Android Tricorder Killed By CBS

First time accepted submitter josn writes "Today I found out that Moonlight's Tricorder app, which I always install on Android devices, is gone. Google received a DMCA letter from CBS. I think it is a shame that CBS thinks it needs to kill a free and open source project giving a ad-less app. I, for one, sent a message to CBS explaining that this fan-supported app is not bad, but good for them, and asked them to reconsider. I hope, especially for the author, who must have spent a lot of time on this app, that they do."

Comments

Its the first app I install ... installed

[Anonymous Coward]

This sucks. Why? Corporate numptyness gone mad.

Re:Its the first app I install ... installed

[Jeremiah Cornelius]

CBS. What have they done, that is worth shitting on, in 30 years?

I say that a bunch of Anonymous types ought to buy microwave equipment and blast their Sat feed offline.

Re:Its the first app I install ... installed

[sarysa]

It's available on google code still. It's a little bit of a pain to build...I had to combine the HermitAndroid and HermitLibrary src into the Tricorder project, and then delete said libraries. (but I build with CLI, eclipse may end up being easy peasy) svn checkout http://moonblink.googlecode.com/svn/trunk moonblink-read-only As I'm not an anonymous coward, if I distributed the APK, would the DMCA trolls smash my head open?

Re:Its the first app I install ... installed

[sarysa]

Blah formatting. I was in such a rush I forgot to add some br's.

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

(remove the space...can't stop it from being turned into a link)

Re:Its the first app I install ... installed

[shadowfaxcrx]

Reminds me of when Paramount went full-moron back in the 90's and sent C&D letters to anyone so much as mentioning Star Trek on a website.

Re:Its the first app I install ... installed

[joe_frisch]

I wonder why CBS was so clueless? It was FREE ADVERTISING! Its not in a competing market . Everyone who gets this fun app, or shows it to their friends is reminding everyone of the Star Trek series and movies. Some (small, but not zero) number of those people will go home and rent or stream one of the shows.

It was a really fun app - and impressive for just how much the sensors on a modern phone can do.

Re:Its the first app I install ... installed

[gstrickler]

switch to "plain text" mode in your account settings. It's not really plain text, it's the same as HTML, but it auto adds a br tag where you add line breaks. You still have all the html formatting options, you just don't have to manually add break tags

Re:Its the first app I install ... installed

[Anonymous Coward]

"CBS. What have they done,..."

To quote an actual robot skeleton: CBS cares!

Re:Its the first app I install ... installed

[PyroMosh]

Maybe they want to release their own app?

Re:Its the first app I install ... installed

[Zancarius]

CBS. What have they done, that is worth shitting on, in 30 years?

You know, this made me laugh, and I got to thinking... the message CBS is sending seems counter to the underlying motif that ties most Star Trek episodes together.

Now, I'll confess: I'm no Trekkie, and it's been YEARS since I've even watched a single episode, but IIRC, TNG pushed an idea of a near utopian society with no money (actually, just cross-referenced with Wikipedia, but I seem to remember this from an episode or two). So CBS claims to own rights to a TV series whose very premise is counter to precisely this sort of legal threat.

Also, perhaps as sad as it is entertaining, CBS is squelching a genuinely useful tool that could feasible inspire certain almost-but-not-quite technologies from fictional shows like Star Trek. Indeed, it seems to me that a fairly important reason why we'll never see a Star Trek-like reality come to fruition is because of what CBS has done. Killing off an app because it competes with a similar (and admittedly awful) product that they're producing? Killing off an app because theirs serves as a mere wrapper around the fictional IP of the show, yet the app they did kill has some useful, redeeming value that could play a part of such a reality? Yeah, good job, CBS. As an American, I'm ashamed to say that greedy corporations like this are going to be the death knell of the US economy--more so than they have already.

Patent and trademark law fosters innovation? Hah!

Anyway, I have two ideas. One, someone should write a letter to CBS suggesting that they actually watch the content of the programs to which they own rights. If they don't feel inspired afterwards, then they should collectively resign and take a very long walk off a very short pier. Two, I wonder what they'd do if this app were mirrored in a gazillion locations? Can't send DMCA notices to everyone, now, can they?

Re:Its the first app I install ... installed

[mwvdlee]

Well, ever since they stopped the Star Trek series, it's still been going on in the minds of fans.
The only chance CBS has of truely killing this brand is by making sure it isn't referenced anywhere.
It's the only way to ensure they will fail when they will inevitably try to resurrect the Star Trek franchise.

Re:Its the first app I install ... installed

[Anonymous Coward]

Patent and Trademark law DOES foster innovation. I mean just like American stealing the IP to the Cotton Gin from Britain, where would China be if they hadn't been able to Steal the IP to Mickey Mouse in order to spit cheat knockoff toys and stuffed animals out to various small chinatown shops all over the world! (This is just a hypothetical example based off a complaint I'd heard made by Disney years ago in an attempt to get copyright law extended.)

The central problem of this being that the country enforcing the IP restrictions ruins itself while allowing another *TRUE* free market society to come in, shit all over their bureaucratic mess and beat them to market with items people actually want rather than the misinformed items that the original people were trying to force people to buy.

Case in point, this app versus the iApp.

Re:Its the first app I install ... installed

[Teancum]

What CBS doesn't want to have happen here is to get this whole thing to backfire in a legal sense as well. I don't think this particular group making the tricorder app is claiming that it is official "Star Trek" merchandise implying some sort of branding and official sanctioning from CBS/Paramount Studios. It also demonstrates a profound lack of understanding of trademark law as well.... other than one teeny tiny part which is that trademarks must be enforced or lost.

Star Trek is clearly a brand, and it is important to note that proper trademarks are adjectives and not nouns. There are "Band-aid" bandages and "Coca-Cola" soft drinks which you can clearly identify what is the brand, and there is certainly a useful role for these trademarks to play in terms of identifying an organization which makes these products where the brand differentiates the quality of components, ingredients, distribution, and a great many other factors included in legitimate trade. Claiming to be producing a product under that brand when you are in fact not that organization damages trade because you can potentially tarnish the reputation of that brand and certainly are riding on the coattails of that organization pretending you are something you really aren't.

On the other hand, in the case of a tricorder, it is a noun, not an adjective. You can have an "Apple" tricorder, or an "HP" tricorder, where the branding is the organization making the device. In the case of the movies, you have a "Star Trek" tricorder, where everybody knows what you are talking about even though it is fiction. There is already a legal precedent for this in terms of several previous trademarks where this exact thing happened, and courts ruled that the trademarks were made "generic" because of their widespread usage in this manner. Two that come to mind where even trademark enforcement was even done are "aspirin" (formerly owned by Bayer AG) and "elevator" (formerly owned by the Otis Elevator Company). I can easily see this happening in the case of tricorder on the same grounds.

CBS/Paramount's claim to a trademark is further weakened by the fact that they really don't produce a device or product using the trademark. About the only exception I can think of are some licensed toys which are also branded with the name "Star Trek" or using the term "Star Trek tricorder", only pounding home the lack of an actual brand here. In the case of the elevator and aspirin, there were at least products being produced by the respective companies which were released to the general public and being used in general trade.... yet even there they lost the trademark usage.

This is a situation where the DMCA might even backfire on CBS as well, as the network service or app store which takes the product down must also respond to a counter-claim where the app must be restored on their service. Failure to restore the app in this case could strip them of the "common carrier" status and besides is a part of the same DMCA law. This backfires for CBS as it forces their hand to instead proceed to an actual lawsuit in order enforce the trademark.

The question here is if the developers of this app really want to stick their necks out on a copyright infringement lawsuit, where there is the possibility that they could lose? I think they have a pretty strong case here that the term "tricorder" is a generic term, but all they have is a strong legal defense and not a proven legal fact. It is something I would likely donate a few bucks to in terms of a legal defense fund, but I'm an outsider looking in with this situation. I really don't know what I would do in this situation if I were one of the developers.... although I certainly would have thought about this issue a long time ago that by using the term "tricorder" that this could have been a real possibility. The ethical thing here is to fight CBS, and in the long run it would help out many other people by establishing yet again a legal precedent which would be beneficial if the term "tricorder" was made generic.

Then again, CBS might just avoid the whole hassle if these guys are polite and seek a license of the term. That would save the expense of a lawsuit, even if it kicks the issue down the road for the next abuse of trademark law like this.

Re:Its the first app I install ... installed

[Anonymous Coward]

Thanks you very much for this. There was a command and link last night using git but I couldn't get that to work. This seems to have downloaded an amazing amount of stuff. Now I have to load the software development environment for it but will be glad to do so.

This may become the DeCSS of our decade.

Re:Its the first app I install ... installed

[ppanon]

That would be my guess. There is a Tricorder app for iOS. A friend showed it to me the other day. It costs $0.99 and, in comparison to the Android app, it sucks massively. But maybe they pay off CBS and are planning an Android port. I won't be buying it.

Re:Its the first app I install ... installed

[Anonymous Coward]

I gave up trying using the command line and installed Eclipse just for this, and yes that does make it very easy.

Lame!

[barlevg]

I love that app. Does anyone know, for those of us who still have it installed, Android App Market doesn't automatically uninstall apps without user permission (like they'll remove books from the Kindle) in cases like this, do they?

