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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.'"

37 of 218 comments (clear)

  1. Play for free? by brainboyz · · Score: 4, Insightful
    1. Re:Play for free? by Anonymous Coward · · Score: 5, Informative

      Look at the source of the page:

      "PAC-MAN's 30th Birthday! Doodle with PAC-MAN & ©1980 NAMCO BANDAI Games Inc."

      Perhaps Google actually worked with NAMCO?

    2. Re:Play for free? by cosm · · Score: 4, Interesting
      --
      'We are trying to prove ourselves wrong as quickly as possible, because only in that way can we find progress.' RPF
    3. Re:Play for free? by Fluffeh · · Score: 4, Funny

      Makes me wonder if Google got the same take down notice??

      No, it probably went like this:

      Namco: I am big company! Hear me RAWR!
      Google: I eat companies like you for breakfast. HEAR ME RAWR!!
      Namco: *whimpers*
      Google: Yeah, that's right. Back away slowly little one, else Imma buy you and get EVIL on your ass.

      Okay, so it was probably done with more legal talk and less Rawrs, but that would have been the idea - or close to it.

      --
      Moved to http://soylentnews.org/. You are invited to join us too!
    4. 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
    5. 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.
    6. Re:Play for free? by Vastad · · Score: 2, Interesting

      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. Don't get me wrong, I love the game as a fighter and it works quite nice as a Double Dragon style beat-em-up. But with those amazing cutscenes...it looked beautiful but they were re-donkey-lous.

      Nina is what...40? 50 years old now? But she's the sex symbol and so some cryogenic-hibernation handwavium keeps her in her 20s. Paul doesn't even have that excuse. He should be looking as dodgy as Dolph Lundgren by now. Weirdly, Heihachi makes sense. He's a centenarian by now. All the bad mojo or something.

      The various war gods they fight are just lame. It's approaching SNK territory. First was the Aztec-ish Ogre. Then Heihachi's dad with the ridiculous facial hair. Most recently some weird Egyptian beast made of ice that definitely suffered from SNK Boss Syndrome as well as SNK lameness.

      Ultimately it would be nice to hire some fresh creative non-Japanese brains to come in and sweep away the tropes and stereotypes that stained the latest release. Alisa and Lars were irritating and lazy additions to the roster, Lars being a decent re-hash of Heihachi karate (who'da'thunk the old man liked Swedish blondes). The robot-girl however was getting into Darkstalkers tongue-in-cheek territory which I can't tell is intentional or not.

    7. Re:Play for free? by Yvanhoe · · Score: 4, Informative
      --
      The Wise adapts himself to the world. The Fool adapts the world to himself. Therefore, all progress depends on the Fool.
    8. 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.

  2. MIT just needs to make it a parody by Anarchduke · · Score: 5, Funny

    Say, have NAMCOman eat the developing brains of college students while being chased by the ghosts of creativity. Then NAMCOman can eat a copy of the DMCA and kill off the creative spirits one by one.

    --
    who prays for Satan? Who in 18 centuries has had the humanity to pray for the 1 sinner that needed it most? ~Mark Twain
    1. Re:MIT just needs to make it a parody by Mantrid42 · · Score: 2, Funny

      Reminds me of an old Penny Arcade comic.

  3. O'RLY by cosm · · Score: 2, Funny

    because some kids had recreated Pac-man from Scratch

    Perhaps if this was the sentence the NAMCO lawyer had read, oh wait, things would have gone down the same.

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

    And part of our collective foots should be up NAMCO's ass.

    --
    'We are trying to prove ourselves wrong as quickly as possible, because only in that way can we find progress.' RPF
    1. Re:O'RLY by tepples · · Score: 2, Informative

      Being lawyers, they should look at precedents to realize that "look and feel" isn't "intellectual property".

      Namco would rely on Atari v. Philips , a lawsuit over a Pac-Man clone that Atari (Namco's console licensee at the time) won. The difference between that and other look-and-feel cases you're thinking of (Apple v. Microsoft, Capcom v. Data East, and Lotus v. Borland) is that Pac-Man is an identifiable character, and identifiable characters have stronger copyright protection than elements whose form is dictated by function or by stereotype. One could replace Pac-Man and the ghost-monsters with original characters, like Nintendo did in one of the levels of WarioWare for Game Boy Advance, and have less of a chance of breaking copyright law.

      But talk this over with your lawyer before acting on it.

  4. 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."
  5. 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.

  6. "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.

  7. Don't hate the company, hate the lawyers... by Kildjean · · Score: 3

    It is sad that one of the oldest gaming companies in the world has become so shortsighted as to punish a group of students using as inspiration one of the best games ever made, by a bunch of students that want to honor "Pac-Man" by recreating it on Scratch. Not to sell it but to learn. Shame on you Namco (and your lawyers), too bad non of your games now are worth even pirating otherwise i would wish that to you.

    --
    Nom de dieu de putain de bordel de merde de saloperie de connard d encule de ta mere.
  8. More information! by acomj · · Score: 5, Informative

    This page is a detailed history of Pac Man, including history and information on the different ghosts move algorithms and speed changes... I find it interesting... Read it while you can, its hosted on comcast.....

    http://home.comcast.net/~jpittman2/pacman/pacmandossier.html

  9. One down ... by StarDrifter · · Score: 3, Funny

    One down, about 1620 more to go.

