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by ruqqq
4844 days ago
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The email clearly states "using our trademark and CONTENT". That's what the email is for. Furthermore, their TOS is worded to be confusing (at least it is to me): http://9gag.com/tos Anyhow, I'm not going to make this into im-a-bitter-dev commotion. Some here even state that it's not the users I'm worried about because if I am, then I can just direct them to the official app. My real concern is that my app existed before 9GAG's, and although 90% of my users are using it free, there are some who appreciate the work I put into making a nice-to-use app and bought the "Pro" version. These are the people I would NOT want to disappoint. I'm still weighing solutions and brainstorming on how to make their dollar spent worth it. But for now, I've removed 9GAG references in the Play Store listings. |
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The letter does claim that you are using their content, but the use of which infringes on their trademark and copyright. Your use of the user-submitted content would not infringe on their copyright: users were never asked to assign copyright to 9GAG, and in most cases, would not be able to as they were not the original copyright holders to begin with.
If there was a fundamental copyright problem (i.e., the entire basis of your app is copyright infringement due to an ownership claim on all the user-supplied content) and they wanted to shut your app down, they could've just issued a run-of-the-mill DMCA takedown notice to Google. That they didn't seems, to me, that they are fine with your app as long as you remove the infringing elements.
If you were interested in keeping Nine around without fear of 9GAG taking additional action, I'd ask them what content, exactly, infringes on their copyright and have them enumerate what you need to remove. It may be something relatively straightforward, like certain assets or logos that you may be using in your app.