Themer doesn’t know when its app will return to Google Play, says removal due to Apple copyright complaint

Popular Android homescreen app Themer was suspended from Google Play on the night of February 2 due to its “Seven” theme, several icons of which Apple claimed infringed on its copyrights. A week later, and there is still nothing from Google to indicate if and when the app will be reinstated.

The company explains:

So when will Themer be back on the Play store? It’s frustratingly impossible to predict. Someone at Google must first confirm that the content in question has been removed and follow their own internal procedures before they flip the “on” switch. It’s likely that we are in a queue, waiting with other apps that require evaluation.

Themer notes that “Seven” is just one of over 200 themes available in its app, and was immediately removed after the problem was brought to its attention. The startup thought that Themer would be back in Google Play “in a few days.” Unfortunately, while legal representatives from Apple say they have no remaining concerns, Google has yet to respond to Themer’s communication attempts.

The team of 12 behind Themer isn’t interested in releasing the APK because it does not want to circumvent Google Play for one simple reason: existing users would not get any updates. A new version that offers memory and battery optimizations, new customization options for the app drawer, and tons of bug fixes is almost ready to go, but naturally getting back on Google Play comes first.

The full email Themer received from Google, sent on February 3, is below:

This is a notification that your application, Themer Beta, with package ID com.mycolorscreen.themer, has been removed from the Google Play Store.

REASON FOR REMOVAL: Alleged copyright infringement (according to the terms of the Digital Millenium Copyright Act).

All violations are tracked. Serious or repeated violations of any nature will result in the termination of your developer account, and investigation and possible termination of related Google accounts. If your account is terminated, payments will cease and Google may recover the proceeds of any past sales and the cost of any associated fees (such as chargebacks and payment transaction fees) from you.

Please review the Developer Distribution Agreement and Content Policy to ensure that your applications are compliant with our policies.

The DMCA is a United States copyright law that provides guidelines for online service provider liability in case of copyright infringement. Click here for more information about the DMCA, and see http://ift.tt/VIaDmH for the process that Google requires in order to make a DMCA complaint.

Google may reinstate your application into the Google Play Store upon receipt of a counter notification pursuant to sections 512(g)(2) and (3) of the DMCA. Click here for more information about the requirements of a counter notification and a link to a sample counter notification. If you have legal questions about this notification, you should retain your own legal counsel.

Please note that we have included a text copy of the Infringement Notice we received for your reference.

The Google Play Team

Text copy of DMCA complaint:

subject_lr_dmca: Your Request to Google

full_name: xxxx

companyname: xxxx

represented_copyright_holder: Apple Inc.

contact_email_noprefill: xxxx

country_residence: US

location_of_copyrighted_work: The original artwork for the following

infringed iOS7 app designs may be viewed on any iDevice running the iOS7

operating system:

Notes (Copyright Reg. No. VA1871602)

Stocks (Copyright Reg. No. VA1871786)

Newsstand (Copyright Reg. No. VA1871650)

Maps (Copyright Reg. No. VA1871438)

Camera (Copyright Reg. No. VA1871668)

Photos (Copyright Reg. No. VA1871779)

Settings (Copyright Reg. No. VA1871669)

description_of_copyrighted_work: Apple Inc. is the sole and exclusive owner of the copyright in the original artwork for the app designs in its iOS 7 operating system. The foregoing application being distributed on Google Play intentionally includes unauthorized reproductions of Apple’s copyrighted apps, including its icon designs for Notes (Copyright Reg. No. VA1871602), Stocks (Copyright Reg. No. VA1871786), Newsstand (Copyright Reg. No. VA1871650), Maps (Copyright Reg. No. VA1871438), Camera (Copyright Reg. No. VA1871668), Photos (Copyright Reg. No. VA1871779), Settings (Copyright Reg. No. VA1871669) and other features. This application violates Apple’s copyrights, in addition to other Apple IP rights. (This app developer’s unauthorized reproduction of Apple’s multiple copyrights may be viewed in-app by first downloading and installing the app, allowing Themer to create widgets on one’s device, and loading the “Seven” theme from the list of the “Most Popular” category under the Browse Themes.)

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