The real Punisher seems to be in the offices of Google.
here's some details i want to let you know first, and that i believe will matter in this story.
I can draw so the images i used are made from scratch with a pen on paper. I made sure it was a white skull but made my own version (longer teeth, wider eyes, different jaw etc to accommodate my design) i think these subtleties matter because its not a rip-off of a trademarked logo. nor does any copy/paste is going on here.
I asked a few friends if punisher was a real word and felt confident it was.
At last ressort in my mind i thought that IF anything was amiss i would get a fair warning and a chance to adjust to comply with anything Ready to change the name if thats the problem, or even the design! (hell i was even prepare to make it a skull with 3 eyes if i had to.)
Sadly, no second chances today. all i had was a email with what google calls a "Strike" … basically something that completely shuts you down.
Yes i had previous strikes in the early 2010's when google was even more merciless and never was able to contest those, even thought they were unfounded! (at that time google was a straight up robot and had NO communication whatsoever, now it seems a bit better at least, albeit not in my particular case this morning.)
So today, i need to face the facts. I can no longer release anything for you guys anymore. Ever.
Thanks for being with me all these years! Im really grateful for that, and you made me. I tried my best to release thing YOU wanted and deliver refine quality material.
… So long andy.
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Jim Weda at 3:56 am
Kinda like how they had to change the name from Light Beer to Lite Beer? Cheers! Hehe, I am so glad you're back. I don't care for Android wear but I'm so tempted to get one just for the cool faces! Tanks bra!
Tha PHLASH at 3:51 am
+Jim Weda thanks for the support.. its for this exact reason im back. So thank you 🙂
Jim Weda at 3:48 am
Oh, wait, he's back? I didn't see any posts until I posted! What the… Alright, how do I get rid of my post? Don't want to get banned for freedom of speech!
Jim Weda at 3:46 am
Oh come on man! Seriously? This is crazy. I look at the art you create and I have to say you are, in my eyes and own personal taste in the top 3 elite artists in regards to your watch faces and icon packs.
So on what, are we able to get any other, not released here or future designs or is that really it? There has to be another market we can go to or is it just not financially feasible through other outlets? Man, I hope this isn't the end of your creations for Android. I really hope there will be more to come.
Thanks Google, was it that serious or are we missing something. Based on his version I just don't get the cutoff. I've seen many more worse things with app authors and they're still allowed to fling their wares. Not only do you invade or privacy, snoop where you shouldn't but now you're censoring artistic talent? Wow!
Michelle Dufrene at 11:44 pm
Very nice. I'm glad you can get back to turnin it out, as always…much ploos luv to ya Phlash.
Steve Meder at 11:00 pm
+Tha PHLASH bad ass! Happy to see you stay!
Aaron Huffman (Phonesmarts) at 10:24 pm
+Tha PHLASH great news, I'm glad they listened and I hope that they get improved from horror cases like this!
Roberto Mezquia Jr at 10:21 pm
+Tha PHLASH well, it did happen with me too hahaha… Glad you're back!!! Google Play needs a new way to moderate these sort of things better than using the banhammer all the time
Tha PHLASH at 10:18 pm
Thanks for all your support… Google heard you and they backed off… First time i ever see this.
The situation was that it was a my second strike. (i had a strike with the app RANDOM if you remember) that put me in the situation where a third strike basically kills you. ( read this to see how a third strike changes your live https://www.reddit.com/r/androiddev/comments/2jw9cj/as_an_android_developer_and_user_having_your/ )
I was not gonna risk it it for the future of my friends and family. So my only option was to retract from everything google. for life 🙁
You made me, and now you literally brought me back from the grave.
Edit: I see some ppl are like "of course its trademarked!" but what you need to understand is how blurry is that line. To get a "warning" instead of a suspension works good because you have a chance to adapt. A suspension does NOT let you adapt, rather it strikes fear to be honest.
