 Can any yo-yo company or other non-Duncan entity sponsor a yo-yo contest even if it has a 5A division? Absolutely. Duncan will continue to support yoyo contests as it has for decades and encourages its competitors and other potential sponsors to support the yoyo community in the same way. 

Excellent. I assume that the document from Mr. Bush would hold as an official legal position from Duncan Toys/Flambeau, because I'm certain that it will be used as such by companies debating whether they should sponsor a given contest.

 Can a yo-yo contest organizer sell a compilation DVD from the contest where several 5A players are not using Duncan products? Yes, with prior written consent from Duncan Toys. 
see below

 Can an individual or corporation sell a compilation DVD that contains counterweight play? Yes, with prior written consent from Duncan Toys.

so brandon jackson's throw 2008... did that have prior written consent (genuinely curious). i understand duncan's perspective, but i find it to be pretty damaging and unfortunate. the free exchange of ideas is a huge component of what has made freehand such a powerful and unique style of play. this effectively puts a cap on that capacity (depending upon what duncan will allow, which is still unclear). duncan owning and exerting their control over the style in this case, to me, makes it less appealing and less 'free'. i think that if an individual (a la brandon jackson circa 2008) wants to release a dvd with all kinds of play, they shouldn't have to ask companies for permission. the dark magic is the specific intellectual property of yoyojam (as are their sonic welded rims), but it would be ridiculous to ask save deth to beg their permission to have it featured in the dvd they've created (imo). in the context of a corporation (i.e. yoyofactory's 'undeniable') it makes sense as that would clearly constitute 'marketing', but restricting an individual who does NOT sell yo-yo's to represent the 5a style in a dvd he/she has created is overkill. i recognize this as duncan's legal prerogative, but i find it unpalatable.

 Can I, as an individual or sponsored player, create videos and tutorials for 5A (not using Duncan) and post them online? (youtube, vimeo, etc)
Yes, to the extent that the individual is not commercially benefiting from the video and the website is not a Duncan competitor commercially benefiting from the video. (Ie. The video cannot be placed on another yo-yo manufacturer’s website)

So yes, so long as neither I nor my company ever see a cent from my use of 5a. I can understand this. I think it's too bad considering how much a program like '5a May' could (and did, momentarily) benefit the 5a scene, but what are you going to do? there is no way to separate this one out. if you make money from selling yo-yo's and your yo-yo is being indirectly advertised as great for 5a, it makes sense that you would be precluded from featuring the video on your site. sad? yeah. by this answer, yoyojam would be prevented from posting a video of takeshi matsurra (despite the obvious fact that he's champion of the world in that division). but it's not as though duncan is a bunch of altruists trying to feed yo-yo's to the poor. they're running a company.

 Would Duncan consider licensing the patent to other yo-yo manufacturers? Yes

great! and i'll look forward to hearing what that cost structure will look like. just how much IS freehand worth to companies i wonder?

 Can I, as a retailer, recommend non-Duncan 5A yo-yos (ie: market certain yoyos as good for 5A)? Yes, but only if the manufacturer of the products is a licensee of the patent.

again, i understand it, but that totally sucks. it amounts to $$$ getting in the way of good advice, which companies like yoyonation have dispensed for years. and yeah, they do that to sell product and yeah, duncan needs those products to pay for the privilege... but countless yo-yoers have benefited from being told that 'the hitman' is a solid yo-yo for 5a, and it's a shame that resellers can't freely offer that advice per these instructions. i understand that review sites should still be able to qualify non-duncan yo-yo's as suitable for 5a (actually that wasn't explicitly stated so i guess i'm just hoping that).

 Can I, as a retailer, post videos and tutorials for 5A (not using Duncan yoyos) in an effort to promote 5A or non-Duncan 5A yo-yos?
Yes, but only if the manufacturer of said products is a licensee of the patent.

so in this case, yoyoexpert would be 'in the wrong' right now, and i think that's about the biggest pity of them all. duncan yo-yo's are the only ones presently clear to be sold with a counterweight. if kids want to buy counterweight yo-yo's, they presently have to buy duncan. the idea that yye not be able to teach 5a tricks with andre and his dm or with miggy and his genesis represents a legitimate disservice to the community. i know TONS of kids who are in the process of working through the yoyoexpert tutorials, and as they get to 5a, they're all going to want a 5a yo-yo with counterweight, in which case they'll have no choice but to buy a duncan or licensee. regardless of its legal base or financial necessity, this decision is bad for 5a, and i think this one represents a bullet into flambeau's own diamond-soled shoe.

