Sunday, February 1, 2015

Google Play Wrongly Accused SEGMA Entertainment

On January 30, 2015, Google Play Accused the Saints Media app of violating section 4.4 of the Developer Distribution Policy
We received this email from Google Play:

Pay attention to the parts we have bolded...

"This is a notification that your application, Saints Media, with package ID com.diy2app.saintsmedia, has been removed from the Google Play Store.

REASON FOR REMOVAL: Violation of section 4.4 of the Developer Distribution Agreement.

After a regular review, we have determined that your app downloads, monetizes, or otherwise accesses YouTube videos in violation of the YouTube Terms of Service or YouTube API Terms of Service. Accessing content, a product, or service in an unauthorized manner is a violation of the Developer Distribution Agreement, and is not allowed on Google Play."

So we went ahead and looked at section 4.4...
Section 4.4 reads as follows:
Make sure to pay attention to the bolded text...
"4.4 Prohibited Actions. You agree that you will not engage in any activity with the Store, including the development or distribution of Products, that interferes with, disrupts, damages, or accesses in an unauthorized manner the devices, servers, networks, or other properties or services of any third party including, but not limited to, Android users, Google or any mobile network operator. You may not use customer information obtained from the Store to sell or distribute Products outside of the Store." -Google Play Developer Distribution Agreement

So let's talk about the first bold, interferes with, disrupts, damages, or accesses in an unauthorized manner.
Our app only allows viewers to watch videos we make. It notifies when we've uploaded a video. This in no way is able to damage anything what so ever.

Let's look at the next bold, customer information obtained.
First off, our app doesn't collect any information from our users. There is no login required, forms, or surveys. It's an app where they watch our videos. That's it.

So we did go and look at the YouTube API Policy, just like the email said.

This is what we found: (Pay attention the the text that we bolded)

"Our API Client will not, and You will not encourage or create functionality for Your users or other third parties to:

collect or modify any YouTube user account information;

interfere or attempt to interfere in any manner with the proper workings of the YouTube API, or create or distribute any API Client that adversely affects the functionality or performance of YouTube or services provided by YouTube;

circumvent or render ineffective any geographical restrictions, including IP address-based restrictions;

sell, lease, lend, convey, redistribute, or sublicense to any third party all or any portion of the YouTube API or API Data (except that You may distribute and display the YouTube audiovisual content and accompanying metadata to Your users through Your API Client in a manner that complies with this Agreement);

modify or replace the text, images, or other content of the YouTube search results, including (i) changing the order in which search results are presented as YouTube search results, or (ii) intermixing sources other than YouTube when search results are presented as YouTube search results;

modify, replace or otherwise disable the functioning of links to YouTube or third-party websites provided in the YouTube search results or otherwise provided through the YouTube API or YouTube player;

modify, replace, interfere with or block advertisements placed by YouTube in the YouTube Data, YouTube audiovisual content, or the YouTube player;

separate, isolate, or modify the audio or video components of any YouTube audiovisual content made available through the YouTube API;

promote separately the audio or video components of any YouTube audiovisual content made available through the YouTube API;

access any portion of any YouTube audiovisual content by any means other than use of a YouTube player or other video player expressly authorized by YouTube;

store copies of YouTube audiovisual content;

use the YouTube API intentionally to encourage or promote copyright infringement or the exploitation of copyright-infringing materials;

misrepresent your identity when registering for use of the YouTube API, use the developer credentials licensed to a different individual or entity, or mask Your usage of the YouTube API; or

use a video player smaller than the minimum video player size set forth in the YouTube API documentation and specifications." -YouTube API Terms of Service

So look at the first bold, (except that You may distribute and display the YouTube audiovisual content and accompanying metadata to Your users through Your API Client in a manner that complies with this Agreement)
The videos that were on our app were embedded using the Embed Code, that YouTube Provides for each video anyone uploads, to the public for sharing videos on other websites. If this is considered a violation, then YouTube is literally giving us the tools to violate the policy.

Let's talk about the second bold, other than use of a YouTube player or other video player expressly authorized by YouTube.
The embedded HTML codes that YouTube provides is obviously authorized BY YouTube, if they're the ones that provide the codes. That's pretty plain and simple.

Let's move on the the third bold, use the YouTube API intentionally to encourage or promote copyright infringement or the exploitation of copyright-infringing materials.
The videos that were on the app, were videos that were also created by us. There is no Copyright infringement if we're the ones that created the videos. Unless this means that Google is trying to claim our videos as theirs, which is a Copyright infringement on their part, then no violation is being done.

So as all that is stated above, we have proven that Google has made a very big mistake, and we still await an apology for their wrong doings. After being wrongly accused of a violation we DID NOT COMMIT, we still have not received any apology.

Here is a message from Christopher, the Creator and President of SEGMA Entertainment:
"SEGMA Entertainment and my Channel are not to blame for the removal of our app. Google Play made a wrong move, we've contacted them, I've contacted them, and yet, they still have the nerves to disrespect my work, SEGMA Entertainment's work, and my channel. I blame only Google Play for this problem, and any other problems that arise from Saints Media regarding the removal. The referenced Terms of Service and Policies were reviewed, and we have come to a conclusion, that the mistake was not on our hands, but solely on Google. I will not try to make any further communication with them on this matter, because they have refused any further arguments on the matter, and are being uncooperative. My final decision is made, Google wrongly accused us, I have no further words on this matter."

Google, the ball is in your court. Make your move.

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