'Scribblenauts' creator Warner Brothers sued for Nyan Cat, Keyboard Cat easter eggs

[Sicklyboy]

The owners of two of the internet's best-known cat memes are striking back at Scribblenauts for using them without permission. Charles Schmidt and Christopher Orlando Torres have sued Warner Brothers for copyright and trademark infringement, based on images of Nyan Cat (created by Torres) and Keyboard Cat (created by Schmidt) that appear in the game. After both cats achieved fame years ago, Torres and Schmidt have parlayed them into an ongoing career under the management of "meme agent" Ben Lashes. Since then, they've had to confront the strange tension that comes from trying to own and license something that grew through sharing and appropriation.

[...]

Unlike a Nyan Cat scarf or a Keyboard Cat phone cover, Scribblenauts isn't exactly promoting itself with memes. It's a game known for incorporating virtually every item in existence: if you can write it, you're supposed to be able to conjure it. Along with Nyan Cat and Keyboard Cat, you'll find Ninja Cat, Longcat, Spaghetti Cat, and a whole list of others. We've come to expect such reference-dense entertainment — open up the recently released Guacamelee and you'll find reimaginings of Grumpy Cat or Strong Bad. But at some point, these references can end up in a legal and ethical morass.

Source

Okay, I understand that the 'memes' may be copyrighted, but at what point does something that is altered and remixed by hundreds, maybe thousands, of people make it grounds for a lawsuit? These two memes being here was not a selling point of Scribblenauts (btw, which Scribblenauts is it?), but instead an easter egg. A little secret meant to tickle the fancy of people who would think to put something so abstract in as an item in the game, certainly not something I've ever seen on any of the Scribblenauts game boxes while I sell them at work. Are these guys butthurt over some fair use, or is this a serious legal battle that is about to ensue?

Also, I had never in my life heard of Keyboard Cat before this. Sue me.

 

[Rydian]

Okay, I understand that the 'memes' may be copyrighted, but at what point does something that is altered and remixed by hundreds, maybe thousands, of people make it grounds for a lawsuit?

When somebody's making money off of it without even asking you first.

That's generally how it works, right?

 

[Sicklyboy]

When somebody's making money off of it without even asking you first.

That's generally how it works, right?

That's the thing though. Can you really say that the game was being sold on the premise that it includes two "pop culture" icons? That's not an advertised feature of the game at all, and I highly doubt that most, or really any marginally significant portion, of its sales were due to their inclusion, just like people don't (didn't) buy Halo 2 solely because of it's Scarab Gun easter egg.

 

[Xuphor]

The owners of two of the internet's best-known cat memes

striking back at Scribblenauts for using them without permission

under the management of "meme agent" Ben Lashes

I mean seriously? Really? "Meme Agent"? Memes are supposed to be an internet treat to be stupidly laughed at as mild entertainment. Scribblenauts realized this, and included them along with TONS of other memes.

None of the other meme creators or "agents" mind because it's basically free advertising for them (they are non profit anyway).
Scribblenauts in NO WAY sold copies because it had nyan cat or keyboard cat. They didn't even advertise they were in the game, they were hidden away with no clue or sign whatsoever. You can go through and 100% the entire freaking game without ever knowing it's in it.

This is like a Charity sueing some homeless guy for taking two shirts instead of one. I mean damn, this is retarded.

 

[Rydian]

That's the thing though. Can you really say that the game was being sold on the premise that it includes two "pop culture" icons? That's not an advertised feature of the game at all, and I highly doubt that most, or really any marginally significant portion, of its sales were due to their inclusion, just like people don't (didn't) buy Halo 2 solely because of it's Scarab Gun easter egg.

Whether it was advertised or not officially, it's still in a sold product without permission.

I mean seriously? Really? "Meme Agent"? Memes are supposed to be an internet treat to be stupidly laughed at as mild entertainment.

That may be the way we consider it, but for some people it's literally a business. Some people make their living off of memes in various forms, whether it be compiling them into a site for advertising revenue and marketing deals related to visitors, licensing the use of one they made to places that want to use it in an official product, etc.

 

[chyyran]

People will sue over anything, though, this is kinda pushing it. Its a meme, I didn't even know memes were copyright-able.

 

[ShadowSoldier]

This is just dumb. It's an easter egg guys. Do they actually think "you know, we have a lot of supporters for this! Everybody will be on our side!"

