Vondran Legal® - Mobile Application Disputes with Apple Store and Google Play.  Call us at (877) 276-5084.

Introduction

Mobile application developers often encounter legal pitfalls when it comes to following the guidelines set by Apple Store and Google Play. From copyright infringement to privacy violations, there are many regulations that need to be adhered to in order to ensure your app remains in compliance. This is why it makes sense to have an Intellectual Property law firm help you navigate through the complex legal landscape of app development. In this blog, we will discuss the common legal issues faced by developers and why seeking legal advice is essential to protect your app and avoid costly legal battles.

This blog will discuss a few problem areas developers need to be aware of.  The first is making sure you read and understand the respective App Store (Google or Apple), rules and guidelines and make sure to follow them.  This blog will focus on Apple Store Guidelines.

Apple's App Developer Program License Agreement

According to Apple's developer program posted terms:

You would like to use the Apple Software (as defined below) to develop one or more Applications (as defined below) for Apple-branded products. Apple is willing to grant You a limited license to use the Apple Software and Services provided to You under this Program to develop and test Your Applications on the terms and conditions set forth in this Agreement.

Applications developed under this Agreement for iOS, iPadOS, macOS, tvOS, visionOS, and watchOS can be distributed: (1) through the App Store, if selected by Apple, (2) on a limited basis for use on Registered Devices (as defined below), and (3) for beta testing through TestFlight. Applications developed for iOS, iPadOS, macOS, and tvOS can additionally be distributed through Custom App Distribution, if selected by Apple. Applications developed for macOS can additionally be separately distributed as described in this Agreement.

Applications that meet Apple's Documentation and Program Requirements may be submitted for consideration by Apple for distribution via the App Store, Custom App Distribution, or for beta testing through TestFlight. If submitted by You and selected by Apple, Your Applications will be digitally signed by Apple and distributed, as applicable. Distribution of free (no charge) Applications (including those that use the In-App Purchase API for the delivery of free content) via the App Store or Custom App Distribution will be subject to the distribution terms contained in Schedule 1 to this Agreement. If You would like to distribute Applications for which You will charge a fee or would like to use the In-App Purchase API for the delivery of fee-based content, You must enter into a separate agreement with Apple (“Schedule 2”). If You would like to distribute paid Applications via Custom App Distribution, You must enter into a separate agreement with Apple (“Schedule 3”). You may also create Passes (as defined below) for use on iOS or watchOS under this Agreement and distribute such Passes for use by Wallet.

A violation of their Section 3.2 may be cited as being in violation.  This section lists many potential violations an APP DEVELOPER can run into.

3.2 Use of the Apple Software and Apple Services

As a condition to using the Apple Software and any Apple Services, You agree that:

1. You will use the Apple Software and any services only for the purposes and in the manner expressly permitted by this Agreement and in accordance with all applicable laws and regulations;
2. You will not use the Apple Software or any Apple Services: (1) for any unlawful or illegal activity, nor to develop any Covered Product or Corresponding Products, which would commit or facilitate the commission of a crime, or other tortious, unlawful or illegal act; (2) to threaten, incite, or promote violence, terrorism, or other serious harm; or (3) to create or distribute any content or activity that promotes child sexual exploitation or abuse;
3. Your Application, Library and/or Pass will be developed in compliance with the Documentation and the Program Requirements, the current set of which is set forth in Section 3.3 below;
4. To the best of Your knowledge and belief, Your Covered Products or Corresponding Products, Licensed Application Information, Xcode Cloud Content, and Pass Information do not and will not violate, misappropriate, or infringe any Apple or third-party copyrights, trademarks, rights of privacy and publicity, trade secrets, patents, or other proprietary or legal rights (e.g., musical composition or performance rights, video rights, photography or image rights, logo rights, third-party data rights, etc. for content and materials that may be included in Your Application);
5. You will not, through use of the Apple Software, Apple Certificates, Apple Services or otherwise, create any Covered Product, Corresponding Product, or other code or program that would: (1) disable, hack or otherwise interfere with the Security Solution, or any security, digital signing, digital rights management, verification or authentication mechanisms implemented in or by iOS, iPadOS, macOS, tvOS, visionOS, watchOS, the Apple Software, or any Services, or other Apple software or technology, or enable others to do so (except to the extent expressly permitted by Apple in writing); or (2) violate the security, integrity, or availability of any user, network, computer or communications system;
6. You will not, directly or indirectly, commit any act intended to interfere with any of the Apple Software or Services, the intent of this Agreement, or Apple's business practices including, but not limited to, taking actions that may hinder the performance or intended use of the App Store, Custom App Distribution, TestFlight, Xcode Cloud, Ad Hoc distribution, or the Program (e.g., submitting fraudulent reviews of Your own Application or any third-party application, choosing a name for Your Application that is substantially similar to the name of a third-party application in order to create consumer confusion, or squatting on application names to prevent legitimate third-party use). Further, You will not engage, or encourage others to engage, in any unlawful, unfair, misleading, fraudulent, improper, or dishonest acts or business practices relating to Your Covered Products or Corresponding Products (e.g., engaging in bait-and-switch pricing, consumer misrepresentation, deceptive business practices, or unfair competition against other developers); and

