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mw360

macrumors 68020
Aug 15, 2010
2,070
2,477
It's hardly just 'an image', it's a very controversial image and pretending otherwise, just because some people aren't yet attuned to the dog whistle, just isn't going to fly with adults. Just look at the reviews in the Google Play store. There's someone calling all positive reviewers neckbeards, there's another calling out libruls for calling everyone neckbeards, and their rest are just demented comments, the like of which you'd expect from neckbeards. It's hardly surprising Apple don't want their brand anywhere near that kind of toxic mess.

Apple's store belongs to Apple, they can ban whatever they please, and IMO it's fair, so long as there's adequate warning to prevent anyone wasting their time or money. Judging by the little display of foot-stamping going on in /r/The_Donald over this very topic, I'm guessing the developers are not in the least surprised or disappointed at how things are unfolding. Also Google haven't banned it, so presumably the free market will be sorting this out imminently.
 

jtara

macrumors 68020
Mar 23, 2009
2,008
536
It's essentially moot, in any case, as legal use would require licensing from the creator of the character. I wonder if the creator of the app got permission from the creator? And another app store rule requires proper licensing of materials.

The creator of Pepe has distanced himself from the controversy, is not happy about how some have used his character, and would be unlikely to give permission.

Update: the creator of Pepe killed him off completely. And, so, it is certain he would not license the character.

http://mashable.com/2017/05/06/pepe-meme-killed/#P64O9eZsjaqA
 
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Anonymous Freak

macrumors 603
Dec 12, 2002
5,605
1,389
Cascadia
"To a random person" it may be just a harmless, dopey-looking frog. But no "random person" is going to use it in an app (mostly because a random person won't have the permissions of the creator.) The only apps that would use it would be ones knowing full well the acquired meaning. (But also, using it without permission of the creator.)
[doublepost=1497413174][/doublepost]For reference, Calvin & Hobbes are also "banned", in that the creator refuses to license them, therefore there are no legally-licensed works with Calvin & Hobbes to appear in the app store. (The only exception is the official comics publisher's official app, obviously.)
 

Mcmeowmers

macrumors 6502
Original poster
Jun 1, 2015
427
268
Good points by all. I thought the 4chan/internet version of Pepe would have fallen under fair use as it is an altered version, but copyright and licensing is not my specialty.

My opinion is that it shouldn't be banned and Apple should make disagreeable content not show in rankings or make it difficult to search for, or for someone to stumble upon.
 
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huperniketes

macrumors regular
Jun 26, 2007
175
45
(0, 0, 0)
Good points by all. I thought the 4chan/internet version of Pepe would have fallen under fair use as it is an altered version, but copyright and licensing is not my specialty.

My opinion is that it shouldn't be banned and Apple should make disagreeable content not show in rankings or make it difficult to search for, or for someone to stumble upon.

I agree apps using the likeness shouldn't be banned as long as use is for satire, public commentary, etc. The amount of intolerance on both sides should be mitigated; and burying your head in the sand, regardless of your position, isn't going to help.
 

willmtaylor

macrumors G4
Oct 31, 2009
10,314
8,198
Here(-ish)
"To a random person" it may be just a harmless, dopey-looking frog. But no "random person" is going to use it in an app (mostly because a random person won't have the permissions of the creator.) The only apps that would use it would be ones knowing full well the acquired meaning. (But also, using it without permission of the creator.)
[doublepost=1497413174][/doublepost]For reference, Calvin & Hobbes are also "banned", in that the creator refuses to license them, therefore there are no legally-licensed works with Calvin & Hobbes to appear in the app store. (The only exception is the official comics publisher's official app, obviously.)
Watterson was notoriously strict with licensing and had little tolerance for the money grab outside of the art.

I've read he even used to have a small bookstore he frequented and would randomly sign copies of his books, but when folks discovered this and started buying and reselling them, he promptly quit.
 
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