LCARS Mobile respects the rights of copyright holders only when they responsibly use the DMCA (Title 17 U.S.C.).

Requests pertaining to Title 17 U.S.C. § 512 (c) (3) (A) will be reviewed pursuant to strict adherance to, although not limited to, Fair Use (Title 17 U.S.C. § 107) and Safe Harbor (Title 17 U.S.C. § 512) statues.

Devin Serpa

P.O. Box 722 Oakley CA 94561
legal@devinserpa.com

The case for the Android App 'Tricorder' is a powerful example of the misuse of the DMCA because of the ignorance of the Fair Use statue.

The alleged infringement -

description_of_copyrighted_work: LCARS graphical user interface
location_of_copyrighted_work: LCARS graphical user interface, an example of which can be viewed at the URL below: http://itunes.apple.com/us/app/star-trek-padd/id446277240?mt=8
represented_copyright_holder: CBS Studios Inc.

The allegation of infringement is for the 'look' of the GUI. Not the Tricorder name, nor for the theoretical functionality of said device.

The Fair Use statute (Title 17 U.S.C. § 107), provides that a person may use works if:

(1) intentent is of nonprofit and/or educational purposes, or
(2) the amount and substantiality of the portion used is neglegable, or
(3) it is limited in scope of market, non-competing market

Tricorder meets all these factors.

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Response -

Under (Title 17 U.S.C. § 512), counter notification:

Subsection (g) (3) - Moonblink has the right to offer a counter notice to Google.
Subsection (g) (2) (B) - Google must remit to CBS notification that in 10 days they will place Tricorder back on the Market.
Subsection (g) (2) (C) - Google must place Tricorder back on the Market within 14 days or else they will be liable for removal on bad faith. UNLESS CBS within 14 days seeks action for a court order to restrain Moonblink for infringing rights under copyright law.

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Further Action -

I call on all Trekkies and Trekers to send requests to the Electronic Frontier Foundation to show your support for Tricorder.

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