[APP][4.04+] OBackup - BUG FIXED, BACK ON PLAY STORE [07/21/2013]

Which Cloud network do you use / want to use?

  • Box.com

    Votes: 23 22.3%
  • SkyDrive

    Votes: 4 3.9%
  • Sugarsync

    Votes: 1 1.0%
  • Other? (post which one)

    Votes: 3 2.9%
  • I am Ok with Google Drive / Dropbox / FTP / FTPS

    Votes: 72 69.9%

  • Total voters
    103
  • Poll closed .
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wizardknight

Senior Member
Nov 1, 2009
1,145
321
Seattle WA
I just found your backup app the other day, and it looks very cool.
I am getting md5 errors when I try to restore a backup created by the app when I am in the recovery restore.
I set the save location to be the same as the default recovery on the SD card.
I can see both backup files without issue, and the app says the backup was created correctly.
My backups are a little less than 700mb on average.
I have tried using the CMW split and large file options in the app settings with no change.

I have a Epic 4g touch (sprint s2) running Blend 3.0 GB rom with Rouge ET Recovery 1.1.2 / CMW 5.0.27
I am using the 1.27 version of orange backup.
I am saving the files to the local sd card only.


Are there any known issues using that recovery? Can anyone make any suggestions on what setting I might have wrong?
 

Mike B.

Inactive Recognized Contributor
Nov 17, 2011
3,140
3,173
/
I used CWM 5.0.27 (on a different device) for a while with earlier versions of OB without any trouble. If your errors report an md5 mismatch or a missing md5, can you get CWM to accept the backup after you fix the md5 from a Terminal prompt:

- cd to the backup directory that fails ("/sdcard/clockworkmod/backup/yourbackupname"?)
- rm nandroid.md5
- md5sum * > nandroid.md5

Until you get things working, I suggest you use the default OB/CWM options.


EDIT: "both backup files"? If you renamed the OB backup, make sure it uses a proper CWM name (i.e. only alphanumerics and underscore), else recovery will reject it and may spit out odd messages (including claims of a bad md5).
 
Last edited:

wizardknight

Senior Member
Nov 1, 2009
1,145
321
Seattle WA
EDIT: "both backup files"? If you renamed the OB backup, make sure it uses a proper CWM name (i.e. only alphanumerics and underscore), else recovery will reject it and may spit out odd messages (including claims of a bad md5).

I started with the default options. It never worked.
When the defaults didn't work, I tried using others.

Yes. Both files... ones created using CMW split and large file options in the app settings.
I did not rename the files.

Apps like nandroid manager say the md5 is just fine.
 

Mike B.

Inactive Recognized Contributor
Nov 17, 2011
3,140
3,173
/
Sticking to defaults until you get everything working is probably a wiser approach. You can always experiment with fancier options later.

Does onandroid by itself (executed from a terminal prompt) create backups that your recovery accepts?
 

snoopy33

Senior Member
Nov 27, 2005
1,497
2,633
Hi,

Sorry to answer so late, I had lots of stuff to do @ work.

Thank a lot to themadproducer and knääärz for their awesome mockups !!!!


I have to say I had both ideas (of course it is easy to say after you showed your work ;) ) but that's really true!

And like ESD, I think both design are relevant for their own purpose!

Here are my design ideas:
- giving a name to the backup: as you may have noticed (or not) I have modified the rate bar at the bottom of the screen. It has now a little cross and doesn't disappear after 10 seconds. You need to click the little cross. Moreover the button is now more obvious. I did that because I want to use it to much more things than just rating. I think it s a nice design pattern, you can ignore it, you can close it, or you can use it without being interrupted in your flow. With a dialog you are stopped, you need to click cancel to go through or yes or .... When I rewrote this bar, I made it easy to inject a view or change the purpose of the button. So my idea is just to make this bar appear when someone launch a backup, and have an edit box inside to enter the name of the backup. If you enter nothing, it will work too. I prefer that solution to the one to include the name field inside the main backup box as it is done in the mockup because the backup box is not just a backup box, it is a box to display the result of any command. It can be installing a beta, or xdelta, or installing the tools... I want to make this box consistent across the application. No user interaction in this box. So at the end there will be three zones over the list of backups : at the top of the main window (just under the bar where there is written "Backup", "Setting"...) are displayed some contextual messages for a few seconds -> gives information + no user interaction at all, in the middle of the screen there is the launch script box (like launch backup...) -> may have limited user interaction (stop hide start...), and finally bottom of the screen where there is the rate bar (which is not anymore only for the rating btw), where you can enter the name of the backup, and may be other things I have not yet think about.