Re:Lame!

[Manos_Of_Fate]

Like Apple, they have the ability, but IIRC the only circumstances under which it has been used were to remove malware that made its way into the Andriod store.

Re:Lame!

[Artifex]

No, but last night I had it installed when I wiped & installed a later ROM. When it got through auto-reinstalling my backed up apps from Market, Tricorder was no longer there :(

Just goes to show, ya gotta back up your software locally (In this case, the .apks); can't trust a vendor to store it for you.

Re:Lame!

[RobbieThe1st]

*sigh* I've been saying this for a long time.
This is why you shouldn't use other companies to store your files, unless you locally encrypt it first - don't want a rogue DCMA taking down your files, now, do you?
You should also keep multiple local copies, just in case. It's always worth it.

Re:Lame!

[Anonymous Coward]

Sorry, but I don't think it is lame.

Actually, I believe, it goes much further in the lameness dimension and reaches the "outrageous" milestone.

Not because I'm denying anyone the owned copyright... but do ponder for a minute what do you have... No, what do you really have as a cultural trait of your own?

You couldn't sing "Happy Birthday", now some fictional story shows up for, say, almost 50 years and you're still not entitled to use it as public culture. What next, copyrights for jokes? "We want to laugh, but we were C&Ded"

I don't think the "tricorder" thing is so serious; but not owning even a meme -- that is very worrisome. Combine that with intellectual property ("you're free to think whatever you want, except this idea, which is ours") and you start to have a less pleasant world to live in.

It's 1984 for real this time, with Fahrenheit 451 added for good measure.

Re:Lame!

[nbetcher]

No. It does not. Also, you can still install the Tricorder app by finding the APK on the web, checking 'Unknown Sources' (Settings->Applications), then issuing: 'adb install tricorder.apk' while your phone is connected to a PC that has the ADB drivers installed. Otherwise you can download the APK to your phone and use Astro Filemanager to install it.

Re:Lame!

[Anonymous Coward]

I make multiple copies of all my local files and directories. All that duplication really starts to take up space once you get 5-6 levels down into the tree though. I once had a file 7 directories down. I had 2187 copies of that thing laying around!

Re:Lame!

[JesusFreke]

"Unknown Sources" has nothing to do with using adb install. It will work whether or not you have "Unknown Sources" checked or not. That is only if you want to allow other applications on the device to install applications e.g. allow the browser to install an apk that it downloaded, or allow a third party market application to install an application.

Re:Lame!

[Zen Punk]

I think you're doing it wrong.

Re:Lame!

[stephanruby]

It only does remote uninstalls in case of active malware (that got installed through the Market). Just to be safe thought, if I were you, I'd root my phone and backup the app with Titanium Backup (their free version is enough).

I don't ever expect Google to turn themselves into Amazon, it would be a stupid PR move on their part, but if there is ever a court order ordering them to do a mass remote uninstall, I don't expect them to refuse such an order.

Re:Lame!

[Anonymous Coward]

But side-loading is a lot cooler than "installing" and you don't need to learn to use those old-fashioned "mouse" and "keyboard" things to do it!

Re:Lame!

[tlhIngan]

Just goes to show, ya gotta back up your software locally (In this case, the .apks); can't trust a vendor to store it for you.

Probably one of my biggest beefs with Android is just that. The "cloud backup" crap doesn't work (the apps I have on my Market account is missing a bunch of apps).

It's one of the things I really do like about iTunes - you connect your phone to iTunes, iTunes backs up app data and apps themselves to your hard drive.

And no, I won't trust iCloud either - as long as iTunes doesn't lose the backup capability, I'll continue to use it as a way to do local backups. (And being able to download huge apps is far better to do it on a PC and sync it over rather than try to do it on the device over WiFi... never got that bit of Android - are you expected to keep your phone on to download 1GB+ apps?)

Yeah, I know on Android I can use Titanium Backup, but geez, this is a basic function Android should have already out of the bat. My experience has shown the place where phones die is at the worst possible time.

Re:Lame!

[Anonymous Coward]

Holy unnecessary steps, Batman!

Put APK on your SDCard. Open "My Files", click on "tricorder.apk" and it installs.

nothing else.

Re:Lame!

[mr100percent]

Fortunately, the iCloud betas from Apple allow you to download apps that were even yanked from the App Store, provided you already purchased them.

Re:Lame!

[thesh0ck]

side-loading means installing it without using googles market app to track it. Some phones do not allow this without being rooted and then altered to allow side loading.

Re:Lame!

[Anonymous Coward]

Pretty sure Amazon put a stop to deleting books off of Kindles. Even when they probably should. I accidentally bought a book on my Kindle the other day and had it refunded. After they processed the refund they sent me an email telling me to remove the book from my device, but never took it off themselves.

Re:Lame!

[NoNonAlphaCharsHere]

I once had a symbolic link to a great-grandparent directory. I have an infinite number of backups of it.

Re:Lame!

[syousef]

Unlike Apple, it can be side-loaded on Android.

So putting it back is back-side-loading? I'm pretty sure Apple have been doing that for years to their customers! I'm confused.

Re:Lame!

[Easy2RememberNick]

They must, I had it and just looked when I read this story and it's not on my phone anymore. I hate that! Time to root.

Re:Lame!

[unikorn]

It is still available for download at CNet. http://download.cnet.com/Tricorder-for-Android/3000-20432_4-75025147.html

Re:Lame!

[Anonymous Coward]

That's why you should use Titanium Backup or similar.

Re:Lame!

[Nyder]

No, but last night I had it installed when I wiped & installed a later ROM. When it got through auto-reinstalling my backed up apps from Market, Tricorder was no longer there :(

Just goes to show, ya gotta back up your software locally (In this case, the .apks); can't trust a vendor to store it for you.

Wow, such insight.

No wonder you have a low UID.

How much did you buy it for?

Re:Lame!

[coolmadsi]

I still have it, although I installed it through F-Droid as opposed to the Android Market.

It is still there, for anyone who doesn't have it: http://f-droid.org/repository/browse/?fdid=org.hermit.tricorder

Re:Lame!

[coolmadsi]

I still have it, although I installed it through F-Droid (Open source android market), where it is still avaliable: http://f-droid.org/repository/browse/?fdid=org.hermit.tricorder

Re:Lame!

[InsertCleverUsername]

THANKS!

My stupid Droid X crashed hard and needed a factory reset last week. I had no idea the Tricorder had even gone missing.

"...a add-less app..." Really?

[steevven1]

Come on, editors... "an adless app" or "an ad-less app" would have been okay, but this?

Re:"...a add-less app..." Really?

[scarboni888]

No it's spelled right - the tricorder app is known for only being able to perform subtraction operations. :)

Re:"...a add-less app..." Really?

[Paradise Pete]

You ask too much. They didn't even get the developer's name right, and yet we should expect that much attention to detail?

Re:"...a add-less app..." Really?

[lazlo]

Either that, or it's an ADD-less app that isn't easily distracted.

Or maybe it *does* add, but it adds less.

Re:"...a add-less app..." Really?

[trekkielp]

Old, old, old, tech story. But I had a boss, once, who told me that he had once worked on a computer known as the CADET. Boss explained that the name was actually an acronym, for "Can't Add Doesn't Even Try". Apparently, the system lacked a hardware addition operation, instead using a ROM-stored addition table to perform addition.

Damn it Jim...

[fahrbot-bot]

...I'm a doctor, not a copyright lawyer.

Re:Damn it Jim...

[Anonymous Coward]

or a trademark lawyer...

Re:Damn it Jim...

[Anonymous Coward]

...I'm a doctor, not a copyright lawyer.

Then at least you perform a useful function, instead of being a parasite on society...

Re:Damn it Jim...

[thesh0ck]

IANAC/TL

And now

[geekoid]

we see the power of the android system.

I can still load the app from other sources.

Re:And now

[Anonymous Coward]

Gotta love Android

http://www.getjar.com/mobile/150397/tricorder-by-moonblink-for-google-nexus-s

Re:And now

[thegarbz]

And more importantly I just backed up the .apk file so next time I flash my phone I can still re-install the program.

Re:And now

[geekoid]

I wonder if we can find the source? I suppose I could decompile. hmm.

Re:And now

[larry bagina]

You could follow the link in the summary. Tip: code.google.com.

Re:And now

[maxume]

At the moment, they appear to be carefully hidden in the moonblink Google Code svn.

Re:And now

[Badaro]

Enjoy: http://code.google.com/p/moonblink/source/browse/#svn%2Ftrunk%2FTricorder

Re:And now

[Anonymous Coward]

Mirror plz?

Re:And now

[Haedrian]

Visit Site
Get code, visit site on mobile
Download their own webstore...

I think its much faster to compile from source...

Re:And now

[Anonymous Coward]

Care to upload it to rapidshare and provide a link?

Re:And now

[Anonymous Coward]

Source code is not something to be decompiled, and if you thought that, I doubt you are able to even compile it.

For information about what it was

[Necroman]

A little googling turn up this. Looks like it would have been fun to play with.

Re:For information about what it was

[element-o.p.]

