Re: [Official!] Project Horizons Comment Crew Chat thread.

[Frost]

I would absolutely love to

If I had Minecraft

[Ironmonger]

Hey iron you gonna ever try out the minecraft server again? We have muskets and cannons now!

*heart attack*HNNNNNNNNNNNNNNNNNNNNNNNNG

Yeah I'll be on as soon as I get computer access, I've been stuck on my tablet for...two weeks to a month.

[Cptadder]

Hey iron you gonna ever try out the minecraft server again? We have muskets and cannons now!

*heart attack*HNNNNNNNNNNNNNNNNNNNNNNNNG

Yeah I'll be on as soon as I get computer access, I've been stuck on my tablet for...two weeks to a month.

*puts on System Engineer hat*
And why exactly are you denied your desktop?

[Harmony Ltd.]

Access Denied ?

[Ironmonger]

*puts on System Engineer hat*
And why exactly are you denied your desktop?

My mom has some school stuff to do (I'm homeschooled) and the CD burner program, perhaps the drive itself, on my desktop refuses to cooperate. It gives a wide range of error messages I think, and the tech at the nearest computer store is so aggravated with it that he will not even answer questions until we pay money we don't have.

[Valikdu]

In other news:
-The XCOM shooter has been delayed again.
-It has also been retooled, apparently, into a TPS.
[Yeah. First it was just a FPS, then it was an FPS with squad abilities... as if they can't decide which game to rip off]
-It won't come out on PC.
-One of the characters in the game is apparently a gay communist.

[Kippershy]

[Valikdu]

[Harmony Ltd.]

https://i.servimg.com/u/f75/17/50/42/23/emotio10.png

Beg your pardon ?

[Stringtheory]

I have to post this:

[Quotidian]

So I'm caught up on Dash Academy. Chap 5- Page 4 elicits.... To be honest, almost a single feel.

Almost.

You are a goddamn terminator.

[Ironmonger]

I got curious and checked out Dash Academy. Zero feels, not even an almost.

[Ironmonger]

I got curious and checked out Dash Academy. Zero feels, not even an almost.

...no offense but, given it's you, I'm wondering if you understood what happened to Derpy, then.

Valid thought. The farthest I got on figuring it out was thinking that she was somehow assaulted in some manner, but I had to switch tasks before I could figure it out. Mostly I was thinking "Get to the point."

[Ironmonger]

Then apparently I understood but wasn't sure. I'm not good with subtleties sometimes for various reasons. The comic is somewhat interesting, so I'll track it for a while.

[Cptadder]

*puts on System Engineer hat*
And why exactly are you denied your desktop?

My mom has some school stuff to do (I'm homeschooled) and the CD burner program, perhaps the drive itself, on my desktop refuses to cooperate. It gives a wide range of error messages I think, and the tech at the nearest computer store is so aggravated with it that he will not even answer questions until we pay money we don't have.

I am a system engineer and I am in the area, if you don't have the monies you could drop me a pm with the details. I am only two hours from you after all.

PM should contain all relevant messages error messages and what and when went wrong.

[Ironmonger]

We may have it figured out. Her computer was acting up as well until she reinstalled the program. Might be the same fix for mine.

[Frost]

So while I was out with some bros, I apparently got drunk on Subway sandwiches and went on a rant about retail workers, wiggers, overweight police officers and sweat pants.

I also apparently accused my friend Josh of being an inbred British Latino whose brother/nephew/son has just become his step-father.

[Frost]

I'm saying that he's.... A fucking abomination that deserves a bullet. I didn't have any of my guns on me, so I smacked him on the head with my sandwich

[OneMoreDaySK]

Long term developing game Fighting is Magic just got hit with a C&D.
Now is very sad.

[OneMoreDaySK]

Long term developing game Fighting is Magic just got hit with a C&D.
Now is very sad.

...well, at least they could possibly still complete the game, just not distribute it...

What really upsets me the most about this is the way Hasbro is doing this. If they(Hasbro) would have shut the project down early, instead of waiting until it was almost friggin done, I wouldn't feel so bad then. It just feels like a slap to the face of a group that poured so much time and effort into a game that at this point is never going to see the light of day. I really hope Hasbro changes their minds on this, or at least compromises.

[CannonFodder]

Long term developing game Fighting is Magic just got hit with a C&D.
Now is very sad.

If alicorn twilight is a category 5 drama superstorm then this is is a category 10 drama storm. The amount of drama it's already generated in six hours is more than alicorn twilight in half a week.