- editing information is different. and as knääärz, I think it needs to appear only when needed and be hided most of the time. The idea of the bottom bar is good, but I have already a zone for that: the sliding menu which appears when you click an item in the list view. As you have noticed, when you click on a backup there is no more dialog, instead the menu slides and some buttons appear. To keep the experience consistent I am thinking to put the edit buttons in this zone. The main advantage over the bottom bar as it appears in the mockup is that the bottom bar needs a long click to be discovered. Most of the user will never see it. I mean as a user I would not try to long click just to check if something happens. I may long click an item in a file explorer because it s intuitive, I know there is an equivalent to right click in a file explorer, but in OB I am not sure it is intuitive to try the long click. So, IMO, sliding menu is a better option: new user won't see it directly, you need to open an item, so the function is kind of hided by default, and every one can discover it really easily. The experience of the sliding menu exists in the other parts of the application which is good.

What do you think about that ?

BTW, the fix I made for the CWM + Android 4.2.2 have created many new issues, so I will probably spend my week end on these bugs instead of implementing the Backup Manager layer ... but for sure I will do it because that's the most requested features by the users on the moderator page.

Regards
 

clbell

Member
Mar 20, 2013
6
1
I just downloaded this from the store to my Galaxy Note II running Clean ROM with TWRP recovery. Every time I try the backup to my external card, it goes through the backup process, apparently successfully, then at the end I get a notification that it was "canceled by user". I most certainly did not cancel it. I checked the backup location and nothing is there. What am I doing wrong?
 

snoopy33

Senior Member
Nov 27, 2005
1,497
2,633
I just downloaded this from the store to my Galaxy Note II running Clean ROM with TWRP recovery. Every time I try the backup to my external card, it goes through the backup process, apparently successfully, then at the end I get a notification that it was "canceled by user". I most certainly did not cancel it. I checked the backup location and nothing is there. What am I doing wrong?

Hi,


Can you post a log?

I think you have not the partition layout file installed. Can you check?

Regards
 

clbell

Member
Mar 20, 2013
6
1
Hi,


Can you post a log?

I think you have not the partition layout file installed. Can you check?

Regards

So, before I read your response, I decided to try the beta. I installed it and tried the backup again with the same result. After reading your response, I fired up the program and was immediately greeted with a request to install onandroid package. After doing this, I tried again and it worked. I am pretty sure when it was failing that it was correctly confirming that onandroid was installed.
 
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Reactions: snoopy33

knääärz

Senior Member
Mar 17, 2012
242
231
Alpha Centauri
Hi,

Sorry to answer so late, I had lots of stuff to do @ work.

Thank a lot to themadproducer and knääärz for their awesome mockups !!!!


I have to say I had both ideas (of course it is easy to say after you showed your work ;) ) but that's really true!

And like ESD, I think both design are relevant for their own purpose!

Here are my design ideas:
- giving a name to the backup: as you may have noticed (or not) I have modified the rate bar at the bottom of the screen. It has now a little cross and doesn't disappear after 10 seconds. You need to click the little cross. Moreover the button is now more obvious. I did that because I want to use it to much more things than just rating. I think it s a nice design pattern, you can ignore it, you can close it, or you can use it without being interrupted in your flow. With a dialog you are stopped, you need to click cancel to go through or yes or .... When I rewrote this bar, I made it easy to inject a view or change the purpose of the button. So my idea is just to make this bar appear when someone launch a backup, and have an edit box inside to enter the name of the backup. If you enter nothing, it will work too. I prefer that solution to the one to include the name field inside the main backup box as it is done in the mockup because the backup box is not just a backup box, it is a box to display the result of any command. It can be installing a beta, or xdelta, or installing the tools... I want to make this box consistent across the application. No user interaction in this box. So at the end there will be three zones over the list of backups : at the top of the main window (just under the bar where there is written "Backup", "Setting"...) are displayed some contextual messages for a few seconds -> gives information + no user interaction at all, in the middle of the screen there is the launch script box (like launch backup...) -> may have limited user interaction (stop hide start...), and finally bottom of the screen where there is the rate bar (which is not anymore only for the rating btw), where you can enter the name of the backup, and may be other things I have not yet think about.

