Legal Advice needed.
So..... If i create a website and list all my games and apps. Am I required to contact every device maker and get permission to use their logo in addressing which platforms my games play on? Or do you think I wont be seen as a threat and probably not hear a word from them?
And do I need a legal document from Gamesalad to mention them in a description on how my games are made, or use their logo as a way of describing who i use to make my games? Or does my PRO account already give me that right?
Since we are getting all legal and such...
Oh did i break any laws making this screenshot for helping me explain my inquiry?
oh i cant wait for the first remark about how, I cant find legal advice at this forum. That I need to contact an attorney..
Comments
Here's a link to the GS guidelines . . .
http://forums.gamesalad.com/discussion/88311/gamesalad-trademark-guidelines-or-how-not-to-get-a-cease-desist#latest
. . . the same media guidelines will exist for each separate device-maker on their own website, a quick search should give you the information you need.
. . . .
For example: Apple:
https://www.apple.com/legal/intellectual-property/guidelinesfor3rdparties.html
From google play
http://developer.android.com/distribute/tools/promote/brand.html
Fortuna Infortuna Forti Una
im sorry but i dont feel that a forum post can be seen as "official" guidelines. especially when the post remarks say that its not official.
I find it funny how they shut down replies to that discussion. Cause I could ask my questions there. But obviously they dont want me to clear on their description.
I have a few examples that I feel follow the guidelines but unclear if they do. I could take their wording in those guidelines and turn what they are saying "contradictive"
@FINNBOGG So did you make this post to get some legitimate info and advice, or just to take another hit at Gamesalad?
You can clearly see other companies have perhaps more strict rules on their logos and such, so why not complain to them too? A registered trademark has the law on its side and the owner has the power to take action against its misuse, otherwise its considered abandoned.
Fortuna Infortuna Forti Una
Then if you need more detailed information I would contact GameSalad directly.
The thread is still open, you can post there if you like.
Why wouldn't they want their guidelines to be clear to people ? Is it so they can attack their users ?
Then it's best to check first if you are concerned.
It's Tony the Spider all over again, I've been there, I know your pain.
@Socks comments are disabled, only those who already have post in there and mods are able to still post there.
Fortuna Infortuna Forti Una
Lovejoy, I edited your post just to be safe, please be more careful in the future.
"against its misuse"..... i like that phrase. seems like guidelines deciding what "misuse" is. Just started today. or should I say the "enforcement" started today.
How do you as a company. Quietly accept and acknowledge a site as being a portal for learning or as a tool for learning. Not once in years have a issue with the way something is worded. Then all of a sudden go all "BAN HAMMER". If this "misuse" was so bad. Why take so long to cry about it?
Legal is Legal.. and right are rights. Im all for both. But...... logic is logic. Logic does not contradict itself. Attitude and personal feeling contradict logic. Thats for certain.
But I am also a firm believer that if you are going to be a @^#%#*$&;^. And make up some godly rules. Then make sure you word them properly. Dont come back and say. "Oh well IM changing the rules cause thats not what I meant" Cause like I said I can take most of those guidelines and turn them on themselves.
Say what ya mean.. mean what ya say. But be man enough and stick to it. Dont go changing the rules cause you didnt think long and hard enough. But I see that coming as well.
Ah, I see, sorry my mistake.
I blame the NWO.
I can not post there. Maybe the can individually decide who can and who can not speak. Im loving this control they are implementing.
Codewizard sent all members of the secret inner sanctum a coded message containing an encrypted password, this gives only us . . . sorry, I mean 'them' . . . the ability to access and comment in that thread . . .
Seriously, why do you think they wouldn't they want their guidelines to be clear to people ?
Yep, that's kind of what these guidelines are for, to define how materials can and cannot be used, a company's guidelines (on branding) will, by definition, define 'misuse'.
I'd say given recent issues GS decided to clarify how their branding is allowed to be used.
Because recently GSHelper has partnered with GameSalad as the official asset store making other asset stores business competitors.
Registered Trademarks have the law on their side, it can be argued but its there.
The new CEO has every right to enforce it, otherwise it risks losing its trademark. Just because the prior boss didn't care doesn't mean this one doesn't as well.
Logic is logic right, but like you said, legal is legal and thats what the law follows in this case.
I agree that a more official statement need to be put out, but even so Registered Trademarks have their own rules that must be followed.
So the new CEO is just suppose to maintain every decision made by the last one? See how wrong your sentence sounds?
Fortuna Infortuna Forti Una
Haha thanks, i think i heard someone at my door with some papers right before you did that!
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Looks like that forum had one box unchecked that prevented PRO's from posting comments to an existing thread. That oversight has been corrected.
Post away!
