Comments on: 'Tetris'-like iPhone app to be pulled

Developer of Tris, a free game for the iPhone platform that looks a whole lot like the arcade classic, says Apple forwarded him a legal complaint.

[The_Decider]

What a bunch of crap. Just because it plays like Tetris doesn't mean it violates copyright. That is like saying a fantasy book violates the copyright to Lord of the Rings. Tris is not a trademark violation of Tetris.

et more evidence that IP laws need to be revamped and brought in line with its original intent.

[Mystigo]

There are definitely issues with copyright law that I don't agree with -in particular the duration of copyrights. But you make some factually incorrect assertions in your statement:

> Just because it plays like Tetris doesn't mean it violates copyright.
If it plays like Tetris (and I have the game -it basically is Tetris), then it most certainly does violate the Tetris copyright.

> That is like saying a fantasy book violates the copyright to Lord of the Rings.
If it uses the same characters and/or settings, it does in fact violate copyright. This is long established law.

> Tris is not a trademark violation of Tetris.
Yes it is. Sound-alikes with the intention of forming a connection to the original mark, are absolutely a violation of a trademark.

The only case the developer can try to make, and he might in fact have a good case, is that neither the copyright nor the trademark actually belong to the Tetris Company cited in this article. But to argue that, he would definitely need deep pockets.

[budfred]

I'm sure it also had nothing to do with the app's "about" page that mentioned an IRC channel that probably violates the Apple SDK or his thanks to "zibri for his jailbreak" or his thanks to all the "clever hackers who made it possible."

(end sarcasm)

While the cited reason was a questionable infringement trademark, I'm sure that there were other factors weighing on the request to take down the application.

[usarioclave]

Budfred: actually, the reason it's being removed is the author doesn't want to challenge the infringement notice.

There are no other factors involved.

[jkbond646]

So what happens if we've had this downloaded for a while? Will it disappear from itunes?

[budfred]

usarioclave: All I can say is that if I ran the App Store, I think I'd rather the number one piece of software didn't seem like a piece of pirated warez. To prevent all the free speech yahoos from speaking up, I would actively hunt for a "legal" reason to get it removed. But you can believe what you like.

[Lerianis]

Hasn't Tetris sorta fallen out of copyright law by now, in all honesty? It's been around for nearly 20-30 YEARS now.... it should have completely fallen out of copyright and into the public domain by now. If it hasn't, something is seriously wrong with our copyright laws.

[BLipman72]

I also I downloaded this as well. Does that mean that the next time i connect my device to itunes it will remove it? I can see removing it from the store while the legal issue gets sorted out but let those who downloaded it keep the app. Honestly I have a bigger issue with the fact that Frogger is a paid application and this is FREE. Why is Tetris making such a big deal over a FREE application. Its not like he's profitting on it.

[iBuzz]

I bet if the name of the app, "Tris," did not include part of the name Tetris, it would be ok. Come on... if you name your app using an abbreviation of a trademarked name, you're going to get sued. By naming your derived app with a name that is similar looking/sounding to the successful product that you are deriving from, the holders of the trademark can claim that you are benefiting from their trademark. And, I'd have to agree. If I marketed a soft drink with the name of O'Ca Cola (think: cola of California), you can be certain that I'd get sued by Coca-Cola regardless of how different the taste was to Coke. Does this really surprise anyone?

[mikeburek]

@BLipman72 - Just because it is free is not exactly a great reason. If the owners of Tetris wanted to charge for a version for the iPhone, then having a free version competing would not be good.

[Lerianis]

They should be required to make that application before they send a notice that they want the 'free' version taken down. This is a period and done with thing: they should be REQUIRED to make the application that they are going to market on iTunes BEFORE they send any copyright infringement notices.

[mikeburek]

A good reason to be a patent lawyer... Did discussion of the Wordscrapper reveal that the trademarks are just for the look of the game, not the play of it? So if enough visual elements were changed, then his Tris would be allowed? There are many clones of Tetris out there now.

[Daniel_O]

Poor Poor College Student. Boo Hoo! I guess business (and personal) ethics are not a part of his degree plan. Plagurism is plagursim.

[DarkHawke]

So the vaunted vetting of the iPhone/iTouch app store ain't all that it's cracked up to be, eh? Why am I not surprised? Not so much this Tetris clone, but this $1000 do-nothing app also mentioned in the post. So it worked on a technical level, but no one thought to look at the content? Therein lies the problem with this app store conceit. Sure, you can keep a tight grip on what goes on with the device (I'm somehow reminded of Princess Leia's comment to Moff Tarkin), but with that much scrutiny comes the responsibility for content. Apple should expect some app store lawsuits in the future.

[sanenazok]

This student should have made something more creative than a port of a game that someone else came up with. C'mon is copying the best college students do now-a-days?