- editing information is different. and as knääärz, I think it needs to appear only when needed and be hided most of the time. The idea of the bottom bar is good, but I have already a zone for that: the sliding menu which appears when you click an item in the list view. As you have noticed, when you click on a backup there is no more dialog, instead the menu slides and some buttons appear. To keep the experience consistent I am thinking to put the edit buttons in this zone. The main advantage over the bottom bar as it appears in the mockup is that the bottom bar needs a long click to be discovered. Most of the user will never see it. I mean as a user I would not try to long click just to check if something happens. I may long click an item in a file explorer because it s intuitive, I know there is an equivalent to right click in a file explorer, but in OB I am not sure it is intuitive to try the long click. So, IMO, sliding menu is a better option: new user won't see it directly, you need to open an item, so the function is kind of hided by default, and every one can discover it really easily. The experience of the sliding menu exists in the other parts of the application which is good.

What do you think about that ?

BTW, the fix I made for the CWM + Android 4.2.2 have created many new issues, so I will probably spend my week end on these bugs instead of implementing the Backup Manager layer ... but for sure I will do it because that's the most requested features by the users on the moderator page.

Regards

For me it is totally normal to do a long press. I mean the backup gets colored, when you press it. A normal holo app would show a menu with options. And when you press back this menu diappears again. OB doesn't do this. There isn't any long press function at all.
For me it is allways a bit irritating when I change from my heavy used apps, for example K-9 Mail, Chrome or gReader to OB. OB behaves a bit different. But don't get me wrong, my view point is always a little different :D.

I know you said that you don't like long press, but here is what I would do. Leave the "Delete" and "Restore" button and add all the other options in a menu which appears after a long press.

mockup2vbyf4.png


What I wan't to say, is that adding more and more sliding effects and buttons which are not normal android things (in my point of view), make it harder to use, if you are used to a standard. I know this extra ordinary is sometimes needed for the normal play store users to stand out. I also know that you have a lot of fun with the creating.

If OB would have holo everywhere, it would be clear how this must be realised. But I don't know how this has to be realised with your view on the design. In your post you mentioned a lot of ideas again. I think you know, how it fits best with the current look. Adding the edit buttons to the others doesn't sound bad.

I also saw this excellent user review. I asked myself, why this user never noticed, that he might be doing something wrong. Isn't it a bit strange when there are 21 1-star reviews and 416 5-star reviews. Too bad, that I can't answer him. Snoopy give him some special treatment :laugh:.

unbenannt1ezxv.png
 

themadproducer

Senior Member
Aug 28, 2009
2,815
1,340
Snoopy, are you saying that during a backup which was initiated with ONE CLICK..., we might be able to click a zone or button(s) to name/comment/park the backup currently in progress? If yes, that sounds good to me.

I didn't understand 100% what you were saying. I am on v28.b2 and I don't get an option to download for b3 (or b4) So maybe my UI is a bit different as well.

Editing
So the backup is finished...we have lets say...3 backups, and we want to edit #2. Are you(we... knääärz ) saying that clicking on the backup (not long press) will present the Slide down menu which gives us all our options (delete/name/comment/park) ???
Sounds good to me.
I would just consider the method that involves the least clicking.
 

snoopy33

Senior Member
Nov 27, 2005
1,497
2,633
Hi,

As you know the CWM detection bug was relativerly easy to understand, but to fix it is not simple.

The issue is simple, the folder /data/media needs some root rights to be accessed. So Orange backup can't read it directly (or any other application).

There was 2 solutions, (1) re write every single function to use the shell instead of Java implementation (which takes a huge amount of time and make the application very slow) OR (2) to change the right to the /data/media/clockworkmod folder and its subfolders to make it accessible to any application (in Java) like it is the case for the storage folder.

I have chosen the second path.

I have made lots of checks on my device, it seems to work for me, zipping and uploading included.

But only more test can validate the changes.

So I just pushed the beta 4 on the server.

Let me know how it works for you.

