RAM: 1 GB
Resolution: 720 x 1280
Rom: omni-4.4.4-20141014-toro-FML KitKat 4.4.4, rooted

Device: Eee PC 1015PEM
CPU: Intel Atom N550, 1.5 GHz (dual core, x86)
GPU: Intel GMA 3150, 200 MHz (dual core)
RAM: 2GB
Resolution: 1024 x 600
Rom: android-x86-4.3-20130725 Jelly Bean 4.3, rooted

Offline trev186

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Re: Getting back on Google Play
« Reply #14 on: July 17, 2012, 12:36:29 AM »