X-wing Companion got taken down by Disney.

By Marinealver, in X-Wing

Hey all, I'm the creator of the X-Wing Companion app.

Yes, it's true that the app got removed from the US Google Play store on request of Disney and/or LucasFilm*.

It has nothing to do with the advertisements in the app, but everything with the usage of "X-Wing" in the app's name and the usage of the official card images. Here's an excerpt from the email I received:

It has come to our attention that the “X-Wing Companion” app is infringing Lucasfilm’s intellectual property rights, namely, by using Lucasfilm’s X-WING trademark and name as well as the card images from the X-Wing: The Miniatures Game without authorization. This use is misleading the public and is likely to create confusion as to whether the app is affiliated with Lucasfilm.

Obviously Star Wars and everything related is property of Disney/LucasFilm, and they have every right to take down the app and enforce their copyrights. I don't really see how my app is any different than websites that have card images, but I don't know much about copyright law. I guess they have their reasons. The app does mention that it is unofficial and not affiliated with LucasFilm or FFG in any way.

A few people have asked me if I will keep on updating the app outside of the Google Play Store, but I won't. It'd be tough to reach all 18k people that currently have XWC installed, and I also don't really want to go against Disney's wishes here. I'm a big fan of Star Wars and the X-Wing game and it'd feel wrong to keep releasing the app after Disney made it clear they're not OK with it.

I have asked them if I can change the app in any way (change name, remove card images, remove ads, whatever) so I can keep on releasing it. I hope we can work things out :)

Thanks to everyone who downloaded and supported the app in the past year. I hope you found it useful :)

/Guido

PS: This doesn't affect current installations. As long as you don't uninstall the app you can keep on using it.

* It's still available outside the US, but I'm not sure how long that'll last.

Edited by GKi

Hey all, I'm the creator of the X-Wing Companion app.

Yes, it's true that the app got removed from the US Google Play store on request of Disney and/or LucasFilm*.

It has nothing to do with the advertisements in the app, but everything with the usage of "X-Wing" in the app's name and the usage of the official card images. Here's an excerpt from the email I received:

It has come to our attention that the “X-Wing Companion” app is infringing Lucasfilm’s intellectual property rights, namely, by using Lucasfilm’s X-WING trademark and name as well as the card images from the X-Wing: The Miniatures Game without authorization. This use is misleading the public and is likely to create confusion as to whether the app is affiliated with Lucasfilm.

Obviously Star Wars and everything related is property of Disney/LucasFilm, and they have every right to take down the app and enforce their copyrights. I don't really see how my app is any different than websites that have card images, but I don't know much about copyright law. I guess they have their reasons. The app does mention that it is unofficial and not affiliated with LucasFilm or FFG in any way.

A few people have asked me if I will keep on updating the app outside of the Google Play Store, but I won't. It'd be tough to reach all 18k people that currently have XWC installed, and I also don't really want to go against Disney's wishes here. I'm a big fan of Star Wars and the X-Wing game and it'd feel wrong to keep releasing the app after Disney made it clear they're not OK with it.

I have asked them if I can change the app in any way (change name, remove card images, remove ads, whatever) so I can keep on releasing it. I hope we can work things out :)

Thanks to everyone who downloaded and supported the app in the past year. I hope you found it useful :)

/Guido

PS: This doesn't affect current installations. As long as you don't uninstall the app you can keep on using it.

* It's still available outside the US, but I'm not sure how long that'll last.

You are a reasonable, level headed person who's chosen the logical path in all this.

I like you.

Hey all, I'm the creator of the X-Wing Companion app.

Yes, it's true that the app got removed from the US Google Play store on request of Disney and/or LucasFilm*.

It has nothing to do with the advertisements in the app, but everything with the usage of "X-Wing" in the app's name and the usage of the official card images. Here's an excerpt from the email I received:

It has come to our attention that the “X-Wing Companion” app is infringing Lucasfilm’s intellectual property rights, namely, by using Lucasfilm’s X-WING trademark and name as well as the card images from the X-Wing: The Miniatures Game without authorization. This use is misleading the public and is likely to create confusion as to whether the app is affiliated with Lucasfilm.

Obviously Star Wars and everything related is property of Disney/LucasFilm, and they have every right to take down the app and enforce their copyrights. I don't really see how my app is any different than websites that have card images, but I don't know much about copyright law. I guess they have their reasons. The app does mention that it is unofficial and not affiliated with LucasFilm or FFG in any way.

