Recently, the MediaMonkey Ringtone Maker was removed by Google from the app store and we received warnings that MediaMonkey and MediaMonkey Beta would be similarly removed if certain policy violations weren't resolved within 7 days. Furthermore, we were advised that our developer account might be cancelled in response to these violations. To avoid this possibility, we've removed all MediaMonkey products from the store on a (?hopefully) temporary basis. I'm writing this to better explain the situation in the hope that someone might be able to help us resolve this, that it'll help some other Android developer, or that someone at Google will read this and help rectify the situation for MediaMonkey and for Android devs in general.
Let me preface this by saying that I am a huge Android fan. I was an iPhone user for the first 2 iterations, but by the time Android 2.3 was out I'd switched to an Xperia Pro and never looked back. Android gave me the freedom to use my phone as I wanted--something I never felt I had with the iPhone, even after jailbreaking it. That openness is part of what inspired us to take a crack at building MediaMonkey for Android (MMA) rather than MediaMonkey for iOS. It was the right decision, though recent events have me wondering...
On Dec. 9, 2014, I modified the 'MediaMonkey Ringtone Maker' (a free addon that we'd packaged separately from MMA), changing the product icon that appears in the app Store. Upon publishing the change, we received an email from Google Play Support:
We elected to file an appeal, as it seemed that this was mistakenly generated by some sort of bot. I wrote (perhaps a bit naively):7-day Notification of Google Play Developer Terms Violation
This is a notification that your application, MediaMonkey Ringtone Maker, with package ID com.ventismedia.android.mediamonkeybeta.addon.contacts.ringtone, is currently in violation of our developer terms.
REASON FOR WARNING: Potential violation of the Impersonation or Deceptive behavior and/or intellectual property provisions of the Content Policy.
Your app and/or elements of its listing on Google Play, including title, description, icon(s), or promotional screenshots, have been flagged for potential unauthorized usage of protected works belonging to a third party. Protected work could typically include product names, brands, images, logos, music, and similar works. This is a policy warning of impending removal.
To achieve compliance, you must perform one of the following actions within 7 days, or your app will be permanently disabled:
1) Use our appeals form to provide verifiable and accepted proof that you have rights or license to utilize this content,
2) Make modifications to your app and/or its listing to bring it into compliance. To do so, remove any content that may be a protected work in your app and/or app listing.
3) Unpublish the listing from further availability on Google Play.
....
Google's response:I have no idea why this was flagged for a copyright violation. Ventis Media are the makers of MediaMonkey, one of the leading media management applications. The ringtone maker is a tiny addon application to MediaMonkey for Android that is packaged separately to minimize permissions required for MediaMonkey.
The only change that was made was to change the 'Hi-res icon' that appears in the App store because the previous iteration had insufficient contrast. The change involved overlaying the Phone Ring Volume icon (ic_action_ring_volume.png) from the Action Bar Icon Pack at https://developer.android.com/design/do ... index.html on the MediaMonkey icon. According to Google's terms of use for these icons: "You may use these materials without restriction to facilitate your app design and implementation."
If there is some other problem, please clarify.
Thank you.
At this point, I'm pulling my hair out--what do they want? Originally, the notification seemed to be IP-related, considering that it arose after I made the change to an icon. But now, they're asking for 'documentation that the application is authorized'. In any case I responded with the following document.Thank you for your reply. We appreciate the opportunity to review your appeal pertaining to the warning of your application from Google Play.
After a regular review, your app has been administratively warned pending verification that you are authorized to publish on behalf of the original content or brand owner.
We were not able to validate your account's relationship to the original content or brand owner. In order for us to process your appeal, please provide documentation that the application is authorized in your reply to this notification. Please be advised we will not be able to respond to your application without the above documentation.
We appreciate your assistance and look forward to your reply.
12/10/2014 Google answered:
But what does that initial warning mean (Potential violation of the Impersonation or Deceptive behavior and/or intellectual property provisions of the Content Policy)? Is the problem with code? with icons? with the text? Is it with Ventis owning rights to MediaMonkey? Whether I work for Ventis? I had no idea, so at that point I just reverted the change that precipitated the warning to begin with and notified them of that. I also asked them to check out the news announcement as evidence that I work for Ventis.We have reviewed your appeal. This decision is final and we will not be responding to any additional emails regarding this warning.
