Currently MTA is seeking approximately $170 for royalties on StationStops for iPhone sales between October 21, 2008, and December 18, 2008.

This week’s outstanding claim: That during those first few months that StationStops was on sale in the iTunes store, it contained the following disclaimer language:

“Not Affiliated with MTA”

According to MTA legal, not only was this insufficient language, but it expressly and implicitly inferrred an initial and ongoing relationship with MTA.

?!

Yeah, that interpretation is recognized about as far as the end of that MTA lawyer’s desk.

If that wasn’t insulting enough, when I asked the same lawyer to specifically submit to me the disclaimer language as he wanted it to appear, he stated – and this is a quote:

“There is no such language!”

…and offered me an ultimatum – take down my website or face cease and desist.

He didn’t offer to submit me language – he refused to submit me language on specific request – and then MTA sent a cease and desist to Apple insisting that I had refused to cooperate on disclaimer language!

In summary:

1. StationStops for iPhone has always, at the very minimum, contained the following disclaimer on its iTunes Application Page: “Not affiliated with MTA”. Anyone who is not an MTA lawyer will agree this was a logical and responsible disclaimer and in no way sought to imply anything else.

2. StationStops has always offered – and specifically requested- MTA to submit the language they wanted to appear – and was flatly denied.

3. MTA made false and misleading statements in its cease and desist to Apple insisting I was unwilling to work on disclaimer language.

4. When MTA finally expressed what the disclaimer language should contain (after the C&D) – StationStops changed it immediately, as it would have at any time.

4. MTA is seeking royalties on the ground that my disclaimer, at one time, only consisted of ‘Not Affiliated With MTA’.

If you’re wondering why I haven’t the lousy $170 and be done with it – well, you’re reading the answer – here and in the press.

I want the public to be completely aware of MTA’s litigation behavior against my app every step of the way, and do not want to give them any token for their actions.

In case you’re wondering what the new disclaimer language MTA finally agreed on:

“StationStops for iPhone is not affiliated with MTA or Metro-North Railroad, neither of which has supplied, reviewed, approved or endorsed StationStops for iPhone. StationStops for iPhone is a compilation of schedule information that has been prepared by Camel and Penguin Consulting, LLC, who is solely responsible for such information being accurate, complete and up to date. StationStops has no affiliation with MTA or Metro-North schedule information.

If you have anything on a website or application which even remotely refers to anything that MTA (or SF MUNI) might think it owns, I suggest you add this disclaimer immediately, before MTA notices and comes knocking on your door with a C&D and seeks back royalties.