A few people have asked me if I will keep on updating the app outside of the Google Play Store, but I won't. It'd be tough to reach all 18k people that currently have XWC installed, and I also don't really want to go against Disney's wishes here. I'm a big fan of Star Wars and the X-Wing game and it'd feel wrong to keep releasing the app after Disney made it clear they're not OK with it.

I have asked them if I can change the app in any way (change name, remove card images, remove ads, whatever) so I can keep on releasing it. I hope we can work things out :)

Thanks to everyone who downloaded and supported the app in the past year. I hope you found it useful :)

/Guido

PS: This doesn't affect current installations. As long as you don't uninstall the app you can keep on using it.

* It's still available outside the US, but I'm not sure how long that'll last.

I'm pretty sure you can ask permission from FFG to use card images for your app, but you may have to modify the name to not include "X-wing" -> XWTMG Companion?

My 2c is that it would be easier to drop anything that has a direct connection to Disney/LucasFilm and work it out with FFG for the rest. I requested a while ago permission to use card art on my blog and I received it from FFG, but LucasFilm would not allow me to use a screenshot from their EPVII trailer.

This does not bode well. I hope it doesn't spread to other stuff.

Hey all, I'm the creator of the X-Wing Companion app.

Yes, it's true that the app got removed from the US Google Play store on request of Disney and/or LucasFilm*.

It has nothing to do with the advertisements in the app, but everything with the usage of "X-Wing" in the app's name and the usage of the official card images. Here's an excerpt from the email I received:

It has come to our attention that the “X-Wing Companion” app is infringing Lucasfilm’s intellectual property rights, namely, by using Lucasfilm’s X-WING trademark and name as well as the card images from the X-Wing: The Miniatures Game without authorization. This use is misleading the public and is likely to create confusion as to whether the app is affiliated with Lucasfilm.

Obviously Star Wars and everything related is property of Disney/LucasFilm, and they have every right to take down the app and enforce their copyrights. I don't really see how my app is any different than websites that have card images, but I don't know much about copyright law. I guess they have their reasons. The app does mention that it is unofficial and not affiliated with LucasFilm or FFG in any way.

A few people have asked me if I will keep on updating the app outside of the Google Play Store, but I won't. It'd be tough to reach all 18k people that currently have XWC installed, and I also don't really want to go against Disney's wishes here. I'm a big fan of Star Wars and the X-Wing game and it'd feel wrong to keep releasing the app after Disney made it clear they're not OK with it.

I have asked them if I can change the app in any way (change name, remove card images, remove ads, whatever) so I can keep on releasing it. I hope we can work things out :)

Thanks to everyone who downloaded and supported the app in the past year. I hope you found it useful :)

/Guido

PS: This doesn't affect current installations. As long as you don't uninstall the app you can keep on using it.

* It's still available outside the US, but I'm not sure how long that'll last.

The significant difference is that most of the online list builders are not in an online app store & do not have ads built in, which gives them a reasonable fair use claim. Even though it is not specifically mentioned in the e-mail you received, the X Wing Companion could not make any sort of fair use claim because it is running ads and is being presented in a store front (even if the download itself is free). Very few companies want to get into a fair use fight right now because any potential legal fight, if their C&D results in one, has substantial risk attached to it.

There also probably issue with the title: 'X Wing Companion' sounds like an officially licensed product, even if you explain in a byline that it isn't (and I imagine this is partly why you chose that title for the app, correct?).

This does not bode well. I hope it doesn't spread to other stuff.

Certainly the scrutiny will end with the Apple and Google play stores. I hope.

So now we know ONE of the announcements at Celebration...an official app.

I fully expect that this is due to FFG/Disney cooking up their own.

Could this be in preparation for the squad builder that appeared in that leaked presentation a while back?

Is it available for purchase? I had worked for Loss Prevention for a bit between discharge and school. Got the whole wrap up on legal requirements for proof on shoplifting to include an item must be marked for sale. So if there is no price tag on it it could be considered free (there are further details so ripping off the price tag won't be a free get out of jail). Now I know Digital items are under a different law from physical items thanks to the DMCA (and thank god not the SOPA), Also Disney being the owner of the Star Wars Franchise has every right to issue Cease and Desists Orders for any use of that franchise they have not authorized themselves.

As for the ads does Google Play allow free apps to go without ads? I haven't found a free app that doesn't include adds inside them micro-transaction funded or not in the Google Play store.