1:10 Safety Guidelines

Apple also has other guidelines that must be adhered to when submitting, marketing, and promoting your apps on the Apple Store.

Per their Section 1:10 Safety Guidelines:

1. Safety

When people install an app from the App Store, they want to feel confident that it's safe to do so—that the app doesn't contain upsetting or offensive content, won't damage their device, and isn't likely to cause physical harm from its use. We've outlined the major pitfalls below, but if you're looking to shock and offend people, the App Store isn't the right place for your app. Some of these rules are also included in Notarization for iOS apps.

• 1.1 Objectionable Content

  Apps should not include content that is offensive, insensitive, upsetting, intended to disgust, in exceptionally poor taste, or just plain creepy. Examples of such content include:

  • 1.1.1 Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups, particularly if the app is likely to humiliate, intimidate, or harm a targeted individual or group. Professional political satirists and humorists are generally exempt from this requirement.
  • 1.1.2 Realistic portrayals of people or animals being killed, maimed, tortured, or abused, or content that encourages violence. “Enemies” within the context of a game cannot solely target a specific race, culture, real government, corporation, or any other real entity.
  • 1.1.3 Depictions that encourage illegal or reckless use of weapons and dangerous objects, or facilitate the purchase of firearms or ammunition.
  • 1.1.4 Overtly sexual or pornographic material, defined as “explicit descriptions or displays of sexual organs or activities intended to stimulate erotic rather than aesthetic or emotional feelings.” This includes “hookup” apps and other apps that may include pornography or be used to facilitate prostitution, or human trafficking and exploitation.
  • 1.1.5 Inflammatory religious commentary or inaccurate or misleading quotations of religious texts.
  • 1.1.6 False information and features, including inaccurate device data or trick/joke functionality, such as fake location trackers. Stating that the app is “for entertainment purposes” won't overcome this guideline. Apps that enable anonymous or prank phone calls or SMS/MMS messaging will be rejected.
  • 1.1.7 Harmful concepts which capitalize or seek to profit on recent or current events, such as violent conflicts, terrorist attacks, and epidemics.

As such, you mobile app can be either refused to be placed on the Apple Store, or removed upon notice of a violation

Can you (should you) Sue Apple if they do not reinstate your App?

Well, this is a tricky question.  There may be some cases where you have invested so much money into your mobile application, and done everything you could to follow the rules, and then suffer an app takedown due to IP infringement, or violation of other rules and guidelines.  This may be with our without notice to your company.  This can seem very unfair at times and there may be grounds to bring a declaratory judgment action of non-infringement or to assert that Apple is not following its own rules and causing harm in the process.  However, I would suggest you try every other possible means before going this route.  After all, if you sue a company like Apple or Google, you can expect them to do their best to EVER have your app listed on their stores again.

Contact a California Mobile App Dispute Attorney

Since 2004, Vondran Legal® has resolved over 1,000 legal disputes dealing with copyright, trademark and other technology related issues.  We have appeared in over 400 state and federal litigation cases.  Contact us to discuss your case at (877) 276-5084 or fill out our contact form for more information.