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This doesn't appear fraudulent in any legal sense. DMCA: recipient pretty much must act under the assumption it's legitimate, legal action can be taken against
by kevinpet 17y ago
This doesn't appear fraudulent in any legal sense.
DMCA: recipient pretty much must act under the assumption it's legitimate, legal action can be taken against someone who files one fraudulently.
This case: Apple is free to apply common sense, but no guarantee they will, and no legal action is really possible against "someone sends something making vague claims of proprietary technology".
It doesn't use any magic phrases that have meaning, like "patent pending", and it doesn't claim to be a DMCA takedown, so if Apple decides to yank an app, that's between Apple and the developer they screwed over.
- tptacek 17y agoWhether or not your infringement claim was really based on reasonable evidence is something we'll find out in discovery, won't we? If you get Apple to remove my software from the app store, and I sue you (and I almost certainly will), and it turns out that your claim to Apple was frivolous, your liability is going to be sick.