After being shut down for supposed trademark infringement, the developer behind the iPad application wanted to get her voice heard. She reached out to us to discuss her side of the story which was surprisingly legitimate. While her defense for the name of the application is not a legitimate precedent, it sounds as though she was a passionate developer. Read her letter below.
I should note that she makes a great observation: there are also numerous other iPhone applications profiting from violating Facebook’s trademark. It will be interesting to see how this pans out. My guess is that Dil, the developer of the application, will have a renamed version in no time at all.
I am individual developer, mother of two working on this app on my spare time. I am a big facebook fan and me and my family use it a lot. After realizing that the free facebook client did not have a few features that I wanted, I decided to write my own ultimate facebook client for iphone. The app was released on iphone app store March 3rd. It took some time for the app to go up and show up in top 50 paid apps. I got a lot of good reviews from people which motivated me to keep updating and improving the app. To be honest I really love my app because it helps you organize your posts and to control your social media, I also added fun features like picture decoration and slideshow that unfortunately I don’t believe too many iPad users even got to experience because of the comparisons with the standard facebook client
I went thru the formal submit process and followed every instruction from apple’s and facebook’s development policy. I picked the name based on the precedence from facebook apps in the app store (facebook chat, facebook icons, facebook reloaded, facebook video uploader, facebook pixter and many others). I designed the icon myself trying to make it use a different ‘F’ than facebook because all the rest of the apps had the exact ‘F’ from facebook on their icon so I used a different shade of blue, a different font and made it italic and added some shading. I only used open APIs provided by facebook and even ran into issues because of API restrictions that did not let me do some of the stuff that the free facebook app can. When I received the call for iPad app submission, I decided to port the app to the iPad so that people that liked it on the iPhone could use it on their iPads (me being one of them). Granted that the app does not have the best iPad UI look but it has great functionality. Never did I dream that the app would end up in the 7th place after the first day.
The problem I see is that, people on iPad, did not read my description of the app and they got confused about this being the official facebook client, so then I modified the description to explicitly say that I was not related to facebook and pointed them to the video tutorials of the existing iPhone app on my website, but that still did not make any difference. I never had this problem with my iPhone users in the past month, but I did have the problem that users were not understanding how to use all the features, so I made video tutorials for the iPhone and that is when the app started moving up. Unfortunately, I did not port those tutorials to the iPad because I thought only my Iphone users would be the ones buying the app, so I can see that not a lot of users were even able to use the features that are unique to my app and they were comparing it with the official facebook app which was never my intention.
Now both my apps have been removed from the store, now I wish I had never ported my app to the iPad, I feel so helpless, I feel like I have been victimized and used as an example because of the success of the app. I found out that my app had been removed because I saw your post, I did not even receive any official/unofficial emails from anybody to any of my accounts about the situation so that at least I would have a chance to resolve it. I am just an individual developer trying to develop a cool app for myself and people that wanted to organize their posts like me. At the end of the day I had a few 5 star reviews of people that actually liked the iPad app and quite a few good reviews and five star ratings from the iPhone version. I even had two versions in review since last week that would bring Chat and Video playback capabilities (in response to my iPhone users’ requests) which they will never get to experience now. I am very dissapointed and deeply saddened by this situation.
I hope I will get a chance to make any modifications they ask me to make so that I can put my app back in the store.
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The perils of developing for a platform closed by evils.
Comment by Jinto — April 5, 2010 @ 3:41 pm
Is Dil on facebook or twitter? I would love to learn more about her. I didn't know the user-created facebook app for the iPad is a woman and her story is quite compelling.
I think she's a great roel model for girls getting into technology and sciences and for women as a whole – especially moms!
I think she's a hero. She addressed a need and in speedy time. Facebook should hire her.
Comment by Kalimah L. Priforce — April 5, 2010 @ 3:44 pm
A very valid argument …. is she without "fault"? Probably not. But kudos to her for her action where many would sit and complain.
Perhaps Facebook should look into the features she had built into her app and take a page (no pun intended) from its own Fans.
The best way to grow using social media: LISTEN FIRST. Facebook, your Fans have spoken.
Comment by Shaun Nestor — April 5, 2010 @ 5:03 pm
Not sure to believe this letter: the developer seemed some kid playing smart ass. I followed the app for a while as I wanted to try it, but reviews were so bad and price high (well, vs. the free one). So by monitoring the reviews to see if they improved w/ updates, I started seeing the usual 3-4 users continuously updating their 5-star comments to push the bad ones down. EVERY DAY. Pretty bad and misleading behavior if you ask me. In some of these comments, they (i.e. the developer) were even insulting users saying "this app is not for idiots, you need to be tech savvy" or stuff like that. Glad I didn't get it and not too sorry for her or whoever.
Comment by Mike — April 5, 2010 @ 5:27 pm
While this appears to be an unfortunate situation for the developer, the rules for Facebook applications very clearly state that you are not allowed to use Facebook trademarks. If she changes the name she should be fine…
Comment by theharmonyguy — April 5, 2010 @ 8:20 pm
So sad to hear that, i just purchased from App store and now is gone. I want a refund. Please advise.
Thank you
Comment by Daniel — April 6, 2010 @ 12:17 am
How do I get a refund?
Comment by Scott — April 6, 2010 @ 8:20 am
I have the new iPad and downloaded Facebook ultimate. I spent the money and got to use it for a whopping 3 days. Where's my refund. Not to add insult to injury the app had a ton of bugs and left certain actions out. Way to go! Hope they get you for fraud you ho bag!
