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NAMCO Takes Down Student Pac-man Project

An anonymous reader writes "The core of how people first learn to do stuff — programming, music, writing, etc. — is to imitate others. It's one of the best ways to learn. Apparently a bunch of students using MIT's educational Scratch programming language understand this. But not everyone else does. NAMCO Bandai sent a takedown notice to MIT because some kids had recreated Pac-man with Scratch. The NAMCO letter is pretty condescending as well, noting that it understands the educational purpose of Scratch, but 'part of their education should include concern for the intellectual property of others.'"

21 of 218 comments (clear)

  1. Play for free? by brainboyz · · Score: 4, Insightful
    1. Re:Play for free? by Restil · · Score: 2, Insightful

      It's also possible, that out of the blue, Google lawyers approach Namco, say they want to make a cool front-page gizmo that emulates a pacman game in light of the 30th anniversary, and works out a contract for the right to do it. Pacman being a classic, but old and relatively profit-less production at this point, probably allowed it for not much more than the name recognition, if that. Getting permission in advance is usually much easier, and besides, if pacman wasn't a realistic option, there are hundreds of other classic games that would work equally well for the educational experience, and certainly ONE of their companies would have allowed it.

      Of course, if this were only a project that stayed in the classroom, Namco likely would never of heard of it.

      -Restil

      --
      Play with my webcams and lights here
    2. Re:Play for free? by fractoid · · Score: 3, Insightful

      You never made burgers or chips in Home Ec? You never made a spice rack or a dustpan in Manual Arts? You never wrote a version of Tetris or Space Invaders (or Pacman) when you were learning to program?

      We're monkeys. We learn by copying what others have done. When we fully understand what's already been done, we add our own little bit and then someone else copies us.

      --
      Rampant carbon sequestration destroyed the Dinosaurs' tropical paradise. I'm here to help repair the damage.
    3. Re:Play for free? by Eraesr · · Score: 3, Insightful

      The whole thread that sprang from this post reeks of sadness. Look at all these nerds worship Google. Everyone just look at some AC's post a bit up the page. There's a copyright notification for NAMCO Bandai in the Google page. It makes it kind of obvious that Google licensed Pacman from NAMCO Bandai.

    4. Re:Play for free? by ciderbrew · · Score: 1, Insightful

      No please, don't say such cool things knowing it will never be true.

      Seriously, with Google's wallet, you could actually pay for a decent writer to rescue the farce that is Tekken.

      I think other games companies do pay a bit for good writers. Then some mid management arse wants to put his stamp on the idea. Followed by marketing at any level you care to pick from.
      Writers are good at writing. Standing your ground is another skill set.

      I could be talking about every business I’ve ever worked at regardless of idea/product. I can’t be sure. I can't stand my ground. Forget what I said.

  2. what about the business majors? by Anonymous Coward · · Score: 5, Insightful

    why aren't they being taught to respect the rights of others (fair use, etc)? why aren't they being taught that they can't have an indefinite free lunch in a free market? why aren't they being taught that broken business models propped up by government do everyone a disservice?

    1. Re:what about the business majors? by couchslug · · Score: 4, Insightful

      Because business is war, only restrained by law, and free of morals. Conventional morality is a liability in business.

      The goal of business is profit, and if we would shape its behavior that must be done by imposing fear of punishment as a deterrent acts which we sufficiently disapprove. People respond to fear even if they are amoral. Be ready to inflict pain upon those you would have behave themselves.

      --
      "This post is an artistic work of fiction and falsehood. Only a fool would take anything posted here as fact."
    2. Re:what about the business majors? by couchslug · · Score: 2, Insightful

      "However, if this is the case, these people participating in this 'business' deserve neither respect nor obedience. "

      If business wants "obedience" it should pay what the market will bear.

      --
      "This post is an artistic work of fiction and falsehood. Only a fool would take anything posted here as fact."
  3. Standing on the shoulders of giants. by WoollyMittens · · Score: 5, Insightful

    A vital part of human culture is that every generation of people can build upon the innovations of the previous. This is how we got from living in caves to reaching for the stars. Greedy corporations are systematically destroying this mechanism for their own personal gain. This must be stopped or our civilization will have no future. Lawrence Lessig dat a much better job at explaining this than I do: http://remix.lessig.org/

    1. Re:Standing on the shoulders of giants. by EdIII · · Score: 4, Insightful

      Exactly. If Pac-Man was 3 or 4 years old and still sold on store shelves I would have infinitely more understanding and sympathy for the IP owners.

      Over 20 years old, during which you had the opportunity to profit from your work, I have no sympathy at all. In fact, it goes from sympathy to loathing for all the reasons you outlined.

    2. Re:Standing on the shoulders of giants. by westlake · · Score: 3, Insightful

      Exactly. If Pac-Man was 3 or 4 years old and still sold on store shelves I would have infinitely more understanding and sympathy for the IP owners.

