osu!stream spinner wtf

wtf.txt

This is nonsense. Brace yourself.

Things to note:
 - Apple always give responses to the other party within 24 hours. It takes them over 1 month to get back to me each time.
 - Some emails are likely missing. It was such a mess of a conversation I had trouble tracking them all down.
 - Although Derek's email does not make it so clear, the spinner graphic was taken from xistyle (property of XaioUnlimited) with full permission and acknowledged in the game credits.
   It was also heavily modified (by myself).
 - Aside from the fact this person is accusing me of "stealing" a graphic he did not even make in the first place, please consider that we are talking about a spiral on a circle.
   The inner section (smaller circle with black/white semi-circles) was made by me and has been in the osu! skin since early days.
   Claiming copyright on a spiral in a circle is enough to get any app taken off the app store.
 - This guy spammed my blog for weeks; a total of easily over 500 comments. He also spammed my email directly and other people I know.
 - He claimed responsibility for at least one DDoS attack on osu! (http://puu.sh/68TIZ/c49e24a95f.png) 
 - I could go on all day, but this is just inane.

If anyone has lawyer contacts please direct me in the right direction. I've never needed to fight against anything like this before so will need to help following the legal process to get things back on track.

Dean Herbert (peppy)

__________________________________________
Date: 12th December, 2012 (10:57)
From: App Store Notices <appstorenotices@apple.com>
To: Dean Herbert <pe@ppy.sh>

Dear Dean,

**Please include APP23992 in the subject line of any future correspondence on this matter.**

On 11/26/2012, we received a notice from Alek Nils that Alek Nils believes the app listed below infringes their intellectual property rights. In particular, Alek Nils believes you are infringing their copyright. Please see their comments below.

Developer: ppy
Provider: Dean Herbert|1357346609
App Title: osu!stream
Apple ID: 436952197

Comments from Complainant: Stolen Graphics, I already sent you guys 3 emails with all the links, so I guess u have those. Read through the email.  My Email add.: Alek112@hotmail.com
-

You can reach Alek Nils through Alek Nils (email: Alek112@hotmail.com), copied on this email.

We look forward to receiving written assurance that your application does not infringe Alek Nils's rights, or that the parties are taking steps to promptly resolve the matter.  Please keep us apprised of your progress.

Should you choose to remove your application, (for example, while you make any necessary changes) use the steps provided below.

__________________________________________
Date: 12th December, 2012 (11:05)
From: Dean Herbert <pe@ppy.sh>
To: App Store Notices <appstorenotices@apple.com>

Hi Victoria,

I can assure you that all content used in my app is either original content or used with explicit written permission from those with intellectual rights.

This particular person mentioned below has been harassing me and my friends for many months now over a circular graphical pattern of which I believe he has no right to. I would appreciate if you can accept in my good faith that I have already tried to resolve this matter with them personally (as have others) to no avail.

If you require more specifics on the history of this dispute I can provide them, along with proof if original creation and written permission where necessary, but I don't want to bore you with unnecessary details otherwise.

Regards,
Dean

__________________________________________
Date: 5th January, 2013 (08:15)
From: App Store Notices <appstorenotices@apple.com>
To: Dean Herbert <pe@ppy.sh>

Hello,

Thank you for your response. Unfortunately, Apple cannot serve as arbiter for disputes among third parties.  Please work directly with each other to resolve any concerns you may have.
According to our records, this matter is unresolved at this time. Please update us on the status of your communications regarding the following app:

Developer: ppy
Provider: Dean Herbert|1357346609
App Title: osu!stream
Apple ID: 436952197
Email Contact(s): osu@ppy.sh, pe@ppy.sh
-

Sincerely,
Lana

__________________________________________
Date: 5th January, 2013 (08:16)
From: Dean Herbert <pe@ppy.sh>
To: App Store Notices <appstorenotices@apple.com>

In my eyes, this matter is resolved. Please tell me what you require to consider it resolved.

Thanks,
Dean

__________________________________________
Date: 12th February, 2013 (04:57)
From: App Store Notices <appstorenotices@apple.com>
To: Dean Herbert <pe@ppy.sh>

Dear Dean,

Thank you for your response.  Unfortunately, Apple cannot serve as arbiter for disputes among third parties.  Please contact Alek Nils directly regarding your actions.  You can reach Alek Nils through: Alek Nils (email: Alek112@hotmail.com), copied on this message. We look forward to confirmation from both parties that this issue has been resolved.  If this issue is not resolved shortly, Apple may be forced to pull your application(s) from the App Store.

