copyright dmca
How to take down app using our SDK illegally
<p>I work for a company that created an image library that contains a lot of effects, it's a windows application.</p>
<p>We recently discovered 2 apps for android and ios that provides image effects the same as our windows application .</p>
<p>Upon further investigation, I discovered that this app calls a remote api, uploads the image you provide, then it runs our application and downloads a new image file with the applied effect on it.</p>
<p>There's no reference to our application or sdk in the app file itself, so we can't prove it's using our sdk in the app and of course we can't prove it uses in the remote server because we don't have access to this server.</p>
<p>The only way we can prove it is by comparing 2 images side by side, one &quot;created&quot; with the android and ios app and the one created with our windows application, they are exactly the same, even the effect names they use in their app are the same names we have the sdk.</p>
<p>I spoke with my managers and they said there's nothing they can do unless they spend a good amount of money with lawsuits etc... They also told that they failed to have google and apple to remove their app. I tried to email the developers enquiring them about it and got no response.</p>
<p>Is it really that difficult to do it? I'm not familiar with DMCA stuff, would that help?</p>
<p>Thanks!</p>

<p>DMCA protects user-driven upload repositories like Youtube, where a user uploads &quot;their&quot; content which then becomes generally available. Youtube makes users swear that they have the right to upload the content, but some users lie. Ordinarily, Youtube would therefore be liable for contributory copyright infringement, and a better target than the uploader (easier to find, deeper pockets). DMCA provides special protect for that kind of hosting service. The basic procedure is that a person files a notice with the host, following a specific protocol, swearing that such-and-such content infringes their copyright (swearing under penalty of perjury). The host then takes the material down. Then the uploader can file a counter-claim that they didn't infringe, and then finally if the claimant doesn't pursue this further the material goes back up, or the claimant gets to say that they filed an infringement lawsuit and the material is taken down (the courts sort it out).  The host never judges the legal merits of the claims, it's all just following procedures for notices.</p>
<p>Although the letter of the law makes it look like you can make ridiculous claims as long as you don't know for sure that you are wrong, in fact people have been legally slapped for filing DMCA takedown notices when they should have known that the use was &quot;fair use&quot;, which is something that can only be definitively determined in court (by the judge or jury, once given all of the defendant's arguments). Since you don't know that the material is actually infringing (it's unclear what you have access to: if this a program that users install on their machines?), it's questionable or at least risky to follow the DMCA route.</p>
