Android Tricorder Killed By CBS | Hacker News Reader

Android Tricorder Killed By CBS

code.google.com

110 pointsbane48 comments

Historically, the Star Trek copyrights haven't been enforced very strongly. It's why they allowed so many fan projects to go ahead (and Star Trek has a great fan base). Maybe CBS got new lawyers who aren't familiar with 40 years of de facto policies?

(This isn't a trademark issue where CBS has to defend the trademark or risk losing it. It's a copyright issue; the reason the Tricorder app vanished is that CBS sent a DMCA takedown notice to its creator [Moonblink]).

> It's a copyright issue; the reason the Tricorder app vanished is that CBS sent a DMCA takedown notice to its creator [Moonblink]

That's incorrect -- CBS sent a DMCA takedown notice to Google, which took down the app and notified the author afterwards.

Ah, thanks for the correction.

Under this recent HN post http://news.ycombinator.com/item?id=2917761 is a discussion about how CBS is not supposed to be able to do that. Comments begin here: http://news.ycombinator.com/item?id=2918834

doesn't really explain much. One of the comment claims it's not copyrighted but why?

From what I understand, you can't copyright the name of a fictional device. You can trademark the name, but according to Trademarkia there are no active trademarks on it right now.

From TFA:

>It's apparently the graphical design that's at issue, not the name.

Graphical design is not copyrightable, although the images used in making it might be.

Even if there were design patents, the originals would likely have expired by now.

but copyright last a long time, Apple couldn't copyright their UI design so I guess this shouldn't be able to be copyrighted either but you never know.

For anyone who wants to check out the app, it is available for download at: http://download.cnet.com/Tricorder-for-Android/3000-20432_4-...

Given the recent controversy with cnet wrapping downloads with their own content, do you have another link?

I suspect the Cnet download wraps are only for Windows executables. This is the direct link to the Android APK file.

The source is still available:

    svn checkout http://moonblink.googlecode.com/svn/trunk/ moonblink-read-only

For those missing the irony, CNET is also a CBS property.

Either CBS is trying to attract Anonymous, or looking to increase pirated downloads of Star Trek-related works. Either way, I think they'll get positive outcomes from this action.

This might be an over-reaching DMCA request by CBS. I don't understand why he doesn't fill in the online form that's in the e-mail to say they're over-reaching. Just because there's a bunch of legalese involved doesn't mean it's not straightforward.

I can't remember where I saw it, but I distinctly remember reading recently that the LCARS interface isn't actually owned by CBS/Paramount/Whomever. It was a comment - on HN, IIRC - by the developer of a LCARS iPad app. I'll see if I can find it.

Edit: Found it. Relevant discussion here: https://news.ycombinator.com/item?id=2918834

Original link: http://code.google.com/p/moonblink/wiki/Tricorder

"Since I don't have legal weasels of my own, or the time to deal with this, that's it for Tricorder."

Why doesn't a fleet of open source lawyers exist? I mean, I know why it doesn't exist, but it seems like there could be a community of lawyers willing to help him out, or, at least, that one could be grown over the next few years.

I guess there is an issue that you can work on your pet software project in your free time, but you can't be working on a law case three hours a week.

Probably part of the reason things like the FSF and EFF came into existence, too.. i.e. if the tricorder app's author had assigned copyrights to the FSF this would not go down so quick I imagine.

There is a "fleet of open-source lawyers", but their time is limited. Like the ACLU and other pro-bono legal organizations, the FSF, EFF, and Software Freedom Law Center vet cases for potential impact in order to maximize available resources. Such organizations can't take every case that comes in the door, or they'd spend all their time on the legal minutiae of persons able but too cheap to hire a private lawyer. There has to be significant relevance attached to a case in order for the EFF, SFLC, or FSF to assist.

Would it be significantly relevant to set a precedent early on?

Possibly. Precedent for what?

It looks more like a failure in the system. It seems like it's been willfully hijacked with the purpose of pricing the common man out of being heard.

EFF have some 'weasels' that they sometimes lend out to worthwhile projects. Not sure they would take on this issue though.

