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theairevolution — Comic: Title Redacted
Published: 2014-05-05 16:31:52 +0000 UTC; Views: 87277; Favourites: 977; Downloads: 287
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They haven't been cease and desisted just yet!| | | | | | |
Let's be honest: it can be really tricky bringing humor to a tough situation like this. It was a massive deal to the brony fandom, but we do understand that there are complex factors which must be taken into account when it comes to running a business as large as Hasbro. To be honest, it was the nicest and most apologetic cease and desist letter I've read (and I've read a particularly harsh one from a gaming company to a brony). We don't like it, but they let jananimations keep the bronies documentary song and Don't Mine at Night, so that's a start. Anyways, enjoy the comic! ~Boardgamebrony
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Comments: 549
Also, the marketing focus groups have all chimed in. We're replacing the yellow one with Derpy.
No! Not Fluttershy!
Oh, so that's her name?
Uh... wait, you said yellow? No! Not Rainbow Dash!
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Hey, I love Derpy as much as the next guy, but Fluttershy s best pony! If you have to replace someone, make it Spike. (Though I wouldn't send Twilight the letter in your normal fashion if I were you.) If Derpy were more popular than any of the mane 7, it'd be Spike.
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That wasn't meant to be taken (or even considered) seriously. Relax.
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The feels. Also, i hope that is Spike`s claw or else there is seriously something wrong with Sweetie Belle.
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Yes, it is Spike's claw 
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It just were a bit hard to tell, perhaps if there had been a extra panel where Spike brought the letter.
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No, no matter how polite they were, Hasbro took something from us and that is not acceptable. They could have defended their trademark by demanding prominent disclaimers to that effect or giving the artist permission to use the characters under some conditions, but they didn't.
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That would have been better for the fans, to be sure
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Still though, he's seen in hearts and hooves day, but besides that, I hope the best for them. I feel sorry for Sweetie belle though
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Yeah 
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Someday he'll be back... Someday
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According to their Tumblr, ""Hasbro’s legal department gave permission to put Don’t Mine at Night back online.
Situation is still evolving, which is why I am not really able to pull out an announcement/explaination video yet. I appreciate your patience."
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Yeah, I hope it gets resolved soon
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That's super depressing but funny
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Well, Button didn't disappear or get forbidden. A series of animation starring him didn't happen, that is true. But he's still present in full quality in Don't Mine At Night and such, so I see no reason for people to act as if he's dead.
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it's simply confusing. A Pony shown for 2 seconds or less in the entire series without an official name, got "blocked" because the name and/or the figure and/or the character it's property of hasbro?
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You're thinking of the wrong thing. The point is not in a pony being official or not. The point is in the level of approximation to the official show, enough to be mistaken for it.
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So Hasbro don't allow good animations? That's also confusing.
Why is "Children of the Night" ok and "Button Mash" not? If you read the comments of "Children of the Night" it's confused as an original MLP FIM animation. A comment i have never seen in the "Button Mash"-Animations comments. And why is "don't mine at night" oK?
I have no clue, what's OK and what's not.
All i see is confuses people. A clear statement from Hasbro would help a lot.
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You don't understand once again. It is too close to the show style, while Children of the Night are not. It looks like an official short while it is not, at a time when DHX is making their own shorts. Don't Mine At Night is a clear ponification of another thing. Perhaps you simply want to see Hasbro as evil.
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As i understand is your opinion, that you can make show-like animations when you don't tell stories. Or you can tell stories when you don't use show like Animations. But that's it, it's your opinion.
And there are unanswered questions. Is there a limitation to the stories? Would a more mature storyline count? Or a really bad story? Would a musical count as a story? If you piece together an animation, with a good story, from original animations, and would do it very well. Would that be equivalent to what JamAnimations had done? Is the length of the animation important? Have the sound quality something to do with that? And when count the animation as "show like"?
All i know is that JamAnimation is gone to far. But where "to far" exactly begins is unknown.
A clarification from Hasbro would really help. But i fear they also don't know, because the law is not clear.
And i never had said anything against Hasbro.
You can assume things and you can have your opinions. But nether you nor i can look in other heads.
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I just based the observation on the insistence on a negative outlook on Hasbro in both your posts, nothing more. Whether it's correct or not is another thing entirely.
But you base your own words on rather far-reaching assumptions. Animations can tell stories (Don't Mine At Night, Children of the Night and more). They just shouldn't use the show style. It's not an unfounded statement, it's based in what received a notice and what didn't. Your statement, however, is unfounded.
A "showlike" animation is one that is done to closely resemble the show. The first and only Button Mash Adventures thing is the best example. It's the animation, the vector style and so. If it is of high enough quality in its soundwork, animation smoothness and visuals and general dialogue to approach the show closely, it is a showlike animation.
I don't even think Hasbro is rightly vilified for all this. The legal firm they have on contract, as the Jan debacle showed, operates independently of the company's commands, like a secret agent tasked with defending the realm and given total discretion in how to do it and who to take down. And with Jan, they seem to have crossed a line Hasbro didn't want them to cross.
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I'm not a native speaker and it seems i transmitted something between the lines I'm not aware of. I'm sorry for that. I try my best to piece together and translate my thoughts about the subject accurate.
You have showed what's "to far", but you can't show the line to what's not "to far". And there have to be a line, simple because there is stuff, that is not put down by Hasbro.
I base my assumptions on your grasp of subject.
And i don't think i made baseless assumptions.
Different sources state, that the, for this case important, laws are fairly complex. And i also read different opinions witch law account here. So i displayed my concern about that.
