OpenTTD has been removed from Google Play Store!!!

[ahlis]

Hello All,

lately I have had a lot of contact with the developer who successfully ported the OpenTTD source to work on Andoid phones.
yesterday he recieved an email from google legag stating the following:
"This is a notification that your application, OpenTTD, with package ID org.openttd.sdl, has been removed from the Google Play Store.

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

I have briefly rushed thru the GNU license of which I would say clearly allows the developer to do this kind of port based on the source code found here.

What options exists to push Google against the wall to get the Android port back on Google Play?


//a VERY upset openTTD player

[planetmaker]

I don't know anything about this particular incident.

There never has been an official android port. And it has happened more than one time that other people uploaded a "complete bundle" of OpenTTD to that or similar services and ignored copyright, for instance by stripping required license information, ignoring the GPL and not supplying any source, supplying OpenSFX along with that wich disallows commercial distribution, adding NewGRFs in violation of their license or shipping even the TTD base set files. But no idea what happened here.

So in essence: it's not our upload but as far as I know non of us here asked for removal (in this case) either.

In any case: if you want an official android port, and you have "lots of contact", then maybe try to push these people to contribute back to the OpenTTD project, so that an official port can be made. This kind of crap happens a lot with unofficial "ports". And yes, we reserve the right to request take-downs, if the license requirements are not followed to the letter, which also includes faking a revision which it isn't in order to achieve network compatibility; maintaining our integrity requires that.

[peter1138]

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

So does this notice not state whose copyright is allegedly infringed?

[ahlis]

correct me if Im wrong here but the GNU license of which OpenTTD refers to allows the open source to be altered/copied/shared

Maybe I don´t understand the information here http://vcs.openttd.org/svn/browser/trunk/COPYING correctly
The only missing at the Gplay site that I can think of ( apart from the link to the OpenTTD site itself is a link to the actual GNU used

would this be enough for google to remove something that is considered free in the "normal" world ?

brg
ERik

[Yexo]

correct me if Im wrong here but the GNU license of which OpenTTD refers to allows the open source to be altered/copied/shared

But only under certain conditions, among others:
- If you publish a binary, you should also publish the source code (or written offer for the source code).
- You must make it clear the binary/code fall under the GPL license.

I don't know more about this specific case, so I can't tell why it was removed by google nor who requested the take-down.

would this be enough for google to remove something that is considered free in the "normal" world ?

OpenTTD is not free as in "do whatever you want". There are still a few conditions in the GPL (see above). If someone distributes a binary with modifications without providing the source I wouldn't hesitate at all to request a take-down. OpenTTD can only stay free if everyone adheres to the license.

[Michi_cc]

What options exists to push Google against the wall to get the Android port back on Google Play?

The "nice" thing about a DMCA takedown is that basically everybody can write one without much verification of facts or purported rights. If you are sure the port didn't in fact violate any GPL license terms (like missing sources), read up on counter claims.

[ahlis]

correct me if Im wrong here but the GNU license of which OpenTTD refers to allows the open source to be altered/copied/shared

But only under certain conditions, among others:
- If you publish a binary, you should also publish the source code (or written offer for the source code).
- You must make it clear the binary/code fall under the GPL license.

I don't know more about this specific case, so I can't tell why it was removed by google nor who requested the take-down.

would this be enough for google to remove something that is considered free in the "normal" world ?

OpenTTD is not free as in "do whatever you want". There are still a few conditions in the GPL (see above). If someone distributes a binary with modifications without providing the source I wouldn't hesitate at all to request a take-down. OpenTTD can only stay free if everyone adheres to the license.

Hello Again Yexo.
Im trying to assist the developer in this case for two reasons, I like the game (obvious) and I think that this is something that google did wrong.
the site contained links to source code location in "developer" section of the application.
it is not clear yet if this site had a direct link to the actual GNU/GPL license.

if the case is about confirming that the link to the license site is valid then I recon that Google should allow this application when this information is confirmed ?

[peter1138]

The port developer really needs find out why this happened, from Google. We are outsiders here, we can only speculate.

