EPTMy Little Pony: Friendship is Magic - Page 708
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No, this is not a joke/trolling thread. We don't need more filler posts asking if it is. Remember to spoiler season 6 content, and clearly label your spoilers. | ||
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Solarsail
United Kingdom538 Posts
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motbob
United States12546 Posts
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nohbrows
United States653 Posts
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Gary Oak
Canada2381 Posts
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Camail
United States1030 Posts
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erkicman
United States206 Posts
On February 09 2013 12:17 Camail wrote: I haven't felt this sad for awhile. This was the one pony thing that really made me feel like I did when I first joined the fandom. I don't know what to do now. I'm leaving the fandom. This was what made me a brony, and I spent over a year following every development of this game. I can't even listen to the music tracks anymore, as it doesn't feel the same. My favorite Dr. Whooves writer, Loyal2Luna has writer's block, the next episode of Turnabout Storm isn't coming out for probably another year, Repercussions is pretty much done, and Pen Stroke doesn't have a solid plan for how Winter Bells is gonna end, and now the most anticipated game of my life (I'm not actually kidding about this. I can't remember another game that has had me as hype as this!) has been shut down. Not much keeping me around here anymore. Gonna stick around just to see the sh!tstorm on SRK, but that's it. It's been a ride, Bronies, but I gotta move on with my life. | ||
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Chairman Ray
United States11903 Posts
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Barbiero
Brazil5259 Posts
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Talaris
Switzerland753 Posts
On February 09 2013 13:42 Chairman Ray wrote: It's sad that Hasbro's legal team issued a C&D after almost 2 years in development. Major dick move. While I'm also sad that FiM is shut down, I disagree about it being a dick move. It could be expected that Hasbro would be forced/would issue a C&D some time in the future ... and there was plenty of time to finish at least a playable build instead of dragging it out even more and more and more... and in all seriousness: There is just so much that a company can close their eyes to, but if you start talking about hosting tournaments with price money do you really wonder if the company does not believe it anymore that it's "just a fanproject not intending to earn any money" ?? I mean you could have stayed low profile, couldn't you ? =( So, sad to see it shut down, but at least for me it's not solely Hasbro to blame  On February 09 2013 14:19 Zephirdd wrote: It'll probably come back. As they said, they are waiting responses. If this fandom could take derpy off the show with just a few, they can convince hasbro to allow the game. Kinda what I'm hoping for, too - hopefully Hasbro will show some goodwill. | ||
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RoKetha
United States211 Posts
On February 09 2013 11:15 Solarsail wrote: It deserved to be killed. They were going around hyping it as EVO worthy, talking about a mainstage tournament, having cash prize tournaments for it, and they don't even own it. Except Mane6 didn't do a single one of those things. That would be EVO putting them on the list on their own and then contacting them after the fact. On February 09 2013 12:13 Gary Oak wrote: Real tragedy that such an amazing project had to end this way. Chalk up another victory for retarded American copyright laws. It's a trademark issue, not copyright, and Hasbro really didn't have any reason to make this C&D. You're not required to defend your trademark in every case to maintain it, and especially not against a tiny group of people who are not in competition with you, are not receiving monetary gains, and explicitly state that you own the property. Fighting is Magic would not have lead to any confusion that Hasbro was the property owner, which is the most important thing that Hasbro has to guard against. Trademarks are lost either when a trademarked term, brand, or character is considered abandoned, when it is abused by a third party without recourse to such an extent that the public can no longer associate it with your company, or when the term or character becomes so ubiquitously used by the public that it can no longer be considered a property of your company. (An example: the word "escalator".) You are required to both use and defend your copyright to some extent to avoid being considered to have abandoned the trademark, but again, the scope and nature of this project does not at all threaten Hasbro in this way. The only way that it does hurt Hasbro is that by not challenging Mane6, they would have limited the amount they could claim in damages from future lawsuits over the MLP trademark. But again, that's only going to hurt them an amount relative to the scope of the project. Regardless, it's a really dick move of them to let it go in development for literally a matter of years before saying anything whatsoever about it, despite it appearing in numerous online and print publications with wide audiences. In other news, Lauren Faust offered to supply Mane6 with character ideas after hearing about this... but I don't think she realizes that without the MLP property, Mane6 has nothing but some UI elements, a magic system, and some code for wallbouncing. They didn't write the engine or anything; all their work was on the specific characters. | ||
