tain.totalcodex.net

I just made and submitted a Myth iOS app for noobs to try to get new players interested in the game, which just got rejected as follows:

"We found your app includes features or content, in the title, keywords, and imagery, that bear a resemblance to the well-known, third-party mark, Bungie Software Products Corporation. In order to proceed with the review of your app, we require documentation evidencing you are authorized by Bungie Software Products Corporation to use features from Myth.

Additionally, it would be appropriate to adjust the title of your application so that the trademarked title is used as a descriptor, but not as part of the product name. For example, the following styles are acceptable formats for names:

GreatApp - "for Myth"
GreatApp - "Myth edition"
GreatApp - "Myth version"

Please remember that pursuant to your agreement with Apple, you represent and warrant that your application does not infringe the rights of another party, and that you are responsible for any liability to Apple because of a claim that your application infringes another party's rights. Moreover, we may reject or remove your application for any reason, in our sole discretion.

Accordingly, please provide documentary evidence that you have the rights to use this content to ensure compliance with the iOS Developer Program License Agreement. Once Legal has reviewed your documentation and confirms its validity, we will proceed with your app review.

While your iTunes Connect Application State is displayed as Rejected, it is not necessary to upload a new binary if you only need to address issues in your metadata. However, if you need to address compliance issues in your app - and not just its metadata - and you are able to make the necessary changes, we encourage you to do so and resubmit your binary for review. "

I'm going to A: change the name
B: change the icon

After that, I'm going to have to explain my rights to use the maps, the game icons (from here) and the rank icons. I can't think of what else might be an issue.

I would appreciate it if you could point me to helpful explanations/files regarding my rights to use these, or tell me if I've stepped out of line, and with what in particular:

Newer games view screenshot:

Maybe its also the icons being used like the SB icon. This is just a guess though. I don't suppose you have the option to ask them to be more specific?

They're used here, of course, which made me think they were fair game, so to speak. I may be wrong.

If you switch to the MagmaRed theme it uses better looking ones for TFL and SB. Not that those would stand a better chance since they are still derived or inspired from the originals and might still be seen in the same light by Apple as the originals.

Would adding a copyright message at the bottom make a difference to Apple?

Copyright notice isn't enough, I have to send them documents related to the rights to the content.

Worst case scenario, I have to redraw these icons by hand. Worst worst case, I have to remove the map thumbnails. That would really suck. But those should be fair game via the Fear and Loathing EULA?

Also, I need to figure out what I can use as an icon that won't freak them out. If it's a crappy icon, no one will download it.

Anyone know a particular person at Bungie I could contact? Have emailed webmaster@bungie.net, but I'm afraid this may get stuck in underling limbo.

Technically Bungie doesn't own Myth anymore - so Apple's complaints don't make sense. I'd argue that your use should be valid under fair use law.

Eventhough Take2 has the rights, it might be harder to get permission (or the illusion of permission in Bungie's case) from Take2 then from Bungie.

Then again the reply was generic, for all you know they just wanted the title changed and you assumed they might have meant more.

I've resubmitted it now with a new icon and the Fear and Loathing copyright text. We'll see. In case anyone's curious, I've quickly made a Mythlike logo so it would still relate to what the app is actually about (as opposed to some totally random generic icon):

Myrd wrote:Technically Bungie doesn't own Myth anymore - so Apple's complaints don't make sense. I'd argue that your use should be valid under fair use law.

while i agree completelyi don't think the issue of 'fair use' is relevant. what IS relevant is "What rules is apple using?" i've heard the approval process is kind of black-boxy. you toss your app in the top and it comes out one of two chutes on the bottom. one leads to the apple store, the other leads to a lot of head-scratching and WTH? moments trying to second guess Apple's 'logic'. as sponge has described this app's rejection it sounds like a good case in point. apple is objecting to POTENTIAL copyright infringement and demanding permission from a 3rd party who doesn't even own the copyright to the material in question. WTH?

i agree with pyro though, if Apple wants approval from Bungie it's going to be easier to come by that then it would be even getting TakeTwo to respond.

One thing that's still fuzzy for me is whether the Tain got some written (or other) permission for those game icons above? I assumed they had--considering Bungie's been totally aware of ProjectMagma and Mariusnet for years and actively encouraged them (this gleaned from looking at Bungie.net posts by Bungie), HAD there been an issue with copyright, you'd think it would have come up ages ago.

bungie liked their games being promoted/publicized, heck they sent out gifs/jpegs of their game logos with their media-press-kits back when the games were released so obviously they wanted the game logos to be used to publicize the games.

i'd guess there's some legal issue/concern over your use of an icon used to represent a game application in another seperate application. no one is going to confuse a website with a PC game - but in theory someone could see a screenshot of the soulblighter icon in your game and think that your app IS the Myth 2:Soulblighter gane ported to the iPhone, maybe? maybe not. just a thought.

It's out! In the App Store! Yess!

You can download it for free here: http://itunes.apple.com/us/app/mariusne ... 28364?mt=8

Not available in the US :-/