I hope to implement very soon the change we have spoken lately. The mockup done are really an awesome help. Even if I don't strictly follow them, it helps me to have a better idea of what is needed to be done. Thank you so much to their author.

BTW, my friend should have fixed ALL the issues relative to the server. If there are some remaining, let us know!


Regards
 

Mike B.

Inactive Recognized Contributor
Nov 17, 2011
3,140
3,173
/
Since the stable version in the Play Store is 1.28, the next beta should probably be 1.29b1. What's even more confusing is that the version on the server (1.28b4?) is still build 68, sames as the short-lived 1.28b3. Tighter version control might be wise. I'm no longer sure what I'm running, but at least it still seems to runs... ;)
 

themadproducer

Senior Member
Aug 28, 2009
2,815
1,340
Snoopy33
Tested today's beta4 and the previous version, and noticed that the RETENTION policy might be incorrect. To keep 2 backups, I needed to set it to 3. Alternatively, when I have it set for 2, OB only keeps 1. I did some extensive testing on this. I also chose to NOT delete any previous backups until/unless a new one is successful. Cheers.
 

snoopy33

Senior Member
Nov 27, 2005
1,497
2,633
Since the stable version in the Play Store is 1.28, the next beta should probably be 1.29b1. What's even more confusing is that the version on the server (1.28b4?) is still build 68, sames as the short-lived 1.28b3. Tighter version control might be wise. I'm no longer sure what I'm running, but at least it still seems to runs... ;)

Hi Mike,

Last version on Play Store is 1.27, so beta is 1.28.

I am pretty sure the last version of Orange Backup was 67 but I may be wrong and I have no way to check. Anyway, I now change the version just after the release.

As you said, most important is how it works :)

Regards
 

snoopy33

Senior Member
Nov 27, 2005
1,497
2,633
Snoopy33
Tested today's beta4 and the previous version, and noticed that the RETENTION policy might be incorrect. To keep 2 backups, I needed to set it to 3. Alternatively, when I have it set for 2, OB only keeps 1. I did some extensive testing on this. I also chose to NOT delete any previous backups until/unless a new one is successful. Cheers.

Thank you themadproducer,

I will check that point !

Regards
 

Mike B.

Inactive Recognized Contributor
Nov 17, 2011
3,140
3,173
/
1.28b3 was build 68, and now 1.28b4 is also build 68. I never saw a build 67, but that's OK as long as the number keep increasing for each build. This lack of version control means that it's impossible to rely on automated processes to properly backup various OB generations, making testing a hit-and-miss proposition and rather frustrating.
 

demlv

Senior Member
Sep 16, 2008
552
231
Las Vegas, NV
I just installed and tried out the latest beta, which is showing up as 1.28b4 on my device, a VZW Galaxy Nexus running cm 10.1 (Android 4.2.2). OB successfully makes backups and places them in the /data/media/clockworkmod folder, but as soon as the backup is completed I receive a notification indicating that the "Zip failed". This is exactly what has been happening for the last several days. So the latest beta has not changed any functionality for me.

I will point out that CWM / Rom Manager seem not to like nandroid names with periods in them, but I have nonetheless successfully renamed and restored an OB-created incremental nandroid.

At this point the key functions of OB are working for me, just not zipping and uploading to the cloud -- and I am happy to wait for those additional features, which I can continue to live without if needs be.

Keep up the good work Snoop!
 

smollah

Senior Member
Mar 19, 2013
102
5
Orange back does not work!

Few day ago I have installed Orange Back up apps. First time I have able to back (TWRP / Clock) but after some days I can not able to take back up (TWRP/ Clock) . When I start for Backup it began to back up but after few moments it the backup finished with " backuup cancel by user". But I don not cancel any the backup. Now what can I do ?
 

snoopy33

Senior Member
Nov 27, 2005
1,497
2,633
Snoopy33
Tested today's beta4 and the previous version, and noticed that the RETENTION policy might be incorrect. To keep 2 backups, I needed to set it to 3. Alternatively, when I have it set for 2, OB only keeps 1. I did some extensive testing on this. I also chose to NOT delete any previous backups until/unless a new one is successful. Cheers.

I have made some test, and I think it s worst... retention policy doesn't work at all!

That's why -> Release beta 5 (version code 69)

Available on the server!

