

Ask HN: My Google Play App Removed on Bogus Copyright Claims - Advice? - Zaheer

Hi Everyone,<p>I'm a sophomore at UC Irvine and recently created my first 'product' (www.TagsForLikes.com). TagsForLikes essentially curates Instagram tags and compiles them to copy and paste into your pictures easily. I recently created an App for the sites content and this morning got served with the following email from Google (edited for brevity):<p>"This is a notification that your application, TagsForLikes - Instagram Tags, with package ID com.tagsforlikes.tagsforlikes, has been removed from the Google Play Store.<p>REASON FOR REMOVAL: Violation of the intellectual property and impersonation or deceptive behavior provisions of the Content Policy."<p>...<p>"If you feel we have made this determination in error, you can visit the Google Play Help Center article for additional information regarding this removal."<p>I am preparing an appeal letter and would love some advice or tips to deal with this. Some points:<p>1. Google does not even tell me who's intellectual property I am infringing upon or what the claim is against in my app. This makes it very difficult for me to defend my app given I don't know what exactly I'm supposed to be defending against! I am near certain though it is from a competitor who recently was very vocally angry at my success and lack of his.<p>2. The free version of my app has been removed yet the Pro, paid version, remains available. Maybe just a delay on Google's part?<p>3. All the tags I have curated were curated originally from me by scanning through manually Instagram pictures and seeing which tags were used the most. Surely the tags are public information because they are available to see by anyone on Instagram?<p>Thanks for reading thus far and again would love any advice or tips anyone has for responding to this.
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grabeh
"The Instagram Services contain Content of Users and other Instagram
licensors. Except as provided within this Agreement, you may not copy, modify,
translate, publish, broadcast, transmit, distribute, perform, display, or sell
any Content appearing on or through the Instagram Services."

Perhaps Instagram made a complaint on the basis of the above clause of their
terms of use. Although I would argue that the tags are not copyrightable due
to their short length, Instagram may feel differently. Although quite how they
are being harmed by your service is difficult to see.

~~~
Zaheer
I was thinking of this too but would that not come under Online Fair use laws?
Also there are other apps on the store that compile hashtags as well so I'm
not really sure why mine got taken down and others are still up.

~~~
grabeh
Sometimes takedowns can be as simple as your app coming across the radar of
the company whilst others aren't noticed.

The concept of fair use covers various set grounds like education, comment and
reporting. I don't think your usage would fall under any of the prescribed
grounds on a first glance.

However, I would argue that the tags are just not capable of attracting
copyright protection (there needs to be a certain level of skill and labour
expended to attract protection) and as such Instagram have no ability to
prevent your usage.

~~~
Zaheer
I just reached out to Google to clarify what the issue actually is. Really
hoping that this isn't the reason. I suppose if I rebranded it just as
hashtags and remove all references of Instagram it should be ok, right?

~~~
grabeh
It looks like there may be two separate grounds, impersonation and
infringement. Removing instagram references may help with the impersonation
claim but not necessarily with the infringement claim...

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Zaheer
Another item to note that I edited out for brevity from the letter: "If your
developer account is still in good standing, you may revise and upload a
policy compliant version of your application as a new package name."

This means I lose all the ratings I have (300 with an average of 4.8/5
stars)?!