      Pac-Man is 30 years old and still on the shelves.

      Google shopping returns 8,000 hits for licensed Pac-Man games and related products.

      Namco sells $3000 full-sized replica Pac-Man Arcade Games for the family room.

  4. "concern" by Josh+Triplett · · Score: 3, Insightful

    part of their education should include concern for the intellectual property of others

    Sounds like a good idea; they should learn to find intellectual property deeply concerning. These students already have, the hard way.

  5. Trademark and sprite ripping by Anonymous Coward · · Score: 1, Insightful

    There is another PACMAN in scratch if you search you'll find a dozen of them.

    One of the key differences between those and 124Scratch's version is he used the original sprites from the game. Using those game sprites is a gray area when it comes to fair use (there are like 3 or so basic sprites, hard to copyright such little IP). But the real problem is trademark. NAMCO has a trademark on the PAC-MAN and the ghosts. They license those trademarks often. And in trademark it is protect it or lose it. Every poor student they ignore is a wedge for a some cheap ass software company to use as cover in a court case. Imagine every cheap cell phone with an identical rip-off of pac-man on it, except junky and hard to control. We expect the NAMCO PAC-MAN brand to be a certain quality (although the 3D ones pretty much sucked in terms of gameplay, so maybe not anymore).

    Anyways trademark is there for a company to protect their brand. Establishing a brand costs money and maintaining it costs money, it has value and therefor should be protected. And as soon as a company no longer cares about their brand it ceases to be protected. It's a fairer system than the copyright system, in the sense that it actually ends. (copyright lasts like 10,000 years now?)

  6. Re:No, they don't make a good point. by hyphz · · Score: 4, Insightful

    Well, I've taken a look at the site.

    What it APPEARS has happened here is that NAMCO have _assumed_, based on the appearance of the site, that what's running on the site is actually a Java emulator running the Pac-Man ROM. I say that because a) the loading sequence that Scratch projects show when invoked via the web looks just like the startup for such a Java emulator, and b) there are still lots of pac-man games on the Scratch site that haven't been affected.

    Alternatively, it could be the case that an evil-minded student rival reported the page to NAMCO. See, letting people infringe on your copyright just by turning a blind eye is ok; but if there's an actual paper trail proving that you _knew_ about the copyright infringement, you HAVE to take some legal action to enforce it - otherwise, your copyright can be overturned.

    There is definitely something deeper here than what has been reported, and it may be worth reserving judgment until we know what it is.

  7. Re:Do not see that as condescending by IgnoramusMaximus · · Score: 3, Insightful

    Without patents, we wouldn't have a large portion of the innovation of today;

    That is merely an assertion of the "intellectual property" would-be landlords, in fact it is easily disproved: progress existed long before patents, in fact patents were present for something like the last 1% of recorded human history. And before you start talking about how fast that last bit developed, that has nothing whatsoever to do with patents but with easy access to and free exchange of information between scientists and inventors, the very thing that is now being restricted, combined with a critical mass of population density and transportation capabilities. Patents were simply inconsequential, having accounted for only a tiny part of the industrial output of that period, not to mention the fact that some industrial powers (I am looking at you USA) developed precisely because they ignored patents claimed by their former bosses (Britain in this case).

  8. Re:Bad news by Ant+P. · · Score: 2, Insightful

    If the empires of the past had guarded their "intellectual" "property" so jealously as these money-grubbing little cunts, we'd all be shitting in open trenches today.

  9. Re:Want more information? by Froboz23 · · Score: 2, Insightful

    Speaking of Google, I googled for user 124scratch, and found more of his evil deeds. If you thought NAMCO's response was bad, wait until Nintendo finds out that their beloved Donkey Kong has been reimplemented (a.k.a. pilfered!) Nintendo is on par with Disney for being protective about their copyrights.

    http://scratch.mit.edu/projects/124scratch/1217451

    It's buggy to be sure, but it has the foundations of a very good port. Which in this case, is a bad thing.

    I'll stick with Atari 2600 coding, where the graphics are so primitive that modern video game companies couldn't even recognize their game has been ported. Hopefully I'll have Crysis 2600 ready in time for Christmas.

    --
    Take off every Sig. For great justice.
  10. Re:Let's look at this differently ... by ChrisMP1 · · Score: 1, Insightful

    Yes, troll. If Tux the Linux penguin was trademarked, and they made a game involving Tux, nobody would give a damn. Shut up and quit trying to be an ass.

    --
    <sig>&nbsp;</sig>
  11. Re:Do not see that as condescending by IgnoramusMaximus · · Score: 2, Insightful

    It also has to do with some motivation other than "less beatings" when you come up with something novel.

    Which, according to the True Believers in the "free market" religion, can only be an all-encompassing, boundless, unstoppable and never satiated greed that burns within one's belly like a fire ...

