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: http://www.hypergridbusiness.com/2011/08/how-to-lose-your-copyright-in-three-easy-steps/
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: http://www.iplg.com/resources/articles/losing_trademark_rights.html
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.