Edited by Marinealver

The squad builder I use on my phone is Ad free, free, and is a combination of a squad builder and the companion that was just shut down...

That's actually why I uninstalled the companion...I have it all in one app...so no I don't think there NEEDS to be ads to be added to google play.

I fully expect that this is due to FFG/Disney cooking up their own.

Could this be in preparation for the squad builder that appeared in that leaked presentation a while back?

Is it available for purchase? I had worked for Loss Prevention for a bit between discharge and school. Got the whole wrap up on legal requirements for proof on shoplifting to include an item must be marked for sale. So if there is no price tag on it it could be considered free (there are further details so ripping off the price tag won't be a free get out of jail). Now I know Digital items are under a different law from physical items thanks to the DMCA (and thank god not the SOPA), Also Disney being the owner of the Star Wars Franchise has every right to issue Cease and Desists Orders for any use of that franchise they have not authorized themselves.

As for the ads does Google Play allow free apps to go without ads? I haven't found a free app that doesn't include adds inside them micro-transaction funded or not in the Google Play store.

The X-Wing Squad Designer app that got pulled didn't have any ads, or at least I don't ever remember seeing any while using it.

I've also noticed my squad builder app hasn't had an update in a while and after the release of Wave 6. I wonder if it been hit by the same order.

Edited by Marinealver

I just remembered there's an app on the Play Store that has a PRO version, and it isn't taken down, but this somehow is? The LITE version also has ads...

That's disappointing.

I fully expect that this is due to FFG/Disney cooking up their own.

Maybe, but I think it's likely that Disney is simply protecting the IP. The exact legalities are quite complicated (or so I'm told; I'm no expert by any means), but boiling it down to simple terms: you kind of have to be as big a jerk as you can be in order to guarantee you retain any IP rights you paid for. If a third party is using your IP, and there is a reasonable degree of public awareness that said third party is using your IP, and you do not do anything about it, the legal system may consider your inaction to be a sort-of surrender of the license. Other companies can then use that against you if they decide to start using the license and you try to go after them.

Considering the amount of money Disney paid for the IP, I think it would be a good bet that they will be extremely aggressive when it comes to anyone using the license without paying for it.

(I'll also note that I totally disagree with the current implementation of IP laws, and even the concept of 'intellectual property' as a thing - but given the current framework, Disney's handing out every C&D they can seems pretty rational to me).

Its exactly this.

IP is incredibly complicated and varies by country. You have to be seen to be protecting your IP.

When i worked at GW some frankly brilliant stuff that was 'fan made' that we'd have loved to have let get out there had to have a 'cease and desist' notice sent because it would open up the floodgates.

In some cases just allowing a company to use a small amount of the IP and 'look the other way' , knowing full well they would be responsible would have then allowed *anybody* to make anything they liked using GWs imagery logos etc.. because of how , for example, German IP law works opposed to UK IP law.

If Disney see someone making an app (even if it isnt for profit) that uses copywrited terms, imagery they have paid to have created or even just could lead the casual observer to believe was 'official' then they really have to close it down if they dont want to set a precedent.

And if they let it slide but then someone does something really shady and *not* good for the game then because they have not protected their IP in the past they have a much tougher time fighting it in court when they really do need to.

It sucks but quite often the people who make this app, if its good and popular will be approached by the IP holder to make the official one anyway.

Edit: Sorry i posted this without noticing others had said after pretty much the same thing after it went on to page 2, just woke up and failed to notice it was two pages!

Guido, you're being really sensible about that. Have you tried to sell your app to Disney?

Edited by Gadge

There also probably issue with the title: 'X Wing Companion' sounds like an officially licensed product, even if you explain in a byline that it isn't (and I imagine this is partly why you chose that title for the app, correct?).

I named it "X-Wing Companion" so it could easily be found by people looking for X-Wing apps. I doubt anyone would mistake it for an official app :)

So now we know ONE of the announcements at Celebration...an official app.

Let's hope so!

As for the ads does Google Play allow free apps to go without ads? I haven't found a free app that doesn't include adds inside them micro-transaction funded or not in the Google Play store.

Yes, Google Play does allow you to build free apps without ads. I put them in as a little experiment; I'd never made a mobile app before so I wanted to try things out.

As an added bonus it also enabled me to gain back some of the costs I made developing XWC (website template, domain & hosting, iOS developer account, lots of spare time, etc.)

