Hacker News Board Hacker News, browsed like a classic message board
Live data from Hacker News

CandySwipe Open Letter to King regarding trademark

candyswipe.com

Post reply on HN
Print view View original

31–40 of 67 posts

Re: CandySwipe Open Letter to King regarding trademark

#31

Post by wpietri »

troymc wrote: post #28

It seems to me that making games for the iTunes App Store has become a "red ocean strategy." It's fiercely competitive, and there are now some monster sharks (e.g. King, Zynga). I don't like the sharks, but hey, they're sharks: they're doing what sharks do. Time to look for some blue ocean, I guess.

Sharks are doing what sharks do: they don't have a choice. People acting like sharks? They can choose other paths.

I get that they're responding to the incentives. Which is also fucked up. But I can hate the player and the game.

Re: CandySwipe Open Letter to King regarding trademark

#32

Post by wpietri »

ebbv wrote: post #26
werdnapk wrote: post #22

Earlier quoted context omitted.

I'm the author of a popular app that has been copied by many many other developers. Despite many complaints to try and limit the copy-cats, Apple does nothing and leaves the issue up to the developers to sort out between themselves for the most part and it's absolutely frustrating. Watching an app be successful and then watching the copy-cats swoop in to feed on your success as Apple (or Google) do nothing is very di…

Welcome to capitalism. If you were a web app, or a brick and mortar store, there would be no Apple or Google for you to appeal to. Only the courts, which you have anyway, but which have no sway over developers in China, etc. Honestly I can't believe you (and other) developers are surprised when this happens. My company's web site was copy and pasted wholesale by a competitor, and we had to threaten legal action again…

The claim for the Apple marketplace was that it would be a better place, a well-tended garden. Better for consumers, better for vendors, and worth Apple taking a large slice of profits. So I think it's reasonable that developers are surprised.

Re: CandySwipe Open Letter to King regarding trademark

#34

Post by hayksaakian »

ebbv wrote: post #26
werdnapk wrote: post #22

Earlier quoted context omitted.

I'm the author of a popular app that has been copied by many many other developers. Despite many complaints to try and limit the copy-cats, Apple does nothing and leaves the issue up to the developers to sort out between themselves for the most part and it's absolutely frustrating. Watching an app be successful and then watching the copy-cats swoop in to feed on your success as Apple (or Google) do nothing is very di…

Welcome to capitalism. If you were a web app, or a brick and mortar store, there would be no Apple or Google for you to appeal to. Only the courts, which you have anyway, but which have no sway over developers in China, etc. Honestly I can't believe you (and other) developers are surprised when this happens. My company's web site was copy and pasted wholesale by a competitor, and we had to threaten legal action again…

The issue with courts is that not only do you need to convince them that the copier is in the wrong, but also that apple/Google should be the ones to do something about it.

Re: CandySwipe Open Letter to King regarding trademark

#35

Post by Blackavar »

jason_slack wrote: post #16

so, is that all these big game companies do, just copy? Seems that King and Zynga have been called out a few times recently. So are they hoping that they can clone a game just enough and hope people buy it because of their name versus some indie dev you may not have heard of?

That's pretty much the business model. Copy ideas and execute faster than the original developers because they have more resources.

Re: CandySwipe Open Letter to King regarding trademark

#36

Post by wpietri »

hitiek wrote: post #25
loceng wrote: post #19

Earlier quoted context omitted.

I am surprised that this would pass in court as being a legitimate means of existing.

It doesn't have to pass in court as long as you have more money than your opponent. You just keep going until they run out of money.

Yes. Long ago I asked my first business lawyer something like, "Could we be sued for that?" His answer was something like: "Sure. You can be sued for almost anything. They probably can't win in the long run, but that isn't the important question. It's whether you are willing to pay to fight it to the end."

Re: CandySwipe Open Letter to King regarding trademark

#38

Post by NinjaWarrior »

troymc wrote: post #28

It seems to me that making games for the iTunes App Store has become a "red ocean strategy." It's fiercely competitive, and there are now some monster sharks (e.g. King, Zynga). I don't like the sharks, but hey, they're sharks: they're doing what sharks do. Time to look for some blue ocean, I guess.

You imply the web is the blue ocean? :)

I've experienced countless hotlinkings, rippings, clones, insults, DoS attacks and cybersquattings as a former Flash game developer. Luckily, I have not been involved in any trademark issues, but it is happening also on the web, isn't it?

Re: CandySwipe Open Letter to King regarding trademark

#39

Post by jemfinch »

ToastyMallows wrote: post #13
stevenj wrote: post #10

Somewhat related and something I've thought about over the years: "Here's a model that we've had trouble with. Maybe you'll be able to figure it out better. Many markets get down to two or three big competitors—or five or six. And in some of those markets, nobody makes any money to speak of. But in others, everybody does very well. Over the years, we've tried to figure out why the competition in some markets gets sor…

Damn that's an intimidating wall of text in that link.

What does this comment add to the conversation?

Re: CandySwipe Open Letter to King regarding trademark

#40

Post by Smegger »

VikingCoder wrote: post #24
ChuckMcM wrote: post #17

Earlier quoted context omitted.

Well if the case is strong enough, the US at least you don't need money, you tell the lawyers they can keep the the money all you want is to establish your right to the trademark. Then they go off and bring this guy down, make their money, and you get the satisfaction of knowing that your trademark is safe.

...unless the law is clear, and he's destined to lose. Then no lawyer will touch it on the terms you describe.

really it sound exactly like the terms of the sco vs linux lawsuits
Post reply on HN