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well, I’d argue they’re not allowed to do it, in that it constitutes harassment, extortion, and whatever you call it when you misrepresent the government. (impersonating a police officer?)
but it’s not like jan martyring himself to get a victory in a minor court would have changed anything. as long as the wealth disparity’s still there, they’ll never stop finding ways to screw with us. this C&D thing is just a minor symptom of a much greater problem.
This is getting dangerously close to fair use/not fair use arguments territory. The bottom line is whether or not it’s illegal is something that can only be properly decided in court under presiding on a judge, where each party has a chance to argue their side of the matter.
Hasbro is allowed to C&D and take to court anyone they think is infringing their market. Whether or not they’re right to do so, however, is undetermined until a final ruling. The sad part is not everyone can afford to go to court with a huge multi-national, so the C&D ends up going uncontested.
The trio of elderly Llamas living in the magic world of Apartment 2B? I’d watch it.
Edited
yes, hasbro had a problem with it because they want to control all usage of a character, idea, or genre. that doesn’t make it illegal though, nor should it.
you shouldn’t use the term intellectual property by the way. it actually has no legal recognition.
even if it was a law, ideas physically cannot be property, because it’s impossible to buy or sell them. (or at least extremely highly unethical.)
so just call them ideas, not “intellectual property.”
what? no! hasbro ripped off my little pony from disney’s fantasia, bambi, basketball, greek legends, european legends, a korean pack pony named ‘knicker’, a marketing executive’s wife, the astrodome, among many other sources. don’t use your own ideas. use other people’s ideas, and make them better! then change all the names, deny all attribution, and pretend you thought it up out of thin air, as the law requires. that’s how every great modern cartoon ever came to be.
basically, jan should start a blog about the story mark seekers.
I think the whole problem with it was that it looked way too close to Hasbro’s intellectual property. My Little Pony belongs to Hasbro, period. When one uses someone else’s IP without their permission, it resembles the original product a little too closely and it attracts a little too much attention, they definitely have a case against that person. There comes a point where they must condemn it.
Matter of fact, Hasbro has been exceedingly kind about looking the other way as far as defending their IP. It’s technically within their rights to take down any and all fan art—including this site—but I think they know better. I think the danger in Jan’s work (and all fan stuff, really), is that if it gets too popular, Hasbro can no longer turn a blind eye, and must defend their trademark if they don’t want to lose it.
Long story short, if one doesn’t want a C&D, use one’s own intellectual property.
he was making it very clear that this was not anything hasbro had produced. trademark infringement is when you are trying to trick people that you are vetted by that company. that’s why it’s not a trademark issue if your painting of the IBM headquarters has the IBM logo emblazoned on the building.
pretty sure there isn’t a law that states “the creator of a character has the divine right to dictate every way that character will be used,” even though deviantart members wish there was.
Trademark infringement, however…
yeah, the tv studio or something who were all “hey! hasbro can only be shown by us because we said so!”
I heard it wasn’t even hasbro that issued the cease and desist it was their lawyers and hasbro was unaware of it
it didn’t have any footage from the show, and jan actually designed his own flash puppets from scratch the lunatic. no copyright violation at all.
What about the Button’s Adventures?
That makes me sad.
Nope, it’s been dead for a long time now.
shrug He can do what he wants. And I don’t think he can work on pony any more, so the only other option is to let it die.
I don’t think that is why people followed that blog and the cease and desist is not an excuse to turn it into a repost Blog like that
Yeah. I checked. He’s just talking about streams and progress on other projects.
Such a shame it’s just a repost blog now
>and a black eye
Celestia I miss this blog so much. >.>