When you search for Punisher on the Google Play store im sure you'll see the name being used by someone else apps for whatever.. im pretty sure of it. And having a 2 speed law where sometimes it applies and sometimes not is VERY confusing.
Understand the only reason we tend to want to use the name of something is to describe it as accurately as possible. Its not instinctive to call apples, oranges because trademarks… believe me.
BrandonF at 6:08 am
Wait, that particular screenshot indicates that only the app was suspended. Is there more to this?
Neal Sanche at 5:35 am
$25 and a free email address and you're back in business.
Michelle Dufrene at 11:24 pm
+Tha PHLASH you always rock it out & we luv u for it; wish Google would show sum Phlash luv instead of riding your ass about every painstaking detail u take with your work.
Michelle Dufrene at 11:23 pm
Sad day for watch face & icon lovers… I'm glad we can still get your apps @ your website if they should ever get pulled from the play store(BLASPHEMY!). I hope they don't & I wish you luck. Do let us know if there's anything we can do.
Daniel Loera at 10:41 pm
I like you're stuff but that looks 99% the same as the actual logo. Not to mention you don't even try to hide it and don't change the name.
Aaron Huffman (Phonesmarts) at 10:27 pm
Wow, this really sucks, they need more people like you, not just protesting but making really good work to add to the community.
Roberto Mezquia Jr at 8:44 pm
+Ellie Powers what say you?
Roberto Mezquia Jr at 8:43 pm
+Jeff Tompas good idea…
Jeff “Zepplin76” Tompas at 8:03 pm
I think there should be a "verified developer" green badge next to the Dev name showing a form of trust. (I know there is one hence my point, but he doesn't have it) Those developers should get a separate (elevated level) human verification to the suspended / ban hammer.
Roy Hembree at 6:43 pm
I've been using your icons for years. I love your stuff, man. I'm really disappointed that this is the treatment you're getting. You deserve better.
Roberto Mezquia Jr at 5:52 pm
😭😭😭😭
Jose Azua (FlyingRhinoCMG) at 5:25 pm
What a loss. Sorry to hear that +Tha PHLASH hopefully they'll realize without people like you who actually care about design and functionality you'll begin to loose quality apps and developers. Good luck my friend I'm sure we'll see you back in the store.
Puddin' (Pocket Rocket) at 5:02 pm
+Jeff McIntire that's what I'm wondering because I purchased his Steampunk icons about an hour ago
Michael Sheldon at 4:46 pm
+Trina B. Remember this is probably not originating from Google, they are just the messenger. I'd bet hard money that this was initiated by Marvel/Disney. Yes, there's a lot of other violations out there, it just means the IP owner has either not noticed yet, or has chosen not to do anything for some reason. Nintendo seems to be one that is not always aggressive. The fact that enforcement is so haphazard actually tends to prove Google is NOT the one who initiated the action.
Jeff “skynet11” McIntire at 4:45 pm
Am I missing something +Tha PHLASH? It looks like only the app is being suspended. Your other apps are still live. Your Wonder watchface is still up, for example.
Dar Hilton at 4:41 pm
What the Hell!!!! +Tha PHLASH this is a sad sad day!!! It's been years and years.
Is there any further hope or is that really it 🙏 Google is losing more then the funkiest dude ever here!!
Trina B. at 4:40 pm
+Michael Sheldon Yes, you are right on trademark. The problem is that there's plenty of others out there and they aren't being removed. Type in Super Mario Run on Google Play. Tons of guides that you know are crap. And even some similar games that are crap. What bothers me is developers like +Tha PHLASH are punished and the grand majority of the real issues get ignored by Google.
Michael Sheldon at 4:13 pm
Look, I hate to say it, but it IS a trademark violation, and if Marvel (Disney) told Google to take it down, Google had no choice. And Disney is very well known for protecting their intellectual property.