We are unable to comment further on the specific policy basis for this warning or provide guidance on bringing future versions of your app into policy compliance. Instead, please reference the warning in the initial notification email from Google Play.
No response. But, a week later, the MediaMonkey Ringtone Maker was still up, so I presumed that the problem was the icon and that reverting it solved the problem.
If only it were that simple.
Jan. 28, 2015: I update 'MediaMonkey for Android Beta' and soon after receive:
Now I'm really worried. This is no longer just a free addon. This is MediaMonkey. This is my life, my livelihood. I tried to get input from Google, to no avail. The team reviewed the app and the description top to bottom, and decided on the following changes:7-day Notification of Google Play Developer Terms Violation:
This is a notification that your application, MediaMonkey Beta, with package ID com.ventismedia.android.mediamonkeybeta, is currently in violation of our developer terms.
REASON FOR WARNING: Potential violation of the Impersonation or Deceptive behavior and/or intellectual property provisions of the Content Policy.
Your app and/or elements of its listing on Google Play, including title, description, icon(s), or promotional screenshots, have been flagged for potential unauthorized usage of protected works belonging to a third party. Protected work could typically include product names, brands, images, logos, music, and similar works. This is a policy warning of impending removal.
.....
1. Added the License to the ‘About’ dialog so that it is accessible at any time (not just at startup)
2. Updated the License with attribution for several newly added components + the Android SDK
• Android SDK
• Android icon packs - Creative Commons Attribution 2.5 Generic License
• https://github.com/bauerca/drag-sort-listview - Apache license 2.0
• https://github.com/cesards/ForegroundViews - Apache license 2.0
• Amazon Fire SDK - Program Materials License Agreement
3. Corrected license for http://4thline.org/projects/cling/ to indicate use of CDDL (not LGPL)
4. Removed the Amazon SDK from build of MediaMonkey for Android that appears in the Google Play store in case it violates section 3.4 of the terms of use:
“3.4 You agree that you will not take any actions that may cause or result in the fragmentation of Android, including but not limited to distributing, participating in the creation of, or promoting in any way a software development kit derived from the SDK.”
5. Replaced the UPnP icon (which had previously contained a copyrighted logo).
6. Modified the store description
• Made it unambiguously clear that it is the beta version of MediaMonkey and that it is a Trial limited to 15 days.
• Blurred copyrighted Album Art images and songs in case this was the root of the potential violation.
Feb. 3 We made those changes to MediaMonkey for Android Beta, and filed an appeal with the following documention.
To which Google responded:
2/5/2015 In the meantime, I'm looking into other possible reasons for the warnings, and find that some devs are experiencing violation notices because they mention Android in relation to violation of Branding Guidelines. When I find that out, I proceed to remove all mentions of Android and Google Play from the MediaMonkey Beta product description (e.g. Syncs between Android and Windows devices --changed to---> Syncs between your device and your PC). To play it safe, I make those changes to 'MediaMonkey' and 'MediaMonkey Ringtone Maker' as well.Thanks for getting in contact with Google Play. Your appeal has been submitted successfully and will be reviewed by a specialist. The ticket number for your appeal is referenced in the subject of this message, and you should receive a response from us within 72 hours.
Please refrain from sending duplicate appeals as this will not reduce response time.
Big mistake. Soon after making those changes to eliminate any potential branding violations, I received a notice that MediaMonkey Ringone Maker is suspended (no reason stated) and a second one that MediaMonkey is in violation of Intellectual Property provisions of the policy:
This is a notification that your application, MediaMonkey Ringtone Maker, with package ID com.ventismedia.android.mediamonkeybeta.addon.contacts.ringtone, has been removed from the Google Play Store.
REASON FOR SUSPENSION: Violation of the intellectual property and impersonation or deceptive behavior provisions of the Content Policy. Please refer to the IP infringement and impersonation policy help article for more information.
Your app and/or elements of its listing on Google Play, including title, description, logo(s), or promotional screenshots must not include unauthorized usage of protected works belonging to a third party.