Regards
 

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  • 329
    OBackup 1.35
    Backup your device to Cloud in one click


    BECAUSE OF AN ERROR WITH OUR SERVER I HAVE UNPUBLISHED THE APPLICATION FROM PLAY STORE

    THE ERROR IS NOW FIXED :)


    Application should came back on Play Store in the coming hours



    all_screens_together.png



    Overview

    :good: Make a backup, zip it and upload it on your Dropbox or Google Drive in ONE CLICK only !!! (upload is just a feature, you can make the backup and just keep it on your device)
    :good: Make it happen every night at 2AM or every two days at noon... or whatever you want
    :good: No need to restart your phone during the backup and miss some calls!
    :good: You can continue to use your device during the backup (may be laggy on slow device ;)).
    :good: CWM & TWRP support


    Download



    https://play.google.com/store/apps/details?id=com.pommedeterresautee.twoborange3


    Very clear explanation from Kantjer (original post here)

    Originally Posted by THE RED BLUR
    Im still a fan of the old trusted traditional way of backing up via cwm. But must admit I tried out Obackup recently and was impressed with it thanks to kantjers insistence :D

    On Samsung jb when using the app I never had to use a script so will need to look at that if its different for Aokp roms?

    Which one is better Online or OBackup?
    Answer from Kantjer:
    There basically 3 major developers involved in the world of online backup (online meaning no need to boot in recovery)

    1. ameer1234567890, who developed the "Online Nandroid Backup" script, this is the script making the actual online nandroid.
      The script can be run without any additional apps using a terminal emulator.
    2. snoopy33, he is the developer of "OBackup"
      OBackup is a frontend app that uses the Online Nandroid Backup script for the backup part. But offers a lot of additional features like like easy setup, scheduled backups and backup retention to name a few.
    3. H3R3T1C, is developing "Nandroid Manager"
      a dedicated app to manage all your backups and let you verify MD5 of backups, restore apps+data from nandroid backup and a whole lot of other nice things.

    So basically "Online Nandroid Backup"and "OBackup" should give you the same backup result, only if you want the nice extra options go for OB. Nandroid Manager is a great addition to compliment your set off backup tools.

    The good news for us as users is that the 3 developers are working closely together to ensure that everything is working nicely together and apps and script are compatible.

    A few tips for new users. I have seen a lot of people posting issues using "Online Nandroid" or "OBackup" and most off the time is due to only one off the following things.

    1. The user didn't install the correct device specific path, this is needed to tell the script where to find the boot and recovery partitions. You can find the patches here
    2. Don't start messing with selecting partitions to backup, leave that option disabled and OB will backup all the relevant partitions for you. Only use it if you need it and know what you are doing.
    3. Only use the SD-EXT option if you use apps like app2sd, link2sd, data2sd, etc... otherwise leave that option disabled.
    Good luck, and if you need any assistance place a port in the appropriate thread.
    Features

    * Easy Backup of your Device
    * Backup format: Nandroid (backup of absolutely ALL your data on your device)
    * Support CWM and TWRP (for beta tester only - Online Nandroid script version 7)
    * Automatic Zip of the Backup (with split zip option)
    * Automatic Upload to Dropbox OR Google Drive
    * Backup Planning every X days
    * Automatic Delete of old backups
    * Lots of advanced option (incremental backup, partition selection...)
    * Request patch file if not yet available
    * Uninstall any system application, not just freeze it
    * Kill any task (even system/hided one)
    * Elegant Interface
    * TASKER plugin
    * Nandroid Manager compatible

    Want to request a feature?
    http://goo.gl/mod/Dvmo
    Vote for one, or add a new one to the list!




    Bugs

    Did you find a bug? Please report it here!


