dgackeyAustin, TXInactive, PRO, Chef EmeritusPosts: 699
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Dan Magaha · COO · GameSalad, Inc · danm@gamesalad.com
So, what is the official policy on making courses? Obviously, any professional course - taught in a college or on someplace like uDemy - does in fact, bring SOME financial gain to the teacher - though in both contexts, it is for educational purposes.
@ookami007 said:
So, what is the official policy on making courses? Obviously, any professional course - taught in a college or on someplace like uDemy - does in fact, bring SOME financial gain to the teacher - though in both contexts, it is for educational purposes.
i think as long as you don't use their trademarks to infer that you are some official offering you would be ok. i see tons of people teaching stuff on Udemy. I've bought courses on Unity, Swift, Sketch... all by random people. but i am not a lawyer.
@adent42 said:
For example a "GameSalad template" is incorrect, but a "template made for GameSalad Creator" is okay. The first phrase uses our trademark, while the second phrase is a descriptive statement of fact.
So you can definitely make a course, and profit from it, so long as you say "A course for GameSalad" or something similar, but you can't say "A GameSalad course".
For the logo, you seem to need to ask for written permission, but I'm sure they'd grant it for that kind of use.
@ookami007 said:
But, obviously the logo appears in the product, which is in the video lessons on the uDemy course.
That's clearly covered, so you've got nothing to worry about there:
@adent42 said:
In the case of the GameSalad logo, the existence of the logo in an illustrative context is acceptable but not if it’s used to directly advertise your products.
For example: if you take a screenshot of a computer screen with the GameSalad logo in the shot for the purposes of illustrating how to use a template in a tutorial, that is okay.
That's clearly covered, so you've got nothing to worry about there:
That's still a bit overly broad and subject to interpretation. And if they interpret it one way, and you and I interpret it another way... Granted, Abdul-Jabbar v. General Motors Corp., 85 F.3d 407 (9th Cir. 1996) and New Kids on the Block v. News America Publishing, Inc., 971 F.2d 302 (9th Cir. 1992) make it pretty clear it would be considered nominative fair use, but both those cases are in the 9th circuit, whereas neither I (Pennslyvnia or GameSalad in Austin,TX) are in the 9th circuit, though Pebble Beach Co. v. Tour 18 I Ltd., 155 F.3d 526 (5th Cir. 1998) IS in the 5th circuit (covers Austin, TX) and not only validates the 9th circuits judicial doctrine of nominative fair use, it actually puts the burden on the plaintiff to prove brand confusion and/or damage.
In my district (3rd), the nominative fair use defense has been recognized, but not really invoked yet, see The Nasdaq Stock Market, Inc. v. Archipelago Holdings, LLC, 336 F. Supp. 2d 294 (S.D.N.Y. 2004).
Still, I find that in most legal issues, the only real winners are the lawyers.
When it comes down to it, Gamesalad whether right or wrong, has every right to send a Cease & Desist letter and/or file a trademark infringement lawsuit. It is then up to the other party to decide whether to just comply or defend yourself, in which case you either get a lawyer or represent yourself. So then it Becomes Gamesalad vs you, if you hired a lawyer specializing with trademarks then get ready to pay some money. And its not a guaranteed win, even if you believe the trademark is being used in fair use or whatever else guarantee your lawyer tells you. It is up to the courts, and the courts are still split on what is fair use and not. So like @ookami007 said, only the lawyers end up winning.
@Chunkypixels said:
I understood most of the individual words... but as a combined whole, it was just a big blur of gobbledygook
Then you read it correctly. Most law is gobbledygook and case law gets even worse, since you have to go back and look at the opinion, what district and the circumstances of the case to decide whether it applies.
My girlfriend found that out the hard way when she became a certified paralegal and now that my niece is studying law, I get it from both sides!
That's why most lawyers specialize. You learn the case law in your district and then use precedent (existing case law) to backup your position. It usually ends up being the one with the most precedents or the most applicable precedents who win.
Comments
@Lost_Oasis_Games said:
4:06
Lmao. I love that he reaches for a Fosters instead of water..
