Would it be against the rules if I...

[Jourdy288]

Well, after seeing this thread ( ) I got a great idea: what if I sold Pandora related merchandise? Posters, t-shirts, etc.? There are a lot of people who I'm pretty sure would love to have Pandora stuff that doesn't exist, why not provide? OP isn't making it. It fits the idea of community based stuff, and some of the money will be heading back for OP. It'd also be a chance for me to prove my worth as a member of this community.


So does anybody agree? Should I try?

 

[vadsamoht]

This has been dealt with many times before. I'll add links in a minute Links below. In short, merchandising is best left to OP.


Swag, Swag, Swag...


Merchandise interest?


Pandora Merchandise


How about some merchandise?


Also, if the money were to go anywhere other than OP (and *only* OP), then you will probably run into numerous legal (royalty, patent, provision) and community (member backlash, community confusion, etc.) issues.

 

[Jourdy288]

Oi, I guessed that but was unsure.. Well thanks.

 

[Nintendo]

[ x ] You'll be using the money for a Pandora anyway.

 

[Jourdy288]

^Quite true, but it'll be going to me first which is where the issue arises. If OP would like to allow me to license their brand, however (they receive a cut of profits from merchandise) I think we'd have a solution.

 

[vadsamoht]

^Quite true, but it'll be going to me first which is where the issue arises. If OP would like to allow me to license their brand, however (they receive a cut of profits from merchandise) I think we'd have a solution.

Except that they never would license it to you, or any of us for that matter. I have no doubt that we'll eventually see merch from them eventually (my bet is when all of the preorders are within reach of shipping), but they would be better off just keeping all profit for themselves.

 

[Jourdy288]

Yeah, I know. The reason why I think licensing it would be a pretty good option ATM though is because they're really quite busy ATM. I don't see them making t-shirts in the foreseeable future any more than I see TV-Out cables.

 

[hakmanplayer]

Jourdy ,


You stood by me so i would buy from you....sssh hush hush :unsure: :blink: :mellow:

 

[Jourdy288]

 

[-Tj-]

I skimmed the posts linked above for official comments by Craig or ED, but couldn't really find anything solid, or maybe I missed something. What IS the official word on the whole "selling Pandora-branded stuff"? The vibe I'm getting from the posts is, "we've got ideas, but they're not very original," and joking from the team, but a kind of "you can't/shouldn't do it" stance from this thread. Just confused, trying to get straight answers. :blink:

 

[vadsamoht]

^ Nobody has been able to get the necessary permissions from OP, so every community-based effort to produce merchandise has failed.


This topic is different though, because Jourdy would be directly profiting from it himself, which boils down to the issue (though there are many others): 'Why does he deserve to make money off of OP? Why not me?' and the more substantial 'Why should anyone other than OP be allowed to make money off of OP's intellectual properties?'

 

[Jourdy288]

This topic is different though, because Jourdy would be directly profiting from it himself, which boils down to the issue (though there are many others): 'Why does he deserve to make money off of OP? Why not me?' and the more substantial 'Why should anyone other than OP be allowed to make money off of OP's intellectual properties?'

Fix't spelling.


And precisely, amigo. Nothing prevents anybody from profiting off of licensing branding. Nothing to stop me from profiting off OP by licensing. We both make money, everybody's happy. Except for you, lol :lol:

 

[-Tj-]

I'm sure you know this and are joking (or not?) so this is mainly for others, but there are certain laws in place to protect companies from infringements, and it's easier to protect if they hold filed copyrights, trademarks, and patents (in the country of the origin of the infringement). That's not to say you can't do it, but you could get slapped with a Cease and Desist, get sued, both, or more. In such an event, it would cost OP money to have lawyers go after you with official forms through official channels, all for potentially little to no profit (in the event they sue), or even a loss, in which case they'd likely not pursue any action.


In pretty much every case, it will likely cause you to be looked badly upon by someone, somewhere. So... all in all, probably not a good idea to go ahead with it without permission. "Everybody's happy" probably won't end up happening, as without permission you're bound to upset someone.