    Reviews

    XDA Portal
    Reddit
    crewecustoms
    android-software.fr
    Tuto from tricksmash (I thought it was simple enough to not need a tuto)
    showmetech.com.br (unknown language)
    androidgalaxys.net (Italian)
    themobimag.com (Tutorial)
    blog.shift.it (Italian)
    landoftechnology.com
    dotekomanie.cz (unknown language)
    pocketables.com (first review)
    vnpda.com (Vietnamese)
    mojandroid.sk (Slovak)
    blog.toaninfo.com
    handheld.softpedia.com
    appzrev.com (very good review of the app)
    getandroidstuff.com (10 top new app of the week)
    blog.shift.it (Italian)
    folblog.it (Italian)
    addictivetips.com (very good review on a very good website)
    androidvzla.com (Italian)
    pocketables.com (second review)
    androidvenezuela.com (Spanish)
    perusmart.com (Spanish)
    droidtune.com (Russian)
    baixaki.com.br
    techtastico.com
    4tablet-pc.net
    actualidadg.com
    b4tea.com
    keddr.com
    kode-labs.blogspot.fr
    pocketables.com (comparison between several backup application)
    androidpipe.com
    dgtallika.com
    showmetech.com.br
    rewritetech
    androidsis
    hrjtricks
    newsgeek
    Video presentation in Italian
    OnlineNandroid script. :good:

    Big Thanks to everyone here, and in particular to Kantjer, Electricsheepdreamer, Knääärz and Ikjadoon for helping users since the beginning of this project and the many ideas they shared with me!!!


    Permission requested

    android.permission.ACCESS_COARSE_LOCATION -> Admob
    android.permission.ACCESS_FINE_LOCATION -> Admob
    android.permission.ACCESS_NETWORK_STATE -> upload to Dropbox
    android.permission.ACCESS_WIFI_STATE -> upload to Dropbox
    android.permission.GET_ACCOUNTS -> push notification (new option to come)
    android.permission.GET_TASKS -> task killer
    android.permission.INTERNET -> Device recognition / Upload
    android.permission.KILL_BACKGROUND_PROCESSES -> task killer
    android.permission.READ_EXTERNAL_STORAGE -> backup
    android.permission.READ_PHONE_STATE -> backup
    android.permission.RECEIVE_BOOT_COMPLETED -> Scheduler
    android.permission.VIBRATE -> backup
    android.permission.WAKE_LOCK -> backup / zip / upload
    android.permission.WRITE_EXTERNAL_STORAGE -> backup / zip
    35
    Ok I have missed an important email dated of last Friday from the Play Store notifying me that Orange asked to ban me because of the name "Orange Backup".

    Here is their request:

    This is a notification that your application, Orange Backup ★ Onandroid, with package ID com.pommedeterresautee.twoborange3, has been removed from the Google Play Store in the following jurisdictions: EU.
    REASON FOR REMOVAL: Alleged trademark infringement.
    Google has been notified that aspects of your application, Orange Backup ★ Onandroid, allegedly infringe upon the trademarks of others, and it has been removed from the Google Play Store due to a violation of the Content Policy.
    All violations are tracked. Serious or repeated violations of any nature will result in the termination of your developer account, and investigation and possible termination of related Google accounts.
    You may contact Orange Brand Services Limited at ***@orange.com. If Orange Brand Services Limited contacts us specifically authorizing your app to be re-published, and your app does not otherwise violate the Developer Distribution Agreement and Content Policy, we will reinstate the app.
    Please note that we have included a text copy of the Infringement Notice we received for your reference. If you have any further concerns about this issue, please address them directly to the complainant in the Infringement Notice provided below.
    The Google Play Team
    Text Copy of Infringement Notice:
    ***@orange.com


    to support-portal@google.com




    AutoDetectedBrowser: Firefox 1
    AutoDetectedOS: Windows 7
    IIILanguage: en
    IssueType: lr_trademark
    Language: en
    address: The Point, 37 North Wharf Road, London, W2 1AG
    agree1: checked
    android_app_developer_1: XDA Developers
    android_app_name_1: Orange Backup ★ root
    android_app_url_1:
    https://play.google.com/store/apps/...S5wb21tZWRldGVycmVzYXV0ZWUudHdvYm9yYW5nZTMiXQ
    companyname: Orange Brand Services Limited
    country_residence: GB
    form: trademark_complaint
    full_name: ***
    hidden_ctx:
    hidden_product: googleplay
    origin: helpcenter
    phone: ***
    signature: ***
    signature_date_day: 29
    signature_date_month: 4
    signature_date_year: 2013
    tm_good_faith: checked
    tm_infringement_explanation: The app is called "Orange Back-Up" which
    suggests it is a back-up service offered by Orange - the globally
    recognised telecommunications brand.

    Orange Brand Services Limited has extensive intellectual property rights
    including numerous trade marks protecting Orange as part of its global
    trade mark portfolio.