Call me sadistic, but at this point I hope the season finale flops. The reason being hasbro is has to pay for the movie and 26 episodes in next season and they way they normally do that is with the toy sales and such. If the season finale flops then there's no next episode to go out on a high note, that's it for the season. If the season finale flops then how do they plan on selling all those toys on the shelves beginning to collect cause you angered the fanbase and thus fund the movie and 26 episodes that you already paid for? You can't exactly get a refund on that when you already paid for it.

I really really want the season finale to flop cause for half a year they'll have all their toys collecting dust on the shelves cause they screwed up. Hasbro is a company, the point of a company is to generate a profit. Companies only realize they angered their consumer whenever there's a dip in profit. If they mess up the season finale then it's going to be a BIG deal financially.

It should be entertaining at least to watch hasbro freak out when they can't sell their toys. It won't effect us in the least bit though cause we'll still have the movie and the 26 episodes regardless, but it should be funny to watch hasbro's reaction. Make sure to have popcorn ready.

[IncoherentOrange]

It's so disheartening to see such work toward a project as notable as this one only to have powers that the people who have put so much work into it cannot control remove the ability to finish it.

It's kind of like if a lightning bolt strikes a structure and lights it on fire days before it opens to the public, burning it down before it fulfills its purpose.

Now, I hope lightning doesn't strike twice with Double Rainboom and the like, but I think that's less likely to be molested by Hasbro.

Seems like not much good news has struck recently within this fandom. Nor with me, really, being down with strep at the moment. Ah, well, I hope tomorrow's (or, today's, to be more accurate) episode makes up for it a bit. It looks like a good one.

On your musings, CannonFodder, I don't believe that would be a good thing. If the S3 finale flops, and they're left with the costly aftermath, they may decide that it's not worth keeping FiM running, and cancel it. By that point, they'll have PLENTY for re-runs and marathons to sell their toys anyway.

[Guest]

Copyright and trademark laws are broken, and they'll only get worse in the near future if there's not a concerted effort to destroy them. They've actually a hilarious and rather interesting history; for instance, they were originally supposed to protect creatives and promote innovation, rather than protect corporate interests and stifle innovation. I do try not to be cynical, but it's hard to be otherwise when talking about this stuff.

[IncoherentOrange]

Why do I say so? I'll look deeper. Well, I was thinking that under fair use laws, which allow limited usage of IPs and related corporate objects, as we already know. In order for something to qualify as under fair use, four factors are investigated:

1. the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
   
2. the nature of the copyrighted work;
   
3. the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
   
4. the effect of the use upon the potential market for or value of the copyrighted work.
   

A fan-created episode such as Double Rainboom offers no commercial gain to the parties involved, being produced for the community. Fighting is Magic is identical in this regard. A fan-created episode is an extremely similar product to that offered by the source material. Both are threatening in a way to Hasbro's IP, now that I look into them. Look at this:

"...when a commercial use amounts to mere duplication of the entirety of the original, it clearly supersedes the object of the original and serves as a market replacement for it, making it likely that cognizable market harm to the original will occur".

That's the Supreme Court on the matter of market value, or #4. Again, a fan-created episode produces what essentially consists of an identical 'product' that serves an identical purpose to the source material.

Amount. The fan-made episodes in question are standard length, or 22 minutes as far as I know. Taken into consideration is the degree to which a work takes from the copyrighted material. The Supreme Court has had this to say about that:

"(will not be weighed against fair use) ...if the secondary user only copies as much as is necessary for his or her intended use."

But how much of what they took is necessary by their definition? Additionally, Hasbro may be able to claim substantial similarity as a basis for taking them down, but back to fair use.

The purpose and character of the use is another one of the four, one of the more emphasized ones. In order to claim fair use, apparently one has to show that the material produced adds something over the original, and contributes to the arts, knowledge, or whatever applies. Something significant is how "transformative" the work in question is, or whether it supersedes the original material's purpose. In this case, a fan-made episode is not transformative, rendering it vulnerable to attack from that angle. Though, again, unusually (or not so unusually) for works such as this, there is no profit for the Double Rainboom team here. This didn't stop them from taking down Fighting is Magic, as we know.

Last is the nature of the infringing work. Since the method of expressing the IP is intentionally almost identical, (and method of expression is an important factor) a fan-created episode has no defense here, as it is again, intentionally made to provide the same thing as the original material.

