As you say, Hasbro could easily have spotted earlier that this was almost certainly going to be a problem, an pre-empted the launch with a letter saying "We'll send a C&D if you launch". But their lawyers would only have started prodding them to do something once it was live. If they don't generally care about fan-stuff, it's probable no one at Hasbro was paying any attention to the project before their lawyers started getting anxious!-Dragmire- said:I was thinking that the C & D notices could go out when the people working on these projects have public sites clearly declaring the intention to complete the project as well as updating it with current progress. Projects like the this tend to be quite open with the community so it's pretty clear it's not for personal use.
If a copyright-infringing product is not making any money then it is more likely that it'll be permitted, but it doesn't automatically safeguard you. The number of people who view/use the product is often far more important than whether or not anyone pays for it.-Dragmire- said:Often projects like this are funded by donations which I think skirts the law on making money on that property because it's optional. I very well could be wrong though.
Trademark must be defended, copyright is automatically applied to the creator.Therumancer said:snip
In their defense people were doing that for the majority of US history.FelixG said:They started on this without knowing that you couldnt make something based entirely on someone else's property?
Well thats...unique!
Actually, that one is the trolls.TopazFusion said:Doesn't surprise me. Hasbro are also pretty militant at taking down episodes uploaded to youtube (well, the newer episodes anyway).
Yeah, that is certainly true. I think they only really target the HD uploads though, and couldn't really care less about SD quality ones. Of course, the majority are 720p/1080p. And yeah, it's pretty much got to a stage where you can't not find every FiM episode so far on YouTube.TopazFusion said:arc1991 said:i have never noticed anything been taken down by HasbroOh no, Hasbro most certainly do take down the MLP episodes.Lugbzurg said:Hasbro likes people putting episodes up there for the advertizement, as they make their money off of the toys.
See? http://www.youtube.com/watch?v=o5axe2lmmfg
"This video contains content from Hasbro Studios LLC, who has blocked it on copyright grounds."
And that is episode 3 of the current season.
Hasbro are fighting a losing battle here of course. As soon as one gets taken down, it reappears again under a different youtube account.
I did say, maybe they are harder on MLP than they are on TransformersTopazFusion said:arc1991 said:i have never noticed anything been taken down by HasbroOh no, Hasbro most certainly do take down the MLP episodes.Lugbzurg said:Hasbro likes people putting episodes up there for the advertizement, as they make their money off of the toys.
See? http://www.youtube.com/watch?v=o5axe2lmmfg
"This video contains content from Hasbro Studios LLC, who has blocked it on copyright grounds."
And that is episode 3 of the current season.
Hasbro are fighting a losing battle here of course. As soon as one gets taken down, it reappears again under a different youtube account.
A trademark is meant to uniquely distinguish your brand and thus avoid consumer confusion. If the trademark holder allows others to use their trademarks without permission then it stops being an unique identifier and the trademark no longer serves its purpose thus the law will no longer protect it.XMark said:I'm wondering... why is it legally required to defend your trademark? Is there some critical thing about how trademarks work that would cause a disaster if a company didn't actively defend their trademarks, or only defended them when they wanted to?