    The Developer has no rights to use Orange Brand Services Limited's "ORANGE"
    trade marks and there is no authorized use of Orange by the trade mark
    proprietor to the Developer.

    We are most concerned that this could cause confusion and our concerns are
    heightened as the description provided states that "this application is not
    linked in any way with Orange Telecom". This suggests there may have been
    confusion and the Developers are aware of this problem.

    Orange uses a similar colour palette (orange, white, black and grey) for
    its communications and apps so there is very little to distinguish this app
    (orange on a black background) from a genuine Orange app.

    Orange has its own apps and does not wish for there to be any confusion
    with Orange's own apps and this one.

    We should be grateful if you would remove this app before it damages
    Orange's reputation by causing customer confusion.
    tm_location_and_number: ORANGE - CTM registration number 8164758 in
    classes: 09, 16, 18, 25, 35, 36, 37, 38, 41 and 42.

    European Community together with a global trade mark portfolio protecting
    the word "ORANGE" and the orange colour (pantone 151) and square device/
    logo in a large number of countries throughout the world.
    tm_swear: checked
    tm_work: "ORANGE" word trade mark.
    your_title: Senior Legal Counsel





    And here is my answer:

    Hi ***,


    I am the developer of the Orange Backup application.


    I have just been notified that you have requested the removal of this

    application on the Play Store in every European Country in a claim to

    Google dated as of 29/04/2013.


    I am very surprised that you didn't take the time to contact me

    before asking to Google to remove my application.


    According to your claim, I understand that you have protected the word

    Orange and the squared Orange logo.


    "European Community together with a global trade mark portfolio protecting

    the word "ORANGE" and the orange color (pantone 151) and square device/

    logo in a large number of countries throughout the world. "


    You have based your claim on the CTM n 8164758:

    "tm_location_and_number: ORANGE -

    CTM registration number 8164758 in classes: 09, 16, 18, 25, 35, 36,

    37, 38, 41 and 42."


    I have attached to this email the Certified copy of the Registration

    Certificate with the registration number 8164758 as extracted from

    OHIM website.


    According to the attached certificate, the word mark "ORANGE" is

    protected for these classes *only*: 14, 18, 21, 26, 28, 30 ,35, 36,

    38, 39, 41 and 43.


    Interpretation of NICE classification can be found at this address:

    http://web2.wipo.int/nicepub/editio...lat&explanatory_notes=hide&basic_numbers=show (tenth edition)


    As described in the Play Store, the application "Orange Backup" is a

    software to make a "Nandroid" backup. Nandroid backup is a backup of

    all the device. It is needed to restore a software broken device

    because of some software low level modification (very common on

    android platform). It doesn't backup on a file per file basis but data

    as a whole (technically it backups the totality of a partition in a

    single image file), that's why when opening the application in an

    Android device, you will see that there is no option to select a

    specific file to backup.


    When using Orange Backup application, all software plus the data,

    the boot/recovery partition (needed to start any Android device),

    and other very low level data are backed up and can be restored as a

    whole in the future.


    To make it simple, it is like taking a picture of the state of the

    data of your Android device at a given time, and being able to go back to

    this exact state in the future.


    This application is clearly an Android device *recovery* application.


    Because of the main purpose of the application, it seems to me that it

    falls in the class 42 as it is defined in the NICE classification, and

    in particular in section "420175 - recovery of computer data".


    This class is cited in the claim you have sent to Google but is not

    listed in the Community Trade Mark with registration number 8164758.


    The second point that I have noticed is that the brand protected is

    "ORANGE" and not "Orange Backup". Moreover, a simple search of

    "orange" word on the Play Store

    (https://play.google.com/store/search?q=orange&c=apps) shows a huge

    number of application having Orange word in their name. All the one I

    tried are not banned in France. It doesn't match with the reasons you

    gave in your claim to Google (confusion in the mind of the user).

    "We should be grateful if you would remove this app before it damages

    Orange's reputation by causing customer confusion. "


    So it seems to me that "Orange Backup" name is not violating the

    Community Trade Mark 8164758 because the application is in class 42

    and the name is "Orange Backup". So I think that your claim to Google

    have no legal basis which is very unfortunate because you are causing

    me a real prejudice.


    However, even if I don't think I am violating your CTM, I want to

    close this case very rapidly and would agree to a deal.