Once you get past the geek-factor -- and it's considerable -- the tricorder app actually is kind of cool. It wraps several useful functions into a single app, and they all work rather well. I wish the accelerometer would display in some kind of useful unit, rather than a generic graph, and I wish it had some kind of a peak indicator, but even as it is, it was a useful app.

Damn

[confused one]

It's going to be a real problem when the Klingons show up for real, and claim ownership of that name and then hold the entire planet responsible for violating the trademark.

Re:Damn

[GoodNewsJimDotCom]

I'd pay to see Klingons vs MPAA. The Klingons fight hard, but the MPAA fight dirty and have lots of money.

Re:Damn

[dstar]

Yes, but the Klingons have photon torpedoes.

Re:Damn

[Chris Mattern]

Yes, but the Klingons have photon torpedoes.

No they don't; they have disruptors.

Re:Damn

[iluvcapra]

Klingon cruisers are definitely equipped with photon torpedoes in-canon; they use they against V'Ger in ST:TMP. Birds of Prey fire torpedoes in ST6. It is a cloaked Bird of Prey that fires while cloaked, so its possible previous variations were different; Christopher Lloyd'd (Kruge's) ship in ST3 destroyed the Grissom with an undisclosed weapon that were probably disruptors, though later, after being damaged it alternates and fires what are almost definitely torpedoes.

Re:Damn

[Commontwist]

Substitute Ferengi (fused with tribble DNA) for MPAA and that should help the conceptualization.

Re:Damn

[Anonymous Coward]

Billy, your mother says it's time to come up stairs and set the table for dinner.
Also we need to have a little talk about you getting fired from yet another job...
You're 35 years old and it's about gosh darn time you start being responsible.
Did you even cut the grass yet? You know how my back gets when I mow.

Re:Damn

[Christof_Deluca]

And my Bat'leth!

Re:Another reason not to develop android apps

[Anonymous Coward]

As if a stupid little app that just looks like a Star Trek tricorder doesn't qualify as "complete shit". Whoever developed that ought to be using their time on more productive pursuits.

Petetion

[bigsexyjoe]

This is the kind of annoying thing the lawyers just automatically do. I think a petition campaign might be effective in this case. If the app doesn't harm them, annoying geeks does, they might reconsider.

Re:Petetion

[Pastis]

I agree.

I would have paid one dollar for the app. Maybe CBS wants to reconsider instead, contract the developper to modify the app. If they keep the open source version, they could have a different theme for the OSS one.

Win-win ?

I haven't found a petition. Is there one ?

Re:Petetion

[JockTroll]

Petition? Against a juggernaut like CBS? Don't make me laugh. They'll simply hit the DELETE key. Money says they're right. Their lawyers say they're right. You can't even get close to them. They do not, and will not, care for your tantrums.

Not Again

[Squiffy]

I'm so sick of this bullshit I could just scream.

Re:Not Again

[Anonymous Coward]

I agree.

Computer - End Program.

Re:Not Again

[IceNinjaNine]

You don't have to.

Re:Not Again

[PyroMosh]

They created a neat application that does cool stuff.

But they themed it in a way that borrowed heavily from someone else's work.

That's okay if the someone else approves and gives you permission.

But that someone else got upset.

They can still have a sensor-machine app, but the Star Trek ties are the issue.

Ideally he they would work with CBS, and they'd have a better product for it. But if CBS doesn't want to play ball, why should they have to? Perhaps they want to release their own version of the app?

Re:Not Again

[FxChiP]

I have two problems with what you're saying:

1.) Moonblink's Tricorder app was neither made nor intended to divert profits or attention away from the Star Trek franchise/collection of works. In fact, it was written in homage to the series, and it's really hard to imagine how it could even unintentionally harm CBS in any way, shape or form, especially given that the app (and the part of Star Trek it's emulating) is fairly trivial. It was basically harmless. CBS squelching it seems more out of spite or misguided self-preservation than anything else.
2.) What if CBS doesn't make a Tricorder app -- or doesn't even intend to? If CBS can't produce or deliver something which a lot of people enjoy (or so it seems), and a fan of the franchise can and does, why should CBS actively prevent the fan from doing so? If they can't do it (and don't even want to), no one can? That seems awfully childish. Especially considering -- and I'm repeating myself here -- the Tricorder app posed absolutely no threat to the brand, and may have even earned it a tiny bit of recognition. It never purported to be official, authentic, or representative of CBS in any way, shape or form (actually, I think it purported to not represent CBS at all).

This isn't piracy. This is an original creation that bore a mere cosmetic resemblance to certain elements of a fictional universe and was not released for a profit -- additionally, its source code is freely and publicly available. There was no real or even potential harm being done to CBS, Star Trek, or anything related, as far as I can see. Why should CBS be acting against things that do it no harm? Is there something I'm missing?

Re:Not Again

[Lemming Mark]

I'm actually surprised by the reaction since I was under the impression that rights holders for Star Trek (and Star Wars also!) had generally had a policy (possibly even officially) of tolerating fan-made stuff and even fan reuses of their copyright materials within reason. I'd not have expected the tricorder app to be any worse than other stuff that's gone by - but others have mentioned that there are multiple rights holders on Star Trek stuff, so maybe some new people are involved now...

Re:Not Again

[kpoole55]

The only thing you're missing is that we live in a world where the lawyers, in order to justify their positions and salaries (both undeserved), go out of their way to find things to create legal matters about. As said, the app was, if anything, a wonderful homage to Star Trek, didn't detract from the series, gave the fans a little bit of something that they associated with Star Trek to carry around in their pocket and (pay attention CBS) kept the Star Trek franchise front and centre in some people's minds.

There was the suggestions to create a Steampunk version of the app. If done so and themed on Agatha Hetrodyne, Girl Genius, (Look it up, it's a real winner (Hugos, three years running)) I doubt you'd find Phil Foglio issuing take down notices. He knows a good bit of PR and free advertising when he sees it.

(sorry, if I just got you slashdotted, Phil.)

Re:Not Again

[PyroMosh]

If I have a big back yard, and the neighbor's kids want to camp out on it, it's probably not hurting me. But I'd still like to be asked before they just go ahead and do it.

It's not about if it's harming them or not. It's just the fact that they never asked, they just went ahead and did it. I wouldn't have reacted this way if I were calling the shots at CBS, but it *is* CBS' call to make. Regardless of if I agree with it or not.

The nice thing to do would be to give the authors permission to continue the project. But they're not under any obligation to do the nice thing.

If I were the author of the app, I'd re-skin it to not be star trek themed any more and call it the "not-a-tri-corder", the "quad-corder" or the "CBS-sucks-corder". Nobody's stopping them from continuing in that way.

Re:Another reason not to develop android apps

[ColdWetDog]

As if a stupid little app that just looks like a Star Trek tricorder doesn't qualify as "complete shit". Whoever developed that ought to be using their time on more productive pursuits.

Like what? Posting on Slashdot?

Just sayin'

Source code

[Anonymous Coward]

Source code is still available in his google code repository: http://code.google.com/p/moonblink/source/browse/#svn%2Ftrunk%2FTricorder

Looks like they took down most of them....

[NeutronCowboy]

I can only find one tricorder app on the Android market. And the one I have installed has gone missing. At least they didn't remotely remove it.

Meh, hopefully they can bring them back with a similar name. Quadcorder maybe?

Re:Looks like they took down most of them....

[geekoid]

It's not the name, it's the style of the images.

Re:Looks like they took down most of them....

[Psion]

Actually, it isn't the name "tricorder" that's at issue here. According to the original text, Roddenberry himself said anyone who could produce a functional equivalent was allowed to use the name "Tricorder" ... the problem is the use of an interface that mimics the LCARS user interface from later Star Trek shows. Tweak the look and I bet he'd still be able to get away with calling it a tricorder.

Re:Looks like they took down most of them....

[One Louder]

But that would be covered by a *design patent* not a copyright. Copyright covers *specific* creative works - I don't see how this app could violate a copyright unless it included *specific* elements owned by CBS, such as sounds and images. Just putting rounded rectangles on the screen should not be enough to trigger a copyright takedown since CBS would need to point to the specific original work that was copied. LCARs itself cannot be copyrighted - the name can be trademarked, and certain design elements could be patented.

Re:Looks like they took down most of them....

[Anonymous Coward]

But that would be covered by a *design patent* not a copyright. Copyright covers *specific* creative works - I don't see how this app could violate a copyright unless it included *specific* elements owned by CBS, such as sounds and images. Just putting rounded rectangles on the screen should not be enough to trigger a copyright takedown since CBS would need to point to the specific original work that was copied. LCARs itself cannot be copyrighted - the name can be trademarked, and certain design elements could be patented.

Technically, you're probably right. But, one single guy crunching out his own code and giving it away for free can't afford to hire a lawyer to defend himself (even if he's in the right) - especially against a corporate behemoth. They threaten - he folds. It's that simple. Let's just hope Anonymous' next target is CBS.

Re:Looks like they took down most of them....

[tebee]

Design patents are only valid for 14 years, so would have expired now.

Re:Looks like they took down most of them....

[JockTroll]

Roddenberry himself said

Roddenberry is dead. He can't say anything anymore. He can't pay a lawyer to say anything. Seriously, in a world where contracts are renegotiated on a daily bases to favor the richer, do you believe a corpse's empty words count for anything?

