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qole is offline qole
2009-11-20 , 18:42
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#121
Originally Posted by range View Post
Ummm. The US-$ 1 Mio. seems to apply for media content (music, movies, etc.) only, not for applications afaics. Same goes for the regional stuff: This also seems to apply for media content.
...or wallpapers... They want to protect their butts if Nintendo decides to sue them for, say, use of their artwork in some classic gaming wallpapers...
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2009-11-20 , 18:53
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#122
Originally Posted by qole View Post
...or wallpapers... They want to protect their butts if Nintendo decides to sue them for, say, use of their artwork in some classic gaming wallpapers...
I must be missing something. I don't see why an upfront, clear, solid signing disclaimer wouldn't cover such things...
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2009-11-20 , 18:58
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#123
What signing disclaimer? "You, the user, promise that Nintendo won't sue the developer and probably Ovi/Nokia for using its artwork"?

The insurance is for media-oriented apps and packages, which have a very high potential for (mis)using the intellectual property of (historically very litigious) big corporations.
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code177
2009-11-20 , 19:00
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#124
Originally Posted by qole View Post
...or wallpapers... They want to protect their butts if Nintendo decides to sue them for, say, use of their artwork in some classic gaming wallpapers...
Yes, I was thinking about this last night. It's obviously totally fair and I think that the right decision for myself and Nokia is for me to get liability insurance.

What's weird is that they've already pushed classic gaming wallpapers into Ovi/Maemo Select, without that liability insurance, or a disclaimer of liability. Go figure.
 

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2009-11-20 , 19:15
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#125
It is one thing if you are giving it away, and another thing entirely if you are selling it.
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code177
2009-11-20 , 19:20
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#126
Originally Posted by qole View Post
It is one thing if you are giving it away, and another thing entirely if you are selling it.
Right. So if I was to sell an application that allows you to download wallpapers for free then that shouldn't be a problem, right?

My application is 100% free of third party media. I would not be selling any sort of media whatsoever - only the ability to easily access such media.

With this in mind, from a technical perspective, there is no difference between Ovi and my application, they are both distribution tools.
 
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2009-11-20 , 20:10
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#127
Originally Posted by qole View Post
What signing disclaimer? "You, the user, promise that Nintendo won't sue the developer and probably Ovi/Nokia for using its artwork"?

The insurance is for media-oriented apps and packages, which have a very high potential for (mis)using the intellectual property of (historically very litigious) big corporations.
No qole.

The sort of disclaimer where the uploader agrees to take on any and all indemnification/responsibility for all or part of the uploaded package.... thus releasing Nokia.
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DaveP1 is offline DaveP1
2009-11-20 , 20:43
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#128
Originally Posted by Texrat View Post
No qole.

The sort of disclaimer where the uploader agrees to take on any and all indemnification/responsibility for all or part of the uploaded package.... thus releasing Nokia.
That is, in essence, what the insurance is for. Absent that you have a developer who may have no assets and the aggrieved party will come after the corporation with the deep pockets - Nokia.

Still, it seem excessively restrictive and excessively broad as written. For now it would seem that Nokia isn't interested in the small developer who might want to make a bit of money off their app.
 

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2009-11-20 , 20:47
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#129
Originally Posted by DaveP1 View Post
Still, it seem excessively restrictive and excessively broad as written. For now it would seem that Nokia isn't interested in the small developer who might want to make a bit of money off their app.
Which would have been fine if Nokia had let say the maemo.org community know so a solution could have been worked on. Heck it would be more productive then sitting around waiting for the n900.
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DaveP1 is offline DaveP1
2009-11-20 , 22:55
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#130
Originally Posted by Laughing Man View Post
Which would have been fine if Nokia had let say the maemo.org community know so a solution could have been worked on. Heck it would be more productive then sitting around waiting for the n900.
Well, the developers here could always try to raise money, incorporate (Fremantle Inc.?), buy one insurance policy for the corporation to cover all the member developers, and charge each developer a percentage of any revenue they realize off their app.

Even as a user, I'd be willing to chip in some money but it would be a big undertaking.
 
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