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First off, thank you for correctly attributing the issue to CBC, rather than saying that Apple is forcing you. (too many of these articles act like it is Apple'

by nirvana 15y ago

First off, thank you for correctly attributing the issue to CBC, rather than saying that Apple is forcing you. (too many of these articles act like it is Apple's doing.) Secondly, I think that they may not actually be forcing you. I suspect that if you just kept selling it, you might never hear from them again. If you do hear from them again, it won't be a summons for a lawsuit. I think you're at step 2 of about 30 steps before they file. Before they file, they have to make sure that they have a case that is worth filing. The fact that you already complied with the tidemark and copyright issues, and that you're just enabling reception of content they are freely distributing makes the chance of the court case being a total farce very high. While any court case, even a farce, may be more expensive than you want to bear, there is nothing to stop you from immediately removing the app from the store the moment they actually file. But the likelihood of them having farce of a court case probably means they won't file. It would be in the news, and the news would not be sympathetic to CBC (at least if this were america...) Personally, if I were in your shoes, that's what I'd do... wait until they indicate they are serious. Sending letters is meaningless, and all letters from lawyers sound threatening to non-lawyers. I'm not a lawyer and this isn't legal advice. I did have a situation like that where someone claimed I was infringing, I thought it would be a farce, I simply ignored them, and they never sued. If they had sued, it would have been a media circus and I was almost hoping for that.

HeyLaughingBoy 15y ago
While any court case, even a farce, may be more expensive than you want to bear, there is nothing to stop you from immediately removing the app from the store the moment they actually file. What would that accomplish? He would still have in hand a summons to court and a lawsuit filed against him and whatever damages they felt were owed. Assuming they are unwilling to settle, now he has to go to court to defend himself, or risk getting a summary judgement against him. You can ignore (as a calculated risk) letters claiming you're infringing. Ignoring an actual notice that a suit has been filed against you is another thing altogether. [edit] OK, at the time of filing, he won't have a summons, but he still has to Answer the Complaints filed.
- nirvana 15y ago
  Right, in fact, I'm suggesting that he not ignore a notice of a suit, and instead remove the app from the store. There may be a case for stopping him from continuing to sell the app, and by removing it, he eliminates that case. The case for "damages" done by selling the app up until the date of the lawsuit is a different case, and I believe a more difficult case to make than the "he's using our trademarks" case. Since anyone can get these same broadcasts via the internet, that he is letting people get, via the internet, it is kinda hard to say he's damaged CBC's ability to distribute the broadcasts, via the internet, which they distribute for free. He can't have cut into any of their sales... so the claim that he's damaged them in some way becomes kinda tenuous.

by nirvana 15y ago

HeyLaughingBoy 15y ago

While any court case, even a farce, may be more expensive than you want to bear, there is nothing to stop you from immediately removing the app from the store the moment they actually file. What would that accomplish? He would still have in hand a summons to court and a lawsuit filed against him and whatever damages they felt were owed. Assuming they are unwilling to settle, now he has to go to court to defend himself, or risk getting a summary judgement against him. You can ignore (as a calculated risk) letters claiming you're infringing. Ignoring an actual notice that a suit has been filed against you is another thing altogether. [edit] OK, at the time of filing, he won't have a summons, but he still has to Answer the Complaints filed.

nirvana 15y ago
Right, in fact, I'm suggesting that he not ignore a notice of a suit, and instead remove the app from the store. There may be a case for stopping him from continuing to sell the app, and by removing it, he eliminates that case. The case for "damages" done by selling the app up until the date of the lawsuit is a different case, and I believe a more difficult case to make than the "he's using our trademarks" case. Since anyone can get these same broadcasts via the internet, that he is letting people get, via the internet, it is kinda hard to say he's damaged CBC's ability to distribute the broadcasts, via the internet, which they distribute for free. He can't have cut into any of their sales... so the claim that he's damaged them in some way becomes kinda tenuous.