Your app icon and promotional screenshots must not contain images that appear confusingly similar to existing products.
This particular app has been disabled as a policy strike. If your developer account is still in good standing, you may revise and upload a policy compliant version of this application as a new package name.
This notification also serves as notice for other apps in your catalog. You can avoid further app suspensions by immediately ensuring that no other apps in your catalog are in violation of (but not limited to) the above policy. Please also ensure your apps’ compliance with the Developer Distribution Agreement and Content Policy.
All violations are tracked. Serious or repeated violations of any nature will result in the termination of your developer account, and investigation and possible termination of related Google accounts. If your account is terminated, payments will cease and Google may recover the proceeds of any past sales and the cost of any associated fees (such as chargebacks and payment transaction fees) from you.
If you feel we have made this determination in error, you can visit the Google Play Help Center article for additional information regarding this suspension.
So now, MediaMonkey Ringtone Maker is suspended for no clear reason, MediaMonkey for Android Beta is under a 7-day Notification warning of of impending removal that is under appeal, and MediaMonkey for Android is under a 7-day Notification warning of impending removal that I'm not sure how to resolve nor whether an appeal makes any sense. MediaMonkey Pro hasn't received any warning, but is subject to "This notification also serves as notice for other apps in your catalog."This is a notification that your application, MediaMonkey, with package ID com.ventismedia.android.mediamonkey, is currently in violation of our developer terms.
REASON FOR WARNING: Potential violation of the Impersonation or Deceptive behavior and/or intellectual property provisions of the Content Policy.
Your app and/or elements of its listing on Google Play, including title, description, icon(s), or promotional screenshots, have been flagged for potential unauthorized usage of protected works belonging to a third party. Protected work could typically include product names, brands, images, logos, music, and similar works. This is a policy warning of impending removal.
To achieve compliance, you must perform one of the following actions within 7 days, or your app will be permanently disabled:
Use our appeals form to provide verifiable and accepted proof that you have rights or license to utilize this content,
Make modifications to your app and/or its listing to bring it into compliance. To do so, remove any content that may be a protected work in your app and/or app listing.
Unpublish the listing from further availability on Google Play.
For further guidance, please refer to this article for more information.
If you have additional apps in your catalog, please also review and update them to reach compliance. Note that any remaining applications found to be in violation will be removed from the Google Play Store.
The Google Play Team
And considering that "repeated violations of any nature will result in the termination of your developer account" and that 1 app has been suspended and 2 of 3 other apps are currently suspected of a violation, it seems that the only safe option is to unpublish everything until I find someone at Google who's willing to help me understand what the problem is.
The only other possible issues I can think of are:
- the package names all include 'android' within the name (e.g. com.ventismedia.android.mediamonkey ). But that seems unlikely considering that the app Titles don't include 'Android', that Google didn't reject those package names on creation, and that the Ringtone Maker was not suspended in December after I'd reverted the icon but didn't make a change to the package name.
- the account owner is not a director of the company (but has been authorized by a director to enter this relationship). Possible, but doubtful.
Could these be the problems? Who knows... someone at Google does. But so far they're unwilling to share the secret. I'll wait until the MediaMonkey Beta appeal has been completed and then decide how to move forward.
Let me know if you have any ideas. I'm at wits end.
Thanks.
-Rusty
UPDATES:
2/9/2015 Still no response re. our appeal for MediaMonkey Beta, filed on Feb. 3.
2/9/2015 In case the problem is related to the fact that 'android' appears within the package name, I've submitted the following to the google branding team:
They responded indicating that we should hear back within a week.Hi,
We've been distributing 4 products in Google Play: MediaMonkey, MediaMonkey beta, MediaMonkey Pro, MediaMonkey Ringtone Maker. All of them have package names containing 'android. e.g.
com.ventismedia.android.mediamonkey, com.ventismedia.android.mediamonkeybeta, com.ventismedia.android.mediamonkeypro, etc.
These names were chosen to internally distinguish MediaMonkey for Android vs Windows, OSX, etc.