Sincerely,
Lana

__________________________________________
Date: 12th February, 2013 (10:33)
From: Dean Herbert <pe@ppy.sh>
To: App Store Notices <appstorenotices@apple.com>

Lana,

This issue is not possible to resolve in my eyes. The other party is what I would classify as an "internet troll", trying to cause me damages for reasons which I cannot understand, and I personally have no way to resolve this issue (although I have tried in the past).

Pulling my app from the app store would not be a correct resolution, and before this was to be considered I would wish to speak with you or someone higher up at Apple. Please let me know who I can contact via phone or otherwise to discuss this further.

I honestly cannot believe that this process is how things are handled by Apple, and that I am being threatened to have content I created personally removed from the app store with no legal basis. Please take a moment to think about this before replying with a template response.

Regards,
Dean Herbert

__________________________________________
Date: 12th February, 2013 (20:57)
From: Dean Herbert <pe@ppy.sh>
To: App Store Notices <appstorenotices@apple.com>

Lana,

On further inspection, in your initial communication you state "We look forward to receiving written assurance that your application does not infringe Alek Nils's rights, or that the parties are taking steps to promptly resolve the matter. Please keep us apprised of your progress."

How do I provide this written assurance, if I have not already? I believe this is the only way we can reach a resolution here.

Regards,
Dean Herbert

__________________________________________
Date: 12th February, 2013 (20:43)
From: derek@ppy.sh
To: Alek112@hotmail.com

Alek,

I have recently taken over management of osu!stream and would like to finally resolve this issue with you and Apple.
The osu!stream spinner graphic was redesigned from scratch about a year ago, and thus is currently different from yours.

2007-2008 osu! default: http://puu.sh/21eua/f44fbc42a0
Late 2008 xistyle: http://puu.sh/21euW/5ea70d8d85
Early 2011 old osu!stream: http://puu.sh/21ez6/e7e3f15915
Late 2011 complaint from you: http://puu.sh/21evI/141902b5ba
Early 2012 current osu!stream: http://puu.sh/21ewX/f170b5b593

Is there any other information that you need to resolve your complaint?

Best regards,
--
Derek Mackenroth
osu!stream Manager

__________________________________________
Date: 3rd April, 2013 (01:41)
From: App Store Notices <appstorenotices@apple.com>
To: Dean Herbert <pe@ppy.sh>

Hello,

Thank you for your response.  Unfortunately, Apple cannot serve as arbiter for disputes among third parties.  Please work directly with each other to resolve any concerns you may have.

Developer: ppy
Provider: Dean Herbert|1357346609
App Title: osu!stream
Apple ID: 436952197
Email Contact(s): osu@ppy.sh, pe@ppy.sh
-

Please keep us apprised of your progress.

Sincerely,
Lana

__________________________________________
Date: 28th April, 2013
From: Nilsen Nilsen <alek112@hotmail.com>
To: App Store Notices <appstorenotices@apple.com>

Hi.

We did. It is still not resolved and they are ignoring my requests, so please remove the app from your app-store now.

Regards, Alek.

__________________________________________
Date: 3rd May, 2013
From: Nilsen Nilsen <alek112@hotmail.com>
To: App Store Notices <appstorenotices@apple.com>

Hi.

Im going to keep sending this until you take me seriously.
I already told you guys we did talk and they are ignoring my requests, so please REMOVE their app from the app-store right away.

Regards,
Alek.

__________________________________________
Date: 3rd May, 2013 (00:17)
From: asn-escalations@apple.com
To: alek112@hotmail.com

Please work on resolving this matter directly with each other and include the other party on your correspondence withAppStoreNotices@apple.com.  Please note that this email address does not process incoming emails.  Thank you.

__________________________________________
Date: 4rd May, 2013
From: Nilsen Nilsen <alek112@hotmail.com>
To: App Store Notices <appstorenotices@apple.com>

They are not even taking this seriously. First of all, they managed to get the wrong render, thats not even the render they stole from me. second of all, look how similar their "solution" render is to my previous render. All they did was add a "twirl" in Photoshop and some Gaussian blur effect to the white piece in the middle, saying they "redesigned it from scratch" is in NO WAY sufficient to subscribe what they did.

