3 ms·
Google doesn't have a legal requirement to allow the app to exist in its market place. Google does have a legal requirement to comply in good faith to DMCA and
by Meph504 4y ago
Google doesn't have a legal requirement to allow the app to exist in its market place.
Google does have a legal requirement to comply in good faith to DMCA and copyright claims.
It is really simple from a legal standpoint for google, which path to take. what "risk" are they exposing themselves too by not allowing this app again?
- lsaferite 4y ago> OCILLA also includes a counternotification provision that offers OSPs a safe harbor from liability to their users when users claim that the material in question is not, in fact, infringing. DMCA Counter Claim https://www.dmca.com/FAQ/What-is-a-DMCA-Counterclaim https://www.dmca.com/FAQ/What-is-a-DMCA-Counterclaim
- Meph504 4y agoYeah no doubt there are countless things that can be done, but all are initiated by the app dev, and none will probably compel Google do anything without a legal determination that the app isn't infringing. This system like in most cases is stacked against the little guy, he has an avenue but it's a long and possibly costly one.
- vorpalhex 4y agoGoogle only must comply with a non-contested DMCA notice. The moment it is contested, Google is done and has done their job. They are not the copyright arbiters - that would be the job of the court. By executing a takedown, Google is not acting under the DMCA. They are executing a takedown of an app that may or may not be infringing. They can absolutely be sued or taken to arbitration (ToS withstanding) with no DMCA protection.
- deleted 4y ago[deleted]