
Android Tricorder Killed By CBS - bane
http://code.google.com/p/moonblink/wiki/Tricorder
======
troymc
Historically, the Star Trek copyrights haven't been enforced very strongly.
It's why they allowed so many fan projects to go ahead (and Star Trek has a
great fan base). Maybe CBS got new lawyers who aren't familiar with 40 years
of de facto policies?

(This isn't a trademark issue where CBS has to defend the trademark or risk
losing it. It's a copyright issue; the reason the Tricorder app vanished is
that CBS sent a DMCA takedown notice to its creator [Moonblink]).

~~~
metachris
> _It's a copyright issue; the reason the Tricorder app vanished is that CBS
> sent a DMCA takedown notice to its creator [Moonblink]_

That's incorrect -- CBS sent a DMCA takedown notice to Google, which took down
the app and notified the author afterwards.

~~~
troymc
Ah, thanks for the correction.

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mikecane
Under this recent HN post <http://news.ycombinator.com/item?id=2917761> is a
discussion about how CBS is not supposed to be able to do that. Comments begin
here: <http://news.ycombinator.com/item?id=2918834>

~~~
nkassis
doesn't really explain much. One of the comment claims it's not copyrighted
but why?

~~~
jarin
From what I understand, you can't copyright the name of a fictional device.
You can trademark the name, but according to Trademarkia there are no active
trademarks on it right now.

~~~
starwed
From TFA:

> _It's apparently the graphical design that's at issue, not the name._

~~~
jrockway
Graphical design is not copyrightable, although the images used in making it
might be.

~~~
stretchwithme
Even if there were design patents, the originals would likely have expired by
now.

~~~
nkassis
but copyright last a long time, Apple couldn't copyright their UI design so I
guess this shouldn't be able to be copyrighted either but you never know.

------
eapen
For anyone who wants to check out the app, it is available for download at:
[http://download.cnet.com/Tricorder-for-
Android/3000-20432_4-...](http://download.cnet.com/Tricorder-for-
Android/3000-20432_4-75025147.html)

~~~
e40
Given the recent controversy with cnet wrapping downloads with their own
content, do you have another link?

~~~
eapen
I suspect the Cnet download wraps are only for Windows executables. This is
the direct link to the Android APK file.

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tomlin
Either CBS is trying to attract Anonymous, or looking to increase pirated
downloads of Star Trek-related works. Either way, I think they'll get positive
outcomes from this action.

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jedc
This might be an over-reaching DMCA request by CBS. I don't understand why he
doesn't fill in the online form that's in the e-mail to say they're over-
reaching. Just because there's a bunch of legalese involved doesn't mean it's
not straightforward.

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AgentConundrum
I can't remember where I saw it, but I distinctly remember reading recently
that the LCARS interface isn't actually owned by CBS/Paramount/Whomever. It
was a comment - on HN, IIRC - by the developer of a LCARS iPad app. I'll see
if I can find it.

Edit: Found it. Relevant discussion here:
<https://news.ycombinator.com/item?id=2918834>

------
driverdan
Original link: <http://code.google.com/p/moonblink/wiki/Tricorder>

~~~
jpendry
"Since I don't have legal weasels of my own, or the time to deal with this,
that's it for Tricorder."

Why doesn't a fleet of open source lawyers exist? I mean, I know why it
doesn't exist, but it seems like there could be a community of lawyers willing
to help him out, or, at least, that one could be grown over the next few
years.

~~~
cookiecaper
There is a "fleet of open-source lawyers", but their time is limited. Like the
ACLU and other pro-bono legal organizations, the FSF, EFF, and Software
Freedom Law Center vet cases for potential impact in order to maximize
available resources. Such organizations can't take every case that comes in
the door, or they'd spend all their time on the legal minutiae of persons able
but too cheap to hire a private lawyer. There has to be significant relevance
attached to a case in order for the EFF, SFLC, or FSF to assist.

~~~
sjs
Would it be significantly relevant to set a precedent early on?

~~~
dasil003
Possibly. Precedent for what?

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Anilm3
Mr. Roddenberry must be turning in his grave...

~~~
sausagefeet
I'm sure the particles of his ash have some kind of rotation in their space
journey.

~~~
dmoney
They burned up in the atmosphere.
[http://en.wikipedia.org/wiki/Gene_Roddenberry#Death_and_lega...](http://en.wikipedia.org/wiki/Gene_Roddenberry#Death_and_legacy)

------
tsotha
They issued the takedown based on the graphical design? Seriously? I could see
doing it based on the word "tricorder", or based on audio files, but did the
Star Trek tricorder really have an interface like this one?

~~~
sp332
Nope, actually it looks more like a PADD than any tricorder I remember seeing.
But if the images were copied from a CBS property without permission I guess
they might have a case anyway.

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andrewljohnson
Maybe CBS is building a Tricorder app?

~~~
Bud
Yeah, right. And maybe CBS is developing a new TV series that doesn't feature
50-year-old white people.

~~~
stretchwithme
Washed up actors are cheaper and come already pre-washed. :-)

------
stretchwithme
So what do use to find tribbles now?

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RobIsIT
This is the biggest issue with App Stores, Marketplaces, etc.

This practice is extremely short sighted of Apple, Google and RIM.

This type of thing will only push more developers out of the boxes they are
placed in so that they can have full control over the hardware consumers use.

It's funny how we fight this fight over-and-over again even when companies
like Google have an air of openness.

~~~
bermanoid
_This practice is extremely short sighted of Apple, Google and RIM._

What practice? Responding to a properly filed DMCA complaint by taking down
the content?

You do realize that doing anything other than what they've done would be
against the law, right? The law might suck, but it's not up to Google to
decide not to abide by it just because they don't like it, they've got far too
much on the line to mess around like that...

~~~
RobIsIT
"The practice" I'm referring to could have stated with a bit more clarity.
Thanks for pointing this out.

I'm talking about the practice of creating a centralized app store.

Providing developers with a way to monetize and market their apps is
important. However, creating an environment where one company has complete
control over the hardware, operating system and development ecosystem results
in issues like these.

The developer in the OP hasn't done anything other than pay homage to the
style of Star Trek. However, when issued a DMCA takedown request, the app is
blindly removed from circulation with no notice, no appeal process and no
options. It's easier for one company with complete control to enforce
arbitrary standards that result in the least amount of friction for them.

------
terinjokes
He quotes the Wikipedia article on Tricorder: "The company was permitted to
call this device a 'tricorder' because Gene Roddenberry's contract included a
clause allowing any company able to create functioning technology to use the
name."

First and formost, this is probably a case for "[citation needed]".

Secondly, my understanding is that this would apply to a physical device that
actually did scan for medical, landscapes and engineering. Probably the reason
behind the Tricorder X Prize. I don't really see this applying to a software
application to show you your WiFi strength.

He wasn't sued for the name, he was sued for the LCARs interface. So it's a
moot point anyways…

~~~
jonknee
He also wasn't sued. He had a DMCA takedown request over his app sent to
Google and has not the money or motivation to fight it.

~~~
kennywinker
Nor the path. Even if he lawyered up and fought back, Google would probably
keep the app pulled until some kind of judgement, far in the future. As an iOS
app developer, I'm currently facing something like this. Apple has clearly
stated that if I cannot resolve the issue with the company that sent the DCMA
takedown, they will pull the app. I have no obvious recourse short of a
lengthy and costly legal battle.