It doesn't matter that you drew it by hand. It doesn't matter that you changed it a little bit. What matters is that it is easily recognisable as being similar to Marvel's trademarks. And with trademark law, Marvel themselves don't have much of a choice, they MUST take action, or they could lose their tradmark protection. This is unlike copyright law, where they can choose not to without losing protection. (Disney never would choose this.)
The level of proof here is that any "reasonable person" would believe that your design was similar to the trademarked design. I hear people say all the time, "If you change x%, then you're good." Which is 100% unadulterated bullshit. There is NO set percentage out there. If it's still immediately recognizable, you're probably going to lose a challenge unless you fall under very specific "fair use" exceptions. A few years ago, a sculptor created a large bronze based on a famous photo. It was easily recognizable as being based on the photo. He was sued, he lost. Even completely changing media is not protection.
I worked for a commercial printer for a few years, we had this kind of thing drilled into our heads multiple times. We regularly turned down jobs because they violated trademarks or copyrights, and the customer could not show permission.
Sorry to be a downer, but if you post the same thing to other sites, it will eventually get taken down too.
David Barcena (DaringDomino3s) at 4:04 pm
No way! That's ridiculous. Is your whole store account dead, or just that watch? I still see some of your stuff on the play store, is it getting taken off? I love your work, too… Such a shame that there are so many terrible ripoff apps on there and they're attacking the good ones..
Casey Cunningham at 3:15 pm
Maybe go over to samsung gear. I would if I can get some of my favorite watch faces to go over there.
Steve Meder at 2:43 pm
Sorry to hear this. I didn't really use your watch faces as I'm boring and just use plain ones, but I use a lot of your icon packs.
All your designs, icons and watch faces were awesome and unless one is blind, it was obvious that you put a lot of work and detail into them.
I totally understand you wanting to pack up shop because of Google arbitrarily hampering your creativity, but I hope you do change your mind in the future.
Art Gill (GillRigged) at 2:31 pm
+Puddin' I wouldn't call it a mistake. This is much larger than that.
Kamots 2014 at 2:11 pm
That sucks!
John Bowdre at 1:59 pm
Damn, that's sad to see. Not terribly unexpected (there's a reason many of the hero faces weren't already on the Play Store, right?), but still a big blow to lose one of the tragically few face designers who truly turned out quality content. My Huatch will be a little less awesome now.
Puddin' (Pocket Rocket) at 1:19 pm
That sucks balls. You should dispute it. I know damn well there's someone you can contact about that. It makes no sense what so ever to be permanently banned because of some simple small mistake.
Jeffrey DuPrey at 1:18 pm
It's time for a competitor to establish an apk store that looks, feels, operates as a legitimate alternative to the Play Store. But without the stuck on stupid zero tolerance approach Google abides by.
Art Gill (GillRigged) at 1:18 pm
+Tha PHLASH was this an older watchface? I think I had it at one time and now I can't find it (recently went through several phone changes from the Note7 fiasco to bite the Pixel XL).
Anthony Redd at 1:15 pm
A Punisher is any aversive stimulus that is used as a consequence to an action for the purpose of decreasing or extinguishing repeated occurrences of that action. In other words, it's what makes up a punishment.
Punisher definition | Psychology Glossary | …
alleydog.com › glossary › definition
Albert Robinson at 1:15 pm
Any chance just to start a new account and continue your work, can now be tha phlashy? Sucks ass bro :/ wish u all the best
Nik Brooks at 1:07 pm
WTF! So sorry my dude that really sucks!!! So this means no new faces…Right? What about updates to existing faces? Is there anything we as a community can do to help you sort this out….. all you need to do is ask…. we got your back dude.
Philip Collins at 1:06 pm
I'd dispute that BS
Jody Ancar at 1:03 pm
Are you serious????
This isn't a temporary suspension?? They said you can't make anything anymore? Ever?
Matthew McNair at 1:00 pm
Damn that sucks. You've produced most of the watch faces I actually use. I know there are thousands of apps submitted per day, but Google really needs to fix how they interact with devs. That is bullshit.