They still copied my render and added some simple Photoshop effects to it... I told them I dont agree with what they did, and that they should remove the design and make their own completely, and unban me from osu!, which is another thing they did when I filed for copyright to you guys, that is not a good enough reason to ban a player. They totally ignored both requests, I sent them 3-4 emails...

So Appstore, remove their app now. This is already taking way too long.

Regards,
Alek.

__________________________________________
Date: 1st June, 2013 (05:42)
From: App Store Notices <appstorenotices@apple.com>
To: Nilsen Nilsen <alek112@hotmail.com>

Hello,

Please work on resolving this matter directly with each other and include the other party on your correspondence with AppStoreNotices@apple.com.

Sincerely,
Lana

__________________________________________
Date: 2nd November, 2013 (07:25)
From: App Store Notices <appstorenotices@apple.com>
To: Dean Herbert <pe@ppy.sh>

Dear Dean,

**Please include APP23992 in the subject line of any future correspondence on this matter.**

We have learned that Alek Nils has attempted to contact you but has not received a response. Please contact Alek Nils immediately regarding this issue with a substantive response or Apple may be forced to pull your application(s) from the App Store.  You can reach Alek Nils through: Alek Nils (email: Alek112@hotmail.com).

Sincerely,
Lana

__________________________________________
Date: 2nd November, 2013 (12:26)
From: Dean Herbert <pe@ppy.sh>
To: App Store Notices <appstorenotices@apple.com>

I believe I have given substantial responses to all emails thus far, and have not received any further communication.

I considered this matter resolved months ago as conversation stopped.

Please update the case as necessary.

Regards,
Dean

__________________________________________
Date: 2nd November, 2013 (12:26)
From: ASN Escalations <asn-escalations@apple.com>
To: Dean Herbert <pe@ppy.sh>, Nilsen Nilsen <alek112@hotmail.com>

Dear Dean and Alek,

**Please include APP23992 in the subject line of any future correspondence on this matter.**

Thank you for your response.  Please be advised that Alek Nils has recently advised us that you have refused to respond to his emails on this matter.

Both parties in this matter have been responding only to App Store Notices, while dropping the other party off the thread.  We ask both parties to communicate directly with each other and encourage you to keep appstorenotices@apple.com on copy so that we can remain directly apprised of any progress made.  If the matter cannot be resolved in due course, Apple may remove the application from the App Store.

Note that this email address is not monitored for incoming email and all correspondence should include appstorenotices@apple.com.

Thank you for your cooperation.

Sincerely,
App Store Notices Escalations

__________________________________________
Date: 4th January, 2014 (04:56)
From: App Store Notices <appstorenotices@apple.com>
To: pe@ppy.sh

Dear Dean,

We regret that the dispute regarding the app listed below could not be resolved amicably between the parties.  We have removed your application from the App Store.  For any questions relating to this matter, please contact Alek Nils directly.  For any technical questions, please contact iTunes Connect: www.apple.com/itunes/go/itunesconnect/contactus.

Developer: ppy
Provider: Dean Herbert|1357346609
App Title: osu!stream
Apple ID: 436952197
-

Sincerely,
Victoria

__________________________________________
Date: 4th January, 2014 (04:56)
From: Dean Herbert <pe@ppy.sh>
To: App Store Notices <appstorenotices@apple.com>

Please provide me with a phone number to discuss this further. I believe you are handling this situation without actually understanding the premise of what is occurring. I have a user of my game holding me random with a false copyright claim.

I would rather not get lawyers involved, and avoid causing a huge scene about how badly Apple (and their policies) have handled this situation, but will be forced to resort to this if I cannot get in contact with someone to discuss this further.

What was all this beef with a spinner graphic?

This Alek told Apple that peppy and his app infringed his copyright, peppy disputed it, Alek still went on and said the dispute was false. Apple was just sitting there 2 sides saying the opposite.

correct me if I'm wrong

What was all this beef with a spinner graphic?

This Alek told Apple that peppy and his app infringed his copyright, peppy disputed it, Alek still went on and said the dispute was false. Apple was just sitting there 2 sides saying the opposite.

correct me if I'm wrong

No, Apple kept saying "Unfortunately, Apple cannot serve as arbiter for disputes among third parties." Also osu!stream had already changed the spinner asset before the spinner was filed as "copyright infringement."