  10. Namco makes a good point by Dachannien · · Score: 3, Interesting

    There really is a good lesson about intellectual property to learn here. No, it's not exactly the lesson Namco wants these students to learn, but in this overly litigious society, it's important for everyone getting an education in computer programming to learn about patents, copyrights, and trademarks, both in terms of how they work and in terms of what their limits are. After all, you can create a Pac-Man-like game without treading on Namco's turf, and programmers should take some time to learn just how to do this sort of thing.

  11. Re:Learn better by wkurzius · · Score: 3, Interesting

    The reason answers exist in the back of math textbooks is not for cheating. They are there so you can check your methods and determine if you are going about things the right way.

    One of my first programming experiences was making a tic-tac-toe game on the TI-83 my high school gave me. I knew the game already, I knew how it was supposed to look and work, and therefore allowed to me to concentrate on the method only. I had the answer, I just needed to figure out how to get there.

    Scratch is a learning tool, aimed at elementary students, perhaps going into high school bit. Maybe the students (assuming they're students) shouldn't have posted the project online, but I encourage them to rip off every game they need to until they're comfortable enough to make their own.

  12. Re:Do not see that as condescending by IgnoramusMaximus · · Score: 5, Interesting

    It's really true that part of an education is in fact realizing that some people have IP that they will vigorously defend, and that you need to perhaps think more about creating something truly original in order to avoid this issue.

    Except of course that the true purpose of all the "intellectual property", as the mega-corps and their paid-for politicos envision it, is to prevent exactly that and to ensure that no innovation is possible without it "belonging" to one of the "gate keepers" of all future progress who are busily jockeying for the position in this aristocracy.

    And it is already nearly so since every thing ever invented or created always builds on the cumulative knowledge of all the discoveries and developments of the past and the recent past is nearly completely patented, copyrighted and locked down. Locked down forever - for all practical purposes from the point of view of a person living less then 100 years.

  13. 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.

  14. Re:No, they don't make a good point. by mark-t · · Score: 3, Informative

    "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."

    AFAIK, what you're describing happens only with trademarks, not copyrights, so I think you may be confusing the two. At most, people that the copyright holder does not take rightful action against might be construed as having been given implicit permission to copy the work, but that should not remotely affect future cases against other people.

  15. NAMCO was right in this case by harlows_monkeys · · Score: 2, Interesting

    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

    Correct, and I did my share of imitating other's games when I was learning. However, I didn't use the same name as the original, and I didn't take copyrighted artwork or music from the originals.

    Using the same name is a clear trademark violation, and NAMCO has to tell them to stop, or they risk losing their trademark here.

    As far as copyright goes, you can't copyright the idea of a "be chased around a maze while gathering prizes, and have power-ups that sometimes let you chase the monsters" game. However, there are a lot of ways to express that idea in a game, and copyright protects NAMCO's particular expression. There's plenty of room left for someone to do a similar game, but different enough that it incorporates no protected elements. From the descriptions i've read from people who played it before it was taken down, they did not stray far at all from NAMCO's particular expression.

    A damned good case can be made that learning how to imitate the idea of something without copying the expression is an important skill that any professional or serious programmer should learn.

  16. Re:Do not see that as condescending by cpghost · · Score: 2, Interesting

    And it is already nearly so since every thing ever invented or created always builds on the cumulative knowledge of all the discoveries and developments of the past and the recent past is nearly completely patented, copyrighted and locked down. Locked down forever - for all practical purposes from the point of view of a person living less then 100 years.

    Let's see it from an evolutionary standpoint: societies that allow themselves to be shackled, bound, and immobilized by excessive red tape (including all this IP nonsense) will ultimately go the way of the dodo. I.e. they will become extinct, while other, more dynamic societies, will arise and prosper and replace those dinosaurs that our societies have become.

    --
    cpghost at Cordula's Web.
  17. 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).

  18. 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.

  19. 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.
  20. 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.

  21. 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.

  22. 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".

  23. Re:Do not see that as condescending by IgnoramusMaximus · · Score: 2, Interesting

    Your comment truly baffles me.

    I will make an (only one) exception in replying to an AC, further AC comments will be ignored as odds are that you are down-moderating me with your real account.

    Your confusion stems from conflating "aesthetics" with corporate activities. While it is true that people might find one thing or another "attractive" those perceptions have long since became subject to manipulation by the "fashion" industry, with the aim of "creating market" for disposable crap. Jewelery is in the same category, and has been worked by the con-men so thoroughly that you end up with nonsensical psychosis like "engagement rings" and "anniversary rings" etc. If only aesthetics was involved, the jewelery (and clothing) markets would not reach even 1% of their present size.

    Hence "parasitic" activities, since a tiny conceivable gain is visible for the "consumers" at a massive expense.

    It can also be put another way: a good indicator of "value" of something is the resale price of the said thing as measured immediately after purchase. For jewelery in the US the drop is frequently in 80% range.