Droid theme developers - How do you not get sued?
This is a discussion on Droid theme developers - How do you not get sued? within the Droid Themes forums, part of the Droid Hacking category; In looking at the droid market, I see a ton of themes based on intellectual property that hasn't been licensed (movies, tv, sports, etc.)
My ...
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Droid theme developers - How do you not get sued?
In looking at the droid market, I see a ton of themes based on intellectual property that hasn't been licensed (movies, tv, sports, etc.)
My question, is this ok? How do you not get sued by the owner of said IP? Is simply putting 'Copyright held by respective owners" enough?
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Holliday, I think most of the time it doesn't pose any threat to those copyright owners. However, a simple disclaimer stating you have no intention of copyright infringement and all copyrighted and trademarked material belongs to their respective owners should be enough. Just if they ask you take it off, just take it off.
EDIT: Also, the themes you see in the market aren't the same themes that most of us here develop.
Last edited by realigion; 08-05-2010 at 11:14 PM.
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Just be careful, one of the fellow themers here was sued due to copyright infringement on some of his sports themes, I believe it was the NFL. It was a pretty large fine, with a nice chunk of it due up front.
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Originally Posted by
WAHarris
Just be careful, one of the fellow themers here was sued due to copyright infringement on some of his sports themes, I believe it was the NFL. It was a pretty large fine, with a nice chunk of it due up front.
got a link??
Sometimes a "smartphone" is only as smart as its user.
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Originally Posted by
bamfsig45

Originally Posted by
WAHarris
Just be careful, one of the fellow themers here was sued due to copyright infringement on some of his sports themes, I believe it was the NFL. It was a pretty large fine, with a nice chunk of it due up front.
got a link??
I don't think it was ever posted on the boards.
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That doesn't surprise me, it's the NFL we're talking about. They'll sue you if you use a number with someone's name on it without permission. Very picky.
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Originally Posted by
Holliday88
In looking at the droid market, I see a ton of themes based on intellectual property that hasn't been licensed (movies, tv, sports, etc.)
My question, is this ok? How do you not get sued by the owner of said IP? Is simply putting 'Copyright held by respective owners" enough?
People haven't been sued because the IP owners haven't caught on yet. I'm sure Nintendo could have a field day with all the people profiting off of Mario and Zelda.

Originally Posted by
bamfsig45

Originally Posted by
WAHarris
Just be careful, one of the fellow themers here was sued due to copyright infringement on some of his sports themes, I believe it was the NFL. It was a pretty large fine, with a nice chunk of it due up front.
got a link??
While there isn't really a link to share, if you look back @ some of his tweets you can see him talking about it.
jairomeo (JaiThemes) on Twitter
Maybe put him on follow and see how things pan out.
Check me out on the market. Search "pub:kovdev"
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Originally Posted by
Koveleski

Originally Posted by
Holliday88
In looking at the droid market, I see a ton of themes based on intellectual property that hasn't been licensed (movies, tv, sports, etc.)
My question, is this ok? How do you not get sued by the owner of said IP? Is simply putting 'Copyright held by respective owners" enough?
People haven't been sued because the IP owners haven't caught on yet. I'm sure Nintendo could have a field day with all the people profiting off of Mario and Zelda.

Originally Posted by
bamfsig45

Originally Posted by
WAHarris
Just be careful, one of the fellow themers here was sued due to copyright infringement on some of his sports themes, I believe it was the NFL. It was a pretty large fine, with a nice chunk of it due up front.
got a link??
While there isn't really a link to share, if you look back @ some of his tweets you can see him talking about it.
jairomeo (JaiThemes) on Twitter
Maybe put him on follow and see how things pan out.
I'm not following part of your argument - you spoke of people "... profiting off of Mario and Zelda". I have NEVER seen a theme on any of the forums with a price on it. Yeah, the developers ask for donations, but that really is a voluntary thing, and it's not exactly "X amount of dollars, for the use of my theme, whose characters and images I lifted from another source"
I don't think any of the themers are really making money off the process. Most of them do it because they enjoy doing it and like sharing with others or enjoy the accolades they get from the grateful users. Of course there are still laws dealing with intellectual property rights and copyright violations, but the flip side of that is the publicity the use of the themes generates for the actual owners of the characters/ideas which are depicted in the themes. You see a theme on a phone dealing with Batman, you're gonna think "BATMAN!", and think about either the DC Comics or the Warner Brothers movies, and maybe go rent or buy one of the films.
My point in this long post is that no one is making much money, if any, off these themes. The themes are a source of enjoyment for most people who use them, and the most the developers usually get for their efforts is just gratitude.
My two-cents worth...
-Mike
Actually, I'm not a developer - but I did stay at a Holiday Inn Express once.
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Originally Posted by
UltraDroid
The themes are a source of enjoyment for most people who use them, and the most the developers usually get for their efforts is just gratitude.
That is all I care about. A thanks. Just a simple post to say they enjoyed the theme.
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Originally Posted by
stewart1champ

Originally Posted by
UltraDroid
The themes are a source of enjoyment for most people who use them, and the most the developers usually get for their efforts is just gratitude.
That is all I care about. A thanks. Just a simple post to say they enjoyed the theme.
And you guys *deserve* the gratitude and thanks of ALL the users. One of my big pet peeves is people who DON'T say thank you for something someone does for them. My parents were very strict about manners, and it really bothers me to see people *demanding* things from people who theme or develop roms. And then, when they've got the change they wanted, they disappear from the thread like ghosts. Never come back to say "Hey, thanks for making that change - works great now!" Nothing - they're outta here, until the next time they want something.
All I can say is that I wasn't raised like that, and I *am* grateful to all of the developers for all the marvelous roms and themes. Thanks Guys! 
(Of my soap-box for now)
-Mike
Actually, I'm not a developer - but I did stay at a Holiday Inn Express once.
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