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#51 2011-06-20 18:00:06

higejolly
Scratcher
Registered: 2009-08-08
Posts: 500+

Re: Those of Us Who Side With Namco: A petition

Give me 9001 reasons to support!


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#52 2011-06-20 18:01:06

gbear605
Scratcher
Registered: 2008-03-06
Posts: 1000+

Re: Those of Us Who Side With Namco: A petition

I do agree. 
❶The Lifelong Kindergarten Group will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, the Lifelong Kindergarten Group may act expeditiously to remove or disable access to any material claimed to be infringing. Repeat infringers of third-party copyrights are subject to termination in appropriate circumstances.

❷In assessing whether or not a Scratch user has violated your copyrights, please keep in mind that Scratch is an educational and not-for-profit initiative, seeking to aid children’s learning by providing the tools for them to learn and express themselves using digital technology. Please also keep in mind the “Fair Use” doctrine incorporated into the Copyright Act of 1976, 17 U.S.C. § 107.

❸We hope you also see Scratch not only as a good way of popularizing your creations/website but also as an opportunity to do something good for children’s education.

❹If you choose to make a copyright infringement complaint, please note that we may post your notification, with personally identifiable information redacted, to a clearinghouse such as chillingeffects.org. Please also note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is infringing your copyright.

See, Checkmate ♕♔

Last edited by gbear605 (2011-06-20 18:02:38)


Yeah, I'm mostly inactive.  I check in once in a while though.  If you want to contact me, I have a contact form at my website, http://escratch.org

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#53 2011-06-20 18:03:08

scratch_yoshi
Scratcher
Registered: 2009-06-12
Posts: 1000+

Re: Those of Us Who Side With Namco: A petition

Aidan wrote:

Can someone direct me to an official Scratch page which specifically states that Scratch projects are protected under Fair Use?

Because, unless I'm mistaken, Scratch projects are only protected under the Creative Commons Attribution-Share Alike License.

+9002.

higejolly wrote:

Give me 9001 reasons to support!

Give me 9001 reasons not to support.


Retired from Scratch, but just the language itself. Not the forums.

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#54 2011-06-20 18:05:18

Aidan
Scratcher
Registered: 2007-06-15
Posts: 1000+

Re: Those of Us Who Side With Namco: A petition

Aidan wrote:

Can someone direct me to an official Scratch page which specifically states that Scratch projects are protected under Fair Use?

Because, unless I'm mistaken, Scratch projects are only protected under the Creative Commons Attribution-Share Alike License.

In addition, even if Scratch projects are protected under Fair Use, has anyone actually read what Fair Use actually covers?

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#55 2011-06-20 18:11:31

higejolly
Scratcher
Registered: 2009-08-08
Posts: 500+

Re: Those of Us Who Side With Namco: A petition

scratch_yoshi wrote:

Aidan wrote:

Can someone direct me to an official Scratch page which specifically states that Scratch projects are protected under Fair Use?

Because, unless I'm mistaken, Scratch projects are only protected under the Creative Commons Attribution-Share Alike License.

+9002.

higejolly wrote:

Give me 9001 reasons to support!

Give me 9001 reasons not to support.

1-9001: I SAID SO!!!!!


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#56 2011-06-20 18:12:57

brettman98
Scratcher
Registered: 2010-10-17
Posts: 1000+

Re: Those of Us Who Side With Namco: A petition

higejolly wrote:

scratch_yoshi wrote:

Aidan wrote:

Can someone direct me to an official Scratch page which specifically states that Scratch projects are protected under Fair Use?

Because, unless I'm mistaken, Scratch projects are only protected under the Creative Commons Attribution-Share Alike License.

+9002.

higejolly wrote:

Give me 9001 reasons to support!

Give me 9001 reasons not to support.

1-9001: I SAID SO!!!!!

those aren't very strong reasons...  hmm


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#57 2011-06-20 18:13:50

scratch_yoshi
Scratcher
Registered: 2009-06-12
Posts: 1000+

Re: Those of Us Who Side With Namco: A petition

higejolly wrote:

scratch_yoshi wrote:

Aidan wrote:

Can someone direct me to an official Scratch page which specifically states that Scratch projects are protected under Fair Use?

Because, unless I'm mistaken, Scratch projects are only protected under the Creative Commons Attribution-Share Alike License.

+9002.

higejolly wrote:

Give me 9001 reasons to support!

Give me 9001 reasons not to support.

1-9001: I SAID SO!!!!!

Well, that was 1.


Retired from Scratch, but just the language itself. Not the forums.

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#58 2011-06-20 18:19:55

777w
Scratcher
Registered: 2009-02-10
Posts: 1000+

Re: Those of Us Who Side With Namco: A petition

I don't really care about this stuff anymore, you know? I mean, we all have it in the sample projects folder anyway! BTW, how'd you get that font?

