In a few days we will be publishing PiX Frogger.
This is PiX Frogger:
Enough said
In a few days we will be publishing PiX Frogger.
This is PiX Frogger:
Enough said
This looks pretty fun, great take on the classic Frogger game
Thanks! We finally plan to release it in 19th july. It's almost ready though
Last edited by pixjuegos; 07-08-2013 at 12:49 PM.
seems cool, I'll try it
www.virtualinn.it - A Videogames & TV Series Online Magazine
By the way, if anyone is interested in doing a preview, feel free to contact us!
I'm not a lawyer, but I'm pretty sure if you use the name "Frogger" in your game name then Konami will lawyer your face off.
Yup, call it Pixcrossrace or somethingOriginally Posted by xAD
No originality everything now isca copy of an old thing.
The game looks good tho for kids it'll b good
This is clearly a homage, that's why it's called PiX Frogger.
I'm not making any money with it, so I don't worry about that. As soon as Konami may contact me to change the name, I will change it.
Anyway, I've checked and they haven't got the trademark for Frogger
You might want to look again:
http://www.uspto.gov/trademarks/
Search for serial number: 76008483
Odds are, Konami will just send you a cease and desist letter. It truly depends upon if they want to make an example out of you. Or more likely, they'll issue a DMCA take down order to OUYA directly, which will force them to remove it from the store, and Konami may request or court order OUYA to give them records of downloads so they can determine how much you've distributed the work.
However, don't be fooled into thinking that by not charging anything for this makes you immune to copyright infringement or damages you're liable for as a result of that. Not charging only satisfies one element of fair use. You need to do better than that if you wish to make a defendable case against copyright infringement. Remember that when you submitted your game to OUYA, as per the terms of submission you agree and make admission that you own the work within, including any copyrighted material. That could be interpreted as a fraudulent claim of ownership of Frogger later. That will most certainly be brought up in court in a worst case scenario and that won't be in your favor. I'm actually a little surprised that OUYA let that pass through their evaluation process, or didn't require you to show you own the trademark or have Konami's permission since it's such a well known property.
Wait.. did you just publish, or has OUYA approved it? If they haven't, don't be surprised if they tell you to change it. The last thing they want to deal with is legal drama and be put in a position to be forced to hand their data over. Further, if they are aware there is a copyright violation they've let through, they can be named in a lawsuit as well. Konami is actually a registered developer with OUYA and OUYA's management have been involved in the industry for many years. It would be hard to prove they're not aware of the copyright/trademark. (http://borgheselegal.com/news/44-int...bor-compliance)
If you can't establish fair use and you're found guilty of copyright infringement, there is legal recourse of anywhere between $200 to $150,000 in damages per infraction, depending upon severity, intent, distribution breadth and where they take you to court.
I know you're not worried, but I think everyone here who's expressed concern is just looking out for you. In court, they won't take "I didn't know any better" as a reason to be lenient. I would personally change this if I were you.
P.S. I'm not a lawyer.. But can you tell I work pretty closely with one? :-P
Last edited by arcticdog; 07-19-2013 at 07:05 AM.
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