It was hasty of me to make that judgment now that I've looked into it, and it strikes me as a doozy. Fair use doesn't protect either Fighting is Magic or the fan-created episodes very well at all. Hasbro appears to have (and has exercised) the power to take these fan-created works down, but it all depends on their use of this power. Unless something forces their hand as it seems to have in the past, it remains at their discretion whether to aggressively seek and eliminate objective threats to their IP or not as it always has.

Guess we can only wait and see. Double Rainboom is set for release soon, so we'll have to wait and see what kind of splash that makes. Sorry for my rambly response; I'm neither feeling the best nor well-rested, and now that it's five thirty in the morning and I have not slept, I must go do so.

[IncoherentOrange]

That was the case, yeah. It was some sort of animation project that has something to do with the school related to the project leader, I think. Not sure, though. Yeah, that may well put them in the clear.

[Harmony Ltd.]

BlackJack.jpeg

Spoiler:

Source

[Valikdu]

Okay, now I need to seek out that picture Mech drew, that depicts Blackjack tearing apart the Thunderhead squad, and add a "RIP AND TEAR! RIP AND TEAR YOUR GUTS!!!" bubble somewhere.

[CannonFodder]

On your musings, CannonFodder, I don't believe that would be a good thing. If the S3 finale flops, and they're left with the costly aftermath, they may decide that it's not worth keeping FiM running, and cancel it. By that point, they'll have PLENTY for re-runs and marathons to sell their toys anyway.

My point is they already paid for season 4 and the movie. You can't exactly ask for a refund on a entire movie or a entire season already in production. My point is if hasbro tried to it would in all probability end is a massive lawsuit against them by the studio. It would not go well for hasbro either, because such a move would violate dozens of business and ethics laws and would probably wind up with hasbro having to concede and make a bargain or pay a massive amount of money for damages and such.

In all probability what would happen if the finale flops then they're going to have to can a new toys coming out and try and clear their current stock. Also they might canned new projects that may come out during the off season or such. They may also air season 4 early to try and start selling the toys again. They'll probably cancel any video games or future movies they may be thinking about doing and yet haven't started production for and haven't paid for already.

What might happen is a scaled back toy production or new toys until toy sales pick up again. Meaning no wave 8 blind bag ponies or such for the time being. No season 2 dvd or such for the time being. No new products for the time being.

However they in all probability won't cancel season 4 or the movie, cause that would be a massive lawsuit.

[IncoherentOrange]

Of course, which is why I said that they'd have plenty of material to end the series with. All of the episodes and the movie would come out and that could be it if the S3 finale does badly. If something is going to happen, it's going to happen to S5 and whatever comes with that.

[CannonFodder]

However they in all probability won't cancel season 4 or the movie, cause that would be a massive lawsuit.

Why would there be a massive lawsuit? They can cancel production anytime they want... they just couldn't get a refund on what they'd already spent.
I guarantee you there's a caveat in all of their contracts that gives them an out for any reason. The voice actors, production groups, everything... they are their employees and contractors, and they can direct them any way they wish.

Edit: and if any of the people involved DO make a stink about it, most of them work on other Hasbro products as well, like Littlest Pet Shop and the like. If they decide to fight with Hasbro over MLP, they'd better be ready to be fired and blacklisted from ever working with Hasbro again.

Cause they're commissioning the studio for the episodes. They can't up and cancel all their contracts or cancel production without it going to court.

If studio dhx does "make a stink" about it and blacklist the people who work for the studio that would be even worse from a legal standpoint for hasbro cause then studio dhx could collect damages not just on mlp, but on all the other shows as wel and what was originally a small legal fight just became a massive legal fight that will drag on for years that originally was only for a couple million now is in the tens of millions.

It wouldn't just be illegal it would violate ethics laws as well and chances are someone's going to jail.


What's more likely from a business standpoint hasbro cutting back on toy production to try to clear out their current stock and wait until the new season before producing anything else new, or cancelling production and as result a massive lawsuit against you that will in all probability lead to someone in your company going to jail for violating business laws, or not only trying to cancel production that you already paid for and have a contract with on top of that trying to blacklist the people who work for the company from ever doing business with you again and thus lead to a much larger lawsuit and would probably end with you yourself going to prison?

Tl:dr;I'm not saying it's not possible, I'm saying that I highly doubt anybody that works for hasbro is willing to go to prison over this and that it's more likely that hasbro will hold off on new toys and scale back production of toys until toy sales go back up.

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