The creator of TMNT may as well sue Gearbox for putting the TMNT in Borderlands 2, or Ubisoft for Blood Dragon.

 

[Gabelvampir]

"Meme agent"? Isn't it a bit late for April fools jokes?
Are there seriously people consulting meme creators on how to capitalize on their meme?
Oh Internet, you've once again done your part bringing us closer to nearly useless jobs like Telephone Sanitizer.

 

[Gahars]

Does this mean Gearbox can also be sued for LeMayMaylands 2 Borderlands 2? Please?

While the ground for this suit may be shaky, I can't say I'm entirely against companies dropping this sort of humor crutch. Personal preference, I guess, but I think it's more annoying and obnoxious than anything else. It's little more than lazy pandering.

 

[raulpica]

Keyboard Cat is looking down from Cat-Heaven on his old owner. Memes are meant to be shared and loved by everyone

 

[Bladexdsl]

what is this let's sue everyone month??

 

[Dork]

>memes
>copyright

Golly.

 

[Recorderdude]

And thus, video game companies stopped including easter eggs in their titles, and Mr. Lashes was found dead in a pile of poptarts and keyboards.

 

[Rydian]

People will sue over anything, though, this is kinda pushing it. Its a meme, I didn't even know memes were copyright-able.

http://www.copyright.gov/help/faq/faq-general.html#mywork

The creator of TMNT may as well sue Gearbox for putting the TMNT in Borderlands 2, or Ubisoft for Blood Dragon.

References and direct inclusion are two different things. The TMNT stuff in Borderlands 2 was a parody without using any of the original material or names.

"Meme agent"? Isn't it a bit late for April fools jokes?
Are there seriously people consulting meme creators on how to capitalize on their meme?
Oh Internet, you've once again done your part bringing us closer to nearly useless jobs like Telephone Sanitizer.

Somebody's never dealt with copyright/IP law, I see? That crap's complicated.

 

[Gabelvampir]

http://www.copyright.gov/help/faq/faq-general.html#mywork

References and direct inclusion are two different things. The TMNT stuff in Borderlands 2 was a parody without using any of the original material or names.

Somebody's never dealt with copyright/IP law, I see? That crap's complicated.

Yeah I know, anything can happen when lawyers are involved. One of these days it will be proven in court that gravity does not exist.
What I meant is, how specialized and meaningless is a job like "Meme agent". Think back 15 years, what would you say to somebody came to you and offered helping you in making money from that one great toilet wall joke everybody at school laughed about? Memes are just silly nuggets of humor, created totally by seredipidy and with success seemingly random. Some of them surely required work, but I don't think I've seen any Meme where I'd say the creator should be able to protect it. If they can find a normal/sane way to make money off a successful Meme, good for them. But suing people over including a reproduction of it as an easter egg? Come on.

 

[mechadylan]

Will the Pop Tart people be entitled to a cut of the settlement?... or do they need to file their own lawsuit?... and against whom?!?

 

[FAST6191]

Yeah I know, anything can happen when lawyers are involved. One of these days it will be proven in court that gravity does not exist.
What I meant is, how specialized and meaningless is a job like "Meme agent". Think back 15 years, what would you say to somebody came to you and offered helping you in making money from that one great toilet wall joke everybody at school laughed about? Memes are just silly nuggets of humor, created totally by seredipidy and with success seemingly random. Some of them surely required work, but I don't think I've seen any Meme where I'd say the creator should be able to protect it. If they can find a normal/sane way to make money off a successful Meme, good for them. But suing people over including a reproduction of it as an easter egg? Come on.

See also basically every sketch show ever?

 

[Rydian]

but I don't think I've seen any Meme where I'd say the creator should be able to protect it.

"I don't think much of it, so they shouldn't be able to protect their IP"?

You know, I don't think much of the show LOST, so should they be unable to take people to court for distributing bootleg DVDs?

If they can find a normal/sane way to make money off a successful Meme, good for them. But suing people over including a reproduction of it as an easter egg? Come on.

http://www.copyright.gov/help/faq/

 

[Clydefrosch]

just give them two cents for every sold copy. the cats only make a fraction of the game content so that should be fair

 

[Gabelvampir]

See also basically every sketch show ever?

Writers for sketch shows normally have to come up with more then one sketch in their lives to get paid more than once.