    Of course most scientific discoveries were made out of a desire to discover and understand, not even a single penny entering the equation at any time, other then to fund the research with. Most inventions were made because some difficulty or need annoyed the inventor, not because he wanted his thing featured at late night infomercials. In fact greed is a very poor motivator because it tends to lead to "inventions" whose only purpose is to somehow make money, irrespective if they actually work or have hidden side effects.

    Look at the successes of a company like Stuller (jewelry business). Their operation is based around the premise that any employee who comes up with a way of saving the company money directly gets half of what the company saves for the first year. With that policy, they've become the single biggest wholesale supplier of findings and mountings, and one of the biggest for stones and finished jewelry. They were founded in 1970; 40 years to be the best in an industry from the founding date, largely because the concept that you, and only you, can be rewarded for your ideas is really novel the the last couple centuries.

    Yes, lets consider this company which supplies utterly useless crap, "demand" for which is manufactured wholesale by attempting to brainwash the unsuspecting dupes that "jewelery" will somehow improve their self-esteem or if they do not get it, they will be seen as "lesser" by their peers. The term "parasites" comes to mind.

    If I have no motivation to come up with an idea, I'm not going to, plain and simple. That's a simple fact, and is a significant portion of the reason people think about how to make their lives easier, then sell their goods via infomercial rather than keep it to themselves. The total elimination of patents would bring the economy to a standstill- just the same as the current nonsense is slowing down progress.

    Given that you equate "motivation" with greed and the crap peddled on the late-night infomercials with "inventions" and "progress", further discussion is likely to be a waste of time.

  12. Re:Utter Bullshit, new ideas common and everywhere by IgnoramusMaximus · · Score: 2, Insightful

    Come on. New ideas, new worlds (especially in gaming) are made all the time! Where are the scary boogity boo gatekeepers that blocked Doodle Jump? Or Braid?

    The fact that the "intellectual property" crowd has not yet achieved their desired goals completely does not mean that they are not in the process of doing so. With every 100+ year copyright the field of possible gaming ideas that are not covered narrows since there is a finite number of fundamental variations on the interaction with a game and claims of "significant similarities" become more and more viable to pursue the "derivative works" tithe collection strategy.

    But the long term grasp the huge companies have on said ideas simply strangles what they have; it simply does not preclude a vast world of new ideas from being born and seeming all the more fresh to a world that craves uniqueness and the unusual.

    You clearly do not grasp the scope of the copyright. Any work even remotely similar can be attempted to be acquired by a mega-corp via claims of it being somehow "derivative" (subject to wholly subjective and utterly whimsical since no scientific formulae exist for this - and highly bribe sensitive - opinion of a judge) and no indy studio is going to withstand a multi-million legal assault by a Sony, a Viacom or an Electronic Arts. The only reason these two-bit gaming productions are not molested is precisely because they are precisely that, beneath the contempt of these mega-corporations. Little cockroaches feeding on the crumbs that fell unnoticed from the feast table.

    So I say, let Disney have the mouse for a billion trillion years. They can dance with that hoary skeleton until the end of time while the rest of the world moves past them, and they wonder why they in turn cannot come up with new ideas that work like Pixar can (yes I know technically Disney owns Pixar). And in time of course Disney gets it's own comeuppance, since it can no longer borrow liberally and freely from old treasured children's stories as they, too, are protected forever...

    You defeat your own arguments. Disneys of the world are doing quite fine, thank you, by ever expanding their control over the popular culture and by acquiring rights in perpetuity to anything that can be a base for further creations, in fact these very children stories are also being acquired by the likes of Disney for their "portfolios" of "intellectual property" and so they are the only ones to gain from it, to the detriment of the humanity at large.

  13. Re:Do not see that as condescending by IgnoramusMaximus · · Score: 2, Insightful

    But have you seen the rotary power saw with two blades, one rotating in each direction, that is infinitely safer for firefighters to use on a crashed car because it doesn't emit sparks?

    Except, of course, the counter-rotating blades do nothing whatsoever for sparks as they are the result of friction that does not disappear magically because you got two, three or twenty blades (advanced saws use fluid coolants and lubricants for that) and fire-fighters use hydraulic-operated cutting jaws because they allow for precision cutting without exposing victims to flying bits of metal and rotating blades. Also, fire-departaments do not buy anything from infomercials. Ever. The target audience is the gullible public.

    Late-night infomercials were the traditional domain of con-men and scammers since the first day they were broadcast. In fact the only serious product I could imagine being sold there would be a stamp with which you could stamp your forehead so it could proclaim to the world "I am a homo-idiotus, a specimen of a TV-stupefied 'consumer' whose wits were stillborn and whose gullibility is infinite. I buy stuff from infomercials! No brain within." That way we could easily tell at a glance whose "opinions" to disregard before he opens his mouth.

    Come to think of it, the infomercial victim crowd is very likely composed of the same people who make all that email spam profitable. More of your kind of "innovation".