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@NimbleBug, this thread is for Q&A relating to the topic at hand. If you'd like to discuss complaints about the product, feel free to click the question-mark icon and send them in to the team.
Thanks!
Dan Magaha · COO · GameSalad, Inc · danm@gamesalad.com
So, what is the official policy on making courses? Obviously, any professional course - taught in a college or on someplace like uDemy - does in fact, bring SOME financial gain to the teacher - though in both contexts, it is for educational purposes.
i think as long as you don't use their trademarks to infer that you are some official offering you would be ok. i see tons of people teaching stuff on Udemy. I've bought courses on Unity, Swift, Sketch... all by random people. but i am not a lawyer.
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Until I see something in writing, I'm putting a halt on my scheduled college course and uDemy course development.
So you can definitely make a course, and profit from it, so long as you say "A course for GameSalad" or something similar, but you can't say "A GameSalad course".
For the logo, you seem to need to ask for written permission, but I'm sure they'd grant it for that kind of use.
Contact me for custom work - Expert GS developer with 15 years of GS experience - Skype: armelline.support
Actually, neither my college course nor my uDemy course use the logo or the name GameSalad in the name of the course.
But, obviously the logo appears in the product, which is in the video lessons on the uDemy course.
That's clearly covered, so you've got nothing to worry about there:
Contact me for custom work - Expert GS developer with 15 years of GS experience - Skype: armelline.support
That's still a bit overly broad and subject to interpretation. And if they interpret it one way, and you and I interpret it another way... Granted, Abdul-Jabbar v. General Motors Corp., 85 F.3d 407 (9th Cir. 1996) and New Kids on the Block v. News America Publishing, Inc., 971 F.2d 302 (9th Cir. 1992) make it pretty clear it would be considered nominative fair use, but both those cases are in the 9th circuit, whereas neither I (Pennslyvnia or GameSalad in Austin,TX) are in the 9th circuit, though Pebble Beach Co. v. Tour 18 I Ltd., 155 F.3d 526 (5th Cir. 1998) IS in the 5th circuit (covers Austin, TX) and not only validates the 9th circuits judicial doctrine of nominative fair use, it actually puts the burden on the plaintiff to prove brand confusion and/or damage.
In my district (3rd), the nominative fair use defense has been recognized, but not really invoked yet, see The Nasdaq Stock Market, Inc. v. Archipelago Holdings, LLC, 336 F. Supp. 2d 294 (S.D.N.Y. 2004).
Still, I find that in most legal issues, the only real winners are the lawyers.
Pandora's box has been opened.
Guru Video Channel | Lost Oasis Games | FRYING BACON STUDIOS
I think they've been pretty explicitly clear, but the best advice is the same regardless of the company: Ask for specific permission.
Contact me for custom work - Expert GS developer with 15 years of GS experience - Skype: armelline.support
I understood most of the individual words... but as a combined whole, it was just a big blur of gobbledygook
All sounds very over-complicated regarding legal shite in the US.... or maybe its just meant to sound complicated to baffle and scare us small people
When it comes down to it, Gamesalad whether right or wrong, has every right to send a Cease & Desist letter and/or file a trademark infringement lawsuit. It is then up to the other party to decide whether to just comply or defend yourself, in which case you either get a lawyer or represent yourself. So then it Becomes Gamesalad vs you, if you hired a lawyer specializing with trademarks then get ready to pay some money. And its not a guaranteed win, even if you believe the trademark is being used in fair use or whatever else guarantee your lawyer tells you. It is up to the courts, and the courts are still split on what is fair use and not. So like @ookami007 said, only the lawyers end up winning.
Fortuna Infortuna Forti Una
Lol
Guru Video Channel | Lost Oasis Games | FRYING BACON STUDIOS
Then you read it correctly. Most law is gobbledygook and case law gets even worse, since you have to go back and look at the opinion, what district and the circumstances of the case to decide whether it applies.
My girlfriend found that out the hard way when she became a certified paralegal and now that my niece is studying law, I get it from both sides!
That's why most lawyers specialize. You learn the case law in your district and then use precedent (existing case law) to backup your position. It usually ends up being the one with the most precedents or the most applicable precedents who win.
Which of course, means lots of billable hours!