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

terminal_illness · May 4, 2013

koimayeul said:
Yeah, I don't get the purpose in making others feeling stupid like some perverted judge to their trial. In a real encounter face to face it would not happen and it doesn't. Think of a random stranger at the supermarket arguing you for your opinion? Nope. Internet, anonymous, well.. It's alright to be wrong or being proved wrong, just not in an accusatory and disrespectful manner. We're all growing with experience and opinions are subjected to change, just like mine on the matter changed as I acknowledged there may be advertisement involved in trailers with said copyrights.. The right way is to adapt with objective facts as they are discovered, the wrong to hang on subjective opinions. Current lawsuit case, I think I expressed all I wanted to say already..

Agreed. sometimes people need to do that in order to cement the public's opinion of them. Especially if they are new. Doesn't change my opinion.

Again back on topic. I tried a few other memes in scribblenauts. They all seem to be slightly different then their original counterparts.

koimayeul · May 4, 2013

terminal_illness said:
Agreed. sometimes people need to do that in order to cement the public's opinion of them. Especially if they are new. Doesn't change my opinion.

Again back on topic. I tried a few other memes in scribblenauts. They all seem to be slightly different then their original counterparts.

Hmmm I have the game on Steam but not installed, from the video in the source it is indeed the nyan cat with its music.

terminal_illness · May 4, 2013

koimayeul said:
Hmmm i have the game on Steam but not installed, from the video in the source it is indeed the nyan cat with its music.

Looks a little different though, like I said it's in Scribblenauts drawing style. I'd consider that an adaptation though we are arguing semantics now. lol

koimayeul · May 4, 2013

terminal_illness said:
Looks a little different though, like I said it's in Scribblenauts drawing style. I'd consider that an adaptation though we are arguing semantics now. lol

Well original authors do hold their case, they have not been asked about the use of their copyright as content for the game. I called it greed to try and get a share of game sales as my first reaction but if advertisement was done featuring them with trailers, WB do make profit illegally. Be them as easter eggs, a credit list or disclaimer should be fair enough, IMHO. Fair for WB to pay for the lawsuit costs though the two cats authors problem could have been dealt internally with WB, lawsuit is usually the last resort not the first thing to do unless for cashing in, greed as I reacted at first.

Veho · May 4, 2013

koimayeul said:
I just notice you skip my last comment purposely to burden me with argumentative stuff, like I embody WB or something to prove your point..

I wrote my reply before you posted that last post. I did read it, but it didn't seem like you were changing your stance on the "plaintiffs being lazy asses" thing, only that you acknowledged the complaint had some merit, so I decided to post anyway. I misunderstood your post. I'm sorry.

Here's a kitten in a yogurt cup:

koimayeul · May 4, 2013

Veho said:
I wrote my reply before you posted that last post. I did read it, but it didn't seem like you were changing your stance on the "plaintiffs being lazy asses" thing, only that you acknowledged the complaint had some merit, so I decided to post anyway. I misunderstood your post. I'm sorry.

Here's a kitten in a yogurt cup:

Lol well, i came out with a bad mood and cursing words at first, "fat greedy asses" is not exactly nice even if I softened it reasoning further and the two cats owners are not reading and couldn't care less.. More think before you post for me, sorry to them and to you Veho bro. Thanks for the kitten! But they would eat my hamster..

Heran Bago · May 4, 2013

I think devs should have to use a legal license for including Memes in their games. This would deter people from using memes as a form of low effort comedy in games.

Foxi4 · May 4, 2013

koimayeul said:
Because this is the Internet. There is no such thing as a dialog or discussion, only verbal fights. You win an argument on having the last word. You have to explain yourself to others, and justify your viewpoints. I kid you not!

Wow! That sounds an awful lot like... any discussion at all, be it Online or in RL?

koimayeul · May 4, 2013

Foxi4 said:
Wow! That sounds an awful lot like... any discussion at all, be it Online or in RL?

Nooo it should be smooth and friendship is magic, always!

FAST6191 · May 4, 2013

Things I learned this topic

~~More than a few on GBAtemp do not have a good grasp of intellectual property code~~ Actually I met that several times before and even wrote a basic guide to the matter so I can not really say that.

terminal_illness appears incapable of understanding the concept of the metaphor or a turn of phrase, but is capable of creating high grade logical paradoxes or "Hollywood is attempting to use a computer" level logical inconsistencies. Ever considered a career in screenwriting?

If I change a few things it does not count as a derivative work and all is good with the world. Admittedly this can kind of apply in patents and registered designs but copyright is quite clear on the matter.

Positing a fairly radical opinion on a message board is fine but being queried upon it potentially makes the one doing the querying a bad person.

Apparently being called on your opinion or previous statement never happens in real life. This makes sense as staggering home from the pub does seem to enter something needing quantum physics to make sense of it (how else would it take 3 hours to walk the apparent two kilometers back to the house) and the pub is a place where things are endlessly debated. It might also be the case with family meals or having friends over for meals as well for time skips seem to occur there as well. Studies are pending on visiting friends or board game nights but looking promising for another area.