Re:Looks like they took down most of them....

[Anonymous Coward]

Hum, isn't there no way to legally take action against someone for graphical designs, unless copied directly?

Re:Looks like they took down most of them....

[Anonymous Coward]

Or perhaps a FuckCBSCorder

Don't let them kill it

[the_Bionic_lemming]

http://www.mediafire.com/?nex1dcidhb8t886

I don't have an android yet - and I certainly do not support CBS.

Trademark

[Enderandrew]

Does CBS even own a Star Trek trademark? Isn't that owned by Paramount/Viacom?

And I get that you need to defend trademarks, but I don't know that a tricorder app violates that. JJ Abrams is in no hurry on the next Star Trek movie. There is no TV show on the air. Keeping fans thinking about Star Trek with little things like this only adds value to the property on the whole.

Re:Trademark

[DiabolicallyRandom]

Corporate ownership ----- At Star Trek's creation, Norway Productions, Roddenberry's production company, shared ownership with Desilu and, after Gulf+Western acquired Desilu in 1967, with Paramount Pictures, the conglomerate's film studio. Paramount did not want to own the unsuccessful show; net profit was to be shared between Norway, Desilu/Paramount, Shatner, and NBC but Star Trek lost money, and the studio did not expect to syndicate it. In 1970 Paramount offered to sell all rights to Star Trek to Roddenberry, but he could not afford the $150,000 ($848,000 today) price. In 1989 Gulf+Western renamed itself as Paramount Communications, and in 1994 merged with Viacom.[70]:218,220,223 In 2005 Viacom divided into CBS Corporation, whose CBS Television Studios subsidiary retained the Star Trek brand, and Viacom, whose Paramount Pictures subsidiary retained the Star Trek film library and rights to make additional films.[71]

Source: http://en.wikipedia.org/wiki/Star_Trek (bottom of page, which has original sources)

Re:Trademark

[One Louder]

If it's about the trademark, why file for a DMCA takedown, since that's for copyrights, not trademarks.

Re:Trademark

[Anonymous Coward]

Except for the rights to distribute the shows and movies on DVD CBS took over all the other rights to the Star Trek franchise from Paramount in 2006. (stated in the Star Trek entry in Wikipedia) Likely one of them bought the other out or some such thing that goes on these days. Eventually, everything will be owned by some very Ferengi-like characters sitting in a back room chuckling about writing a new book called the Rules of Acquisition as if it were an idea they came up with.

I quite agree that it was nice having a little bit of Star Trek in my pocket that I could actually use. I notice, however, that CBS have, on their StarTrek.com webpage, an official LCARS formatted PADD app for the iPad for $4.99. Of course, all it has is a collection of trivia about the shows, movies, characters and such. Nothing as useful as the tricorder app.

(hold on. I was entering this comment as "anonymous coward". I should add a number of four-lettered adjectives about CBS, lawyers, the DMCA, squashing fair use, alienating the fan base and various other things that disturb me about our modern, overly litigious society.

Ah, well, too late now. :-)

Re:Trademark

[Farmer Tim]

When all you have is a hammer every problem looks like a nail.

Corollary: when your problem is a lawyer, a hammer is just fine.

Re:Trademark

[shentino]

Because a DMCA takedown is big and scary and has the advantage of FORCING the service provider to comply even if it's bullshit.

If the DMCA doesn't apply against the developer all he has to do is send a counter-notice.

Unfortunately doing that invites CBS to sue him, so he caved.

Damned if the do damned if they don't

[Anonymous Coward]

Everyone always thinks it's an evil corporation trying to spoil fun but there's a fundamental reason. If they don't defend trademarks and copyrights then other corporations can use the names to sell products. What's to stop Apple or Microsoft from releasing a new PDA or tablet computer called a "Tricorder"? They can say CBS failed to enforce the trademark so it no longer applies. What if the device sucks and the name Tricorder takes on negative image or worse yet becomes a bad joke? Then their trademark overall is damaged and it wasn't even from a product they produced. Trademarks are like left over budget money, use it or loose it or in this can enforce it. Change the law so they don't have to enforce every instance and create a system where freeware and small providers can ask to use the name and maybe things would be different.

Re:Damned if the do damned if they don't

[0123456]

What's to stop Apple or Microsoft from releasing a new PDA or tablet computer called a "Tricorder"?

Where do I buy a CBS Tricorder?

Re:Damned if the do damned if they don't

[Riceballsan]

If it were say a system that mattered for the name, say the app was called Star-Trek the next generation gadget. or whatever I could see it, the actual series name would be harmful for them to have used by others, but the name of one small item in the show, lets say it were microsoft, and they did release a tri-corder as a stand alone device based on windows CE, it gave inaccurate information and blue screened every 2 seconds. Would that effect how likely you will be to watch the next star trek movie or show? How about if a new sci-fi movie had a tri-corder in it, would you mistake it for a movie endorsed by the writers of star-trek because you saw a tricorder in the commercial? Something that is large and key to the identification of the show, the names of the main characters the starship enterprise even the main races, etc... but seriously a small background device that was never a selling point or a primary focus of the series, that is ridiculous.

Re:Damned if the do damned if they don't

[kat_skan]

You don't. If you read the takedown notice it turns out CBS has some kind of PADD-themed Star Trek triva app in the Itunes store and they don't want competition. Which is sensible considering the comments make it sound pretty pants.

Re:Damned if the do damned if they don't

[Anonymous Coward]

They should not have to in that case. Have them pay an annual maintenance fee and they are guaranteed if they do not defend it they will not lose the protection even if they fail to vigorously defend it. That fee comes with options, like protecting form, color, and fractional portions of it. I'm sure that any government can use the money. If they don't keep up with their licensing they may not be able to recover it in the future but the peons use of it won't challenge it at all.

Just base the fees it off the VMWare and/or Microsoft licensing model that maximizes revenue and protects the intellectual property of the elite.

I foresee a time when such fees fund all government activities.

Re:Another reason not to develop android apps

[barlevg]

The app is surprisingly useful: accelerometer, audio spectrum analyzer, compass to name a few... it does everything you'd expect a "real" tricorder to do, with the only limitations being the phone hardware.

Killed?

[brit74]

I've never heard of the tricorder app before. After finding some information about it ( http://www.makeuseof.com/tag/turn-your-android-phone-into-a-real-star-trek-tricorder/ ) and looking at what it does: "sense environmental factors like magnetic flux, acceleration, sound waves and even solar activity...", it seems to me that saying the project has been "killed" by CBS seems a bit premature. The interface and name ("Tricorder") is certainly drawn from Star Trek inspiration, and while I don't see how this harms the Intellectual Property (read: I don't know why CBS won't just let it go, other than a typical corporate knee-jerk response to crackdown on using IP; although I suppose, since it's under Trademark, CBS might have to actively defend their trademark or else they lose it), I also don't see any reason why the Tricorder can't change the interface and name and continue life as usual. Saying that the project is "killed" seems a bit melodramatic when the reality is that the Tricorder app is suspended until they change the name and interface.

(BTW, I thought the "look and feel" of interfaces wasn't covered by Intellectual property. Although, even if true, I suppose the Tricorder creators might not have the cash on hand to defend their case in court, even if they would win.)

Re:Killed?

[the eric conspiracy]

Look and feel can be covered by a design patent.

However I would think any such design patent would be expired or moot given the time frames involved.

CBS

[Anonymous Coward]

Every company in America is shit I hope they collapse.
We really don't need large company's. The small ones provide most of the employment.
Less large corp. equal more employment let them all eat shit and die.

Re:CBS

[Spunkee]

I work for a small employer, and agree wholeheartedly. The big companies are on the verge of collapse. Enjoy the show, and stay out of debt! Don't buy a house now and rent for a couple of more years.

Re:CBS

[JockTroll]

The big companies are on the verge of collapse.

Four words: Too Big To Fail. The MAFIAA companies have the politicians by the balls - you can't get elected without Big Media, and they will be bailed out with your money.

I don't get what the deal is here.

[Dachannien]

You can't copyright the word "tricorder". The app (according to the posts that someone else posted here) doesn't infringe on any copyrights of screen design or anything like that (and it looks more like the LCARS interface from TNG, which CBS holds no claim to - that would be Viacom, owners of Paramount).

There is only one live entry for a registered trademark for "tricorder", and that's held by Paul Allen's company named Kiha Software, which holds the trademark as it relates to mobile device programs.

So, where does CBS get the balls to get this app taken down?

Re:I don't get what the deal is here.

[josn]

CBS apparently claims to have rights on the screen designs. So you probably could create a 'tricorder' app, if you remove the round edges in the screens ..

Re:I don't get what the deal is here.

[Anonymous Coward]

Well, you could read the article, and see where it describes the design as deriving from the patterns they have for Star Trek.

Re:I don't get what the deal is here.

[Anonymous Coward]

Does it use tricorder sound-effects from the show? They would have a valid claim if that's the case.

Re:I don't get what the deal is here.

[CronoCloud]

Viacom owns CBS which handles all things trek-series related these days, didn't you get the memo?

Re:I don't get what the deal is here.

