Fighting is Magic gets ordered to Cease and Desist from Hasbro

Ghaleon640

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Jan 13, 2011
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Very, very disappointing. I've played it and was incredibly impressed every step of the way. For Hasbro to wait so long before sending the cease and desist is simply baffling.
 

dtgenshiken7

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Aug 4, 2011
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I think the issue here is that neither side subscribes to the idea of moderation. I'm sure this should be fixed soon, heck, this game is going to go ahead. Don't believe me? The developers spent two years working on this, it is a considerable chunk of their lives, and I'll be damned if I found one group of people who listened to people giving orders expecting not to have to give anything in return.

Even if the remaining devs on Mane6 have to go directly against Hasbro, they're going to do it. It doesn't matter how difficult it is, there is going to be a release of the full game.

And I do support both sides in this, because both of them are simultaneously at fault and protected.

Hasbro, in their defense, were forced to do this. I'm glad they did, because the results of their failure to do so would have been disastrous. Every man and his dog could have pointed to this and said "Well they can do it, I can too!" (Or in the dogs case, "Arf!").

In the Mane6's defense, that was a metric shit ton of time they put into the game. Love and care was put into it, and so much support, and money, and time and hours were put into it that the lawyers must be blind to the facts. I almost think Hasbro didn't get all the facts from their legal division. Hasbro execs have approved an episode with Derpy (briefly), and toy lines with several Fan-named characters, if they had all the facts this would be par for the course.

I reckon this is going to blow over soon when Hasbro yanks the leash on their legal division and looks for themselves. Either way, this game is definitely seeing the light of day, something I'm happy about. Kinda sucks that LF had to get involved, but what can you do.

Once more, I think both sides could learn from a certain saying, "Moderation in all things."
 

Terminate421

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Jul 21, 2010
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So they shut this thing down but won't hunt down onto pornography of their characters? I am confused.
 

chris11246

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Newtonyd said:
chris11246 said:
Newtonyd said:
snip

*Edit* Not to mention the potential publicity and free advertisement they lost out on if the game was going to be featured at a tournament. Really just... why? At times like this I genuinely want to know why companies are so determined to lawyer up over copyright to their own detriment.
Actually according to copyright law they have to defend the copyright anytime they find an infringement or else the lost it. Its a weird part of it but it forces their hand.
I've heard that several places. I've also heard it's a myth, and that this idea applies to trademarks only, not copyrights.

A quick search found this: http://www.hypergridbusiness.com/2011/08/how-to-lose-your-copyright-in-three-easy-steps/

So they can't use this as a valid excuse.

*Edit* Whoops, wrong website.
I always mix those up, so I guess they feel they have to stop them in case they give the brand a bad name
 

Kopikatsu

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May 27, 2010
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chris11246 said:
Newtonyd said:
chris11246 said:
Newtonyd said:
snip

*Edit* Not to mention the potential publicity and free advertisement they lost out on if the game was going to be featured at a tournament. Really just... why? At times like this I genuinely want to know why companies are so determined to lawyer up over copyright to their own detriment.
Actually according to copyright law they have to defend the copyright anytime they find an infringement or else the lost it. Its a weird part of it but it forces their hand.
I've heard that several places. I've also heard it's a myth, and that this idea applies to trademarks only, not copyrights.

A quick search found this: http://www.hypergridbusiness.com/2011/08/how-to-lose-your-copyright-in-three-easy-steps/

So they can't use this as a valid excuse.

*Edit* Whoops, wrong website.
I always mix those up, so I guess they feel they have to stop them in case they give the brand a bad name
Well, My Little Pony is marketed to young girls. Having a game associated with the brand where their favorite characters kick each other in the face until one collapses in an unconscious heap is probably not a message they'd like to be associated with.
 

Z of the Na'vi

Born with one kidney.
Apr 27, 2009
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Well, that sucks. I was really looking forward to playing it when it was complete, too.

I supposed I can't blame Hasbro for doing what they need to when it comes to protecting their IP's, though.

Still though, pretty bummed.
 

OtherSideofSky

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Jan 4, 2010
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Well, that was expected.

Seriously, this happens to every ambitious fan game project that looks like it's about to actually produce something, and everyone acts like the C&D is a complete shock every single time.

