Topic: Scribblenauts Dev/Pub Sued for Copyright Infringement

[Steel Diver]

Keyboard Cat and Nyan Cat are now relevant again.

http://www.nintendoworldreport.com/news/34102

Warner Bros. and 5th Cell, the companies behind Scribblenauts, are being sued for their use of two popular internet cat memes in the Scribblenauts games.

Keyboard Cat and Nyan Cat are the two memes in the Scribblenauts games that are the basis for the copyright infringement suit. The creator of Keyboard Cat, Charles Schmidt registered the video that features his now deceased cat Fatso with US Copyright Office in 2010 and has trademarks pending at the US Patent & Trademark Office. Likewise, Nyan Cat creator Christopher Orlando Torres registered a copyright on the Nyan Cat animated GIF in 2011 and has a trademark application pending.

The Scribblenauts series used representations of both cats without permission, starting with Keyboard Cat in the original 2009 DS game Scribblenauts. The most recent Scribblenauts game, Unlimited, contains both memes and is available on the 3DS and Wii U.

King, Holmes, Paterno, and Berliner, LLP are representing the two cats in a combined lawsuit seeking statutory damages, willful infringement enhancements, and attorney fees. However, Keyboard Cat may not be fully eligible due to its late copyright registration. The plaintiffs seek a sales injunction of Scribblenauts games until the suit is resolved.

The case is Schmidt, et al. v. Warner Bros. Entertainment, Inc., et al., CV13-02824-JFW.

[pokepal148]

and you can sue half of the internet (us included) with those claims

[TJ Spyke]

As I mentioned on GameSpot, these lawsuits are baseless. First, they never bothered to copyright them until after they had been used in Scribblenauts (and by that time, both had been used all over the Internet). Hell, the Nyan Cat meme didn't even become popular until someone else took it, put it on YouTube and added music.

You don't see Toei Animation suing people everytime someone makes a "It's over 9000!" pic, for example. These two will never win. Best case scenario for them, they get a tiny out of court settlement. Worst case, they lose the lawsuit and have to compensate Warner Bros. and 5th Cell. They need to just shut up and watch the South Park episode about every other loser who creates a Internet meme and thinks they are entitled to money.

About the article, why do you seem to imply Nyan Cat would be entitled to more money than Keyboard Cat? The guy who created Keyboard Cat copyrighted it sooner than the guy who copyright Nyan Cat.

[MegaByte]

Because Nyan Cat was only featured in the most recent game, which came out after the copyright was filed, unlike what you just claimed.

[UncleBob]

I don't see how "Keyboard Cat" is something that can be copyrighted.  It's a cat, playing a keyboard.  The Scribblenauts version looks nothing like the cat in the video.

Nyan Cat... yeah - it *is* a unique work of art.  Though it'd be interesting if Kellogg's was to sue for the use of the Pop Tart.

[AV]

The copyright laws in America are incredibly easy to abuse.
So I actually think they will win .

this American life on NPR did a great investigation on Pantent trolls
The laws recently have changed but not nearly enough.

[azeke]

Was that the reason for delay of Scribblenauts Wii U game in Europe?

[marty]

it seems entirely reasonable to attempt protect something you created, regardless of how dumb or trivial it might seem to others.  If the people think they have exclusive rights to profit off of something, they're free to sue and a court will sort it out.

[jvgsjeff]

To me, it's mind-boggling that they didn't think to acquire permission to use it before they put it into a game. Just because it's on the internet doesn't mean you're allowed to take it and make money off of it. You'd think a big company like Warner Bros. would know that. People making memes and passing them around is one thing, but this was used in a commercial, for-profit video game. Don't you think WB would do the same if another company used WB characters in their video games?

[UncleBob]

Warner Bros. probably knew nothing about them being in the game.  Likely, some random developer (who is now going to be out of a job), threw them in there as a joke.  I seriously doubt a Warner Bros. rep went through the game and tested every possible phrase.

