Legal Question in Intellectual Property in Washington

Is Google responsible for not acting on DCMA request for copyright violation of our original Android app in Google Play Store?

Our original Android app has seen some success in Google Play Store. Recently there is a copycat app that exactly duplicates the functionality of our original app. Even the words from our app is copied verbatim. I filed a DCMA request to Google. Google did not follow up for 3 weeks and when I followed up on my email, I got a response saying that they decided to take no action. They also said that they will also not provide information about the developers of the infringing app without a subpoena.

I have snapshots and videos of the infringing app that clearly demonstrate the infringement. Is Google liable for failure to take appropriate action on our valid DCMA request? Can we sue Google for damages from lost sales of our original app?

Thanks.


Asked on 6/02/13, 2:27 am

1 Answer from Attorneys
John Whitaker Whitaker Law Group

I already answered this question on another forum, but again, Google's failure to take down the app would mean Google no longer enjoys immunity from copyright infringement itself should you file against them. But the failure to take down an app based on a DMCA takedown notice alone does not create any liability.

If you would like someone to take a look at your case, I would be interested in at least looking at your materials, although I cannot promise I would take the case.

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Answered on 6/04/13, 12:00 pm


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