[pelya]

Here's the takedown email I've received, and it's not about GPL, it's some legal person thinks I'm distributing the original Transport Tycoon Deluxe without their permission:

This is a notification that your application, OpenTTD, with package ID org.openttd.sdl, 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. 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://www.google.com/dmca.html 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:

charne@sprintmail.com to support-portal@google.com
Reply - More info Oct 1
Options ▾


AutoDetectedBrowser: Internet Explorer 8
AutoDetectedOS: Windows XP
IIILanguage: en
IssueType: lr_dmca
Language: en
companyname: Law Offices James I Charne
country_residence: US
description_of_copyrighted_work: The videogame "Transport Tycoon Deluxe"
full_name: Jim Charne
geolocation: US
hidden_category:
hidden_product: androidmarket
location_of_copyrighted_work: No current authorized distribution by the
copyright owner.
represented_copyright_holder: 31X Ltd
signature: /jic/
signature_date_day: 1
signature_date_month: 10
signature_date_year: 2012
url_box_1:
https://play.google.com/store/apps/deta ... .sdl&hl=en

And I've already replied:

Hi,

Thanks for reaching out to us!

We have received your legal request. We receive many such complaints each
day; your message is in our queue, and we'll get to it as quickly as our
workload permits.

Due to the large volume of requests that we experience, please note that
we will only be able to provide you with a response if we determine your
request may be a valid and actionable legal complaint, and we may respond
with questions or requests for clarification. For more information on
Google's Terms of Service, please visit http://www.google.com/accounts/TOS

We appreciate your patience as we investigate your request.

Regards,
The Google Team



Original Message Follows:
------------------------
From: x.pelya.x@gmail.com
Subject: Your Request to Google
Date: Wed, 03 Oct 2012 11:51:10 +0000



AdSenseLocale:
AutoDetectedBrowser: Firefox 1
AutoDetectedOS: Linux
IIILanguage: en
IssueType: lr_counternotice
Language: en
address: Kyiv, Tyraspolska 43-B
companyname: pelya
country_residence: UA
dmca_clarifications: OpenTTD, the subject of the copyright infringement
claim, is an open-source remake of the game Transport Tycoon Deluxe:
http://www.openttd.org/
However, OpenTTD does not contain any content from the Transport Tycoon
Deluxe - the game engine, and all the game content, including graphics,
sounds, and music, were created from scratch as part of the open-source
project: http://www.openttd.org/en/download-stable
The claimant, 31X Ltd, does not hold any rights on the OpenTTD game (as
distributed on Google Play), or any part of it.
dmca_consent_statement: checked
dmca_consent_statementtwo: checked
form: dmca_counter
full_name: Sergii Pylypenko
geolocation: UA
hidden_product: androidmarket
material_location_1:
https://play.google.com/store/apps/deta ... .sdl&hl=en
origin: helpcenter
phone: +380 63 836 7968
signature: Sergii Pylypenko
signature_date_day: 3
signature_date_month: 10
signature_date_year: 2012
your_title: Developer

BTW is it really that hard to find sources of OpenTTD for Android? (actually, there is only a small diff in the SDL repo). Maybe I should update description on Google Play, or on my site http://libsdl-android.sourceforge.net/ ?
The counterclaim form is here: http://support.google.com/bin/request.p ... nternotice and as far as I've understood, anyone may fill it and send a counter-claim.

[Yexo]

BTW is it really that hard to find sources of OpenTTD for Android? (actually, there is only a small diff in the SDL repo).

I don't know how it was mentioned in the description of the google play store, and I can no longer check since it's now taken down. However on http://sourceforge.net/projects/libsdl- ... files/apk/ I can find the OpenTTD .apk file but not the source. This is a clear violation of the GPL license.

I've even looked up one folder, but the only source code I can find is for the libSDL port. If you publish binaries of OpenTTD you are always required to also publish the source code used to generate that binary (at the same location).

Please don't think I'm hostile towards a port for android, I'd love to see a properly working version of OpenTTD on android.

[ahlis]

I don´t think anyone is hostile here towards the OpenTTD


for my own interest Im just curious of how to do this correctly, it is easy to press a button stating that "I understand" but when the text is several pages it is not uncommon that we are human and miss a bit here and there..

Fyi this is the link to the closed OpenTTD
https://play.google.com/store/apps/deta ... penttd.sdl

(and it has been mentioned in this forum several times that an android port would be nice, why not this one ? )

[pelya]

BTW is it really that hard to find sources of OpenTTD for Android? (actually, there is only a small diff in the SDL repo).

