Sunday, May 15, 2011

Need help to not infringe copyright - iPhone Dev SDK Forum

Old Yesterday, 07:02 PM ? #1 (permalink)

Registered Member

?

Join Date: Feb 2011

Posts: 78


Hi I developed an app that may have caused infringement by using their pictures and name of a video game. I want to avoid this infringement by making the app legal as it can be. If I don't mention the name of the game anywhere and also I don't use any pictures but the app is intended to assist people to improve upon a game (the app is a training tool that just tells you what to do) will I be infringing them?

http://sea.blizzard.com/en-sg/compan...legal-faq.html


Last edited by ilmman; Yesterday at 07:16 PM.

ilmman is offline ? Reply With Quote
Old Yesterday, 10:16 PM ? #3 (permalink)

Registered Member

?

Join Date: Jan 2011

Location: South Florida, US

Posts: 249


You've stumbled into the chasm between 100% commercial and 100% editorial use. IANAL, and you should never take random strangers' legal advice (candy is okay, though), but I suspect you're more on the side of editorial.

Editorial use means you can directly use their images, etc. (not mad-crazy - just enough to make your point) and Blizzard would not prevail in a civil action against you. Please note, though, that there's a big difference between a judge saying "case dismissed" and Blizzard's legal team performing a wallet-ectomy. Both could happen. Your bosses might not like process servers showing up at the workplace on a regular basis, either.

If you believe in your app, consult your state bar for IP and copyright lawyers in your area. You should be able to tell your story without cost, and it shouldn't run you too much for them to do a once-over and advise you of any legal minefields your app might harbor.

I've heard nasty tales of Blizzard's legal team. Setup a meeting with a real lawyer, get some trustworthy advice, sleep better at night.

lgehrig1 is offline ? Reply With Quote
Old Yesterday, 10:18 PM ? #4 (permalink)

Registered Member

?

Join Date: Feb 2011

Posts: 78


Quote:

Strategy guides are allowed so far as I know. How will people know what they're getting if you never mention what it's for?

Its not a strategy guide.. its a build order program that tells you what to do at certain time.. For example at time 65 seconds into the app, my program will tell you to move here in which the user does what the app says.

I have recieved an infringement notice so I thought maybe if i take out their pictures and their name then I wont be infringing. I'm not certain with the legal stuff so I am asking for advice.

For example the app name was "StarCraft 2 Talking Build Order" If I just call it Talking Build Order and have "NO" pictures and "No" sound that is from the game, the only thing the program would do is just speaks out instructions to the app user at certain time, will it be considered infringing still?

Legal is so bloody confusing

ilmman is offline ? Reply With Quote
Old Yesterday, 11:12 PM ? #5 (permalink)

Registered Member

?

Join Date: Jan 2011

Location: South Florida, US

Posts: 249


Quote:

I have recieved an infringement notice so I thought maybe if i take out their pictures and their name then I wont be infringing. I'm not certain with the legal stuff so I am asking for advice.

...

Legal is so bloody confusing

Wow ... their legal team is damn fast.

If you've got a notice, get a lawyer. If they're just asking you nicely to take down the apps (yeah, looks like you kinda forgot to tell us about the Star Craft sound board app) consider yourself lucky, schooled, and move on.

Be warned - step 1 is takedown, step 2 is asking Apple for your contact information, step 3 is where it turns ugly. Hint: that sound board app is gonna cost you.

Get a lawyer. Emulate the porcupine (North American rodent, covered in sharp quills, bristles up into big spiky ball to discourage predators). Seek legal cover and maybe rethink your current design directions.

lgehrig1 is offline ? Reply With Quote
Old Yesterday, 11:32 PM ? #6 (permalink)

Registered Member

?

Join Date: Feb 2011

Posts: 78


Quote:

Wow ... their legal team is damn fast.

If you've got a notice, get a lawyer. If they're just asking you nicely to take down the apps (yeah, looks like you kinda forgot to tell us about the Star Craft sound board app) consider yourself lucky, schooled, and move on.

Be warned - step 1 is takedown, step 2 is asking Apple for your contact information, step 3 is where it turns ugly. Hint: that sound board app is gonna cost you.

Get a lawyer. Emulate the porcupine (North American rodent, covered in sharp quills, bristles up into big spiky ball to discourage predators). Seek legal cover and maybe rethink your current design directions.

Ok thanks, I think they just asked me to take it down.. seems like all the apps related to StarCraft are getting targeted and taken down as well.

Anyways I will explore other areas of programming will from my own from now on. SoundBoard was first app for learning, thought it was allowed because I saw another related app of the same game in the appstore and thought to improve upon it, guess I got too greedy so never again all deleted. It was making like $3 a week, will they sue me for that amount? or can they sue me for $10000000 considering I won't be able to pay off.


Last edited by ilmman; Yesterday at 11:53 PM.

ilmman is offline ? Reply With Quote
Old Yesterday, 11:47 PM ? #7 (permalink)

Helping Bitches

?

Join Date: Oct 2009

Location: Somewhere the streets are on fire, the sewers are flooded, and the cats are high on catnip

Posts: 454


Ah yes, the cruel cruel irony of the American copyright system. If only we lived in Japan where making fan made stuff was considered good.

iisword is offline ? Reply With Quote




? Online Users: 449
20 members and 429 guests
aaronabel53, adil, aldcorn@live.com, alpopek, arne1111, davidcoderlab, dbarrett, dljeffery, ethangreat1980, fritz32, interdev, kamibutt, masteras, mauri, nakhondev, nascient_nurd, PlutoPrime, PruthaDave, suresk, woody08
Most users ever online was 1,055, 05-04-2011 at 09:03 AM.

Source: http://www.iphonedevsdk.com/forum/business-legal-app-store/80457-need-help-not-infringe-copyright.html

avid stock market today quo vadis playstation network down panda

No comments:

Post a Comment

Note: Only a member of this blog may post a comment.