Snes9x.com

Posted: **Sat Sep 10, 2011 3:44 am**

Hey guys, looks like we have a problem. Just got this in my inbox:

This is a notification that the application, Snes9x EX with package ID com.explusalpha.Snes9x has been removed from Android Market due to a violation of the Developer Content Policy. Please review the Content Policies and Business and Program Policies before you create or upload additional applications. Note that repeated violations may result in a suspension of your Android Market Publisher account.

Meanwhile, all the scam developer apps are still available. WTF Google?

Posted: **Sat Sep 10, 2011 5:36 pm**

If you want, I can mirror your project. Shoot me a email. camoyoshi at camoyoshi dot x10 dot mx.

Posted: **Sat Sep 10, 2011 6:39 pm**

So if I understand the Developer Content Policy correctly, this could only be an "Intellectual Property" issue? I.e. a DMCA request from someone?

Posted: **Sat Sep 10, 2011 10:33 pm**

OV2 wrote:So if I understand the Developer Content Policy correctly, this could only be an "Intellectual Property" issue? I.e. a DMCA request from someone?

That's what I assume happened, but I'm trying to find out who sent the complaint and the specific part of the policy that was violated. So far Google hasn't replied and we'll probably need to wait until Monday at the earliest to know.

I already got some emails from people who want to re-install the app but can't do so anymore, so I've posted the APK on my site for the time being.

Posted: **Sun Sep 11, 2011 9:50 pm**

Ouch, sorry to hear that Rakashazi..

I don't get this one myself, seeing as you did distribute Snes9X EX for free, unlike other grubby bastards...

Posted: **Mon Sep 12, 2011 11:33 am**

do you think it might be an issue with the screen shots that are shown in the app description on the market? I couldn't think of anything else that could be the cause of an "IP" issue, short of the app icon being the SNES controller.

Posted: **Mon Sep 12, 2011 8:56 pm**

The screenshots are a possibility, but why are other SNES apps using actual in-game images still up? Also, I see plenty of media player apps with screenshots of movies and VNC apps with screenshots of Windows to demonstrate their functionality. Anyone know what the exact legality of using images in this way is?

I don't think there's a problem with the icon since it's sufficiently stylized compared to the actual controller. Just as before, there are other apps still up using photographic icons of the controller/console. And what about all the Nintendo-themed wallpapers/ringtones/icon sets still being sold illegally?

Unfortunately Google has still not responded to my email so there is no way to know the real reason for the removal yet.

Posted: **Mon Sep 12, 2011 9:29 pm**

Rakashazi wrote:The screenshots are a possibility, but why are other SNES apps using actual in-game images still up? Also, I see plenty of media player apps with screenshots of movies and VNC apps with screenshots of Windows to demonstrate their functionality. Anyone know what the exact legality of using images in this way is?

I don't think there's a problem with the icon since it's sufficiently stylized compared to the actual controller. Just as before, there are other apps still up using photographic icons of the controller/console. And what about all the Nintendo-themed wallpapers/ringtones/icon sets still being sold illegally?

Unfortunately Google has still not responded to my email so there is no way the real reason for the removal yet.

it wouldn't surprise me terribly much to find out that a complaint was filed by one of the other authors to remove the "free competition."

Posted: **Wed Sep 14, 2011 3:20 am**

Still no reply from Google (I've sent 2 emails and 1 support request via their site so far). It's strange there was no mention of filing a DMCA counter-claim in the email they sent, thought that was required.

odditude wrote:it wouldn't surprise me terribly much to find out that a complaint was filed by one of the other authors to remove the "free competition."

I certainly hope that's not the case. It would be an outrageous thing to do and mostly likely leave the person open to legal repercussions.

Posted: **Mon Sep 19, 2011 2:41 am**

I've got a nook color I rooted about a month ago and I was able to download snes9x on to it. One thing led to another and I tried to do an update and switch to the cyanogenmod and I ended up bricking it. Long story longer I got a new nook, re-rooted it. Got the cyanogenmod on it and went to download snes9x off of the market and it's not there (much to my surprise and aggravation) Is it totally gone off of the market or is there a work around someone could use to install it via sd card or something. Really enjoyed this program for playing snes games. Kudos

Posted: **Mon Sep 19, 2011 1:59 pm**

Rakashazi wrote:I already got some emails from people who want to re-install the app but can't do so anymore, so I've posted the APK on my site for the time being.