I don't know how it was mentioned in the description of the google play store, and I can no longer check since it's now taken down. However on http://sourceforge.net/projects/libsdl- ... files/apk/ I can find the OpenTTD .apk file but not the source. This is a clear violation of the GPL license.

I've even looked up one folder, but the only source code I can find is for the libSDL port. If you publish binaries of OpenTTD you are always required to also publish the source code used to generate that binary (at the same location).

Please don't think I'm hostile towards a port for android, I'd love to see a properly working version of OpenTTD on android.

Well, okay, it seems like I do need to make a link to the Github repo big, red and blinking. The changes I've made to OpenTTD are in a patch inside the SDL repo, I'll update the description on SF.net to reflect this.
The GPL does not specify that you need to have sources in the same directory with the binary release, it's allowed for the developer to email the source code on request, and only to those people who got the binaries (if they are not distributed freely). You however cannot restrict other people from giving away your sources.

[cachila]

for me the screen turn black and then return to android after the sdl screen

[pelya]

for me the screen turn black and then return to android after the sdl screen

Please install aLogcat app, and collect me some logs, when the application closes. Also, this thread is not about crashes.
If OpenTTD worked before for you, and you have Xperia Play, you may try this:

The only major change I did is enabling 32bpp renderer, you may try to disable it by going to the SDL config menu -> Data installation location -> Custom directory, then it will ask you for both installation path and command line parameters. Don't change installation path, and remove parameter "-b 32bpp-anim", this should switch to the old 8-bit renderer.

[ahlis]

please remove this post

[ahlis]

BTW is it really that hard to find sources of OpenTTD for Android? (actually, there is only a small diff in the SDL repo).

I don't know how it was mentioned in the description of the google play store, and I can no longer check since it's now taken down. However on http://sourceforge.net/projects/libsdl- ... files/apk/ I can find the OpenTTD .apk file but not the source. This is a clear violation of the GPL license.

I've even looked up one folder, but the only source code I can find is for the libSDL port. If you publish binaries of OpenTTD you are always required to also publish the source code used to generate that binary (at the same location).

Please don't think I'm hostile towards a port for android, I'd love to see a properly working version of OpenTTD on android.

Well, okay, it seems like I do need to make a link to the Github repo big, red and blinking. The changes I've made to OpenTTD are in a patch inside the SDL repo, I'll update the description on SF.net to reflect this.
The GPL does not specify that you need to have sources in the same directory with the binary release, it's allowed for the developer to email the source code on request, and only to those people who got the binaries (if they are not distributed freely). You however cannot restrict other people from giving away your sources.

I think that if you are to use the GPL license you will need to provide source upon request, you are not allowed to deny the source code if it is requested from you.

also you need to have a link or something to the GPL license itself and clearly state that this is the license used

brg
ahlis

[Yexo]

The GPL does not specify that you need to have sources in the same directory with the binary release, it's allowed for the developer to email the source code on request, and only to those people who got the binaries (if they are not distributed freely). You however cannot restrict other people from giving away your sources.

3. You may copy and distribute the Program (or a work based on it, under Section 2) in object code or executable form under the terms of Sections 1 and 2 above provided that you also do one of the following:

a) Accompany it with the complete corresponding machine-readable source code, which must be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange; or,
b) Accompany it with a written offer, valid for at least three years, to give any third party, for a charge no more than your cost of physically performing source distribution, a complete machine-readable copy of the corresponding source code, to be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange; or,
c) Accompany it with the information you received as to the offer to distribute corresponding source code. (This alternative is allowed only for noncommercial distribution and only if you received the program in object code or executable form with such an offer, in accord with Subsection b above.)

So you can either adhere to a) and distribute the complete source code. If that's too much hassle, you can indeed opt instead to provide a written offer. However contrary to what you write that offer is valid for anyone who receives the offer (even indirectly), not only to those who have received the binary. If you do pick that option, you have to provide the written offer. Just giving the source upon request is not enough. I haven't seen any written offer for the source code on your website.

[Eddi]

according to my legalese dictionary, "written" means "on a sheet of paper", so if you distribute the program electronically, you must choose section a)

disclaimer: ianal

[cachila]

i have updated my phone and it works now. thanks for the fast reply

[pelya]

to give any third party

Yes, it seems like you cannot limit the source code distribution only to your customers, you have to give it to everyone.
Anyway, I've updated the description on the sourceforge.net webpage, and make the link bigger on my homesite, now it should be easy enough to find.