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

[koimayeul]

Just, two fat greedy asses.

 

[Veho]

Just, two fat greedy asses.

So, if you don't let other people exploit your work for their profit, you're a fat greedy ass?

 

[Rydian]

I don't think you understand, Veho. Their work is something a lot of people here are tired of seeing, which obviously means that their social and legal rights are void, despite them filing the necessary paperwork in multiple cases!

 

[koimayeul]

So, if you don't let other people exploit your work for their profit, you're a fat greedy ass?

While the original idea is the creation of one person, the real work is done by people sharing the funny stuff, it growing in popularity makes it a potential meme. So yes, making profit out of other people work, here the internet folks all around the world sharing funny stuff is greedy, definitely. Claiming it to lawsuit is total ass. They should just be proud it is an easter egg in professional, commercial work worthy of this title.

 

[Gahars]

While the original idea is the creation of one person, the real work is done by people sharing the funny stuff, it growing in popularity makes it a potential meme. So yes, making profit out of other people work, here the internet folks all around the world sharing funny stuff is greedy, definitely. Claiming it to lawsuit is total ass. They should just be proud it is an easter egg in professional, commercial work worthy of this title.

People liking things invalidates copyright claims?

Huh. The more you know.

 

[koimayeul]

People liking things invalidates copyright claims?

Huh. The more you know.

The copyright on meme is a first time, granted it could not exist without the work of popularity growing within internet communities.
So they want to be credited for it in the game? This is fair. To get money? Not fair unless it is spread all over the net to reward real "workers" making meme unknown to popular.

 

[Gahars]

The copyright on meme is a first time, granted it could not exist without the work of popularity growing within internet communities.
So they want to be credited for it in the game? This is fair. To get money? No fair or it is spread all over the net to reward real "workers" making meme unknown to popular.

Yeah, it doesn't work like that... at all.

To put it simply, when people spread a meme over the internet (like say, sending a link to a video or posting a picture), they aren't profiting from that. Here, Warner Bros. used their property without permission and are profiting from it. That's wrong, and as a huge company, they should know better, and now they have to face the consequences.

(Besides, the copyright holders are obligated to sue. If you don't defend your copyright, you basically forfeit it, so...)

Your argument is akin to saying "Copyrights on popular songs don't real because they wouldn't be popular songs if people didn't listen to them, so therefore they belong to the people." Nope, sorry, that's not how it goes.

 

[koimayeul]

Yeah, it doesn't work like that... at all.

To put it simply, when people spread a meme over the internet (like say, sending a link to a video or posting a picture), they aren't profiting from that. Here, Warner Bros. used their property without permission and are profiting from it. That's wrong, and as a huge company, they should know better, and now they have to face the consequences.

(Besides, the copyright holders obligated to sue. If you don't defend your copyright, you basically forfeit it, so...)

Your argument is akin to saying "Copyrights on popular songs don't real because they wouldn't be popular songs if people didn't listen to them, so therefore they belong to the people." Nope, sorry, that's not how it goes.

If it was a major feature and selling point like one of the Slender games, such as a whole Nyan cat iphone app, OK but obviously not in the current case. How many customers purchased Scribblenauts Unlimited for Keyboard and Nyan Cat? Anyone..? Was it announced? It's easter egg..
This is greed for money from the two copyrighters, unless they care for being credited only. They want to be credited? Fair enough indeed, a patch is easy done. They want it removed? A patch is easy done the same. Game never sold on this meme, i am about 99% positive with this affirmation, so no money for them. Fair case!

 

[Foxi4]

Honestly? I don't really know what to think of this.

On one hand, I agree that it's bad practice to blatantly use something that's not your copyrighted property in your IP's. On the other, neither of those things were proper game mechanics - the game doesn't focus on them, they're Pop Culture Easter Eggs and I love those.

Fallout had a T.A.R.D.I.S in the middle of the desert and I don't think the owners of the Doctor Who brand sued anyone - it was included for the heck of it, as something funny, something the player can relate to. It was breaking the 4th Wall, it was funny, and that's great.

