Copyright question

SethsAppsSethsApps Member, PRO Posts: 328
edited November -1 in Tech Support
Okay so I have been seeing a lot more games and apps out there either containing or mimicking a trademarked game name for PC or Mac. If I am a developer which I am and choose to release a game (for ex.) called Splinter Cell or whatever for the iphone is it legal to use that name?

If not would it be legal to use something like Splinter Cell Mobile? Just wondering for future knowledge thanks!

Comments

  • butterbeanbutterbean Member, PRO Posts: 4,315
    SurgeApps,

    I would think that Ubisoft has copyrighted the name "Splinter Cell" so I wouldn't think it would be okay to use that name...
  • QuinnZoneStudiosQuinnZoneStudios Member Posts: 452
    Also look at Trademark infringement too. If the name is trademarked, you are hosed. That's almost a bigger issue than copyright.
  • SethsAppsSethsApps Member, PRO Posts: 328
    But how can random people violate these on the app store and not get taken off per request of the trademarking company?
  • ChunkypixelsChunkypixels Member Posts: 1,114
    Well it all boils down as to why you'd even want to release a game, with the same name as another popular franchise.

    Theres only one reason, and thats to ride off the known franchise's success.

    Any company with such a well known franchise, is going to protect it, and not take kindly to people using it without their consent. Each company will treat it differently, depending on how blatant the violation is, how much it damages the original franchise, and how much money is involved.

    Most infringements on the app store will get caught... its just a matter of time though. The offending app has to be noticed by the copyright holder first, before Apple will do anything. With the amount of apps they have to deal with, they take an approach of letting anything through, and letting the copyright holders police it.

    Remember though.... once the copyright infringement/theft has been proved, Apple are then involved, and things step up big time....as they've been profiting from the activity too, by taking their share, and can be named in any litigation. Once a coyright violation has been brought to apples attention and proven, the App will be removed, and its highly unlikely that the developer will ever see any of the appstore profits...

    Basically though...why are we even talking about it...you obviously know its wrong, otherwise you wouldnt even be asking. Surely you followed recent the Duck Hunt episode... or maybe thats the problem?

    Which brings me to ask, why is DeadPixelZ releasing updates to his dodgy DuckHunt game, when he told us he'd spoken to Nintendo, and they'd told him they wouldnt give him the right to do the game, but he could keep it up for a week? Theres an updated version of it now on the appstore.

    Are Gendai aware that hes creating and uploading new builds for the appstore? I thought they said they'd spoken to him and resolved the situation?
  • design219design219 Member Posts: 2,273
    Chunkypixels said:
    Which brings me to ask, why is DeadPixelZ releasing updates to his dodgy DuckHunt game, when he told us he'd spoken to Nintendo, and they'd told him they wouldnt give him the right to do the game, but he could keep it up for a week? Theres an updated version of it now on the appstore.

    Whoa, you have got to be kidding.

    I can see no point in trying to develop a knock off game unless you hope to profit on the work of others. Be original. At least a little.

    _______________

    Nesen Probe http://itunes.apple.com/us/app/nesen-probe/id377766693?mt=8
    Tickle Stones http://itunes.apple.com/us/app/tickle-stones/id363484260?mt=8
    Food Fight! (free) http://itunes.apple.com/us/app/food-fight/id352646643?mt=8
  • quantumsheepquantumsheep Member Posts: 8,188
    Chunkypixels said:
    Well it all boils down as to why you'd even want to release a game, with the same name as another popular franchise.

    Theres only one reason, and thats to ride off the known franchise's success.

    Basically though...why are we even talking about it...you obviously know its wrong, otherwise you wouldnt even be asking. Surely you followed recent the Duck Hunt episode... or maybe thats the problem?

    This. A million times this.

    GS telling us that they've 'had words' is not really sending the correct message. Or any message at all, really.
    Chunkypixels said:
    Which brings me to ask, why is DeadPixelZ releasing updates to his dodgy DuckHunt game, when he told us he'd spoken to Nintendo, and they'd told him they wouldnt give him the right to do the game, but he could keep it up for a week? Theres an updated version of it now on the appstore.

    Oh ffs, really? If so, he's obviously learnt NOTHING.

    TWICE.

    Revoke his right to publish please GS, send a clear message that using this software of yours to infringe copyright is not on (it's against terms of service ffs)

    Otherwise you're opening the floodgates for more of these kinds of posts, and a buttload of bad karma.

    QS

    Dr. Sam Beckett never returned home...
    Twitter: https://twitter.com/Quantum_Sheep
    Web: http://www.quantum-sheep.com

  • butterbeanbutterbean Member, PRO Posts: 4,315
    quantumsheep said:
    This. A million times this.