Last edited by 777w (2011-06-20 18:20:12)

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#59 2011-06-20 19:07:42

sanddude
Scratcher
Registered: 2009-06-29
Posts: 1000+

Re: Those of Us Who Side With Namco: A petition

calebxy wrote:

sanddude wrote:

SeptimusHeap wrote:


Protected under Fair Use.

Yep. It said directly in the link you used:

"Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include —

(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;

(2) the nature of the copyrighted work;

(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and

(4) the effect of the use upon the potential market for or value of the copyrighted work.

The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors."

So ha.

Max, read this.

Yes, Max. Do in fact read this.


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#60 2011-06-20 19:09:26

echs
Scratcher
Registered: 2010-03-18
Posts: 1000+

Re: Those of Us Who Side With Namco: A petition

Why does anyone even care?


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#61 2011-06-20 19:11:46

bananaman114
Scratcher
Registered: 2010-03-15
Posts: 1000+

Re: Those of Us Who Side With Namco: A petition

echs wrote:

Why does anyone even care?

Funny, I was about to post the fact that I couldn't care less about this old hat news.
I mean, it was a bit upsetting at first, but that was ages ago. Now I think we have heard all of the possible arguements and are jsut left to choose a side and stay there. I don't see the point in further debate.


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#62 2011-06-20 19:11:51

sanddude
Scratcher
Registered: 2009-06-29
Posts: 1000+

Re: Those of Us Who Side With Namco: A petition

echs wrote:

Why does anyone even care?

Because it's unfair to force Little Johnny to take down something due to copyright when it's not actually infringement.


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#63 2011-06-20 19:15:34

echs
Scratcher
Registered: 2010-03-18
Posts: 1000+

Re: Those of Us Who Side With Namco: A petition

sanddude wrote:

echs wrote:

Why does anyone even care?

Because it's unfair to force Little Johnny to take down something due to copyright when it's not actually infringement.

Well, obviously, but it's clear "Little Johnny" or his parents didn't want to take action, so you should just drop it.


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#64 2011-06-20 19:39:10

sanddude
Scratcher
Registered: 2009-06-29
Posts: 1000+

Re: Those of Us Who Side With Namco: A petition

echs wrote:

sanddude wrote:

echs wrote:

Why does anyone even care?

Because it's unfair to force Little Johnny to take down something due to copyright when it's not actually infringement.

Well, obviously, but it's clear "Little Johnny" or his parents didn't want to take action, so you should just drop it.

So? Just because they won't stand up for their rights, doesn't mean we shouldn't? It's unfair to take it down and we're going to try and stop it, even if the poster himself didn't take action.


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#65 2011-06-20 19:50:59

martianshark
Scratcher
Registered: 2008-03-24
Posts: 1000+

Re: Those of Us Who Side With Namco: A petition

Aidan wrote:

Aidan wrote:

Can someone direct me to an official Scratch page which specifically states that Scratch projects are protected under Fair Use?

Because, unless I'm mistaken, Scratch projects are only protected under the Creative Commons Attribution-Share Alike License.

In addition, even if Scratch projects are protected under Fair Use, has anyone actually read what Fair Use actually covers?

Uh... yeah. On the first, page, someone looked it up and found where it actually said we're protected.


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#66 2011-06-20 19:53:07

EmperorEvil
Scratcher
Registered: 2009-02-13
Posts: 1000+

Re: Those of Us Who Side With Namco: A petition

SeptimusHeap wrote:

He has total right to use copyrighted stuff, because Scratch has some educational thing that allows it.

Creative Commons  tongue


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#67 2011-06-20 19:55:13

SeptimusHeap
Scratcher
Registered: 2010-02-01
Posts: 1000+

Re: Those of Us Who Side With Namco: A petition

EmperorEvil wrote:

SeptimusHeap wrote:

He has total right to use copyrighted stuff, because Scratch has some educational thing that allows it.

Creative Commons  tongue

No, fair use.


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#68 2011-06-20 20:00:16

echs
Scratcher
Registered: 2010-03-18
Posts: 1000+

Re: Those of Us Who Side With Namco: A petition

SeptimusHeap wrote:

EmperorEvil wrote:

SeptimusHeap wrote:

He has total right to use copyrighted stuff, because Scratch has some educational thing that allows it.

Creative Commons  tongue

No, fair use.

The heap of septimus is right.

Also sanddude, I'd like to say something but it's political, so can you ask me something on Formspring?


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#69 2011-06-20 20:00:40

martianshark
Scratcher
Registered: 2008-03-24
Posts: 1000+

Re: Those of Us Who Side With Namco: A petition

MaxtheWeirdo wrote:

werdna123 wrote:

Give me 10 reasons to support.