Recently, we received warnings regarding IP Violations in 3 of the 4 products, and one of those products was suspended. Based on feedback from other developers (the Google Play Store doesn' t give reasons for suspensions), the problem because our screencaps contained images from 3rd-party Albums.
Can you confirm that it's ok that 'android' appears in the package name? We hope it's ok, because otherwise we'd have to rename the packages and lose stats / ratings, and most importantly, paid users of MediaMonkey Pro would lose their purchases on hardware upgrades.
Thx.
RS.
2/9/2015: We've filed the following appeal re. suspension of the MediaMonkey Ringtone Maker. If this fails, we'll have to launch a new version of the product.
2/9/2015: Google responded to the appeal of the suspension of the Ringtone maker, with a very clear and helpful response:We received a violation warning on 12/9/2014 following an icon update and responded with an appeal on the same day. Our appeal was rejected, most likely because it assumed that the violation was related to the icon update (which we now believe to not be the case).
Since we believed that the problem was related to the icon update, we then reverted it, and since we hadn't heard back from Google Play, assumed that the problem was solved.
On 1/28/2015 we received IP violation warnings for MediaMonkey and MediaMonkey Beta, which made us realize that the earlier warning was likely due to another issue (possibly the use of 'android' within the description or use of 3rd party album art in screen caps). As such, we started rectifying of our product descriptions, removing 'android' and blurring artwork. Apparently, this change triggered a review, and suspension of our app (MediaMonkey Ringtone Maker).
We are a reputable developer. Please allow us to make the remaining changes to bring our description into compliance.
Hi Russell,
Thank you for your reply. We appreciate the opportunity to review your appeal pertaining to the removal of your application from Google Play.
Your promotional screenshots uses one or more protected images belonging to a third party. If you are authorized to utilize this content, please attach verifiable and accepted proof of permission in your reply.
If you are not authorized to utilize this content, please respond to commit your intent to remove all unauthorized protected images from your app. Please note that this removal requirement will apply to all areas of your app and is not limited to the area(s) listed above.
Regards,
The Google Play Team
Hi,
Thank you so much for getting back to me with a clear and meaningful response.
Ventis is not authorized to use the Album Art that is displayed in the product description. We'd originally believed that the images were incidental to the app and qualified as fair use, and that the Violation notification was related to other issues. Upon realizing otherwise, we had begun the process of obfuscating the album art images for some of our products, but we will instead remove them entirely and replace them with landscape photographs taken by a member of the Ventis Media team. I'll do this for the entire MediaMonkey family of apps:
com.ventismedia.android.mediamonkeybeta.addon.contacts.ringtone
com.ventismedia.android.mediamonkey
com.ventismedia.android.mediamonkeybeta
com.ventismedia.android.mediamonkeypro
I'll leave all of our apps in the 'unpublished' state until we've made all of those changes.
Thank you.
Regards,
Russell
That was really quite helpful (though it would have been useful to have received an email of this nature from the very beginning to have prevented the entire misunderstanding).Hi Russell,
We appreciate the opportunity to review your appeal. Upon further review, we've accepted your appeal and have conditionally reinstated your app.
You will need to log in to your Google Play Developer Console within seven days to submit a compliant update. To prevent future removal, be sure to thoroughly review your update for compliance with Google Play Intellectual property guidelines. You can find more information in the initial enforcement notification from Google Play.
2/10/2015: We received a response from Google re. our request for clarification of branding guidelines as to whether 'android' in a package name is ok.:
Unfortunately, this isn't really helpful since the guidelines are vague to begin with.Hello Russell,
Thank you for contacting the Google Play Partner Brand Marketing team.
Make sure you are following all guidelines on the Android Developer Brand Guidelines page for the appropriate use of Android in text.
Use the Manage Policy Violations section on the Developer Help site to answer your questions and file an appeal if necessary.
Thank you,
Google Play Partner Brand team
2/11/2015: We've republished MediaMonkey, MediaMonkey Pro, MediaMonkey Beta, and MediaMonkey Ringtone Maker, having updated the screencaps (no images of 3rd party album art), updated widget samples included with MediaMonkey and MediaMonkey Beta (no images of 3rd party album art), updated UPnP icons, updated licenses, removed mention of 'Android' from the UI. Hopefully this story is over.