Scratch

cheddargirl wrote:

gbear605 wrote:

fire219 wrote:

Can't you just submit to defeat? We have proof that what Namco did is NOT LEGAL.

FALSE.

Scratch Copyright notice wrote:

The 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.

In 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.

We 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.

If 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.

Don't forget the underlined portion, that deals with the whole crux of the Namco-Bandai debate, and most of us believe that this is what Namco-Bandai has otherwise ignored when they decided to push with the DMCA notice.

I partly agree with both sies, it just angers me when people say it is against the LAW for them to do it, when it actually wasn't, just not recommended.  And unless the guy who made the project and Namco want to have a legal battle, this whole petition isn't going to do anything about it.

Actually...put me on both petitions! I support both sides!

I am never going to be in debate. -_-

gbear605 wrote:

cheddargirl wrote:

gbear605 wrote:

I partly agree with both sies, it just angers me when people say it is against the LAW for them to do it, when it actually wasn't, just not recommended.  And unless the guy who made the project and Namco want to have a legal battle, this whole petition isn't going to do anything about it.

You never know. Sometimes things take time to happen, that's why many of us are not letting this issue go very easily. What happened to that Pac-Man project we don't want happening to other projects on the Scratch website.

I know.  Thats why I agree with both sides.  I would ONLY agree with it being wrong, except for the attitude of some of the people.

Don't let attitude be the sway for decision making. After all, even the most civil of people can be supporting something that you may not necessarily believe in. 

gbear605 wrote:

cheddargirl wrote:

gbear605 wrote:

I know.  Thats why I agree with both sides.  I would ONLY agree with it being wrong, except for the attitude of some of the people.

Don't let attitude be the sway for decision making. After all, even the most civil of people can be supporting something that you may not necessarily believe in. 

Thats why I agree with both sides     I think both are good ideas, and so, I'm choosing neither.

Wait, I'm now confused, you said you would only agree with the issue being wrong if it weren't for the attitude. 

scratch_yoshi wrote:

fire219 wrote:

scratch_yoshi wrote:

sanddude wrote:

If Namco's being overprotective we're going to put a stop to it. Our side is winning pretty much everything.

Correction:

Can't you just submit to defeat? We have proof that what Namco did is NOT LEGAL.

Proof? Ha! And BTW, I don't give to defeat. I fight to WIN.

You can't win if you have already lost.

Fair Use. Everyone is familiar with the terms of it, but they need to actually comprehend what they mean.

NAMCO DID SOMEtHING ILLEGAL. WHY DOES'nT ANYONE UNDERSTAND THAT?!?

gbear605 wrote:

cheddargirl wrote:

gbear605 wrote:

Thats why I agree with both sides     I think both are good ideas, and so, I'm choosing neither.

Wait, I'm now confused, you said you would only agree with the issue being wrong if it weren't for the attitude. 

well, I agree with both and neither if that makes any sense.  I don't really know what side to choose.

XD, me being against Namco-Bandai, I would try to convince you that what Namco-Bandai did was wrong. If you haven't taken the chance to read my long wall of text pointing out the errors with Namco-Bandai's action, I would suggest it since it covers example cases of copyright infringement and compares it against Namco-Bandai's supposed defense.

Nothings going to get accomplished by arguing with each other. If you want something done send a letter to Namco, see how they respond.

gbear605 wrote:

fire219 wrote:

scratch_yoshi wrote:

Proof? Ha! And BTW, I don't give to defeat. I fight to WIN.

You can't win if you have already lost.

Fair Use. Everyone is familiar with the terms of it, but they need to actually comprehend what they mean.

NAMCO DID SOMEtHING ILLEGAL. WHY DOES'nT ANYONE UNDERSTAND THAT?!?

It wasn't illegal. 

Scratch Copyright Notice wrote:

The 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.

In 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.

We 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.

If 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.

