While I love the idea of a “Doing Stuff” mug, I would be careful with selling items with that graphic… since the progress bars were "Hand-lettered by Keita Takahashi himself." they may technically be the intellectual property of either Takahashi and/or Tiny Speck.
This just speaks to the need for TS to give us all the branded schwag we've been begging for.
But yes, this is indeed TS's IP.
While I admire OP's intention, this does run afoul of the law.
blimey, how many products are there lmfao...I personally would rather a tee saying Glitch! Or even better 'Glitchen At Work'. Neat idea but you really do need licensing direct from tiny speck.
Your heart was v. much in the right place, HeyGabe!
And it was a great idea.
And I DID want those items.
Perhaps we can stimulate TS to do the v. same thing! And! Change up and broaden their revenue streams!
Pretty sure the venture backers would not mind.
So are the "you're going to get sued" posts based on Tiny Speck actions in the past?
The "Doing Stuff" graphic is certainly copyrighted by TS, but is almost certainly not trademarked. As a result HeyGabe wouldn't be diluting the value of the image and so TS could choose to ignore the mugs/shirts/whatever at no risk. In other words, because it's not trademarked they don't "have to" sue, or even request that HeyGabe stop.
The Glitch logo, otoh, is almost undoubtedly trademarked, so they would have to stop its use if they wanted to maintain IP control.
(Oh, and making money or not with someone else's IP has absolutely no effect on its legality.)
So, anyway, is everyone's legal advice based on past TS actions or just your theories?
My post was based on opinion that I thought it was kind of tacky to make money off of something in this game. It just rubbed me the wrong way. *shrugs*
Doesn't seem tacky to me at all. If Gabe was making money instead of TS -- if they were selling merchandise, say, and people were buying Gabe's instead of theirs -- then sure, tacky and even in violation of Wheaton's Law (which I didn't have to look up).
Many creators are even flattered when people do stuff like that.
@smashlee I don't understand how CafePress can be the dicks here?
Aren't they just a service provider with no real ability to know who might have copyright on an image uploaded to their service?
Because they're making cash from somebody else's stuff.
Also, from their ToS...
Prohibited Content
Content that may infringe, misappropriate or otherwise violate any copyright, patent, trade-mark, service mark, trade secret or other intellectual property rights of any third party.
Right, you can't provide content that infringes on third party rights. You and TS are the first parties, other IP owners are third parties. That means, for example, that you can't name your Glitch "Mickey Mouse": a third party owns that intellectual property and you are not allowed to use it in the game.
@Shepherd - I think you're confusing CafePress' TOS with TS's TOS. Under Cafepress' terms of service the user agrees not to use content that infringes on another's IP. So, the user uploading infringing content violates Cafepress' TOS.
@smashlee. I agree with Togger - unless CafePress knows that content violates someone's IP rights, it would be hard to get any real damages from it for infringement even if it is making some money through the sale. Yes, technically, CafePress would be an infringer, but its damages would be limited and it probably would seek indemnification from the user who uploaded the inrfringing content in the first place..
I maintain that the IP for the words "Doing Stuff (X)" written in puffy balloon letters almost certainly belongs to every 13-year-old bored in study hall with nothing to do but doodle on their notebook.
But the point is moot. No products were sold. I have moved on to better things. Like trolling the discussion about the progress bars in general.
I wish TS staff would address this. Are we allowed to sell stuff on places like CafePress with images similar to theirs.........or not? TS's ToS says you have to have permission to use their IP. Maybe just ask?
I honestly liked the DoingStuff clothes. I just didnt want to buy it because I didnt want to get in trouble for having it, and I didnt want HeyGabe to get in trouble for selling it.
Service Content, Software and Trademarks: You acknowledge and agree that the Service contains content that is protected by intellectual property and other proprietary rights and laws (including graphics, artwork, music, choreography, characters, avatars, Items and/or other items acquired or created in the Service). Except as expressly authorized by Tiny Speck, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or such content, in whole or in part (except that the foregoing will not apply to your User Content, as defined below, if any). The Service (including the Software, the API and such content) is intended solely for playing purposes and for your personal use. Any use of the Service other than as specifically authorized herein is not allowed.
(I find it hilarious that "scrape" is in the list above........hahahah)
It is kind of funny, but in internet terms "scrape" usually means to pull content automatically using things like RSS. So for instance, if someone took the Glitch blog feed and had it automatically posting on their own website, that would be "scraping" TS's content. Although it's funny to think of someone stealing barnacles by sticking them in their pockets and sneaking of with them. :D