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#1 2011-11-08 18:56:03
My E-Mail to halfbrick
Dear Halfbrick,
I’m sure that you are aware that many people have been angry at you for taking down a fruit ninja project on Scratch (scratch.mit.edu). Under normal circumstances, this would be fine. However, you do not send DCMA notices to the thousands of other remakes of the same game on scratch. Also, Scratch is an educational site, and therefore should be exempted from such rules.
Sincerely, [my name].
Soo.... Shall I send it? 
Last edited by TVflea (2011-11-08 18:58:32)
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#2 2011-11-08 18:57:50
- agscratcher
- Scratcher
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Re: My E-Mail to halfbrick
inb4pacmanrepeat
I support.
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#3 2011-11-08 18:58:24
- SeptimusHeap
- Scratcher
- Registered: 2010-02-01
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Re: My E-Mail to halfbrick
Add something about it being protected under that one educational thingy.
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#5 2011-11-08 18:59:27
- jji7skyline
- Scratcher
- Registered: 2010-03-08
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Re: My E-Mail to halfbrick
And add a rage thingy 
I don't know why you say goodbye, I say hello!
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#6 2011-11-08 19:00:01
- SeptimusHeap
- Scratcher
- Registered: 2010-02-01
- Posts: 1000+
Re: My E-Mail to halfbrick
TVflea wrote:
SeptimusHeap wrote:
Add something about it being protected under that one educational thingy.
It's already there.
No, you just added it. But add the official name.
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#8 2011-11-08 19:00:47
Re: My E-Mail to halfbrick
SeptimusHeap wrote:
TVflea wrote:
SeptimusHeap wrote:
Add something about it being protected under that one educational thingy.
It's already there.
No, you just added it. But add the official name.
No I didn't, and what offical name?
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#9 2011-11-08 19:02:12
- SeptimusHeap
- Scratcher
- Registered: 2010-02-01
- Posts: 1000+
Re: My E-Mail to halfbrick
TVflea wrote:
SeptimusHeap wrote:
TVflea wrote:
It's already there.No, you just added it. But add the official name.
No I didn't, and what offical name?
Of the education thing.
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#10 2011-11-08 19:02:22
- cheddargirl
- Scratch Team
- Registered: 2008-09-15
- Posts: 1000+
Re: My E-Mail to halfbrick
Ah, I remember this. In case anyone has no idea what's going on, you may want to read this topic first.
Sending that e-mail doesn't seem practical (at least from how I understand the facts of this case). It seems like Halfbrick directly e-mailed the Scratcher to take it down (it doesn't seem like the Scratch Team was involved) and the Scratcher complied willingly (the Scratcher could have just have argued Fair Use, ignored Halfbrick, and left it up there). This is different than the Namco-Bandai case where it was a forceful takedown.
Last edited by cheddargirl (2011-11-08 19:06:24)
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#11 2011-11-08 19:03:06
Re: My E-Mail to halfbrick
SeptimusHeap wrote:
TVflea wrote:
SeptimusHeap wrote:
No, you just added it. But add the official name.No I didn't, and what offical name?
Of the education thing.
What's the thing?
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#12 2011-11-08 19:03:22
- SeptimusHeap
- Scratcher
- Registered: 2010-02-01
- Posts: 1000+
Re: My E-Mail to halfbrick
Say
Scratch projects (games) are protected under Fair Use.
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#14 2011-11-08 19:12:18
- SeptimusHeap
- Scratcher
- Registered: 2010-02-01
- Posts: 1000+
Re: My E-Mail to halfbrick
Revised:
Dear Halfbrick Studios,
Recently you have taken down a Fruit Ninja project (game) on Scratch (scratch.mit.edu), and educational site that teaches children to program. Scratch is an educational site, and therefore the projects are protected by the Fair Use clause that exempts it from copyright. The project was not causing you financial loss. I please ask you to take back your DCMA notice.
Sincerely, [your name].
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#15 2011-11-08 19:17:49
- cheddargirl
- Scratch Team
- Registered: 2008-09-15
- Posts: 1000+
Re: My E-Mail to halfbrick
SeptimusHeap wrote:
Revised:
Dear Halfbrick Studios,
Recently you have taken down a Fruit Ninja project (game) on Scratch (scratch.mit.edu), and educational site that teaches children to program. Scratch is an educational site, and therefore the projects are protected by the Fair Use clause that exempts it from copyright. The project was not causing you financial loss. I please ask you to take back your DCMA notice.
Sincerely, [your name].
Anyone has a copy of the original e-mail that Halfbrick sent to the Scratcher?
From the sounds if it, it might not be an official DCMA notice, rather, the Scratcher blode123 sent an e-mail to the app creators to show the game to them, who then sent a reply asking for it to be taken down.
With that regard, if the DCMA notice wasn't official (if it was, it would have been sent to the Scratch Team first), it would make more sense to ask blode123 to ignore Halfbricks request and put the project back up.
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