I also respond to your explanation, what is "ok" and what's not. I try to see what your definition of this distinction is.
I personal see three regions. Animations that duplicate the show style, animations does it not, and a zone between them, where it's hard to decide. in this region the deciscion is random. So it's important to avoid the "not OK" and "maybe OK". But to do that, you have to know what's differs them from each other.
And there i have problems to understand your explanations. You give examples but no definition and i try to get the informations, what your definitions are. I know that's your personal opinion, but as a person schooled in art, and willing to answer me, i think your definition is better than everything i can come up with.
I hope i could transmit my thoughts clearly.
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I know the defense used here all too well. It's a simple "we can't predict the future, so what I say can happen, which makes me right" way. It disregards past evidence, claiming that it does not represent any trend or such. It is also ultimately erroneous.
It's not possible to divide fan animation so discretely. There're animations that do things in a showlike way visually, but not involving the show (e.g. the Galacon promo and Don't Mine At Night), there're animations that do things similarly to the show but look differently (animatics and the like), there're animations that go for humour and use simpler styles, there're SFM animations, there're completely different artistic-style ones such as Children of the Night. It's too amorphous and case-by-case to make divisions.
However, what you seem to be asking for happens to be entirely out of practice. It is how the existing corporations and companies do things, how the legislators see things. You ask for a clear list of "what to do and what not to do", but in fact, the entirety of fan content could easily be judged as "violation" by the wording of the Western (read: American, since they're often copied from those or adjusted to match them) trademark laws of today. Fanart, including fan animation, exists solely because companies turn a blind eye to it, recognizing that it doesn't hurt them and in fact promotes them. But by the word of law, all content involving a particular franchise in some way must only come from one source: the holder of the intellectual property for that franchise. All others are banned from ever making anything in it.
Thus, making a "code of what fan artists can do and what they can not do" can easily be seen by competitors as a way of wresting the intellectual property away from its owners, claiming that they're putting it into public domain or something of the sort. Officially stating what fan content makers can do is tantamount to relinquishing total control over one's property, and the totality of control is what trademark legislators consider sacred. If the owner cannot prove that they totally own their property, the trademark laws state they can be deprived of it.
All in all, fanart only exists as a gesture of goodwill from the company owning rights to the franchise it's made for. And if anything, Hasbro is one of the, if not THE most lenient and fan-friendly company in its market.
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I understand the idea behind that. You can use existing characters and make money with that. If no one says somthing against is it's OK. But it's stupid to apply that to everyone. Someone who didn't make money with that can get also sued. But companies want the people to talk, to write, to draw, to be creative with their stuff. It's hard to think it through. I don't think i will ever understand that.
This is like "It's forbidden to draw thee headed monkeys. But it's OK to draw thee headed apes."
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" You can use existing characters and make money with that. If no one says somthing against is it's OK."
If we go by word of law, that'd be a crime when it applies to anyone but the holder of the trademark for those characters. And even if someone considers it stupid, they cannot change it unless they gain a legislative majority and change the law.
This law is made along different lines than what your reasoning tells you and me. Trademark and copyright laws of today see intellectual property on franchises, ideas, concepts, characters and even words not as "creative material", but as a source of moneymaking. Getting income. Property. The owner is free to do whatever they wish with it, but everyone else is forbidden to even come close to anything that is trademarked. And even if it's not used for profit by that non-owner third party, this is still taken to be "inability to maintain the trademark" and thus grounds for revoking the trademark completely.
The only thing that stops all content that is not officially licensed from being obliterated is common sense and an understanding that these laws go entirely against it in favour of the most predatory and exclusionary of ownership models. Worse still is the fact that even if you don't want to, you are forced to comply with these laws or get your property removed from your ownership if you don't enforce the trademark thing. Franchises are not declared void for the existence of unlicensed fanart of them simply because the people in charge of doing so realize how utterly ludicrous and idiotic it would be and what fanart really means.
Stupid? Yes, it is. But this law was made by the ultra-rich intellectual property holders who want to stop anyone from coming close to them, so it reflects their desires for the way of things. And that way is "if it's not mine, it has to become mine, and everyone must behave like me". If anything, Hasbro has repeatedly shown itself to be very much unlike those fat cats, but it's sometimes forced to act according to those rules - when some opportunistic or malevolent person raises that "trademark enforcement" gavel at them.
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Oh no D: I hope she don't find out :c
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come on jan animations your our only hope to bring back button mash
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If he takes legal action, he'll be blacklisted from their studios no matter the outcome. And seeing how it's his dream to work on DHX, that's the worst thing that can happen to him.
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that is the main problem, but he was given permission that he can re upload don't mine at night and other animations
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Before I say anything, I do want to say that the description you put in it makes a lot of sense. Also, I read stuff on Tumblr regarding it and I thought at first Hasbro was doing it because they want to shut down fan works, but that's complete bs. It turns out it was due to copyright infringement. That's why. That and a lot of others which personally, it makes a lot of sense. It really does. None of it and what is this harsh one from a gaming company to a brony. I want to read that. At least Hasbro is doing something right but when it happened... it's like we were stabbed, betrayed and in my personal experience, hurt.
The comic is good. Give my regards to Neil Boardgamebrony.
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Good bye Button Mash. You're the greatest gaming pony we got and now we've lost you. At least they were kind about it.
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Um. But the Dont Mine at Night video is still on youtube.
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I know. I like that video. So yay for that still being up.
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While he's gone from the internet, he's not gone from our hearts.
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I bet they wish they could send a C&D to our hearts as well.
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I'd like to see them get pass my Heavy Medic combo.
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So let's remember him always
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