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

Discussion in 'User Submitted News' started by Sicklyboy, May 2, 2013.

  1. terminal_illness

    terminal_illness Dark Hadou Master

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    Canada! Mah Fukas!
    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.

    [​IMG]

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

    koimayeul GBAtemp Maniac

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    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.
     
  3. terminal_illness

    terminal_illness Dark Hadou Master

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    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
     
  4. koimayeul

    koimayeul GBAtemp Maniac

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    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.
     
  5. Veho

    Veho The man who cried "Ni".

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    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:

    [​IMG]
     
  6. koimayeul

    koimayeul GBAtemp Maniac

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    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..
     
  7. Heran Bago

    Heran Bago Where do puyo come from?

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    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.
     
  8. Foxi4

    Foxi4 On the hunt...

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

    koimayeul GBAtemp Maniac

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    Nooo it should be smooth and friendship is magic, always! :yay:
     
  10. FAST6191

    FAST6191 Techromancer

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    Nov 21, 2005
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    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?
     
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  11. ferofax

    ferofax End of the World

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    Dude keeps leaving the breaks on, smh.
     
  12. MarkDarkness

    MarkDarkness Deliverator

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    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!
     
  13. Rydian

    Rydian Resident Furvert™

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    Feb 4, 2010
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    Cave Entrance, Watching Cyan Write Letters
    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.
     
    Gahars likes this.
  14. Veho

    Veho The man who cried "Ni".

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    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 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.

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

    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.

    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:

    [​IMG]


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

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

    Nice argumentum ad absurdum there, bro, it highlights your ignorance of the subject matter well. And again, "copyright", "meme", and "commercial use". Read up.
     
    terminal_illness, Gahars and Rydian like this.
  15. ccmalls19
    This message by ccmalls19 has been removed from public view by p1ngpong, May 6, 2013.
    May 6, 2013
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