I am just surprised it slipped past the Apple censors
Orn Malik for GigaOM is shocked that terrible free game Cut the Birds (which manages to simultaneously rip off Angry Birds and Fruit Ninja) ended up on the App Store. I’m not. Despite reports that Apple’s policing of the store is draconian, it’s anything but these days. It’s commonplace to see IP rips on the store, and I’ve chanced upon lifts from Pac-Man, Mario and other famous brands.
Generally, Apple’s pretty good at removing infringing properties when challenged (and that was even the case with an indie dev I know whose game and game name were stolen wholesale), and it’s tough to think what Apple should be doing instead. It could act as more of a gatekeeper, rejecting more IP that obviously infringes, but such action is likely to be inconsistently applied, and most likely to only protect big companies by default. Furthermore, it’s not like Apple’s alone in this—myriad cases of IP theft also exist on the Android Marketplace, for example.
Still, that such blatant IP theft has made it to the App Store does no-one any favours, not least SolverLabs (amusing strapline: “The world class software labs”—OHO!), who may find themselves minus one iOS dev account once Apple’s team lumbers into view.
I have no idea how Apple’s review process and teams are structured, but I have a theory that a lot of the blatant stuff that slips through gets in through smaller regions.
For example, registered Apple Developers in Vietnam (where a certain Ninja Turtles game with NES Contra assets recently came from), China (where several Super Mario games came from), and other nations submit apps that are – for localization/language reasons – reviewed by their regional Apple division. These review teams are probably smaller, and less aware of Western popular culture than those reviewers in Western Europe or North America.
So when something blatant gets through, it may not always be because some Western reviewer was asleep at the wheel (although I’m sure that is the case sometimes).
I don’t see it as Apple’s job to police IP. If it were to concern itself with that, it would need a bigger staff than the complaints department of Megadodo Publications, and still only manage to approve apps on a geological timeframe.
Approve apps that meet technical and, for want of a better term, taste standards, and let the IP creators raise concerns.