[Dachannien]

Well.... apparently not. My bad.

Still, they're really stretching it to claim a copyright violation here.

Re:I don't get what the deal is here.

[Anonymous Coward]

>So, where does CBS get the balls to get this app taken down?

Because CBS is the current owner of the Star Trek franchise.

Re:I don't get what the deal is here.

[cffrost]

So, where does CBS get the balls to get this app taken down?

Joe Pesci works for CBS legal department.

Re:I don't get what the deal is here.

[gmhowell]

So, where does CBS get the balls to get this app taken down?

Joe Pesci works for CBS legal department.

That's funny.

why android?

[roc97007]

The Tricorder was available in the nineties for the Palm platform. Why now?

Re:why android?

[Anonymous Coward]

Because a lot of people actually own androids.

Re:why android?

[roc97007]

Ummmm, the original Palm Pilot and its followons were deu rigeur geekwear throughout the dot com boom. I'm sorry you didn't get the memo.

You may be confusing PalmOS devices to whatever it turned into when HP bought them.

Re:why android?

[Anonymous Coward]

They object to the use of the LCARS style interface, providing a link to their paid PADD app for the iPad as an example. I'd imagine they're trying to kill anything even remotely related in a misguided attempt to bolster sales of said app (e.g. if they bring it to Android, or so it's exclusive to the iPad/iPhone). It's kinda sad since their app is basically a themed webbrowser for startrek.com, while Tricorder is actually useful and serves the same general purpose as the fictional version.

Re:why android?

[roc97007]

Really. Well, that sucks even more. I actually use the Tricorder app, and I have absolutely no interest in Star Trek fangeek content. I've seen all the photos of Nana Visitor I care to see this lifetime. They'd be better served hiring the guy and making it a paid (but inexpensive) app.

Re:why android?

[Anonymous Coward]

Is it possible to claim that because they did not protect their supposed intellectual property in the past, they have given up those "rights"? Guess I don't actually know, maybe the earlier programs licensed the IP from them.

Re:why android?

[roc97007]

I believe it's the same author. I don't believe there was IP licensed in the past, and I think you raise a valid point.

Re:why android?

[ebh]

The Palm app may have predated the DMCA, which was signed into law on October 28, 1998.

Re:why android?

[Anonymous Coward]

deu rigeur geekwear

yes, but as the GP stated, a lot of _people_ actually own androids.

Re:why android?

[Anonymous Coward]

deu rigeur geekwear

yes, but as the GP stated, a lot of _people_ actually own androids.

Let me fix that for ya...

yes, but as the GP stated, a lot of _people_who_actually_DO_something_ actually own androids.

Re:why android?

[roc97007]

Oooh good point. Best answer so far.

You'd think after the beating Sony took ...

[slashfoxi]

That corporations would be a little less eager to tempt Anonymous.

Re:You'd think after the beating Sony took ...

[JockTroll]

Yes, because big corporations are quaking in their boots at the thought of Anonymous... NOT! Wake up and smell the coffee, loserboy: apart from the fact that Anonymous can only be very loosely tied to the PSN outage, the fact remains that Sony was not hurt and will not be hurt by that episode. The "outraged" customers will receive some compensatory bonus, and that will be it. The EULA covers Sony's ass very well, their lawyers aren't filthy rich and uber-powerful because they're fools, they know the law and they made it their bitch. So far, all that those Guy Fawkes-masked clowns have managed to achieve has been to piss off someone, get a bunch of gullible kids into trouble for using an idiot tool like LOIC and make absolutely no difference. Corporations are virtually untouchable by legal, political and technological means: they have more money, more leverage and more tech than you will ever dream of.

Re:You'd think after the beating Sony took ...

[slashfoxi]

Ok, Mr. Troll. You seem to have some strong feelings about this. But you're wrong about the PSN outage, or you have a strange definition of "hurt". During Q1'11, Sony lost $389 million. (The previous quarter, they had earned $72 million.) Since the beginning of the year, their stock has lost 40% of it's value. Sony's uber-powerful lawyers started this whole mess because they felt it was in their interest to sue a teenager. If they had prevailed, they stood to gain $100 from his sock drawer, but sadly, they did not. You're also wrong about Sony having more money and tech than me. Since 2008 I have earned more than SNE: http://www.google.com/finance?q=NYSE:SNE&fstype=ii -- And I've never been hacked.

They Yanked an iPad app too

[vmxeo]

A similar story made the rounds last April. CBS claimed copyright infringement on the "DiagnosticPADD" app for the iPad. Specifically, CBS claimed

“the Application uses the ‘PADD’ trademark and the interface is substantially similar to CBSS’ copyrighted LCARS interface. Your use of the Series’ Properties improperly trades on the goodwill and reputation of CBSS and the Series and is likely to cause confusion among consumers that the Application is affiliated with or licensed by CBSS and/or the Series. CBSS has concluded that such use constitutes trademark infringement, dilution, passing off and misappropriation under the Lanham Act and applicable state laws, as well as copyright infringement under applicable U.S. copyright law and counterpart laws around the world.”

What's confusing to me is they seem to flip back and forth between copyright and trademark infringement. I'm not sure how either would apply here anyway.

Re:They Yanked an iPad app too

[One Louder]

Unless they've actually filed for a trademark on this stuff, then it's actually more an issue of "trade dress" - ie being "confusingly similar". I really can't see how they can argue that there's any copyright violation.

Re:They Yanked an iPad app too

[Anonymous Coward]

"goodwill", eh? They are pissing that away with obnoxiousness like this.

Re:They Yanked an iPad app too

[Silvanis]

The Lanham Act added the concept known as "trade dress". Trade dress seems to be defined as "If I take random Joe off the street and ask him what this is, does he reply that it's my product?". I don't think it's formally defined as copyright OR trademark.

Re:They Yanked an iPad app too

[Anonymous Coward]

copyright would apply here exactly like it did to Apple's look-and-feel when they were mad at Microsoft for copying it -- that is, it will be blustered about a lot, but won't actually hold up in court. Design patents are the only available protection for look-and-feel, but they're remarkably rare in practice, and in this case would have expired anyhow.

Re:They Yanked an iPad app too

[shentino]

Simple.

The real reason is:

"We don't like your app competing with us and we want you to shut up, and we can drag your ass into court and we will bankrupt you with legal bills before the case finishes."

Clone the repository

[markkezner]

This command will clone the svn repository into a new git repository, preserving history.

Warning: It will take a few minutes. Also, if your slashdot preferences add "[googlecode.com]" to the url, remove it.

git svn clone -s http://moonblink.googlecode.com/svn/ moonblink-read-only

So what?

[MichaelSmith]

The author can put it on my app store if they want.

wow

[Anonymous Coward]

I didn't even know this awesome app existed. Dear CBS, thanks for bringing this to my attention... installing now...

Good ol' promotion of innovation

[LordLucless]

That's why we let a fictional, non-functional application veto the production of an actual, useful product. Although, looking at America's industry and economics, it does seem that they value fiction over reality.

Re:Good ol' promotion of innovation

[Anonymous Coward]

Star Trek IS an actual product, one with billions in sales.

This product derived value from said existing product, otherwise it wouldn't have existed in the form it did.

Sorry, but like it or not, fiction IS a product, which people do pay considerable sums to have.

Re:Good ol' promotion of innovation

[Anonymous Coward]

You've just underlined his point in red, written a supporting argument in favour of it, and then followed it up with "...and that's why you're wrong."

DCMA qualifications

[alphatel]

They sent the link from an apple store app as their right to license of an image? Something smells less legal. If Google will react to such a weak request you can probably send them anything you want and get any app taken down.

Re:DCMA qualifications

[JabberWokky]

That's how the DMCA works. They file, and the author is given an opportunity to say "no, I do have the rights to this", in which case it goes back up and CBS can go to court with a record that the author claims ownership and the host (in this case Google) is free and clear legally, as it is now between CBS and moonblink. In this case, the author didn't. It does use LCARS style interface and tricorder sound effects.

Been there, done that in about 16 years of commercial hosting. In the case of child porn, we called the cops. Otherwise, we muddled through, and roughly did what the DMCA later formalized.

In short: CBS made a claim, moonblink is not claiming he has the rights to it, so it stays removed.

get it while it's hot

[eXFeLoN]

http://download.cnet.com/Tricorder-for-Android/3000-20432_4-75025147.html still available here. i'm sure that will not be true for long. Just installed it and it is a fun little app that looks great on my tablet. I'll be sure to spread the app itself around for as long as I can remember.

Re:get it while it's hot

[bratwiz]

You know, all you folks posting links to the software and doing the CBS lawyers a favor by pointing out who to send the next takedown letters to.

Re:get it while it's hot

[LVSlushdat]

Got it!! Thanks for the pointer... Dear CBS.. BLOW ME!!

*sighs*

[Anonymous Coward]

Yes, a fan supported app is a good thing. It is securing their faith and loyalty to said brand owned by CBS thus leading to possible future money for them for no additional effort.

However, this line "I think it is a shame that CBS thinks it needs to kill a free and open source project giving a add-less app" irks me from the summary. Because it is open source, free and not throwing up advertisements means this project is holy and untouchable? This is near Apple level kool-aid drinking here.