    [REMOVED SENSITIVE DATA]


    So here is the deal I want to make with your company:

    I would agree to change immediately the name of the application from

    "Orange Backup" to "2BOrange". With this new name there is no risk to

    create any confusion between my application and "ORANGE" brand.

    Moreover, this new name is even farther from the domain protected by

    your CTM. In exchange I am asking you to notify to Google that my

    application is not infringing your brand anymore.


    For obvious reasons, I will keep the community following this

    application informed of what is happening, so they will understand why

    the application is not available anymore through the Play Store.


    Please, answer to this message *promptly* so I will know you are

    taking care of this case.

    Otherwise I will have to take a legal action against your company.



    Best regards,
    ***


    To make it simple, a brand is not protected for everything. You need to declare how you think to use it, and you need to use it the way you have described...

    Fortunately I think Orange's claim is not legally based, and so I have a chance to make a deal with them.

    Indeed, I don't think I am violating their brand because the ORANGE brand is not protected when it is used for a recovery software (you can protect a brand only for certain use).

    Even if I am happy that my case is strong, I am angry for two reasons, :
    - Orange didn't take the time to contact me first!
    - ...and Google didn't check the information provided by Orange, which are false (domain protected by the Brand in the claim does not match the domain protected by the brand as declared at the registration of the brand, it takes few minutes to check!).

    However, I want things to be fixed rapidly and I have asked them to remove their claim if I change the name of the application to "2BOrange".

    I keep you informed of the evolution. Tomorrow I hope to will get some news.

    It s really bad because I have wasted my day in writing the email, correct it and make legal search instead of programming...

    Thank you Google for protecting Indie dev against brand owner.


    Regards

    Edit: in case you care, I am not answering Orange email as a Lawyer but as the developer of an Android application, so I have not to respect the Lawyer French ethic code, and in particular the secret of correspondence.

    The Orange brand registration document (list the protected class):
    https://www.dropbox.com/s/fscxk0zn25t1qy1/I_TM_0007031593_0.pdf

    Edit2: updated my email with the last version... of the email!
    23
    Awesome news!!!

    Guess....


    Orange agreed on asking to Google to un ban us!

    Don't know how much time it takes, but that's great!!!!! :victory: :fingers-crossed: :good: :good: :good:

    Regards
    19
    Too much time lost on this legal stuff...

    Let s focus on real things.

    I rewrote the file rights part.

    Let me know if it improves things for you.

    Regards

    -> release v 1.29 beta 1
    18
    Just to continue to keep you informed, I have not yet sent the email, I use to prepare things and wait few hours before sending the stuff on the net.

    I did my jogging and realized that the use of maintenance software category to explain why Orange Backup should be classified in category 42 is weak. There are many way to understand maintenance software. You may say it is the service to keep software updated or something like that.

    So I searched something else, and here came a little miracle!!!

    I re read the NICE guideline, and found something really interesting. There is a category for recovery software in class 42.

    To make it short, they are not protecting the use of Orange word for Software in the class 42. I think it makes my case really strong.

    I am really happy of that finding!

    Moreover I have added an idea from this thread to the email: I have highlighted the fact that there are still tons of application having Orange in their name and not banned!


    Finally, I will write to some blogs what happened, because the system is not fair for indie dev.

    We all now the brand protection concept. There are some abuse, it s well know, and that's not what I want to speak about.

    The real issue here is how Google manage the thing:

    1/ They didn't check the claim from Orange because there is an obvious error inside it (the list of class protected in the claim don't match the real registration, it took me few minutes to check if what Orange was saying was true).
    2/ And the second big issue is that acording to the email from Google it is up to the owner of the brand (Orange) to decide if I will be un banned or not.

    My case is just an example of what can happen where the owner of a brand (big money able to pay to protect a word like the color Orange) abuse of its right.

    And even if Orange is right for some reasons I am not aware today, the system of Google letting the owner of the brand deciding of the future of the other application, it s just a break of the most basic justice rule, you can't be at the same time a judge and a party!

    Because I never read something about this matter, and I thing any dev should be aware of that, I will do my best to make some noise. It has to change!

    If some of you knows an Android blogger, let him know about this story. Anyone interested can contact me by PM if there is a need for more information.


    Regards