Posted: **Mon Oct 03, 2011 6:12 pm**

This has to do with how Google deals with takedown notices. The first time a notice comes in, they drop it, no questions asked. This is a crappy policy for many reasons, but there it is.

You can send Google a form letter requesting that you be re-listed. Google -claims- they'll keep your app up after that even if they get notices, but they also say that this opens you up to the potential for legal battles.

The Tetris Company pulled exactly the sort of stunt you're talking about, Odditude. They sent takedown notices for ALL the Tetris clones despite having no legal basis for most of them, and when they were removed, only their 'official' Tetris was left on the market (for money, of course).

Posted: **Mon Oct 03, 2011 9:52 pm**

SparroHawc wrote:The Tetris Company pulled exactly the sort of stunt you're talking about, Odditude. They sent takedown notices for ALL the Tetris clones despite having no legal basis for most of them, and when they were removed, only their 'official' Tetris was left on the market (for money, of course).

the Tetris Company had perfect legal basis. this is not a similar situation.

Posted: **Tue Oct 04, 2011 6:53 pm**

Maybe not, but it's the one I know of that informed me of how Google deals with the Android market and takedown notices.

Posted: **Sat Oct 08, 2011 12:25 pm**

I already got some emails from people who want to re-install the app but can't do so anymore, so I've posted the APK on my site for the time being.

Thanks a lot, Rakashazi, I love this app!
Google starts to look like the Evil Empire to me...

Posted: **Tue Oct 11, 2011 11:28 pm**

I found a form on Chilling Effects (which Google is on friendly terms with; they send them all their DMCA takedown notices) for DMCA counter-complaints:

http://www.chillingeffects.org/dmca/counter512.pdf

And on some exploration, found out a little legal gem. If Google receives a DMCA takedown notice and DOESN'T take the offending item down, they are open to litigation from the company making the claim. If they take down the item, then receive a counter-complaint and put it back up, they are not liable; only the person who filed the counter-complaint is liable.

To be safe though, I'd take out the SNES screenshots and replace 'em with homebrew ROM screenshots or romhacks that have all original art.

Posted: **Wed Oct 12, 2011 3:00 am**

Finally got a reply after all this time and 4 different messages, though it's just a confirmation that they're currently investigating the issue. Ah well, it's a start at least. I don't want to file a counter-notification yet since I don't know what content was infringed (it's supposed to be listed in any DMCA notice). In fact, I still cannot confirm it was a DMCA take-down since Google have made no mention of it in their messages.

Switching out the screenshots with homebrew games sounds like a good idea assuming the app is re-listed to be on the safe side.

Posted: **Thu Dec 01, 2011 7:03 pm**

Rakashazi wrote:Finally got a reply after all this time and 4 different messages, though it's just a confirmation that they're currently investigating the issue. Ah well, it's a start at least. I don't want to file a counter-notification yet since I don't know what content was infringed (it's supposed to be listed in any DMCA notice). In fact, I still cannot confirm it was a DMCA take-down since Google have made no mention of it in their messages.

Switching out the screenshots with homebrew games sounds like a good idea assuming the app is re-listed to be on the safe side.

Sorry to hear that your application was taken away from the Android market. That really stinks! I was actually looking forward to downloading an emulator of some sort -- especially with me basically LIVING on my phone.

It's odd though! You'd think with all the loopholes (and the fact that your software would technically be open source), they wouldn't have a problem with that type of software being on the android marketplace. Copyright laws are really fickle, aren't they? Do you think ip lawyers could assist in the matter? Sending ya lots of luck! Hopefully you're able to get everything worked out.

Posted: **Fri Dec 02, 2011 3:16 am**

He's still got the app downloadable on his website.

Snes9x.com

Snes9X EX has been suspended from the Android Market

Snes9X EX has been suspended from the Android Market

so is it gone?