OotS being sold as part of iPhone, iPad app

[Kastanok]

After scoured the website for a contact email for Rich personally and coming up trumps (I assume because he likes it that way) and searching the forum for existing threads with no luck, I am using this method to bring a very important matter to the Giant's attention. I'd be surprised if he didn't already know but with no evidence to that end, well better safe than sorry.

The Order of the Stick online comic is being used by a third party to generate money for themselves.

As of 10th May, one Dale Zak has been selling the 'Web Comics' app for iPhone, iTouch and iPad via AppShopper.

Web Comics appears to gather "100+" webcomic RSS feeds and collate them with various 'share' options.

While some don't see a problem with this, as any RSS reader could in theory do that, the artists involve point out that the comics are their property to distribute how they wish. The key points are it was made to specifically target these webcomics without their owners' permissions, it was made for sale and using such an app draws readers away from the original websites, thus denying their creators much needed advertising revenue.

Though Zak claims (http://www.dalezak.ca/2010/05/web-comics-good-bad-and-ugly.html) to have since made it free then removed it from sale, as of this posting the AppShopper page remains advertising it for $1.99

- Web Comics application page (http://appshopper.com/entertainment/web-comics)
- AppShopper (http://appshopper.com/entertainment/web-comics)
- Dale Zak's twitter page (http://twitter.com/dalezak)
- Dale Zak's blog post about the reaction to Web Comics (http://www.dalezak.ca/2010/05/web-comics-good-bad-and-ugly.html)

[Gamerlord]

Nice job discovering this. Fortunately the app has been removed.

[The Glyphstone]

It's still purchasable for me...

[Mystic Muse]

Rich doesn't actually get Money from add revenue.

However, I don't know if this actually violates anything. The mods can elaborate I imagine.

You should PM them about this.

[Deatheater]

To contact Rich>contact at bottom of page
or link
http://www.giantitp.com/forums/sendmessage.php

check Contact Rich Berlew box

[1337 b4k4]

A link concerning the legalities of such an app:

http://www.stormingthetower.com/2010/05/web-comics-app-aftermath.html

I agree with the author of the link. To my understanding, if this app really was just an RSS aggregator, and there was no implications that the app was sponsored or endorsed by any of the comics (unless it was), then this app doesn't violate copyright.

[Kondziu]

While some don't see a problem with this, as any RSS reader could in theory do that, the artists involve point out that the comics are their property to distribute how they wish.
Yes, and authors did exercise that right by publishing RSS feeds. So what's the problem then?

[Darcy]

That's kind of what I figured. He's selling software which acts as a very specific RSS reader... it's not a great product but it's not violating copyright either. The comics aren't being "sold" as part of the app. The trademark thing is a good point, but there's nothing illegal about selling a piece of software that links you to content already being freely offered.

I do agree that the creator is a bit naive about the whole thing, but it's not as nefarious or as ignorant as some people are suggesting.

[Snake-Aes]

Yes, and authors did exercise that right by publishing RSS feeds. So what's the problem then?

Generally speaking, if you put up your intellectual property for free publishing, you don't want others selling it.

[Darcy]

He is not selling the comics. He is selling software that directs people to whatever the comics' creators have provided. If the only content in the RSS feed is "OOTS #722- May 10th 2010" then that's what shows up.

edit: Come to think of it, it seems his largest error was giving the impression in the product description that he was selling them.

[Shale]

My two cents: Provided it's not marketed specifically as an OotS reader, this isn't profiting from Rich's work any more than someone selling a Web browser would be.

[lesser_minion]

I would recommend you PM both The Giant and Rawhide, since they might want to take a look, but from what you've said, there is no reason why this should be an issue.

It's no different to making a site that subscribes to different webcomics, or an RSS reader that you have to pay for. It also doesn't deny ad revenue to sites that rely on it (since an advert can be embedded into a feed entry).

It could be worse, however, which is why I'd report it anyway - if it's hotlinking the comics into a feed coming from the app developer's website, then that would certainly be an issue.

The same goes if it's helping you to post pictures from the comic to somewhere else, instead of just links to the comic.

[NerfTW]

I think that two things should be kept in mind:


If you don't have the app, don't comment on it. You will invariably have the wrong idea.

This stuff should really just have been sent to Rich through a PM or to one of the mods. There's no reason for us to be debating what The Giant thinks is or isn't a violation, especially since nobody appears to have bought the app to verify what it actually is.

[lesser_minion]

If you don't have the app, don't comment on it. You will invariably have the wrong idea.

From the dev's claims and the accounts of people who have looked at the app, we do have a fair idea of what it's doing and how it works. Unless he's lying, which he has no reason to do.

However, I agree that it might have been better not to make a thread, and that it might have been better to let The Giant decide what he thinks himself.

[Darcy]

The link posted by 1337 b4k4 tells us exactly what it does and what it doesn't do, and also helpfully points out the legal issues surrounding it. I definitely suggest anyone concerned about it read that.

[Water-Smurf]

I'm going to avoid giving legal advice on the matter because I don't have a law degree, but if you want to do something about it, have you tried to PM the Giant or one of the Mods? Roland, maybe?

[The Giant]

I have already been made aware of it. Thank you.