Google ignores indie DMCA takedown request for App Store knock off

[Suppafly]

I didn't think it was legal to ignore a DMCA takedown request. Doesn't that put them on the hook of being sued?

[poizan42]

It's up to them to decide whether they will honor the takedown notice or not. But yes, not honoring it means they forego their safe harbor protection and can themselves be held responsible for damages.

[RandomThoughts3]

Not sure I follow, one is a Rampage clone and the other an idle game. They have very different names. The only thing similar seems to be that the PlayStore app has ads mimicking the other game (but different) - sad but not illegal.

There doesn’t seem to be anything here which would actually justify a DMCA takedown. Am I missing something?

[wormius]

Assets are copyrighted, are these not the same assets? Did one not take the assets of another or are these open source graphics and anyone is free to use them? If they can shut down a youtube video because some rando asshole DMCAs it for a few seconds of audio in the background I'm not sure why wholesale art ripping off wouldn't be justifiable?

Especially considering the point of DMCA is "TAKE DOWN ASK QUESTIONS LATER" (I hate DMCA, so I'm not saying I'm in favor of it, but it's odd that big players get to abuse this, and scammers get to abuse this (and maybe this is a scammer?) but people who apparently have their own art assets (assuming this isn't open) isn't allowed to use the same tools the big players use? I'm not talking about "a copy of a game".

Or is this a case where the ad uses graphics of one thing but the actual game doesn't use the same graphics?

[ElCapitanMarkla]

When the other app has even taken this apps trailer and not bothered to replace the name then I side with the original dev - https://x.com/LorenLemcke/status/1829065192296120502

[oniony]

Yeah, I agree. Rampage is the original here. The artwork is very similar, and clearly mimicking the other game, but ultimately original.