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Actually this question ( Does DMCA cover apps? ) does not cover my answer. Actually I have made an android app which is published on play store. I had trained some machine learning models which I used in my app and they were present in my apk. Recently I realized that some developer from China has decompiled my apk and used my machine learning models in their app. But cleverly they modified my models content with some fake data, and on runtime they put the right data within the model to make them work. I cannot access the right data to make the model work because it is encrypted in c++ files.

I am wondering is there any way I can file DMCA take down notice against the developer. Or it is considered the "Fair use" in terms of DMCA ( I am new to this act ). Please help me.

Thanks

  • Hello erbeta! Welcome to Law.SE. Please read our tour page, linked at the bottom of this page. – isakbob Oct 31 '19 at 14:22
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Your software is protected by copyright: decompiling, fiddling with, and redistributing your software is infringement. If they published their product e.g. with Google, then you can file a DMCA takedown notice, with the host service. At that point, Google will take the item down; the other party may or may not file a counter-notice (claiming that they have the right to distribute the material), and if they do, Google will notify you. Then you have to notify Google that you are suing the other party (there is a 14 day outer window for this), at which point if you did your part, Google has taken the item down and you resolve this in court.

It is only when you get to court that the factual question of whether this is actually infringement is asked and answered. If you have a clever NOOP signature in the code which they didn't manually remove, you should win. The burden is on you to show that they copied your software.

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  • He is saying the features are the same. He can't show it's the same code. – Putvi Oct 30 '19 at 19:52
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No you can not do anything to the people in China.

  1. Your machine learning ideas are not patented in any way.
  2. You can not prove the Chinese did not just do the same work you did, rather then decompiling your app.

3.The Chinese have stolen secrets for years and do not listen to the U.S., a good portion of the time.

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  • But their app is uploaded on play store which is the product of Google operating in USA. So, could Google take it down based on dmca. And if the results from models are exactly the same as my one there is very less probability that it is co-incident. – erbeta Oct 30 '19 at 18:47
  • No, you have no proof they did anything wrong. Two apps having the same features does not mean something wrong was done. – Putvi Oct 30 '19 at 18:48
  • Okay. But Vsco sued Picsart ( Both apps on playstore ) for using their Presets which are just images (scribd.com/document/405092137/VSCO-Complaint#from_embed). So how they can sue it because they were just images. – erbeta Oct 30 '19 at 18:52
  • They are suing for false advertising and reverse engineering of some filters, you do not have any patents or copyrights. – Putvi Oct 30 '19 at 18:55
  • Okay. It means even if they have 100% percent results same as mine, I cannot call dmca take down notice to Google Play. And I think even if the developer was from USA or any country I could still not do anything? Thanks – erbeta Oct 30 '19 at 19:03

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