Enforcing an unrelated EULA?

[justinxxvii]

What is the name of your state (only U.S. law)? (Kansas)

I sell software on Apple's App Store. I currently have a score keeper for a popular videogame on sale. I received an e-mail from a representative of the videogame's publishing company, demanding my software's removal per their good faith belief I am violating their rights. They didn't say which rights.

Take a look at this:
After communication with our client I have been asked to reiterate the following statements from the End-User License Agreement (EULA), which they assert apply to the development of all software connected to their products:(emphasis mine)
YOU SHALL NOT:
• Exploit this Program or any of its parts commercially, including but not limited to use at a cyber cafe, computer gaming center or any other location-based site. Activision may offer a separate Site License Agreement to permit you to make this Program available for commercial use; see the contact information below.
• Reverse engineer, derive source code, modify, decompile, disassemble, or create derivative works of this Program, in whole or in part.

I'm not in violation of either bullet. My question is, is it even possible to enforce a EULA on me if my software is unrelated to that EULA? This is the EULA that is agreed upon after buying the game and opening the box/installing. My software has nothing to do with that EULA, and if anything, my customers are the ones bound by this EULA, not me.

The app store was recently blanketed with these letters, other developers have come forward with info that they indeed received the same info. Requests for clarification have gone unanswered.What is the name of your state (only U.S. law)?

 

[Zigner]

What is the name of your state (only U.S. law)? (Kansas)

I sell software on Apple's App Store. I currently have a score keeper for a popular videogame on sale. I received an e-mail from a representative of the videogame's publishing company, demanding my software's removal per their good faith belief I am violating their rights. They didn't say which rights.

Take a look at this:
After communication with our client I have been asked to reiterate the following statements from the End-User License Agreement (EULA), which they assert apply to the development of all software connected to their products:(emphasis mine)
YOU SHALL NOT:
• Exploit this Program or any of its parts commercially, including but not limited to use at a cyber cafe, computer gaming center or any other location-based site. Activision may offer a separate Site License Agreement to permit you to make this Program available for commercial use; see the contact information below.
• Reverse engineer, derive source code, modify, decompile, disassemble, or create derivative works of this Program, in whole or in part.

I'm not in violation of either bullet. My question is, is it even possible to enforce a EULA on me if my software is unrelated to that EULA? This is the EULA that is agreed upon after buying the game and opening the box/installing. My software has nothing to do with that EULA, and if anything, my customers are the ones bound by this EULA, not me.

The app store was recently blanketed with these letters, other developers have come forward with info that they indeed received the same info. Requests for clarification have gone unanswered.What is the name of your state (only U.S. law)?

So, you are selling YOUR program based on its ability to keep the scores obtain from THEIR game. Without their game, your program would not exist. On the face of it, it certainly does seem like you are in violation.

 

[justalayman]

My question is, is it even possible to enforce a EULA on me if my software is unrelated to that EULA?

I have to ask; if you somehow have attached your program to their program so as to be able to retain the score, how did you do this without having a copy of their software?
In other words, did you throw some programming together that just happened to act this way when near their programming or did you open their programming so as to be able to attach your program in some specific fashion to interact with their programming?

 

[justinxxvii]

I have to ask; if you somehow have attached your program to their program so as to be able to retain the score, how did you do this without having a copy of their software?
In other words, did you throw some programming together that just happened to act this way when near their programming or did you open their programming so as to be able to attach your program in some specific fashion to interact with their programming?

Let me clarify:

This is iPhone software, running on a user's iPhone or iPod Touch, and is independent of the video game software. It is used in parallel with the video game, which is being played on a PC or home game console. The user manually enters data to a form on the iPhone screen(much like a scorekeeper in a baseball game would write to a log for each batter)

So my software does not attach itself or make a copy of the video game itself in any way.

As far as the programming goes, I just have a skeleton program that houses data. I give the skeleton game details (game name, gameplay modes) and the skeleton populates with information and requests user input on player score. The skeleton software does no interaction with the game in question, all interaction is user based. In this case, I've given the skeleton software the game name, and available game modes to keep score for, and the software presents the user with the opportunity to keep score for that game and those game modes. The software doesn't in any way shape or form communicate or associate with the game happening. The game is on a PC or XBOX, the skeleton software is on an iPhone.

While my software would have no purpose without the original game, a baseball log book would have no purpose without a game of baseball being played.