[ejamer]

One thing I don't understand is what financial damage has been done. Seriously: unless these memes are showing up all over the place, what value do they have? Even when they are showing up all over the place, their value is very slight in my opinion. Also, what actions have ever been taken by the copyright owners in the past to protect or promote the memes?


Copyright owners have every right to protect their work... but (totally my personally opinion) it seems like having the memes included in Scribblenauts has enhanced the value of the works, if anything.  It's also hard to argue that adding the memes has enhanced the value or attractiveness of Scribblenauts in a meaningful way.


5th Cell never should have included them without permission.  Personally, I still hope that this gets thrown out of court as a waste of time for all involved.

[pokepal148]

The copyright laws in America are incredibly easy to abuse.
this American life on NPR did a great investigation on Pantent trolls
The laws recently have changed but not nearly enough.

MICROSOFT is collecting royalties from factories who MANUFACTURE android phones, I think we are well beyond broken...

[TJ Spyke]

The copyright laws in America are incredibly easy to abuse.
this American life on NPR did a great investigation on Pantent trolls
The laws recently have changed but not nearly enough.

MICROSOFT is collecting royalties from factories who MANUFACTURE android phones, I think we are well beyond broken...

Because Microsoft says they are violating patents that they own, and the companies would rather pay royalties than fight it in court.

[NWR_insanolord]

Copyright laws aren't really a problem. Sure, they should probably expire sooner, but for the most part they're fine. Patents are a clusterfuck, though, and need a complete overhaul.

[pokepal148]

The copyright laws in America are incredibly easy to abuse.
this American life on NPR did a great investigation on Pantent trolls
The laws recently have changed but not nearly enough.

MICROSOFT is collecting royalties from factories who MANUFACTURE android phones, I think we are well beyond broken...

Because Microsoft says they are violating patents that they own, and the companies would rather pay royalties than fight it in court.

Foxxcon is nothing more then a middleman, they manufacture the phones and likely flash them with whatever software was given to them in this case. Why should they be sued over these things when they are basically following directions from somebody else whom microsoft already gets royalties from...

[TJ Spyke]

Because Foxconn is the manufacturer of the devices, meaning they are violating the patents too. It's like if a video game violates your copyright, you sue the developer and the publisher.

[pokepal148]

Because Foxconn is the manufacturer of the devices, meaning they are violating the patents too. It's like if a video game violates your copyright, you sue the developer and the publisher.

should they sue At&t and the other carriers as well? Who makes the accessories? Should they sue otterbox for making cases for the infringing products? Should they go after Wal-Mart for selling these phones?

and in the long run who do you think they will wind up being forced to make up for the lost profit these companies give to Microsoft
Answer: WE THE CONSUMER!!!

[TJ Spyke]

The carriers don't make the phones. Nor do the accessory makers, or the retailers. The people violating the patents are the manufacturers of the phone and the ones who design them, that is pretty obvious. Stop making facetious arguments. And you are blaming Microsoft? Blame the companies that violated Microsoft's patents.

[pokepal148]

I am not ruining another thread with our bickering... if you wish to continue this I am putting my rebuttal elsewhere...

[UncleBob]

I am not ruining another thread with our bickering...

Too late.

[pokepal148]

I am not ruining another thread with our bickering...

Too late.

eh true... i would rather not kick a dead horse though

[Mataata]

Personally, I'd be honored to have my creation become so popular and have it put into a game.

[tendoboy1984]

If those Android patents are all software related, then Microsoft should go after the source, which is Google, not the phone manufacturers.

[pokepal148]

If those Android patents are all software related, then Microsoft should go after the source, which is Google, not the phone manufacturers.

and they are and i moved this discussion elsewhere...

[Ceric]

Things like this is where Patent law should have a Squatter clause. Something that if you do not recognize the Patent Violation during the first X years of something or after common availability then you have missed your window of opportunity.