If someone wants to actually get one of these games completed and distributed before the rights holder brings the hammer down, they need to keep it secret until it's actually finished and ready to be played and then throw it up on a bunch of torrent sites.
 

Redingold

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Mar 28, 2009
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Kopikatsu said:
chris11246 said:
Newtonyd said:
chris11246 said:
Newtonyd said:
snip

*Edit* Not to mention the potential publicity and free advertisement they lost out on if the game was going to be featured at a tournament. Really just... why? At times like this I genuinely want to know why companies are so determined to lawyer up over copyright to their own detriment.
Actually according to copyright law they have to defend the copyright anytime they find an infringement or else the lost it. Its a weird part of it but it forces their hand.
I've heard that several places. I've also heard it's a myth, and that this idea applies to trademarks only, not copyrights.

A quick search found this: http://www.hypergridbusiness.com/2011/08/how-to-lose-your-copyright-in-three-easy-steps/

So they can't use this as a valid excuse.

*Edit* Whoops, wrong website.
I always mix those up, so I guess they feel they have to stop them in case they give the brand a bad name
Well, My Little Pony is marketed to young girls. Having a game associated with the brand where their favorite characters kick each other in the face until one collapses in an unconscious heap is probably not a message they'd like to be associated with.
Pfft, yeah, there's scenes like that in MLP.

 

Dangit2019

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Kopikatsu said:
Well, My Little Pony is marketed to young girls. Having a game associated with the brand where their favorite characters kick each other in the face until one collapses in an unconscious heap is probably not a message they'd like to be associated with.
 

bubba145

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Terminate421 said:
So they shut this thing down but won't hunt down onto pornography of their characters? I am confused.
Actually they did on some of the sites that have it. They forced them to change the names or remove all the content.
 

Zyst

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Jan 15, 2010
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Caramel Frappe said:
Zyst said:
I'm sure it probably has been posted already but you do know that if a company doesn't protect their IP and another company makes a game based around said IP they lose it? So Hasbro could effectively lose the rights to my little pony.

All in all it's usually not the artists but the law part of corporate that makes these decisions. Stop saying "Wow hasbro what a dick move" as if it was a single organism or something. Hell, many of the artists might've been psyched to play the game, whatever.
Understandable, but ... it's not the reason why everyone's upset with Hasbro.

It's because they decided to let the developers work 2 years of their lives on this project, and before launch come in to cancel their project. Despite of IP claims and issues, personally Hasbro should of stopped the project long before so it saves the developers from wasting their time.

Again you're right about what could happen, but to do so now instead of 2 years back is very questionable no?
In defense of my argument the minority is the people who feel what you mentioned. Most of the posts are "Hasbro are dicks I was looking forward to this."

In the end not even Valve allows this kind of stuff because of IP issues, if they see a very promising project they do occasionally hire the team so it is released as a Valve product though which is pretty awesome.
 

John Daigle

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chadachada123 said:
Hell, the build that was being made for EVO is already leaked online. Hasbro doesn't have a chance of stopping it, only of driving it underground.

http://www.mediafire.com/?co83btlycky73a6
This is JUST what I was looking for! but how to I run it? I cant unzip it without all the files not being extracted. Do I need a program or something?

OT: Hasbro definitely could have told them earlier not to waste their time. Or they could have pulled a Gabe Newell and signed Mane6 up to make Fighting Is Magic as a game on steam. I guess not all companies can be as cool as Gabe Newell and Valve.
 

Therumancer

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Nov 28, 2007
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Hazy992 said:
So they waited all this time before ordering the cease and desist? That seems pretty dickish, they could have just done it a lot sooner, not letting the developers spend two years of their life on a game they can't release. I bet they've known about this game for ages now.
It's strategy, and I comment all the time that I expect fan projects to get hit at the finish line, a lack of initial dispute when something like this starts means nothing.

The basic idea is that if a big company goes after everyone just starting to make a potentially worrying infringement they are going to run themselves ragged, and find themselves battling on so many fronts that it's not even funny. Especially seeing as fans are capricious, and the number of fan projects that actually survive long enough to amount to anything are few and far between.