Mr. Roddenberry must be turning in his grave...

And now that this app is pulled, Android users wouldn't be able to automatically measure the speed of rotation.

I'm sure the particles of his ash have some kind of rotation in their space journey.

They burned up in the atmosphere. http://en.wikipedia.org/wiki/Gene_Roddenberry#Death_and_lega...

They issued the takedown based on the graphical design? Seriously? I could see doing it based on the word "tricorder", or based on audio files, but did the Star Trek tricorder really have an interface like this one?

The LCARS interface is what this takedown hinged on. The name Tricorder is actually OK

Nope, actually it looks more like a PADD than any tricorder I remember seeing. But if the images were copied from a CBS property without permission I guess they might have a case anyway.

Maybe CBS is building a Tricorder app?

Yeah, right. And maybe CBS is developing a new TV series that doesn't feature 50-year-old white people.

Washed up actors are cheaper and come already pre-washed. :-)

Like their iPad app? http://itunes.apple.com/us/app/star-trek-padd/id446277240?mt...

So what do use to find tribbles now?

This is the biggest issue with App Stores, Marketplaces, etc.

This practice is extremely short sighted of Apple, Google and RIM.

This type of thing will only push more developers out of the boxes they are placed in so that they can have full control over the hardware consumers use.

It's funny how we fight this fight over-and-over again even when companies like Google have an air of openness.

This practice is extremely short sighted of Apple, Google and RIM.

What practice? Responding to a properly filed DMCA complaint by taking down the content?

You do realize that doing anything other than what they've done would be against the law, right? The law might suck, but it's not up to Google to decide not to abide by it just because they don't like it, they've got far too much on the line to mess around like that...

I think the point is he wants there to be lots of viable unofficial channels of distribution so that there is no central market to send a DMCA to in the first place.

"The practice" I'm referring to could have stated with a bit more clarity. Thanks for pointing this out.

I'm talking about the practice of creating a centralized app store.

Providing developers with a way to monetize and market their apps is important. However, creating an environment where one company has complete control over the hardware, operating system and development ecosystem results in issues like these.

The developer in the OP hasn't done anything other than pay homage to the style of Star Trek. However, when issued a DMCA takedown request, the app is blindly removed from circulation with no notice, no appeal process and no options. It's easier for one company with complete control to enforce arbitrary standards that result in the least amount of friction for them.

It also helps underscore exactly why allowing out-of-band installation is crucial.

He quotes the Wikipedia article on Tricorder: "The company was permitted to call this device a 'tricorder' because Gene Roddenberry's contract included a clause allowing any company able to create functioning technology to use the name."

First and formost, this is probably a case for "[citation needed]".

Secondly, my understanding is that this would apply to a physical device that actually did scan for medical, landscapes and engineering. Probably the reason behind the Tricorder X Prize. I don't really see this applying to a software application to show you your WiFi strength.

He wasn't sued for the name, he was sued for the LCARs interface. So it's a moot point anyways…

It does a little more than show Wifi signal strength. It wraps up all of the phone's sensors into a package that makes it feel like a multi-sensor package (tricorder).

e.g. the compass is a magnetic field sensor, the inertial sensors of the phone function as gravity sensors, the wifi signal meter and mobile network signal strength is an EM field strength meter, the camera might be a photon sensor, it can download sunspot reports, gps, the microphone is turned into a volume sensor etc.

It feels like the multi-sensor Star Trek device because of how the author wrapped it all up behind LCARS.

He also wasn't sued. He had a DMCA takedown request over his app sent to Google and has not the money or motivation to fight it.

Nor the path. Even if he lawyered up and fought back, Google would probably keep the app pulled until some kind of judgement, far in the future. As an iOS app developer, I'm currently facing something like this. Apple has clearly stated that if I cannot resolve the issue with the company that sent the DCMA takedown, they will pull the app. I have no obvious recourse short of a lengthy and costly legal battle.

It's not a trademark issue, it's a DMCA (copyright) issue. You can call it a tricorder if you want, but he can't use their visuals and sound effects without permission I guess.

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