That is complete baloney

[Anonymous Coward]

I was lamenting a few months ago that it didn't look *enough* like a true LCARS interface.

The tricorder app:
-Doesn't have any artwork taken from any star trek franchise
-Doesn't even use the true tricorder sound, since he made a completely original one

It is totally dissimilar to anything ever seen on star trek.

What the author should do is remove the artwork, and then just make a skin for it, and have that be a separate install.

F*ck CBS

[Anonymous Coward]

I suggest everyone reading this downloads the Tricorder_5_9.apk wherever they can still find it online, and put twitter, facebook, and blog links to the file. I also suggest mass sharing of this program through torrent. It's time to show patent lawyers and the judges who are owned by them that we can fight back.

Now if I could just find at least 1 download location...
http://www.freewarelovers.com/android/download/temp/1289451086_Tricorder_5.9.apk

Who to email at CBS?

[Simulant]

I can only find what look like very specific feedback forms.

Thanks CBS!

[Radak]

I hadn't heard of this app before. Thanks to CBS giving it some free publicity, I have now, and found the apk on another site.

Pretty cool app. Thank you CBS and your lawyers for cluing me to it.

Re:Thanks CBS!

[CheshireDragon]

nor have I and now I have it. I was never a Star Trek fan, but the gadgets they had were always pretty kewl. For the record, the APK for this app is everywhere, just google and download. I simply did it out of spite. No one tells me what I can and can't have.

Hope CBS does not go after the Nokia IT/MID theme

[Anonymous Coward]

was gonna post the link, but I don't want to make it too easy for the trolls - use the usual search techniques...

LCARS is the problem

[steveha]

The summary includes a link to the wiki article about it being killed by lawyers. This in turn includes the text of the DMCA takedown notice. Take a look:

lxxxxxxn@cbs.com to support-portal@google.com
Reply - More info Aug 23
Options

AutoDetectedBrowser: Internet Explorer 7
AutoDetectedOS: Windows XP
IIILanguage: en
IssueType: lr_dmca
Language: en
agree1: checked
agree: checked
android_app_developer_1: Moonblink
android_app_name_1: Tricorder
android_app_url_1: https://market.android.com/details?id=org.hermit.tricorder
companyname: CBS
country_residence: US
description_of_copyrighted_work: LCARS graphical user interface
dmca_signature: Lxxxxxxn
dmca_signature_date_day: 23
dmca_signature_date_month: 8
dmca_signature_date_year: 2011
full_name: Lxxxxxxn
hidden_product: androidmarket
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.

Now, I used to have an app on my Palm PDA that pretended to be a tricorder but didn't actually do anything (other than make some chirp noises and display various jokes). That's not what this is; this "tricorder" app displays the outputs from various sensors on an Android phone. You can get a magnetic compass, sound data from the microphone, GPS data, etc. The DMCA takedown isn't about this functionality, but just about the LCARS interface.

The solution is obvious: reskin the app, using an Android sort of theme, and for extra safety change the name. The result shouldn't bother CBS anymore.

I don't even really like LCARS much.

P.S. I presume that CBS will go after the people who install LCARS themes on their desktops. What a waste of time.

steveha

Re:LCARS is the problem

[steveha]

Oh, and if you aren't geeky enough to already know what this "LCARS" thing is:

http://en.wikipedia.org/wiki/LCARS

steveha

Re:LCARS is the problem

[Anonymous Coward]

The solution is obvious: reskin the app, using an Android sort of theme, and for extra safety change the name.

And make the theme look ultra-modern, slick and sexy enough to make CBS jealous and beg you for the right by falling to its knees..

Re:LCARS is the problem

[Anonymous Coward]

They aren't showing a screencapture of an LCARS terminal from a specific TNG episode for which CBS holds copyright. They're copying a "style" of interface. To use an analogy, if someone copied the beautiful teal and other aspects of the appearance of slashdot, but didn't copy any of the code to do it (e.g., an independent implementation), could they be sued over copyright? I'm not so sure. Not easily. Other things (e.g., trademark on the name/logo), probably. It's not clear to me that copyright and the DMCA is applicable to these sorts of situations rather than design patents, which leads to the question: does CBS have a design patent on the LCARS interface?

Re:LCARS is the problem

[Anonymous Coward]

Look at the installs graph. It does look like Google uninstalled the application from devices. Otherwise, I'm not sure why the install count would dramatically plunge practically over night.

Re:LCARS is the problem

[steveha]

They're copying a "style" of interface.

I agree with you. If CBS actually had a design patent on LCARS, they would be on solid ground legally; but I don't think they do have one. Can they really claim copyright infringement on a "look and feel"?

But CBS could and did send a DMCA takedown notice, and Google didn't fight it.

steveha

Re:LCARS is the problem

[shentino]

That's because Google is the host and isn't allowed to fight it.

Sending a counter-notice is the responsibility of the person whose work the notice is directed at.

Re:LCARS is the problem

[Gib7]

They should make the app skin-able, have the default skin as something else, but the ability to download the LCARS skin...

Why kill the app?

[Commontwist]

Sure, if CBS lawyers are suddenly saying 'Mine! Mine! Mine!' then first see if they actually DO own it. Would NOT be the first time DMCA has been abused by persons who do not own the stuff they're complaining about. If they do, or close enough that you can't afford to buy enough justice to protest, then simply redesign the interface. The options in the app seem quite cool and it would be interesting to see what would be possible by linking two 'tricorders' together for triangulation of local sensor readings. LOL. Personally, I'd also come up with something other than 'tricorder' just to forestall potential other crud from these guys. I really hate the 'sue or lose it' legal stuff that brings this knee jerk reaction about. DMCA is also a mess that needs serious fixing.

Re:Another reason not to develop android apps

[GameboyRMH]

I had a joke app like this on my old PalmOS devices. It didn't have any real scanning functions, it had configurable messages you could bring up after a "scan" by pressing one of the scroll buttons on the PDA. I programmed messages into it like "No intelligent life found" and "Biohazard: Extreme bacterial infestation detected" and "Methane eruption source located"

Contract violation?

[Anonymous Coward]

According to this http://en.wikipedia.org/wiki/Tricorder In Gene Roddenberry contract if any of the technology in star trek gets invented they can use the name free of charge. Is it that now he is gone they will ignore that part of there original contract?

Re:Contract violation?

[Anonymous Coward]

As posted above, it's the interface look that they're concerned about (LCARS), which was just TNG sillyness anyways. Give it a unique look, don't infringe on any copyrighted sound effects or graphics, and you'll be good.

Re:Contract violation?

[snowgirl]

According to this http://en.wikipedia.org/wiki/Tricorder In Gene Roddenberry contract if any of the technology in star trek gets invented they can use the name free of charge. Is it that now he is gone they will ignore that part of there original contract?

This isn't about the name, that would be a trademark issue, and CBS couldn't avail themselves of the DMCA. CBS is claiming a copyright on the design of LCARS, which this app uses.

Being that I'm not an actual lawyer, and just read in law, I can't say for sure if this is a valid copyright, but then I know enough to say that this probably ought be argued in a court... (the more you read in law, the more you want to actually litigate matters in general... I suppose it makes for good business for lawyers?)

Re:Contract violation?

[JockTroll]

Do you actually believe that any contract cannot be overturned and nullified by an Army of Lawyers? Especially when one of the parts is fucking DEAD? My, how naive you are. You deserve to see your loserboy dreams trampled and defecated upon.

Re:Contract violation?

[deathguppie]

According to the itunes market page, LCars was released and copyrighted july, 11, 2011. The android app has been around for at least two years, and as noted in an earlier post CBS does not hold the rights to TNG which is the only bit of copyright that would be applicable in this case. You can't just create something similar to an existing product and then claim copyright infringement. This is just bullying by CBS.

Re:Contract violation?

[Anonymous Coward]

According to this http://en.wikipedia.org/wiki/Tricorder In Gene Roddenberry contract if any of the technology in star trek gets invented they can use the name free of charge. Is it that now he is gone they will ignore that part of there original contract?

Well, even if that's true, it doesn't apply here.

This app doesn't actually implement the tricorder functionality, it just copied the name, look & feel.

Re:Contract violation?

[Anonymous Coward]

CBC is going after them for the LCARS UI, not the name.

Re:Contract violation?

[Anonymous Coward]

Wonder if we all collectively could sue CBS over breach of contract? Simply stating as we the fans are the rightful heir to his works as he intended (through his contract)?

Probably not, but simply sending them such a notice C&D on all markets?

Mirror for apk?

[iONiUM]

Does anyone know where a mirror is for the .apk? This article made me find out about this app, and now I want it, but I can't find the .apk anywhere.

Thanks!

Re:Mirror for apk?

[CheshireDragon]

dude, google it. It's everywhere. "tricorder apk" in google and viola

Re:Mirror for apk?

[Anonymous Coward]

It's "voila" (voilà), not "viola".

Thall Shalt Not Ape LCARS GUI

[cmholm]

Per the short and sweet developer's note behind the link, Roddenberry stipulated that others could use the 'tricorder' name. The take down notice seems to take issue with the LCARS look-n-feel. Thus, CBS could in theory start throwing takedown notes at all the sites featuring LCARS GUI themes. I'm going to guess the only reason this particular app got noticed is because enough Android phones have seeped through the ranks at CBS and their in-house counsel.