    GS telling us that they've 'had words' is not really sending the correct message. Or any message at all, really.

    Oh ffs, really? If so, he's obviously learnt NOTHING.

    TWICE.

    Revoke his right to publish please GS, send a clear message that using this software of yours to infringe copyright is not on (it's against terms of service ffs)

    Otherwise you're opening the floodgates for more of these kinds of posts, and a buttload of bad karma.

    QS

    QS: YES, that times 1,000,000 PLEASE
  • gyroscopegyroscope I am here.Member, Sous Chef, PRO Posts: 6,577
    Ditto. i really can't see why or how Nintendo are being so "kind" to him. It's not as if he put Nintendo's name in credits somewhere, so they're getting some sort of reflected, er, glory, for want of a better word.

    ---------------------------------------------------------------
    Spiral Gyro Apps

    ""You are in a maze of twisty passages, all alike." - Zork        temp domain http://spidergriffin.wix.com/alphaghostapps

  • gyroscopegyroscope I am here.Member, Sous Chef, PRO Posts: 6,577
    DeadPixelZ said:

    I'm pretu sure that Ubisoft has already trademarked the title so you can't use it.

    Hi DeadPixels; I admire you; you must have a skin made of iron.

    ---------------------------------------------------------------
    Spiral Gyro Apps

    ""You are in a maze of twisty passages, all alike." - Zork        temp domain http://spidergriffin.wix.com/alphaghostapps

  • DhondonDhondon Member Posts: 717
    Is this true Deadpixelz?
    That you're updating it instead of removing it?
    And if it is; why?
  • quantumsheepquantumsheep Member Posts: 8,188
    The closed thread is here: http://gamesalad.com/forums/topic.php?id=7478&page=3

    On that particular page, he says:

    "So Guys, After talking with a Nintendo representative. He told me that they don't give copyright pass to independent developers because of the huge traffic they decline all the requests. He told me that I can keep my game in the app store for a week but no more than that. Conclusion I will remove the game from the App Store in 2-3 days."

    My emphasis there, as that was six days ago.

    So, instead of taking the game down as he himself stated on the 20th, he instead submitted an update that went through on the 18th. It's still available as well.

    I really don't know what to say... the audacity of it just astounds me...

    QS

    Dr. Sam Beckett never returned home...
    Twitter: https://twitter.com/Quantum_Sheep
    Web: http://www.quantum-sheep.com

  • CapCap Member Posts: 225
    MikeQuinn said:
    Also look at Trademark infringement too. If the name is trademarked, you are hosed. That's almost a bigger issue than copyright.

    Is there a good source where you can check game titles for copyright or trademark? Or is it just Google?
  • JamesZeppelinJamesZeppelin Member Posts: 1,927
    DeadPixelZ said:
    @SurgeApps

    There are two different things on protecting your property.
    It's copyright which protects logos, music, graphics, films etc.
    And there is Trademark which you protect tags, lines, titles that kind of thing.

    I'm pretu sure that Ubisoft has already trademarked the title so you can't use it.

    They woudnt even had to have trademarked anything.
    Neither really mean anything.
    If someone has proof they did something first thats all that is needed.
    Trademarks, copyrights and all that are just ways of making it official but, are by no means necessary.

    Ive said this on every thread on this subject. It all comes down to what someone is willing to fight for.

    ON the reverse a copyright doesnt guarantee anything either. You can still be sued. You will likely win but noen the less it all comes down to how far someone wants to take it.

    WHY TEST HOW FAR A LARGE COMPANY WANTS TO GO!
  • JamesZeppelinJamesZeppelin Member Posts: 1,927
    Cap said:
    Is there a good source where you can check game titles for copyright or trademark? Or is it just Google?

    If it exists someone owns it :)
  • POLYGAMePOLYGAMe Member Posts: 3,470
    Here's an idea... be original.
  • gyroscopegyroscope I am here.Member, Sous Chef, PRO Posts: 6,577
    POLYGAMe said:
    Here's an idea... be original.

    Hey, that's an original idea, POLYGAMe! :-)

    ""You are in a maze of twisty passages, all alike." - Zork        temp domain http://spidergriffin.wix.com/alphaghostapps

  • quantumsheepquantumsheep Member Posts: 8,188
    On itunes it says it was updated on June 18th.

    It's now June 24th.

    Which part of 'remove from the app store' do you not understand?

    Dr. Sam Beckett never returned home...
    Twitter: https://twitter.com/Quantum_Sheep
    Web: http://www.quantum-sheep.com

  • TrisTris Member Posts: 58
    DeadPixelZ said:
    I removed it ok. But I promise you It will be back and this time with new graphics.

    And a new name? New description?
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