Same with the Federation's shuttle or the Taser from Star Trek:

I don't think we should all fall for the copyright craze, we shouldn't go the Apple's way of doing things and chill. They want a cut of the profits? Great, I suppose, but I hope this doesn't start a negative trend of avoiding Pop Culture references.

 

[caribou007]

The game did sell with these memes. According to the Reddit hivemind, WB used the images of the memes in an advertisement for the game.

And, WB sued the people who had been lovingly working on a very promising modification for The Elder Scrolls: Skyrim, "Middle Earth", which was a tribute to LotR, to which WB holds the movie copyrights.

 

[Foxi4]

The game did sell with these memes. According to the Reddit hivemind, WB used the images of the memes in an advertisement for the game.

Ahh, I see - I was not aware of that. In that case, it's pretty naughty, yes.

 

[caribou007]

I'm trying to decide if copy pasting Nyan Cat can be considered an artistically derivative element, since Scribblenauts is about combining random things together. Is it satirical? I think that it could pass as so.

However, the Fallout examples only made reference to one object from Star Trek and Doctor Who, respectively. You couldn't claim that they took the entire concept of either story and copy pasted it into Fallout. However, Scribblenauts takes the entire Nyan Cat image, and copy pastes it in.

The name "Nyan Cat" is trademarked, and that's what you have to type to get the Nyan Cat image, which is copywritten.

By typing just "Nyan", trademark infringement would be avoided, and instead of copy pasting the entire Nyan Cat image, a reference could have been made to an element that is associated with Nyan Cat, like rainbow colours. Or something. You'd have to put some thought into it. Thus, the term artistically derivative.

 

[Gahars]

If it was a major feature and selling point like one of the Slender games, such as a whole Nyan cat iphone app, OK but obviously not in the current case. How many customers purchased Scribblenauts Unlimited for Keyboard and Nyan Cat? Anyone..? Was it announced? It's easter egg..
This is greed for money from the two copyrighters, unless they care for being credited only. They want to be credited? Fair enough indeed, a patch is easy done. They want it removed? A patch is easy done the same. Game never sold on this meme, i am about 99% positive with this affirmation, so no money for them. Fair case!

So violating copyright only matters if you use it as a selling point? Uh... I'm going to have to go with "Nope" on that one.

 

[koimayeul]

So violating copyright only matters if you use it as a selling point? Uh... I'm going to have to go with "Nope" on that one.

I'm not making laws but afaik without profit involved, they are not causing any real loss. I am quite sure "cat meme" are not "sold" anyway. Yes, they should give credit somewhere in the game for all they include as content i agree, and money if it was advertised for sales profit.

The wrong side of this is, think of a random youtuber using popular songs in their videos and there are countless out there, if all copyright claims are going the lawsuit road, what a world? A disclaimer about it to give credit where it belong should be good enough to go when it's not a commercial project.

The game did sell with these memes. According to the Reddit hivemind, WB used the images of the memes in an advertisement for the game.

And, WB sued the people who had been lovingly working on a very promising modification for The Elder Scrolls: Skyrim, "Middle Earth", which was a tribute to LotR, to which WB holds the movie copyrights.

Now, THIS is a real turnaround ala Phoenix Wright, if they did / do promote it as a selling point alright. ^^

 

[mechadylan]

Whoa! They used Nyan Cat on the Scribblenauts Unlimited E3 trailer?!? WB, what are you thinking?

 

[Grawly]

Yo Nyan Cat and Keyboard Cat are copyrighted intellectual property and being used without the permission or credit of the original authors. The point here is that this is software being sold for profit and this is legal grounds for a lawsuit.
Personally I think this thing is dumb as heck but they do have legitimate cases against Warner and are entitled to compensation for their work.
They're shitty Internet memes but they're not public domain.

 

[Rydian]

Fallout had a T.A.R.D.I.S in the middle of the desert

No, they had a British police box in the middle of the desert.

 

[Foxi4]

No, they had a British police box in the middle of the desert.

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

(yes, I know you kid )

 

[RedCoreZero]

...Seriously?

 

[Maxternal]

Spoiler: Posting this is risky business now ... click at your own peril -->

Don't sue me plz.