1. Read Title 17, Section 107 of US Copyright Law here: http://www.copyright.gov/title17/92chap1.html#107 It says in 4 that the project can't interfere with the marketability of the original. Why buy Pac-Man if you can play a dozen clones for free?

Because it comes with a bunch of other games. Anyway, this wasn't even close to being the original, so there's plenty of reason to buy an actual Pacman game. It also wasn't popular compared with other EXACT copies of the game on the internet. Even Google posted an exact Pacman game for one of their doodles for millions to see.

2. Wouldn’t you want to be able to make money off your creation? They can’t make money if a clone is out there.

THEY AREN'T LOSING MONEY BECAUSE OF SOME STUPID FAN-MADE PACMAN GAME THAT HARDLY ANYONE KNEW ABOUT ANYWAY.

3. Many people say ”It’s educational, it’s fine”. Learning to program on your own is fine, but once you release it, it’s entertainmnt. It’s no longer just in a classroom.

But it's still educational. Besides that, 124Scratch wasn't making any profit on this project.

4.Many people also say ”But there are dozens of clones out there!” Thing is, that means nothing to the law. A single infringement lessens their ability to fight oher infringents. The existence of one aks it appear that they condone it. And you can’t know that they aren’t working to take down other clones.

I already answered this. Yes, it's "technically" okay, but that doesn't mean it's right. You're starting to sound like Weiner here if you know what I mean.

5. The portion of the work matters. The project was what Pac-Man is: A Game. It’s not fan-fiction, or an animation, it’s a game.

I don't see what this has to do with anything.


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#70 2011-06-20 20:21:43

sanddude
Scratcher
Registered: 2009-06-29
Posts: 1000+

Re: Those of Us Who Side With Namco: A petition

echs wrote:

SeptimusHeap wrote:

EmperorEvil wrote:


Creative Commons  tongue

No, fair use.

The heap of septimus is right.

Also sanddude, I'd like to say something but it's political, so can you ask me something on Formspring?

Oh, I disabled my Formspring account because it really wasn't fun after a while. It just got boring. So, sorry.


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#71 2011-06-20 22:15:25

PW132
Scratcher
Registered: 2009-05-16
Posts: 1000+

Re: Those of Us Who Side With Namco: A petition

MaxtheWeirdo wrote:

It was uploaded to be vieed by others as a game.
And I don’t know how I got the font.

Max, stop talking in broken font squares.


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#72 2011-06-20 22:17:44

somelia
Scratcher
Registered: 2009-09-13
Posts: 1000+

Re: Those of Us Who Side With Namco: A petition

sanddude wrote:

echs wrote:

SeptimusHeap wrote:


No, fair use.

The heap of septimus is right.

Also sanddude, I'd like to say something but it's political, so can you ask me something on Formspring?

Oh, I disabled my Formspring account because it really wasn't fun after a while. It just got boring. So, sorry.

It wasn't any fun because there were trolls. I feel so sorry for you.  sad

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#73 2011-06-20 22:27:18

sanddude
Scratcher
Registered: 2009-06-29
Posts: 1000+

Re: Those of Us Who Side With Namco: A petition

somelia wrote:

sanddude wrote:

echs wrote:


The heap of septimus is right.

Also sanddude, I'd like to say something but it's political, so can you ask me something on Formspring?

Oh, I disabled my Formspring account because it really wasn't fun after a while. It just got boring. So, sorry.

It wasn't any fun because there were trolls. I feel so sorry for you.  sad

No. Eventually, I just ignored the trolls. It just wasn't fun anymore, especially since most of my friends rarely got on. So the trolls have nothing to do with it.


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#74 2011-06-20 22:29:52

scratch_yoshi
Scratcher
Registered: 2009-06-12
Posts: 1000+

Re: Those of Us Who Side With Namco: A petition

MaxtheWeirdo wrote:

It was uploaded to be vieed by others as a game.
And I don’t know how I got the font.

Quit talking like that. It's getting annoying.


Retired from Scratch, but just the language itself. Not the forums.

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#75 2011-06-20 22:33:46

GravityCatisalie
Scratcher
Registered: 2010-04-30
Posts: 1000+

Re: Those of Us Who Side With Namco: A petition

scratch_yoshi wrote:

SeptimusHeap wrote:

Earthboundjeff wrote:

Fair Use.
Namco had no right. Copyright doesn't apply here. It's eduactional nature lets it have fair use.
Also, IT WAS A LITTLE KID. Do you walk up to a baby and yank it's bottle away and yell at it? No. You don't.

Better example:

Do you snatch a little kid's drawing of pac-man away when he's showing it to his friends?

Even BETTER example:

If you see someone has copied or forged something of yours, do you snatch it? YES.

Says the person who created several Ace Atorney related projects.

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