Oh, and please use correct capitalization in the future     

*sigh* Fair Use in TL;DR terms means that stuff on the internet that is for educational use, and is non-profit, it mostly immune to copyrights. Scratch and all of the projects made from it meet the criteria, and there for is immune from copyrights.


Yelling is correctly capitalized like that. 

gbear605 wrote:

cheddargirl wrote:

gbear605 wrote:

well, I agree with both and neither if that makes any sense.  I don't really know what side to choose.

XD, me being against Namco-Bandai, I would try to convince you that what Namco-Bandai did was wrong. If you haven't taken the chance to read my long wall of text pointing out the errors with Namco-Bandai's action, I would suggest it since it covers example cases of copyright infringement and compares it against Namco-Bandai's supposed defense.

I read it 

Like I said, I agree with both sides.  It was a bad thing for Namco to do, but still legal, and they aren't going to do anything about it, unless someone wants to take this to a courtcase.

Well, the problem with Namco-Bandai's actions is that it leaves the whole case in legal limbo.

When Namco-Bandai sent the DCMA notice to take the project down, the next step should have been to take the owner of the project to court (they can't legally sue the owners of Scratch because, well, the owners of Scratch doesn't own the project. They can only sue the owners of the Scratch website if they refuse to take the project down). The whole case then goes up to court - if the court favors in the case of Namco-Bandai, then the Pac-Man project is forbidden to appear on Scratch; if the court favors in the case of the project owner, then the project can be put on the Scratch website. Whatever damages need to be paid are paid, easy-peasy.

It begs the question as to why they didn't bother continuing to pursue the case. If indeed the loss was as big as Namco-Bandai claimed, they should be going on to seek the supposed damages cause; certainly if they have enough proof to pursue the case, then it becomes suspicious as to why they're not continuing to push the issue.

I have a feeling that Namco-Bandai is at a loss here. If they ever continued with a court battle, it's likely that they'll lose and end up paying damage fees for what they have done. Maybe that's why Namco-Bandai isn't pursuing the case any further since it's a losing cause. (Of course Namco-Bandai is free to prove me wrong by suing a kid over a Pac-Man project  ).

Last edited by cheddargirl (2011-06-21 20:11:41)

SeptimusHeap wrote:

I never said what they did was illegal, I just said fair use protected the project and Namaco had no legal proof of why it should be taken down.

I agree with you.  It isn't illegal, but they had no good reason to do it.

gbear605 wrote:

fire219 wrote:

gbear605 wrote:

fire219 wrote:

You can't win if you have already lost.

Fair Use. Everyone is familiar with the terms of it, but they need to actually comprehend what they mean.

NAMCO DID SOMEtHING ILLEGAL. WHY DOES'nT ANYONE UNDERSTAND THAT?!?

It wasn't illegal. 


Oh, and please use correct capitalization in the future     

*sigh* Fair Use in TL;DR terms means that stuff on the internet that is for educational use, and is non-profit, it mostly immune to copyrights. Scratch and all of the projects made from it meet the criteria, and there for is immune from copyrights.


Yelling is correctly capitalized like that. 

What I said was directly copied from what the scratch team said.  Also, this could be considered as entertainment as well as educational.

Yeah, but it's still educational.

gbear605 wrote:

I partly agree with both sies, it just angers me when people say it is against the LAW for them to do it, when it actually wasn't, just not recommended.  And unless the guy who made the project and Namco want to have a legal battle, this whole petition isn't going to do anything about it.

WIN!!!!!

3DSfan12345 wrote:

MaxtheWeirdo wrote:

somelia wrote:

Actually...put me on both petitions! I support both sides!

I am never going to be in debate. -_-

Actually, a good debate class will assign you a side. You don't get to debate for what you believe in, you debate for the assigned side.

@somelia WIN!!!!!!!!!!!!!!!
@MaxTheExtremeWeirdo:FAIL!!!!!!!!!!!!!

Are "WIN!!!!!!!!!" and "FAIL!!!!!!!!!!" the only things you ever say?