All good things… (you know what’s coming)
Sadly, I must inform you that my attempts at resolving the pending Legal issues with CBS have been unsuccessful and I’ve taken down Daxhotel from the App Store. The e-mail I got made it quite clear that it’s not possible to change Daxhotel in any way short of a complete rewrite to make it acceptable to CBS:
First, please accept my apologies for the delay in responding to you.
Nevertheless, we have again reviewed your "Daxhotel" itunes application and underlying website and continue to object to your use of the STAR TREK properties in this manner. You are utilizing the STAR TREK properties in a manner which is inconsistent with our exclusive rights under the law: You use the "double parabola" logo; You use the stylized trademarks for each of the series' titles; You use copyrighted images on your website; Most importantly, you specifically state that your application is a "comprehensive STAR TREK episode guide," which you are downloading from www.startrek.com. Your use constitutes trademark and copyright infringement. This is not fair use.
While we appreciate your enthusiasm for the STAR TREK properties, we cannot permit this use. We request that you take immediate steps to remove the "Daxhotel" application from the App Store and refrain from offering this content in any format in the future. Please confirm your compliance by no later than Monday October 19, 2009. Otherwise, we will contact Apple directly seeking removal of the application.
Thank you for your correspondence and explanation. We trust that you will comply with our request.
Vice President & Assistant General Counsel
51 West 52nd Street
New York, NY 10019
From this response it seems clear that the technical aspect of Daxhotel which is that it does exactly the same as a normal web browser would do which could also download web pages for later (cached/offline) use is overthrown by some sort of semantical aspect which seems to imply that I or Daxhotel are in any way offering/selling/distributing “content”, which from my point of view isn’t the case at all. I am not offering any content, I am not even hosting it, I’m just providing a tool to access content that is already viewable on the web by anyone. No content is being distributed with the app.
Even though I’m saddened to see Daxhotel come to an end, I actually was surprised to feel a great bit of relief as I clicked that “Remove from sale” button: finally I wouldn’t have to worry about the future of my app anymore, about rejected updates and possible legal battles. I was free again. Free also to create something new. If you have any suggestions, please leave a comment…
Additionally, I will be releasing the Daxhotel source code in the “Daxhotel” section of this site.