Comment by Aaron N — April 6, 2010 @ 8:23 am
moral of the story: Developers, don't code for the Apple mafia and Don Jobs, you will get fucked just like this poor woman.
Comment by aguy — April 6, 2010 @ 9:03 am
For people asking for refund: if you contact Apple (just use the email they send you as a receipt for the download) and they will refund you.
Comment by Mike — April 6, 2010 @ 10:23 am
"Where can I get a refund?" Well…you could go out to WORK to cover the $2.99. Then again, after spending hundreds on a piece of junk, I guess you're broke.
Comment by Give up — April 6, 2010 @ 1:02 pm
I am with the developer on this one. if you release the API then develepers will develope apps. I think she should stay on to compete with the “official” iPad app. oh Wait there is NON. Facebook can only shut down others while not developing its own app.
Comment by David — April 6, 2010 @ 1:21 pm
Why do facebook provide an API for iphone/ipad apps if they don’t want anyone to use it? Is someone using this api just not allowed to use the term ‘facebook’ to describe it? How are they supposed to indicate what it does?
Incidently the facebook logo graphic is provided by facebook themselves for developers who use the api, hers is a rare exception in that it doesn’t use the official logo.
Comment by fred — April 6, 2010 @ 2:12 pm
I've bought and been using Facebook Ultimate for the past month .. and have never been happier. The only app to use multiple logins (which I have).
Very hypocritical not to pull ALL the other apps that use facebook in it's title .. and aren't even close to being as useful as this app.
The "official" facebook app pales in comparison .. and I stand by the developer 100%. Facebook Ultimate has more than paid for itself .. and I for one .. want the developer to keep on with this app .. I don't want the money .. I want it to go to the developer .. for all the hard work.
Comment by Chad — April 6, 2010 @ 4:29 pm
Ding
Comment by Sky Fang — April 6, 2010 @ 10:13 pm
While I am not an advocate of the walled garden that is Apple, it's like telling the police officer who pulled you over for speeding, that you are just going with the traffic flow. It's still wrong :/
Comment by Ray Yu — April 6, 2010 @ 10:28 pm
I think there should be a class action lawsuit against Apple and affiliates who would allow an application to reside in the AppStore and then be bought by thousands of iPhone users only to be pulled out for BS like without any refund to the consumers. You ask me – these are practices of bullies not professional corporation. But no surprise since Steve Job was caught in his days for signal hopping to steel cell signals to make free phone calls. I truly regret getting an iPhone and I can’t wait for my contract to end so I can switch to google phone.
This is the second time, I purchase an app from AppStore and then it gets pulled out without warning or refunds. I sympathize with this developer but more so I sympathize with consumers for being appnapped by Apple and their proxies.
Comment by Mb — April 7, 2010 @ 6:11 am
Dil,
I still have the app on my iPad and like it, except for one thing. Is there a way to access Facebook messages? I have been unable to find one.
Comment by Doug Whitlock — April 7, 2010 @ 10:33 am
I believe Apple owes the purchaser a refund as the app is completely disabled.
Comment by Jeffrey Hagedon — April 8, 2010 @ 2:43 am
I raised the question of refund through the iStore customer service email and got a reply back that I would be getting a refund.
Comment by Doug Whitlock — April 9, 2010 @ 4:34 am
She may be a hero but she should refund our money until her app is reactivated. Customers should not be dumped in the middle of her fight!
Comment by Alan Harlam — April 10, 2010 @ 4:30 am
Meanwhile how do I get my money back… why should I be ripped off because of this dispute… I paid for this app in good faith and used it for exactly 2 day before it completely stopped working!!
Comment by Kelli Molitor — April 11, 2010 @ 5:35 pm
Downloaded FACEBOOK ULTIMATE through iTUnes, Paid for it and used it. Loved it's dual account capability. I can check 2 accounts quickly without logging out and in – my personal and office accounts. Need to add more capabilities though like chat and improved messaging and video posting etc. But the app served it's purpose for me. Bring it back!!!! I paid for this App and now I can't use it!!! Hey iTunes give me back my money if you're taking this out!!! Hey Facebook People give the permissions back!!!
Comment by sniper — April 12, 2010 @ 8:33 am
Apple is criminal.. Taking the app away and not issuing refunds. WTF is that?! I'm extremely pissed. I cannot wait to jailbreak my iPad so I can disable the killswitch just like my iPhone. I'll be disputing this charge with APple and my CC. I suggest everyone do the same. What a bunch of retards Apple is.
Comment by asshat — April 14, 2010 @ 12:29 pm
Dil's story is one of success and hope. A person from the unknown became known for a positive effort. Apple and Facebook should let the application continue to be sold.
Comment by NDNBoi — April 16, 2010 @ 3:38 pm
It's interesting how the author of Facebook Ultimate allegedly feels victimized ('other people were doing it, so…'), when she was breaking the law and Apple policy by capitalizing on the facebook trademark. To a consumer, it's a bummer, but a business person knows better — she's trying to make a buck off other people's brand. It's partly Apple's fault, of course, for allowing it up in the first place. I feel bad for people that bought it and liked it, but based on the reviews I saw, people either did not read anything at all (dumb consumers), or expected something else from it (it has the name facebook ultimate). Buyer beware.
Comment by jd — April 18, 2010 @ 2:23 pm
good info, excellent data personally..
i really hope for everybody may take these details.
Comment by gadget | technology — November 16, 2011 @ 8:43 am