Thursday, July 25, 2013

My Little Pony - Fighting is Magic And How it Could Make It

Note: I'm not much of a very hard expert I think and I could be wrong on some things. I also know the project is trying to get around the Cease & Desist by trying to add new characters and a new name. Also again, I may keep this article here for a while, and might post this on another website if I can, and it could be months old later, but it shouldn't matter how old this is.

You know the fan made game called "My Little Pony - Fighting is Magic"? It was being worked on, and everyone was so happy that it was, well at least those who wanted to play it and there was lots.
But then a anti-fandom/culture movement happened called "Cease & Desist" came along and ruined the dream that Mane6 wanted to create. However I probably wouldn't see "ruined" for many kinds of reasons.
But yeah, a very bad thing that should be declared unconstitutional has happened. Which is what I explain above. Although it's not very recent now.. But I still wanted to make this article, for the hopes of those who still want this, but it probably would be no luck under law but for those who still want to fight it, even if it were illegal (Maybe "violate" copyright, which is what we did to make culture in the first place).

First and I mean first, the Myths.

Myths And A Possible Myth

First and thereof, the Myths and a possible Myth:
Some people has claimed that if "Hasbro" did not do this, they would "lose" "there Copyright". But where did that myth come from? Are they right that you would somehow lose Copyright if someone were to deny taking it down? I don't think there is any law saying that "if you don't take something down from a report, you would lose your Copyright." Where is it? If this was true, won't Copyright be taken from the companies already?
However I don't think that's the case because Copyright under legal, is supposed to be rights to a person, or maybe a company, if a company chose not to take anything down, then they are allowing it, they do not lose it. Copyright (under current law) is supposed to be "All Rights Reserved" not force to always take something down.
What if I wanted to keep someone's work based on mine up? And my work that He/She is using was copyrighted by me? If someone reported me "This is infringing your work!", but I allowed it because I love culture and freedom, do I lose my Copyright? There is no legal thing saying that I would, especially if it's unofficial. As for rights of Copyright, you have the right to allow copying, and usage. But also the "right" to take it down.

Also, look at this link:

I don't really like this website but I think it's sometimes useful.
For the case of Copyright, it is clearly Hasbro's fault.

Now for the other Myth but possible, as I'm not so sure about this, is the Trademarks.
Now under law, you do lose a Trademark if some other business use it as officially in another business I think. But do you lose a Trademark if it was use unofficial and for free? If that was the case, then wouldn't tons and tons of fan sites been taken down already? Or if the company sees one that uses the title? That would be messed up would it?
If unofficial does not fit in the case of losing a Trademark, then that is also Hasbro's fault.

Also, how to lose a Trademark:

Not sure if this is very clear. But this is the myth that I'm not very sure still but kind of am sure.
So the whole thing, is pretty much there fault. They could of allowed it and still be able to make the show. People need to stand up more against what they been doing to the fandom, abusing it.

The Legal Hopes of This Project Coming Back

As I am sick of people claiming "Get over it", well I am not going to get over something that violates Freedom of expressing, like Internet Freedom.

Anyway, there might be hopes to get around the C&D. And here they are!
Note: It can be at least one, for it to come back I think. Also, some of these are ideas too.

1.  Wait for the show to go into the public domain.
This is that thing where I mainly said, this wouldn't help very soon, ha ha but there could be possible ways for it to make it happen soon but that's hard, or maybe force them to lose Copyright (That would be better) but as a lot of information about legal Copyright, that is very hard.
2. After transferring the Intellectual Property
I'm not so sure on this but, I think if another company would "take over the rights", the letter may not be valid anymore, but I am not very sure of this.
3. Go to another country, where it's fine.
You do know, Copyright law isn't the whole world (Nor outside, thank God) and there are many countries who use different versions of Copyright law. In fact, if you were just to move to any country, maybe it won't be valid, not sure though. Should do more research. But if still valid, go to one where it doesn't have much of Copyright law at all.
Odly though, I heard from Mane6 saying something about "Forbidden impossible" about this if I could remember, not sure what that means but I still believe it is still.. Since the company can't sue in a different county like China. Maybe he just means he doesn't want to move. I understand if so. Also, the company won't lose the Copyright once again.
4. Possibly more legally.
It's possible for the company to let go of the C&D and such. Maybe keep asking, and maybe put more information. Keep demanding!

The Other Way, Maybe Illegal

Well this is the other way, it can be an alternative or both. For those who wants to fight for Internet Freedom, even doing it risky, go for it. But I could recommend to make sure the possible sue does not effect you, or if you had a lot of money and the sue wasn't much.
1. Ignore the letter
I could suggest to just ignore it, fight for it, some people has done this and it worked. Maybe secretly let another person upload it or something.
2. Force Them to Change it, badly
You know, I think I just wrote that one because I think "1." is basically the main known thing when it comes to ignoring such a bad law like Intellectual Property. So I just wanted to think of this, I guess you know, the unlawful way. But I don't really think it's a well suggestion at all. Just wanted to put this in just so I could have more than 1 suggestion.

One of The Big Worries

There is one large worry I often have, what about other non-profit fan made projects? I find it very bad, to see a unoffical, non-profit project to be effected, so it made me think of all the other fan made stuff, which is what we have. If Hasbro decides to go against them too, then what a terrible idea. And I think they shouldn't do that legally, nor should be a right and what about Fair Use? I believe they have the right to express fan made stuff, and the company won't lose "there IP" when they do.. Also goes for this project as I explained why.
Also makes me wonder if many unofficial things are somehow illegal now. You know? I really hope at least maybe this project was because of donates, not sure. But it's bad still.  

Final Thoughts

Honestly, even though there is already new ideas of kind of restoring the project without violating the C&D. I wanted to target the current IP thoughts about this and also hope for the project to still make a come back for those who still want it. So I tried to put in possibilities in. I also thought of how bad Hasbro was doing so far, it wasn't just this project that got badly hurt in this low world. But other kinds of things of My Little Pony - Friendship is Magic.

People need to start standing up. It all started with the fandom (or sub-culture, if you want to believe it) growing, and had the freedom to make all kinds of projects, ever since the main director of the show left, they been trying to shrink it often now. And I find it very offensive more than "business money" reasons to stop projects if it was others like just because some parents may not like it. It's a fan thing that people can always ignore if they want.

Also, there is nothing wrong with giving up on this project or any free expression, anyone who thinks that it's dumb to think this is stupid, and possibly saying "Get over it." is a moron. And needs to just focus on there own lives.

Also, just in case, I think this article can be a necessary thing for people to stand up against other lack of freedom acts too. Unfortunately, if Hasbro doesn't change for the better of these cursed C&D, then either the fandom will be very boring, where some people can barely have the sense of freedom anymore, or maybe just ignore the new letters for the heck of it.. Ignoring it may be risky but it's not bad morally. Anyone who suggest that a "brony shouldn't act like this" needs to stop judging other peoples.

I'm the type of guy who tries to fight for all kinds of expressions and had studied about how IP movements like C&D can hurt culture, hurt fans, and I like to try to fight for fans and even non-fans. In fact, I mainly was going to also say that IP laws has been hurting many cultures and fandoms. Not just this one. I'm the type of guy who doesn't like to give up, on nearly everything.

Also, for those who wanted some hopes, I tried my best to give you some! Mainly to just let you have them in your heads, even if it wasn't soon. Besides, another fan can try to make it if they want I think.

Also, please share this article! I think it may be useful. Also here, CC-By -wwwarea or Jesse
Yet, it may still be "Copyrighted" but if someone shares it and I allow it, even if it was reported to me, but I still allowed it, I won't lose the Copyright. I'm sure.