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Talaris
Switzerland753 Posts
Trademarks are lost either when a trademarked term, brand, or character is considered abandoned, when it is abused by a third party without recourse to such an extent that the public can no longer associate it with your company, or when the term or character becomes so ubiquitously used by the public that it can no longer be considered a property of your company. (An example: the word "escalator".) You are required to both use and defend your copyright to some extent to avoid being considered to have abandoned the trademark, but again, the scope and nature of this project does not at all threaten Hasbro in this way The only way that it does hurt Hasbro is that by not challenging Mane6, they would have limited the amount they could claim in damages from future lawsuits over the MLP trademark. But again, that's only going to hurt them an amount relative to the scope of the project. Thanks for the lecture in US law / clearing stuff up, still wondering about the cash tournament stuff I read about though. Aren't you basically making money w/o having the "go ahead" from the company owning that Trademark ? Edit: also see Solarsail and aeroblaster's posts below | ||
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Gary Oak
Canada2381 Posts
On February 09 2013 14:32 RoKetha wrote: It's a trademark issue, not copyright, and Hasbro really didn't have any reason to make this C&D. You're not required to defend your trademark in every case to maintain it, and especially not against a tiny group of people who are not in competition with you, are not receiving monetary gains, and explicitly state that you own the property. Fighting is Magic would not have lead to any confusion that Hasbro was the property owner, which is the most important thing that Hasbro has to guard against. I meant trademark laws, sorry. I was referring to the law you're talking about. That's why I specifically said American laws, and not Hasbro being a dick. | ||
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Solarsail
United Kingdom538 Posts
On February 09 2013 14:32 RoKetha wrote: Except Mane6 didn't do a single one of those things. That would be EVO putting them on the list on their own and then contacting them after the fact. - They ran a cash tournament at Canterlot Gardens - After being invited, they agreed to be in the running and have money donated in their name. | ||
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aeroblaster
United States422 Posts
The problem was they tried to make money using characters from a brand they do not own. - They ran a cash tournament at Canterlot Gardens - After being invited, they agreed to be in the running and have money donated in their name. Making any money, even non-profit, is illegal without Hasbro's permission. | ||
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Camail
United States1030 Posts
They never accepted money for their game. The openly refused to take donations even when they were unrelated to the support of the game. | ||
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Solarsail
United Kingdom538 Posts
Also it's not definitively illegal. That would need to be proven in court. But they did bring it on themselves for playing risky. | ||
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aeroblaster
United States422 Posts
On February 09 2013 14:48 Camail wrote: You are both wrong. Please provide sources for your facts, because anyone who has been following this game knows you are wrong. Especially aeroblaster. They never accepted money for their game. The openly refused to take donations even when they were unrelated to the support of the game. Hasbro's not being a dick, they pony fighter guys went too far, they crossed the line, and Hasbro has now stepped in and said, okay we need to put an end to this. Imagine if YOU owned characters from a popular series and saw other people fucking with it and making money off of YOUR ideas. Sure, fanfic is fine. But potentially stealing a ton of money away from you with their project should not be tolerated, and the USA has laws protecting intellectual property. I don't know if they made/involved money from it. I'm informing you that copyright laws can also prevent potential threats like these, and it's fully within Hasbro's rights to enact a cease and desist letter. | ||
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Camail
United States1030 Posts
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Solarsail
United Kingdom538 Posts
On February 09 2013 14:48 Camail wrote: You are both wrong. Please provide sources for your facts, because anyone who has been following this game knows you are wrong. Especially aeroblaster. They never accepted money for their game. The openly refused to take donations even when they were unrelated to the support of the game. I know they didn't take money for themselves, but cash was being handled in the name of Fighting is Magic when it needn't have been. In the tournament they took an $8 entry fee. With the donations people were asked to donate to a Fighting Is Magic branded page for the money to go towards the charity. | ||
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erkicman
United States206 Posts
Guess who's offering original characters/"Not MLP OCs, something totally new" to Mane6? Lauren Faust. Are we gonna see a Galaxy Girls fighter? | ||
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