Yesterday, 07:02 PM
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? #1 (permalink) |
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Registered Member ?Join Date: Feb 2011 Posts: 80 |
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. |
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Yesterday, 10:16 PM
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? #3 (permalink) |
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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. |
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Yesterday, 10:18 PM
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? #4 (permalink) | |
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Registered Member ?Join Date: Feb 2011 Posts: 80 |
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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 |
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Yesterday, 11:12 PM
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? #5 (permalink) | |
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Registered Member ?Join Date: Jan 2011 Location: South Florida, US Posts: 249 |
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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. |
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Yesterday, 11:32 PM
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? #6 (permalink) | |
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Registered Member ?Join Date: Feb 2011 Posts: 80 |
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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. |
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Yesterday, 11:47 PM
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? #7 (permalink) |
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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. |
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Today, 04:44 AM
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? #8 (permalink) | |
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Registered Member ?Join Date: May 2011 Posts: 2 |
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I was contacted by Apple because of a copyright infringement notice they got from Blizzard's lawyer. I was advised to take down the app by a friend of mine, but decided I'll leave it like it was because it had only like 2-3 images from SC2 and the word Starcraft in the title, so I wrote back, to them asking, exactly what should be removed, but received no reply. Sure enough, after 5 days my app got removed from sale by Apple. I didn't make tons of sales anyway, so I don't care that much, but I would suggest to anyone in this situation to immediately take down the app by turning it off for all territories (so that apple won't remove it from sale) and submit an update by removing all references to Blizzard's copyrighted artwork (app image, icon, app name, etc.) and ask Apple for an expedited review of your update. Pretty sure if I would've done that, my app would still be in the store, and I'm hoping once I submit the update, Apple will reconsider. |
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Today, 04:47 AM
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? #9 (permalink) | |
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Registered Member ?Join Date: Feb 2011 Posts: 80 |
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i also noticed SC2Cast had to change pictures... I want to remove all pictures and use not use their name, but the person I emailed hasn't responded yet.
Last edited by ilmman; Today at 04:52 AM. |
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Today, 05:04 AM
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? #10 (permalink) |
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Registered Member ?Join Date: May 2011 Posts: 2 |
I had an SC2 guide, but it wasn't all fancy using all those units and interface images that you can see currently on the appstore. I don't see a way for them to stay there if they send them the dreaded notice. "I want to remove all pictures and use not use their name, but the person I emailed hasn't responded yet. " Who have you e-mailed, the lawyer? Don't expect to get a reply before the 5 days Apple gave you (you may or may not get a reply, but it's better to be safe and react fast). Turn it off, submit an update removing all starcraft images and Starcraft from the name, and ask for an expedited review and you should be fine. And yea, I saw sc2casts did that too. I guess they're really cracking down on all starcraft apps |
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Today, 05:26 AM
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? #11 (permalink) | |
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Registered Member ?Join Date: Feb 2011 Posts: 80 |
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I guess the lesson I learned is... do your research before you do something. I wonder if I will get paid for the apps i sold as well.. hmmmm |
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