Going after the developed ones right before release helps cut down on potential targets, as well as discourages similar projects since nobody wants to put thousands of hours into something and god knows how much personal money, only to have it wiped out at the finish line. People are going to look at this game for years to come and be reluctant to mess with the MLP liscence.

Also given their ownership of the property they can probably also claim the work on the game for free, being a nearly complete product, it means they can potentially steal that code and use it for something else later. Whether they do or not, it becomes an asset.

It's slimey yes, but it's the most beneficial way to do things from a corperate perspective, the most potential gain, for the least actual work. Besides all those failed projects and the things you ignore until they get to this point allow you to lull the fandom into a sense of security, that your not being a copyright nazi. You want to encourage the fandom to talk and produce harmless stuff... just not anything that could potentially infringe onyour bottom line, limit your options, or create a potential conflict of interests (even an obscure one).

As I've said before, on many occasions, if your going to do a fan based project on anything like this scale, hide. Make annoucements, but no way to contact you. Use a pseudonym or handle for all communications. Circulate builds and information entirely through anonymous sources like torrents, if your project requires a server (like an MMO or Emu) find one that is outside of the US in country that doesn't follow US copyright and protection laws, and plan ahead to deal with attempts to hack/shut down/lock out your server ahead of time.

It sounds like a lot when your dealing with fan projects like this, but it's pretty much nessicary nowadays, at the very least you make yourself too much of a pain in the arse to bother with. Your by no means untouchable, but it does make companies wonder if your fighting game/emu/minor MMO is worth the time and trouble, for the potential gains. In general a big company with a copyright will crush anyone they can easily at the most optimum (for them) time, and to make an example, assuming they can do it with what is for them minimal effort.

The way this went down I'm guessing the options of "Fighting Is Magic" have limited options since they are apparently known well enough to find and contact officially. The only real move they could potentially pull at this point would be to "leak" a late copy claiming it was sent to testers... puttting it up by torrent, and then claiming any further developments appearing by torrent were simply the work of unknown third parties based on that build while they had indeed complied with the desist order.... and that ones touchy depending on the specifics of what's going on right now.
 

Soviet Heavy

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Jan 22, 2010
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Evil Smurf said:
why did'n't Hasbro hire them?
Because their target demographic is young girls, and I doubt parents would like them playing a game where their TV role models beat the shit out of each other.
 
May 29, 2011
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MetalMagpie said:
Newtonyd said:
Lilani said:
Kopikatsu said:
Was this unexpected? They shut down MLP Online, Rainbow Dash Presents, etc. They're very protective of their copyright.
Well, very protective when it comes to products related to the show. They don't crack down too hard on the show being on YouTube and such, partially because it's inevitable and partially because YouTube and other Internet sources are how they get more fans hooked on the show. Their real money is made with the dolls and merchandise. But yeah, games would fall into that category of "merchandise" as well. Honestly I'm surprised they haven't tried to make more official MLP games, that would definitely be something bronies would line up to spend money on.
Still, it was a non-profit game, and a fighting game. Hardly the kind of thing that actually competes with any of the reportedly shitty MLP games Hasbro has been putting out. This is a stupid move that won't increase company profits, but WILL increase fandom ire toward Hasbro, which is already fairly high.

I guess their legal department isn't paid to really think these things through.

*Edit* Not to mention the potential publicity and free advertisement they lost out on if the game was going to be featured at a tournament. Really just... why? At times like this I genuinely want to know why companies are so determined to lawyer up over copyright to their own detriment.
Unfortunately, the way copyright works is that you need to defend it in all relevant cases or you lose the protection. You can't pick and choose. If they ignored one unlicensed MLP video game, then potentially any video game company could release a MLP video game and cite Fighting is Magic in court.
...Isnt that completely fucking retarded?

Who designed the united states copyright system? Monkeys high on meth? It allows complete freedom in some areas but in areas like this it feels like whoever came up with these laws wasnt even thinking about long term consequences in the slightest.
 

Veylon

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Soviet Heavy said:
Evil Smurf said:
why did'n't Hasbro hire them?
Because their target demographic is young girls, and I doubt parents would like them playing a game where their TV role models beat the shit out of each other.
Don't these kids play pokemon? This is no worse than that. Heck, there's even a few brawls on the show. But, yeah, the parents would likely kick up a fuss anyway.