Guido, you're being really sensible about that. Have you tried to sell your app to Disney?

Thanks, and no I haven't. But I'd gladly give it to them for free if they wanted to :)

This does not bode well. I hope it doesn't spread to other stuff.

Well when looking at other large corporations for example Nintendo, they take down stuff enmass. So yes this is not going to be the only victim.

But copyright laws are best described as loosely put together. To be exact copyright laws if going by the letter are broken all the time and in ways not covered by fair use but they are not in enforced until the copyright holder takes action such as cease and desist or copyright claims. There is this concept of "tolerated use" in which according to copyright laws some actions are in violation and are not covered by fair play but the copyright owner lets it pass because either the copyright owner benefits from the action in some way, or if the cost to take legal action is more for the owner than to simply let it continue.

This is more about YouTube and Lets Plays but it does cover some interesting subjects on copyright laws.

Any news regarding the companion, GKI?

I'm using this app very often and i might not think of playing X-Wing without an app that helpful as the companion is.

This app is really a great piece of work!

At least we aren't having the riot like what happened when FFG sent a C&D to a Netrunner deckbuilder.

FFG is working on a digital content usage guidelines. Though, the issues will be complicated for the Star Wars games because they don't own the images.

Any news regarding the companion, GKI?

I'm using this app very often and i might not think of playing X-Wing without an app that helpful as the companion is.

This app is really a great piece of work!

No news yet.

FFG is working on a digital content usage guidelines. Though, the issues will be complicated for the Star Wars games because they don't own the images.

Oh really? That's the first I've heard about it, but that sounds promising. Where can I read more about these guidelines?

Just so everyone knows, your not just dealing with copyright laws but also trademark laws as well.

Any news regarding the companion, GKI?

I'm using this app very often and i might not think of playing X-Wing without an app that helpful as the companion is.

This app is really a great piece of work!

No news yet.

FFG is working on a digital content usage guidelines. Though, the issues will be complicated for the Star Wars games because they don't own the images.

Oh really? That's the first I've heard about it, but that sounds promising. Where can I read more about these guidelines?

As far as I can tell, they are still working on it. It's not entirely clear where the one site went over the line, but it is a reasonable belief that it being the source of images for a way to play Netrunner online was an important factor.

Yeah, what happened there was someone tried to write an online Netrunner client that completely removed the requirement to buy any cards, copied the high res images from the deckbuilder, and then with the best of intentions decided it'd be a good idea to give credit by saying "Images provided by [name of deckbuilder]," which of course implies the deckbuilder was partnered with them. When FFG's laywers took down the Netrunner client's development site they also took down the deckbuilder.

Yeah, what happened there was someone tried to write an online Netrunner client that completely removed the requirement to buy any cards, copied the high res images from the deckbuilder, and then with the best of intentions decided it'd be a good idea to give credit by saying "Images provided by [name of deckbuilder]," which of course implies the deckbuilder was partnered with them. When FFG's laywers took down the Netrunner client's development site they also took down the deckbuilder.

With the netrunner DB I can understand the need to take down the hi-rez cards. People with the right equipment could simply print their own and then sell the counterfeits at a profit. For a database that includes the image of card games there needs to be a watermark or defacement somehow that stops people from using the database to copy cards. Much like the word sample seen on plenty of simulation money used for education or props.

X-wing however is not a card game. Sure it uses cards but the cards are worthless without the model. Now if someone starts posting 3-d printer dimensions for models I am sure that is illegal and should get taken down.

But yes I think Oso is right this is more on trademark laws than copyright laws and that can be a whole new beast.

Edited by Marinealver

There are a lot of people conflating trademark and copyright issues here. They are not interchangeable. The string "x-wing" is a trademark dating back to the mid 90s for LFL (now Disney). Grossly oversimplified: Disney is legally compelled to protect the trademark. There is no evil intent, or strategic timing. For whatever reason it came to their IP enforcement's attention and triggered a C&D process. It sucks for players, but it's the reality of the crappy state of IP law. There is no way to compel them to offer a reasonable license.

It's not unreasonable for Disney to protect the brand and ask unaffiliated sites to remove trademark protected property. It's easy to avoid as you just need to look for the ™ next to the protected brand. You can check to see if a phrase of words is protected here: http://www.uspto.gov at the United States Patent and Trademark Office.

FFG, I'm sure is exploring the idea of a similar app. They've already dropped hints to the Tournament software. FFG has also been storing up X-Wing™ news for some time.