 Can I, as an individual, make my own counterweight yo-yo or use a counterweight on a non-Duncan yo- yo?
Yes, as long as it is done for personal use and the yo-yos are not being sold.

totally understandable and reasonable.

 Where does Duncan own these patents? USA, Germany

5eh!!!!

 Can websites/blogs existing as tutorial/review sites only (defined as not selling yoyos) publish 5A tutorials/reviews using yo-yos other than Duncan?
Y es.

so you're not going to sue me? phew!

 Can I, as a contest organizer, run a yo-yo contest with a 5A division and display/accept sponsorship from manufacturers that do not license the patent?
Yes

awesome!

 Can I, as an individual or sponsored player, compete in a 5A contest using a non-Duncan product? Yes

rejoice and be glad!

 If infringement occurs at a contest, will Duncan hold the contest liable? Duncan would discuss any potential infringement with the infringing party and not the contest organizer.

unless, i assume that the contest organizer has in some way infringed, which i'm still not altogether clear on. which p's and q's do organizers need to mind? as an organizer, i know that it's pretty easy to 'accidentally' enable a company to benefit from 5a. if yoyojam sends me a banner with an image of takeshi matsurra which reads '5a world champion', and I put said banner front and center... am i the infringing party? i'm absolutely glad to hear that duncan is not targeting this group, but still concerned about infringement upon an enforced patent, given that i'm not knowledgeable on the topic. would it be wise and possible for duncan to put out a separate (and maybe more specific) set of guidelines tailored for organizers, both to put their potential concerns at ease and to keep them from making potentially litigable missteps?

 As a sponsored player or an individual, if I win a 5A contest with a non-Duncan yoyo can I say that I am 5A champion?
Yes, absolutely.

i don't mean to be rude on this one, but i mean... 'duh.'

 As a sponsored player, if I win a 5A contest with a non-Duncan yoyo can my sponsor market me as 5A champion?
Yes, but only if the sponsor is a licensee of the patent.

that, to me, also blows (technical term). if a company sponsors a great 5a player, and that player wins a contest, i think that said company should be able to proclaim his/her success far and wide, whether as a marketing device or simply as congratulation. in participating in and winning a 5a event, they have in some capacity helped to legitimize and spread the division, and i feel that some relaxation is in order. i'm not an imbecile, and i understand that this is not realistic, but if duncan is going to 'unleash' 5a as an open contest division (i.e. it is not required to USE a duncan yo-yo in the 5a division), then i think that they open themselves up to the possibility of other companies' players winning, and that the 'right' thing would be to allow non-licensing companies to celebrate their success within the division. it's not as though duncan lacks a contingent of highly successful counterweight competitors. if they want 5a to be 'open' and yet be the only ones to benefit from winning 5a events, then i think they have no choice but to secure all of the top 5a talent. if it's a priority for them to benefit from 5a exclusively, then they should offer real money to players who will 'work' for them and win contests. if a yoyofactory guy beats out all the duncan crew, then i think they SHOULD have the right to celebrate their success in an 'open' 5a contest. i get it; i do. but this is another area where it's down to money (as opposed to what would be best for yo-yo players in general) and that's depressing.

thanks to duncan (and to mr. bush specifically) for answering so many of the questions that yo-yoers have voiced. they do not all satisfy me, but from the moment this began, i could hardly have expected that they would. duncan/flambeau is trying to protect a patent which it has previously enforced with only the most perfunctory effort, and no matter what they try to do, they're going to come off (in some respect) as caring greatly about their own bottom line. we, as yo-yoers, need to recognize that this is their right and a piece of what successful companies must do... but i think we also need to constantly evaluate the realities of situations like this and inform ourselves as well as possible so as to voice our opinions with legitimacy.