There are good reasons for the OP team to not allow sales of Pandora-branded items from unlicensed sellers, for example if someone creates something that could cause the Pandora to be portrayed in a bad light, or just poorly-designed merch that people attribute to the Pandora being "cheap."


Yar!

 

[Jourdy288]

I'm sure you know this and are joking (or not?) so this is mainly for others, but there are certain laws in place to protect companies from infringements, and it's easier to protect if they hold filed copyrights, trademarks, and patents (in the country of the origin of the infringement). That's not to say you can't do it, but you could get slapped with a Cease and Desist, get sued, both, or more. In such an event, it would cost OP money to have lawyers go after you with official forms through official channels, all for potentially little to no profit (in the event they sue), or even a loss, in which case they'd likely not pursue any action.


In pretty much every case, it will likely cause you to be looked badly upon by someone, somewhere. So... all in all, probably not a good idea to go ahead with it without permission. "Everybody's happy" probably won't end up happening, as without permission you're bound to upset someone.


There are good reasons for the OP team to not allow sales of Pandora-branded items from unlicensed sellers, for example if someone creates something that could cause the Pandora to be portrayed in a bad light, or just poorly-designed merch that people attribute to the Pandora being "cheap."


Yar!

Exactly, that's why I want to work out a deal with them.

 

[vadsamoht]

You won't be able to work out a deal with them. There is no reason for them you allow you to essentially take a share of their profits.

 

[mvickers03]

You won't be able to work out a deal with them. There is no reason for them you allow you to essentially take a share of their profits.

Spoil sport

 

[vadsamoht]

You won't be able to work out a deal with them. There is no reason for them you allow you to essentially take a share of their profits.

Spoil sport

Just trying to be realistic.

 

[Jourdy288]

You won't be able to work out a deal with them. There is no reason for them you allow you to essentially take a share of their profits.

Spoil sport

Just trying to be realistic.

Precisely, which is why I should probably forget the whole thing. Trouble is, they've got enough on their hands, between making Pandoras, worrying about TV-Out cables, etc. So why not create a source of revenue that they don't have to work for?

 

[CPUnltd]

it's a mixed bag, Jourdy... but the best way to handle it, in the end, is to directly email OPT (I'd go for emailing the same message to everybody individually so you are consistent in what you say as well as making sure you are clear in what your desires are... I'm sure they will get back to you at some point after at least one of them has read it completely and started internal discussions. Just my take on it.


Honestly, I partially wish they had dropped this idea themselves back in 2008 (or even sooner)... if they'd suggested it as a "fund-raising effort" to get the necessary money to start production of the units after they'd gotten their paperwork together, logo cleared, etc... this would probably have all gone a LOT smoother... I know I'd have bought plenty of merch (maybe even enough to become a local distributor of the merch) to help push the project. Granted, this is already the most advanced "Open Source" project I know of on the planet... they are also trailblazers, so I am not surprised about the issues that have come up to this point... but I digress... Point stands, the idea is good and would generate funds to produce more units and breathe even more life into the project... just a matter of who and how when it comes to implementation.

 

[-Tj-]

Precisely, which is why I should probably forget the whole thing. Trouble is, they've got enough on their hands, between making Pandoras, worrying about TV-Out cables, etc. So why not create a source of revenue that they don't have to work for?

While it may sound like it would be a cut-and-dry "I make stuff, give you money, everyone's happy" sort of thing, in reality it will mean more work for the OP team one way or another if you have any kind of dealings with them. That being taxes, paperwork, communication, contracts, lawyer fees for said contracts (if they go that route), negotiations, reviews, approvals, etc, etc. It may cut out the whole issue of shipping and handling, manufacturing, and other related tasks, but it's still a lot of work, and potentially an added headache they don't need right now.


It's a nice idea, and I would love to participate in such a program to support OP as well, but I can see both sides of this coin. Keep your chin up, maybe after all this Pandora-building stuff clears they might take another look at merchandising.