To pose a hypothetical. My lazy self is an amateur photographer and by happenstance me and my £200 camera (or more likely now camera in a mobile phone if I had one) are in the right place and the right time to be the only one to catch something really nice. Point and shoot has long been the order of the day so does my miniscule amount of effort, probably considerably less time, effort and skill than taking the time to draw and animate a flash character even on a 4 second loop, not warrant the protection of copyright?

ferofax · May 5, 2013

Foxi4 said:
Which just happened to go whoosh whoosh whoosh, blinked and disappeared when you approached it - coincidence.

(yes, I know you kid )

Dude keeps leaving the breaks on, smh.

MarkDarkness · May 5, 2013

Veho said:
I know, right? It's terrible how creators don't like their work being used in commercial products without their permission, the entitled bastards. Now future Scribblenauts will have to, *GASP*, ask first before using someone else's work. Disgusting.

Funny. I see what you did there.

Oh, wait. What I just said is a meme. Damn, now either me or GBAtemp need to pay royalties to the rightful creator who just doesn't like his "product" being used without permission on the internet. Suck for all us, I guess.

The Nyan Cat people have a slight problem attached to their out of bounds lawsuit called "substantiality", and that's a very tough thing to defend in this case, seeing as the extent of their work is a 3-frame animation loop. Also, to consider the "effect upon work's value" and how much exactly has Scribblenauts degraded the completely intangible value of this 3-frame loop, well, it's just a goddamn hassle that is impossible to assess. On top of that, it's a parody, or a homage, or a series of other niché categories of use that wouldn't hold up in court if it's defended well.

They cannot possibly expect to provide an argument with enough weight to really give this case momentum. And if somehow the burden of proof falls entirely on the shoulders of Warner Brothers, then fuck, they will just beat these guys and their "product" to the ground.

They are not creators, not inventors, not innovators, they just want to bleed this one asset they managed to create out of its public sharing, consumption, atleration (or remix if you want to go CC on this), etc.

And they are screwing over Scribblenauts as a product that's innovative.

tl;dr, right? Oh damn, another meme! Now the royalties will come knocking again!

Rydian · May 5, 2013

MarkDarkness said:
Funny. I see what you did there.

Oh, wait. What I just said is a meme. Damn, now either me or GBAtemp need to pay royalties to the rightful creator who just doesn't like his "product" being used without permission on the internet. Suck for all us, I guess.

Except that's not a registered copyright, and your post is not a commercial work.

gg on not actually reading the thread though, keep it up! Or not, I'd actually prefer not.

Veho · May 5, 2013

MarkDarkness said:
Funny. I see what you did there.

Oh, wait. What I just said is a meme. Damn, now either me or GBAtemp need to pay royalties to the rightful creator who just doesn't like his "product" being used without permission on the internet. Suck for all us, I guess.

I see you're hazy on this whole "copyright", "meme" and "commercial use" thing, and the whole difference between "meme" and "design". Or do you honestly believe that once a thing becomes a meme, it automatically stops being anything else? I refer you to this post, it illustrates the point.

The Nyan Cat people have a slight problem attached to their out of bounds lawsuit called "substantiality", and that's a very tough thing to defend in this case, seeing as the extent of their work is a 3-frame animation loop.

The extent of their work is an original, copyrighted, named character with a visual design. The fact the original work it appears in is a 3-frame animation loop bears no significance. The original Super Mario is a 5-frame sprite.

Also, to consider the "effect upon work's value" and how much exactly has Scribblenauts degraded the completely intangible value of this 3-frame loop, well, it's just a goddamn hassle that is impossible to assess.

Fortunately it isn't impossible to see the copyright infringement in a commercial product. Everything else is just haggling.

On top of that, it's a parody, or a homage, or a series of other niché categories of use that wouldn't hold up in court if it's defended well.

Ah, weaselwords. They might work, too, if the use was a parody or a homage, and not just lifting the design plus name wholesale and using it in the game as is.

They cannot possibly expect to provide an argument with enough weight to really give this case momentum. And if somehow the burden of proof falls entirely on the shoulders of Warner Brothers, then fuck, they will just beat these guys and their "product" to the ground.

While it is true many court cases are won or lost not by establishing facts and interpreting the law, but by measuring which side can gather more funds and lawyers, this shouldn't be accepted legal practice. Saying "well, WB can afford enough lawyers and stalling to squish their opposition" does not put them in the right.

As for presenting an argument with enough weight:

They are not creators, not inventors, not innovators, they just want to bleed this one asset they managed to create out of its public sharing, consumption, atleration (or remix if you want to go CC on this), etc.

So validity of a copyright is established based on whether you like the work or not.

And they are screwing over Scribblenauts as a product that's innovative.

Indeed. I doubt poor Scribblenauts will ever recover from this heavy blow.

tl;dr, right? Oh damn, another meme! Now the royalties will come knocking again!

Nice argumentum ad absurdum there, bro, it highlights your ignorance of the subject matter well. And again, "copyright", "meme", and "commercial use". Read up.

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

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