Dan Magaha · COO · GameSalad, Inc · danm@gamesalad.com
I dont see other topics that arent "closed" to be off limits to me. I get a " Dont have permission" page if i try to quote someone. Cant get a comment box no matter what i do.
I mentioned in a thread earlier. Its not good to go shunning all the people who helped you get where you are today. And GS " can I use "GS" as a description?" has shunned a few already that if not for them I wouldnt still be here. Before thery started the monthly. I had just signed up for a 1yr pro account. Why? Because of a template that was introduced to me via a email. That template got me to thinking. Then after a week I decided to jump back into gamesalad and signed a 1yr contract obligation. Hmmm should gamesalad get credit for that? NOPE. But I know who should. Like many others who should be getting credit. And slapping a sous chef title or giving a special badge...... isnt credit enough.
And no Im saying give them a few months and they will decide to change their rules again and again.
So you are saying.. now that GShelper is the official assets site. That means no one else can sell a template that can be used in the Gamesalad creator? Or does this new "LAW" mean you have to make sure you let your customers know that the template is not made by gamesalad.. but can be used in gamesalad as a learning tool?
So asset developer A... puts a template on his site that is used for GSC. Cant sell it on his site. Because GS deems it not to be GS worthy. But yet next year he submits it quietly to GS helper and they accept it..... cause it "is" GS worthy?
Like I said. Im seeing more attitude and personal feelings being at play here, than just mere logic. But hey I agree its not my company and I dont make the rules. But I however can make an attempt to understand them. Then even after understanding them. I still know that doesnt mean I have to like them. But I love logic hunting.
@FINNBOGG No "new law" was made. Rules are just being enforced by the owner which are in accordance to the law.
You can use the gamesalad name in a descriptive manner as stated in the guidelines post.
Fortuna Infortuna Forti Una
You keep avoiding the central question here, why do you think GameSalad would want their Guidelines to be unclear ?
Look at Android with similar guidelines
Fortuna Infortuna Forti Una
Well they arent clear. And until recently we were locked out of discussion. SO why would you stop someone from discussing and asking questions?
Like I said it was a error within the settings . I know that now.
All I know is that they laid down the BAN HAMMER. And what looked to be after a few remarks. they closed the ability to remark. So I was trying to understand as to why they would they close the ability to remark on the subject. Lets start listing reasons other than a setting error.
Maybe they was worried the real reasons behind this lil fiasco would start getting talked about. And go deeper and deeper to the point where they would have to come up with a reason to close it. Maybe they knew to much info was gonna come out over it? I dont know. All I know is that all of a sudden people who have been part of this companies backbone are getting pushed to the side.
Take away all the assests, templates, demos, and videos that have been created by someone outside of GS. And where would the be today?
GO back in time...
What do we need to do this month? Well we have all these bugs to fix and lord at all the features we need to get out. But we are losing alot of users because they have no learning tools or methods other than the few demos we have in the creator. No one is learning anything. Our emails are swamped with questions like..." how do I make a score/highscore in my game? Is there a video on that?" or " How can I make enemies spawn in different directions?" We cant answer all of them. Someone wanted to know why they have to go to a 3rd party site and pay a subscription to watch 50 videos on all the things they need to know on how to use GS.
SO what do we do today... do we work on bugs and features. Or do we spend weeks on making interesting and cool demos and videos and ignore the bugs and features. Features that if we dont have soon. we will start losing even more users. etc etc etc
That is the world GS would have been living the entire time if it had not been for some of the most advanced users.
All those templates and videos that have been made by non GS personnel. What ever dime they made. Is the dime that GS would have had to spend. Spend so they could stay focused on fixing bugs and features and juggling which ad service was gonna make them money.
Nobody closed the right to remark. The forum that Tan posted in was literally missing a single checkbox that prevented folks from commenting. That has been resolved.
What BAN HAMMER are you talking about? The last account we banned from the forums was a spambot.
Dan Magaha · COO · GameSalad, Inc · danm@gamesalad.com
Ok we will continue to refer the ban hammer to someones forum account and leave it at that.
We got our Cease and desist letter through the post today hand delivered by FedEx for those that don't think GS are serious.
You've still managed to leave the question unanswered, why do you think they would want there to be confusion over their guidelines ?
@Socks that seven legged spider is never gonna stand up in court
Seven legs ? I swear there were eight legs when I posted it ! Why are GameSalad changing the number of legs on our spiders !? In the past we've been allowed to post eight legged spiders, and now suddenly GS are only allowing seven ?
See line 27:, sec:53, addendum 153: All Gamesalad spiders shall be required to present only an odd number of legs, up to but not exceeding 27.
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I told you this all started because i couldnt make remarks. So my question was "why". And until I got an answer I was determined it was because they don't want people like me to stir the pot. If that doesn't satisfy you curiosity toward my animosity. I don't know what to tell ya. But it's obviously you stick to something about as much as I do.