As such, should the developer (or others) care to, a fix is as close as a widget facelift. I suspect a change of font, color, and a couple of curves into steampunk-ish curlycues ought to do it. Unfortunately, the developer can't come up with a sufficient value of [reSources * wIll] to justify testing where this app would fit within look and feel case law. I sympathize with the developer's predicament.

Re:Thall Shalt Not Ape LCARS GUI

[Teancum]

"Look and feel" legal issues are a copyright infringement, not a trademark infringement.

The issues of "intellectual property" are very well spelled out in this article by Richard Stallman:

It is definitely worth a read and a philosophy I embrace completely to the point I rarely if ever even use the term "intellectual property" and have even corrected law makers when they've used the term in a general sense.

Furthermore, "look and feel" is so vague as to not really be enforceable except in a broad sense. That in this case the LCARS interface isn't even a competing product to anything being produced by CBS/Paramount, so there could be little claimed in terms of copyright infringement. Since nobody at the studio can possibly claim to have actually written any of the code itself, as a copyright claim this is so weak as to be laughable. Perhaps (and this is a real stretch) there might be a font copyright issue (also very weak), but I doubt CBS owns that copyright. So all they are trying to enforce is a bended curve on a black background with words on the curve through copyright? Yeah, I'd love to see a judge accept that as a valid concept worthy of copyright. It would be precedent setting if a theme could be copyrighted purely as a theme appearance and nothing more.

The trademark issues are much more substantial, where a trademark infringement can certainly be made, perhaps even with the LCARS theme... assuming that again the bended curve might be considered a trademark instead of merely a theme. The trick there is that I doubt CBS has even attempted to register the LCARS "theme" as a trademark (I could be mistaken), so they are merely stuck with term "tricorder" as the only possible infringement.

Re:Thall Shalt Not Ape LCARS GUI

[NoNonAlphaCharsHere]

I agree that it's the word "tricorder" that got them all worked up, although I'm sure they also think they're doing the legal requirements to keep their trademark franchise alive, vis the LCARS look-and-feel. Also the existence of a sanctioned/licensed iPad app further muddies that their motivations are.

I'm curious what their reaction will be when they see my new "Heisenberg compensator" App. It works very well, if I do say so myself.

Re:Thall Shalt Not Ape LCARS GUI

[purpledinoz]

Regardless of whether CBS is right or wrong, getting involved with a lawsuit is too expensive. CBS wins. Big corporations and lawyers win. The rest of America loses.

Thank God

[Anonymous Coward]

...The Sonic Screwdriver app is still on the market. Trekkies Whovians.

Re:Thank God

[Anonymous Coward]

That's supposed to be Trekkies "less than sign" Whovians.

add-less

[Anonymous Coward]

"Ad" is short for "Advertisement" so there is no extra 'd' when abbreviating it. Sorry I don't have any witty joke to add here. I'm not going to feign indignation either... although I briefly considered going that route.

Re:Another reason not to develop android apps

[symbolset]

The Android Market has something for developers that your precious WP7 doesn't: hundreds of millions of customers for your apps.

This is a neat little app - one of the first things I show people when they're curious about what an Android phone can do. I'm sure that the StarTrek branding will be filed off and the app relaunched as "Central Built-in Sensors: Scientific Universal Command Kit System" or something like that. In the meantime we'll sideload it, even if we have to download it from a sane country.

But leave the iPhone version up?

[Anonymous Coward]

The take down the free Android version but leave the pay-for iPhone version?

http://web.me.com/mike.mcfin/iLCARS/iLCARS.html

Re:But leave the iPhone version up?

[shentino]

I would guess that

1) The iphone version is licensed by CBS
2) CBS is collecting royalties out of the app sales.

Re:Holy shit!

[Anonymous Coward]

... and it's incredible I remembered the password.

why? what's your password?

The reason CBS pulled the app

[Anonymous Coward]

is because, according to our source, "it made star trek look fucking gay"

stupid douchebags

[rastoboy29]

that's all, just "stupid douchebags"

Re:stupid douchebags

[BenJCarter]

that's all, just "stupid douchebags"

It's See BS, but that statement is redundant to your comment...

The end of progress

[rossdee]

I guess those scientists working on quantum teleportation better quit before they get sued then. And theres no legal chance of anybody inventing a real warp drive because of the legal issues, we are going to be stuck in this solar system until we go extinct.
Extinction may be sooner than we thought too, if there is an asteroid heading towards earth we can't go and blow it up without being sued by Atari

How come google are gatting awat with calling their user interface Android ?

Re:The end of progress

[Anonymous Coward]

Because it's licensed from Lucasfilm.

Big Bang Theory? n/t

[KingAlanI]

n/t

Dear CBS

[Ralph Spoilsport]

Go fuck yourself.

Truly useful app

[dcigary]

One of the truly useful apps on the market. Yes, I've needed a magnet detector. (Geocaching). I've needed to analyze ambient noise. I've needed a compass and GPS. I've needed to see what networks were around me. I even used the Solar page to see why my GPS wasn't working worth crap that day (solar flare).

Saving it out to an APK now onto my card just in case.

Re:Truly useful app

[Anonymous Coward]

Yes, I've needed a magnet detector.

never can find one when you need one

Re:Holy shit!

[symbolset]

He can't tell you on here. It looks normal when it posts, but for everybody else it just comes up ******

Re:Holy shit!

[Zontar The Mindless]

My UID (dick size ) speaks for itself.

Then let me be the first of 183,937 to say, "Oh! We're supposed to be impressed, right?"

Re:Holy shit!

[Shadow of Eternity]

You have a six digit UID, like the rest of us mere mortals... that's about two digits high for impressing most people.

Back at CBS

[K_Man_ALPHA]

Just sent the following to CBS.....

Hello,
I recently read that CBS sent a DMCA violation notice to Google concerning a free fan-produced "Tricorder" application for the android platform...

First of all: That's not very Star Trek of you. In the 23 century I thought we were above such things. I guess CBS just isn't there yet.

Second: I don't think I saw a tricorder in the new movie at all [maybe im wrong], which means that CBS has not even shown one in years, since Enterprise ended. So really? Really, you need to stop this?

Third: This app was only HELPING spread the fandom and keep the good times going. Now you have sent a ripple of "Star Trek does not like" out to the fans.

I don't even own an android device and I am very disappointed in you. I think Mr.Roddenberry would be too. Its action like this that end up upsetting huge numbers of fans and actually makes them realize that this is all about the money, not about great entertainment.

What a shame.

Re:Back at CBS

[JockTroll]

Do you actually believe CBS cares about the hockneyed "ideals" of that mediocre hack, Roddenberry? His "vision" was an incoherent, inane, naive mess which was laughable already in its primitive incarnation. CBS cares about the money they can make out of trekkie pedophile geeks who spend their lives debating useless trivia about a shitty TV series. Grow up and get a life, if you can.

Non US Hosting?

[severn2j]

Cant he just host his tricorder app outside of the US? The DMCA is a US law, isnt it? So surely its only US sites that are subject to it, or am I being overly naive here?

Re:Non US Hosting?

[Plombo]

It was removed from Google's app store. Google is a US company and has to follow US laws. It's still available outside the app store.

Loved this app, seriously?

[Zandali]

It was my favorite for showing off, annoying non-trekkies, and getting gobs of useless information on my current environment. I smell a Streisand Effect in the works.

Ah, fascism ...

[pablo_max]

Ah, fascism, isn't it great? It is amazing to think how completely the corporate world is allowed to rule our lives. What we can buy, where we can buy and ever what we can do with it once we have bought it.
And of course of government is no where to found as they are too busy making new laws to protect our corporate guardians.

Tell me, I cannot be the only one who feels this way! The time is close I think for change. The economy is in the crapper, our "leaders" are fighting themselves harder and harder, we see our rights taken away more and more each day.
The gas is already on the tinder, we just need the spark to set it off.

Re:Ah, fascism ...

[JockTroll]

If you want change, get a weapon and be ready to kill some people. Nothing else will do.

Deja Moo

[lennier1]

Seems like a repeat performance of the same bullshit Paramount pulled during the 90's when they went after fan websites, pissing on the free advertising those sites represented.

Link please ?

[Iskorptix]

Can anyone share a link with current version of that app please ?

Re:Another reason not to develop android apps

[Anonymous Coward]

You're in denial. Just because it takes data from the inputs and does something with it, doesn't make it useful.

You wouldn't navigate with it, or use it to analyze data of any kind. It's a fucking toy.

So the network canned the trek Android app?

[hey!]

No problem. Just wait ten years and it'll come out as a bloated, incomprehensible desktop application.

Why not the rest of it?

[Anonymous Coward]

Seems to me that they can go after anyone who produces uniforms, action figures, fake phasers. They should be able to strip all the actors of their affiliation, as well. No more Star Trek conventions. No more personal appearances by William Shatner or the others.

Do they really want to poke their stick into this hornet's nest?

Re:Why not the rest of it?

[JockTroll]

Those who produce uniforms, action figures and fake phasers pay money to them. That's the password: MONEY.

