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February 12, 2014

Update – Is Back – Themer hauled off Google Play – Apple copyright claim

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UPDATE:

For those who don’t know, some legal wrangling kept us off the Play store last week. But now we’re back. And really, dare we say it, better than ever. Above is Greenly, our top trending theme right now. It combines bold icons and a beautiful backdrop of green grass and tall trees. It has music controls, weather forecasts, a pull-out menu with access to your Smart Categories, and much more. Get it inThemer right now.

In today’s newsletter, we want to get serious for a minute and talk about an affliction that is sweeping the globe. Millions of people in every country, friends and family of loyal Themer users, are impacted, and we must do everything we can to eradicate the problem. It’s called Homescreen Envy, and someone you know or love is probably feeling it right now. Maybe it’s your brother or that guy looking over your shoulder in the coffee shop. They see your beautifully themed Android device and start to get jealous. Well, you can put an end to this terrible disorder. Just look at them and whisper, “Themer”… And then maybe explain in a bit more depth that they should open Play and install the app. Actually, just take their phone and do it for them.

The ever popular Android app Themer has gone, disappeared. The app was officially pulled on February 2nd due to Apple raising a copyright infringement complaint regarding one of the themes available for the app called Seven.

Seven really did look a lot like iOS, but the theme’s icons are what Apple says infringes on their copyright. As soon as they were made aware of the issue, the Themer team went to work and removed the infringing theme, in hopes that this would lead to a quick return to the Play store.

For those interested, you can read Google’s original letter to Themer below:

This is a notification that your application, Themer Beta, with package ID com.mycolorscreen.themer, has been removed from the Google Play Store.REASON FOR REMOVAL: Alleged copyright infringement (according to the terms of the Digital Millenium Copyright Act).

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. Please review the Developer Distribution Agreement and Content Policy to ensure that your applications are compliant with our policies.

The DMCA is a United States copyright law that provides guidelines for online service provider liability in case of copyright infringement. Click here for more information about the DMCA, and see http://www.google.com/dmca.html for the process that Google requires in order to make a DMCA complaint.

Google may reinstate your application into the Google Play Store upon receipt of a counter notification pursuant to sections 512(g)(2) and (3) of the DMCA. Click here for more information about the requirements of a counter notification and a link to a sample counter notification. If you have legal questions about this notification, you should retain your own legal counsel.Please note that we have included a text copy of the Infringement Notice we received for your reference.

The Google Play Team

The app will return, have no doubt about that but without the seven theme. We and many users will be looking forward to that day.

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Dave Thornton

Senior Editor

Senior Editor
Been involved in technology for many years, more than I care to remember. Live in Dundee, Scotland. I like Android, Windows Phone OS, BlackBerry OS and iOS, and love writing about all things techie. Currently have a Honor 6+, Elephone P6000, Nexus 5, Chrombook C720, HTC One M7, Nokia Lumina 625, Microsoft Lumia 435, Blackberry Q10, HTC Hero and iPad mini