Google un-bans Downloader app, however developer nonetheless mad about “damaged” DMCA
Google has reversed the suspension of an Android TV app that was hit with a copyright grievance just because it is ready to load a pirate web site that can be loaded in any normal net browser. The Downloader app, which mixes an internet browser with a file supervisor, is back in the Google Play Store after almost a three-week absence.
As we previously reported, Google suspended the app based mostly on a Digital Millennium Copyright Act (DMCA) grievance from a number of Israeli TV firms that stated the app “permits customers to view the notorious copyright infringing web site often known as SDAROT.” However that very same web site could possibly be seen on any normal browser, together with Google’s personal Chrome app.
“The app was eliminated on Might nineteenth as a result of DMCA takedown request,” developer Elias Saba wrote in a blog post today. “As an alternative of recognizing the absurdity of the declare that an online browser is in some way answerable for all of the unauthorized use of copyrighted content material on the Web, Google took a backseat and denied my enchantment to have the app reinstated.”
The free app has been downloaded over 5 million instances on Google Play and is obtainable on the Amazon app store for gadgets resembling Hearth TVs.
Along with the rejected enchantment, Saba filed a DMCA counter-notification with Google. That “began a 10-business-day countdown for the [TV companies’] regulation agency to file authorized actions in opposition to me,” Saba wrote at this time. “As a result of app being eliminated on a Friday and the Memorial Day vacation, 10 enterprise days had elapsed with no phrase from the regulation agency on June sixth and I contacted Google to have the app reinstated.”
Google made yet one more mistake, developer says
Saba stated he was knowledgeable by Google yesterday that “the app was not suspended however that now it was rejected by Google attributable to an invalid knowledge security kind.” This was one other mistake, in line with Saba’s weblog submit:
In yet one more instance of the Google Play Retailer’s absurdity, Google had decided that my app collected e mail addresses with out declaring so. Since there is no such thing as a means for my app itself to gather e mail addresses, and with none further data or assist from Google, I can solely assume that Google is referring to the e-mail mailing listing signup kind on this website, which hundreds by default within the net browser of the Downloader app.
Fearing that one other enchantment could be like “argu[ing] with a brick wall,” Saba stated he “accepted defeat and up to date the Play Retailer knowledge security kind for my app and declared that the app collects e mail addresses.” Which means Downloader is now flagged by the Google Play Retailer as gathering and sharing private data.
“I guarantee you, the Downloader app itself doesn’t gather or share any of your private data,” Saba wrote. “Effectively, except you propose to file your taxes utilizing the built-in net browser in Downloader as a result of, apparently, as soon as once more, what is completed within the net browser on the Web is in some way the fault of my app.”
Saba stated he up to date the information security kind yesterday and that the app was restored at this time.
“The DMCA is damaged”
Saba suggested customers who sideloaded Downloader whereas it was unavailable to uninstall the sideloaded model and reinstall the Google Play model.
“The app was offline for 20 days, all as a result of the DMCA is damaged with no penalties for individuals, or TV firms half a world away, that select to abuse it for their very own profit,” he complained. “Whereas it was solely unavailable for about 3 weeks, the app has now misplaced 47 % of its energetic customers in comparison with the day earlier than it was eliminated.”
Google appears to have adopted its normal course of for complying with legitimate DMCA requests although the grievance on this case primarily blamed an internet browser for with the ability to browse the online. As Saba instructed us for our earlier article, “There isn’t a option to view content material within the app apart from to make use of the online browser to navigate to a web site. The app additionally would not current or direct customers to any web site, apart from my weblog at www.aftvnews.com, which hundreds because the default homepage within the net browser.”
In an e mail response to Ars at this time, Google stated it adopted the method set out by the DMCA and “allowed each events to train their choices underneath that regulation.” Google famous that its normal method is to ahead any counter-notification just like the one Saba filed to the complainant and wait 10 enterprise days for the complainant to hunt a courtroom order or file a declare of infringement with the US Copyright Workplace Copyright Claims Board.