Transporter

[Anonymous Coward]

What's going to happen when we finally invent the transporter? "You can't use our name" - CBS. I guess we'll just have to call it beaming technology... no wait that's taken. Site to site... no wait that's in star trek too. Energy matter converter? Nope... that's in star trek too. Hmmm.

Re:Transporter

[JockTroll]

In the unlikely case it is actually invented, just call it "technology that has nothing to do whatsoever with a bad TV show that is only watched by losers and pedophiles".

ad-less app

[nurb432]

There is your main reason. No revenue for them.

Also there is this problem that if you don't enforce your copyrights and trademarks once you know about the violation, you lose them. They may have had no choice in the matter.

Re:Another reason not to develop android apps

[MrKaos]

The app is surprisingly useful: accelerometer, audio spectrum analyzer, compass to name a few... it does everything you'd expect a "real" tricorder to do, with the only limitations being the phone hardware.

exactly, it is surprisingly useful. Surely it's possible for the app author to have the app exist just without a lCars skin? (maybe someone else can make one)

I mean, seriously, fuck you CBS, for ending my last bit of nerdiness fun with Star Trek. CBS have well and truly killed the innocent fun of ST more effectively than any Borg could. If I could shit in their mouths I would for the crap that dribbles of their chins.

Thank you moonblink for giving us this app while we could have it, and I will continue to enjoy it on my droid while I can. However it is OSS, where can I get the source and can you GPL 3 the shit out of it so that, somehow, CBS can't use the code base?

If Star Trek was a real utopian future, it would be an Open Source one I simply couldn't imaging a situation below happening

• JLP: Mr Worf Fire Phasers and a full photon torpedo spread
• WORF; Captain, Phasers and Photon torpedos are inoperable
• JLP; Lt Worf, get the weapons operational and fire on that ship or we are all dead
• WORF; Sir I cannot, the console is reading an obscure error message I have never seen before
• JLP; Mr you are a trained federation officer, don't give me excuses a cadet would, fix the problem
• WORF; Sir, I cannot, it says "licence key expired, enter new license key
• RIKER; What is a license key?
• DATA; A licence key is a obscure reference to a late twentieth century method of limiting the capabilities of computer systems to extract payment, it was often used with other techniques such as...
• WORF; This enemy has the guile of a Romulan and the treachery of a Ferengi slave trader (Worf smashes his fist into the console in utter frustration)
• JLP; Lt Le Forge, get us out of here maximum warp
• Le FORGE; Captian, I love to comply but the anti-matter injector controller control systems are saying things I've never seen before
• RIKER; Let me guess, another licence key expiry, the damn ship is falling apart, but it's still in one peice..
• Le FORGE; No sir, the controller system is saying it has encountered a patent violation and cannot continue
• DATA; As I was saying Sir, with other techniques such as patent encumberance, licence revocation and software keys. Generally it was found to limit innovation as it reduced the number of minds able to create and solve problems the human race faced with software. Those who did were branded Pirates and "Open Source Hippies"
• JLP; Hippies?, I'm ashamed just how much like the Ferengi we were...
• RIKER; (whispers to Picard) Captain, if we can stop them they can take the entire Federation without firing a shot
• (just then the com heralds a message from Dr Crusher)
• CRUSHER; Captain, all my medical equipment has suddenly lost all but the most basic functionality
• JLP; We are encountering similar issue Dr Crusher, are there any messages
• CRUSHER; Yes Captain, it's saying that our trial period has ended and we will have to "purchase" a full licence to access all the functionality, Captain we have wounded...
• JLP; (just as LeForge steps out of the Turbo Lift) Dr Crusher, you will just have to resort to some of that "old Fashioned" medicine you speak of and...
• WORF; Captain we are being hailed by the enemy vessel
• JLP; On Screen
• CBS MANAGEMENT; We've noticed that you have not been pulling the consistent ratings you've done in the past so we are pulling the plug, wind your series up in an express way that make some sense of the story line, you won't be funded past a 7th season
• JLP; Release my ship immediately, we have no expectations of being good all the time, just the best we can be, now release my ship
• CBS MANAGEMENT; Yeeees, except it's not really your ship it'

Please someone can post a link or hash of the APK?

[YA_Python_dev]

Can someone please post a link to the APK and/or its sha1sum so if we find it on the net we can verify that's the original one and not malware?

Thanks.

Standard disclaimer: I speak only for myself, not anyone else. None of the above should be read as an encouragement to violate the law. IANAL. I don't hate cute kittens.

Oblig

[Anonymous Coward]

He's dead Jim...

APK download location

[flug]

It is still available for download at CNet. http://download.cnet.com/Tricorder-for-Android/3000-20432_4-75025147.html

Thanks. Just downloaded and installed from that link.

The WORKING APK download location

[flug]

It is still available for download at CNet. http://download.cnet.com/Tricorder-for-Android/3000-20432_4-75025147.html

Thanks. Just downloaded and installed from that link.

OK, that is version 5.11 and at least on my phone, it has a fairly nasty force close bug.

The latest version is 5.12 and it is available here:

http://www.mediafire.com/?nex1dcidhb8t886

The original filename appears to be Tricorder_5.12.apk, so searching on that or similar brings up some more potential download locations.

CBS stands for...

[CheshireDragon]

I think Sam Kinison said it best when he said, "CBS stands for COCKSUCKING BASTARD SONS OF BITCHES!"

Petetion TO them, not against them

[bigsexyjoe]

I agree that the law and power are on their side. BUT, there is still the concept that the customer is always right. If enough trekkies say they like the app and are unhappy with their actions and they have nothing really to gain from banning the app, they might change their minds and allow the app to continue.

Re:Petetion TO them, not against them

[shentino]

Or maybe they're actually stupid enough to chill their entire fanbase out of paranoia or control freakery.

They are a big mighty corporation. If they tell their fans to screw off and let them sue, they'll probably shut up and go away.

CBS already has a pile of money from it, it's not like they have much incentive to be nice now that the profits are already in the bag.

Annoying thing lawyers do.

[trekkielp]

I have heard a rumor (urban legend) about some Paramount lawyers handing a "cease and desist" letter to two US Navy sailors who were selling "USS Enterprise" t-shirts and baseball caps at a Star Trek convention in San Diego.

It's GPL code

[virtigex]

Everybody remember to download the source as a tribute to the futility of CBS' stupid action

svn checkout http://moonblink.googlecode.com/svn/trunk/ moonblink

Author made it available by other means at least

[Cito]

Thankfully to the jailbreak community the author is still making the app available. similar to how apps removed/deleted from apple app store can by got via cydia, and those removed from cydia can be got from installous. same goes for this app, it's moved to the jailbreak community and you can also download a copy off demonoid/kat.ph to install if you really want it. also you can pick up the source code and install it yourself http://moonblink.googlecode.com/svn/trunk/

Re:Another reason not to develop android apps

[shentino]

Mod up.

Hilarious and shockingly plausible.

Stallman & the FSM (Free Software Movement)

[Anonymous Coward]

So an application hosted at a central place controlled by a money-hungry lawyer-infested corporation disappeared for a stupid reason any intelligent being would despise? Say hi to your new (old?) overlords. Does Stallman seem so crazy now?

Re:Another reason not to develop android apps

[sumdumgai]

It's totally useful. I used it to check the sound level differences of noise coming off of fans and harddrives. The electro-magnetic spectrum analyzer is useful also. The tool is in the hands of the user, not the intent of the maker.

Re:Holy shit!

[vagn]

That's not a UID. This is a UID!

More importantly, is there any source download?

[Phil Urich]

Having the APK is all well and good, but what about the source? Sadly it's already down from http://code.google.com/p/moonblink/wiki/Tricorder but we need to preserve the source code in case future Android revisions necessitate code changes . . . and this app is on of the few "apps" in the world that actually makes a case for apps existing.

...well apparently I'm blind

[Phil Urich]

Someone already linked to the source in the comments here, but I missed it my first read through. I guess we'll see if CBS goes after them for this, but I'm tempted to host the source myself if they do . . . I mean, seriously now, preventing someone from distributing a legitimately working (albeit far from the in-canon capabilities) Tricorder seems pretty contrary to Gene Roddenberry's wishes.

Here's Where you can get Tricorder (shhhhhhh)

[Anonymous Coward]

PFFFT. Screw CBS. you can get the thing here:
http://www.androidfreeware.net/download-tricorder.html
Just download it to ur SD card from ur pc then do a Batch Install from your phone. Or whatever SD card managing system you use. Works Great!!! :D

-Flipps Off CBS-

Re:Please someone can post a link or hash of the A

[coolmadsi]

Can someone please post a link to the APK and/or its sha1sum so if we find it on the net we can verify that's the original one and not malware?

Thanks.

Standard disclaimer: I speak only for myself, not anyone else. None of the above should be read as an encouragement to violate the law. IANAL. I don't hate cute kittens.

You can still download it from F-Droid (open source Android app repository): http://f-droid.org/repository/browse/?fdid=org.hermit.tricorder

Android tricoder killed by cbs

[Anonymous Coward]

I hope there are easy solutions from both sides, so that progress and development of technology continues to evolve

Science Business and thought News Infotech

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