Keybol post on June 23, 2015 (acceptance of Apple's rejection)
Written by: keybol
Publication: Touch Arcade Forums
Date published: June 23, 2015
Ok it's definitely over, the big publisher I've worked before has confirmed to me that based on their experience, if it's Apple's Legal who made the verdict then the decision won't change even if they try to get a meeting with them. Below is my original post.
TL;DR
There won't be an iOS version, but Android version will still be released on July 23 and a bigger Steam version is in the works.
Thank you guys for the support and input! To those who have played the beta, thanks for trying out the game and providing feedback, they're great help.
===
GAME OVER
We're very sorry to announce Kill the Plumber won't be released to the App Store. The game is rejected because our app includes content or features that resemble a Super Mario Bros.
This is their reply:
Your app includes content or features that resemble a well-known third-party material, Super Mario Bros., without the necessary authorization.
But according to this rule, we did not violate any.
8.5 - Apps may not use protected third party material such as trademarks, copyrights, patents or violate 3rd party terms of use. Authorization to use such material must be provided upon request.
We've read and re-read the clause, we did "not use protected third party material such as trademarks, copyrights, patents or violate 3rd party terms of use."
We wrote an appeal to them.
=======
Hi,
Thank you for looking into our game. I would like to discuss some matters how our game Kill the Plumber is very different.
The game is in fair use and a derivative work or a parody with its own unique formula. No assets were stolen, the artist made the assets from scratch with his own style and vision and also the sound effects and music were composed by the audio engineers. No names were also mentioned or referenced anywhere in the game or description. Gameplay is very much different if you try it, we have very short one screen levels and the rules and controls constantly change.
We believe our app did not use protected third party material such as trademarks, copyrights, patents or violate 3rd party terms of use. I hope you can reconsider our game and proceed to review the app.
Thank you,
Bari
=======
They replied in timely fashion and we found hope. They said they will call in a matter of 3 business days. I prepared and waited for their call. I couldn't sleep because I am expecting their calls in the midnight, as I am from the Philippines. This morning they called and I thought I can defend our game.
It doesn't matter. We are just recipient of the doomed news. I asked what's the immediate fix, like replacing the icon and the screenshots. They said they're not allowed to answer my question. I asked what we have to change, like the red plumber should we replace it? They said we have to change everything, from the appearance to the functionality. Basically, we make another game? That's it. Emotional, I responded by mentioning other games like Lep's World and other clones of Clash of Clans, but right there and then I knew this is futile. Anything I say is meaningless as I am just to receive the bad news from a call. I wonder why a call, they could at least sent an email, the pain is just the same. Voiceless and I must admit, it hurts the indie soul in mine.
This game is what people wanted, what I wanted, the game is very very different. The people want and deserve original fun games, not Free to Play dumb games that are out there to take the money of unfortunate people with addiction problems. Our game were handcrafted and took hundreds of developers hours of talent to make. Our game is original and we will stand by it. Heck it even got nominated for Most Innovative Game. Yet we can't release it.
On Apple's platform that is. The Steam and Android (July 23) versions are still on their way. We will still fight for our right to get our game played.
===
TL;DR
There won't be an iOS version, but Android version will still be released on July 23 and a bigger Steam version is in the works.
Thank you guys for the support and input! To those who have played the beta, thanks for trying out the game and providing feedback, they're great help.
===
GAME OVER
We're very sorry to announce Kill the Plumber won't be released to the App Store. The game is rejected because our app includes content or features that resemble a Super Mario Bros.
This is their reply:
Your app includes content or features that resemble a well-known third-party material, Super Mario Bros., without the necessary authorization.
But according to this rule, we did not violate any.
8.5 - Apps may not use protected third party material such as trademarks, copyrights, patents or violate 3rd party terms of use. Authorization to use such material must be provided upon request.
We've read and re-read the clause, we did "not use protected third party material such as trademarks, copyrights, patents or violate 3rd party terms of use."
We wrote an appeal to them.
=======
Hi,
Thank you for looking into our game. I would like to discuss some matters how our game Kill the Plumber is very different.
The game is in fair use and a derivative work or a parody with its own unique formula. No assets were stolen, the artist made the assets from scratch with his own style and vision and also the sound effects and music were composed by the audio engineers. No names were also mentioned or referenced anywhere in the game or description. Gameplay is very much different if you try it, we have very short one screen levels and the rules and controls constantly change.
We believe our app did not use protected third party material such as trademarks, copyrights, patents or violate 3rd party terms of use. I hope you can reconsider our game and proceed to review the app.
Thank you,
Bari
=======
They replied in timely fashion and we found hope. They said they will call in a matter of 3 business days. I prepared and waited for their call. I couldn't sleep because I am expecting their calls in the midnight, as I am from the Philippines. This morning they called and I thought I can defend our game.
It doesn't matter. We are just recipient of the doomed news. I asked what's the immediate fix, like replacing the icon and the screenshots. They said they're not allowed to answer my question. I asked what we have to change, like the red plumber should we replace it? They said we have to change everything, from the appearance to the functionality. Basically, we make another game? That's it. Emotional, I responded by mentioning other games like Lep's World and other clones of Clash of Clans, but right there and then I knew this is futile. Anything I say is meaningless as I am just to receive the bad news from a call. I wonder why a call, they could at least sent an email, the pain is just the same. Voiceless and I must admit, it hurts the indie soul in mine.
This game is what people wanted, what I wanted, the game is very very different. The people want and deserve original fun games, not Free to Play dumb games that are out there to take the money of unfortunate people with addiction problems. Our game were handcrafted and took hundreds of developers hours of talent to make. Our game is original and we will stand by it. Heck it even got nominated for Most Innovative Game. Yet we can't release it.
On Apple's platform that is. The Steam and Android (July 23) versions are still on their way. We will still fight for our right to get our game played.
===