Be Excellent To Each Other

Octav1us Kitten (as in the person pictured with TheVision here : https://www.beexcellenttoeachother.com/ ... 1#p1008791 ) is a retro games and general retro tat youtuber who has done a lot of funny videos with various very old IP's that no one really cared about

People watching her videos have created what Kern described as one of the sentences in the 11 years of Beex

https://www.beexcellenttoeachother.com/ ... 3#p1015713

She has a Youtube channel / Twitter and Patreon

Youtube : https://www.youtube.com/channel/UCz5Kx6 ... 9yLY1tnelw
Twitter : https://twitter.com/Octav1usKitten
Patreon : https://www.patreon.com/Octav1us/posts

And has been very open about her struggles with depression and self harm

She'd not posted in a while because of these struggles but was feeling a little better and posted a video yesterday saying she was getting better and would start to do more stuff soon

She then found her channel had been given 2 copyright strikes (if you get 3 your whole channel is removed) and a large number of her videos had been removed due to copyright infringement

This turns out to have been someone who has been going round and hoovering up old IP's and was now going after everyone who was using them

https://twitter.com/Octav1usKitten/stat ... 58/photo/1

This has caused quite a backlash against the person responsible and you will see a lot of people with Horace avatars on twitter just now and a lot of ill feeling to that person (FYI this is one of the people behind the failed ZX Vega)

FYI their trademark list page :

https://subversive.uk/trademarks

She's a brilliant Youtuber and really know her stuff about games.

I can't see how anyone could watch her Horace and think it's going to detract anything from the games, and he's probably her best character (other than the Skifree yeti). If anything, her use of him actually helps anyone trying to flog new Horace titles.

Hope this gets resolved soon.

If I remember rightly, unless you actively go after copyright issues with IP you own, you might cause yourself future issues chasing others.

What does that mean, in practical terms? Have they purchased the IP so are now legal owners of the character?

Man... I've put a lot of weight on since that picture!

Nah, it’s all beard I reckon.

FTFY

A little from column A, a little from column B.

So their page says they have purchased them and now own them - I've seen a lot of speculation on various places that the trail over some of these things is very loose and since a lot of these old companies either went bust or were amalgamated into other companies that then went bust and the paperwork went with them - proving ownership would be difficult or almost impossible.

Also given the person behind this was one of the people involved with the failed ZX Vega that claimed they had full approval for the 1000 games they were going to ship with the unit you have a lot of people saying they just don't believe them

However they have setup a company - with a basic webpage and claim they own the IP and characters in a lot of old retro games (and a lot of old computer manuals) and will now go after anyone using them.

Again, If I remember rightly, unless you actively go after copyright issues with IP you own, you might cause yourself future issues chasing others.

That's trademarks isn't it,?

Yeah, for some reason I wrote copyright

Twice

I did wonder why your posts made no sense at all, but I just thought you were being MaliCorrect

He doesn’t sound like the nicest character. It’d be interesting to see what he produced by way of paperwork for a legitimate purchase, and if the people he’s ‘bought’ them from had legal ownership to sell them.

Is that the same as GazChap Correct?

Yes but for different reasons

If I’d made an investment, paid money, and saw people using my investment without my permission I’d probably do something about it too. I’m struggling to conjure up much sympathy. If this YouTuber thinks it’s fair use then she should stop whining and go through YouTube’s appeals process.

It has been one of those days.

Can't wait for the new tsunami of officially licensed Horace merch! The kids all round here are beserk over Horace. They form rival gangs at either end of the street, north end for Legs Are Best, South for Massive Eye Socket and just ski towards each other screaming his name. Or(!) the only people who buy shit with a terrible sprite like Horace on are all crusty old retro gamers so it's best not to piss off your customer base by springing takedown notices on their Youtube vids.

New CPC confirmed.

If someone is making money off my IP (wholly or in part) then that person should either (a) stop or (b) pay for the privilege.

This youtuber can (a) appeal for fair use (b) pay or (c) remove &/or stop using the IP.

You might moan that only a few older gamers even remember the character but that’s hilariously missing the point.

I agree with Sat

Your IP and IP you’ve tenuously got hold of are two quite different things. You might be legally correct but morally bankrupt.

If this company legally holds the IP, then there’s no problem. They might be banking on someone reviving an old IP they managed to obtain or they might get some money licensing their work to these “mini” consoles. Morality has nothing to do with it.

That’s what someone who’s morally bankrupt would say!

You’d be morally bankrupt to be so arrogant to think that you could use someone else’s IP without their permission just because you played a game on some shitty computer 30-odd years ago.

I'm not sure making him a sexpest was the direction the franchise owners were going to take.

No, YOU’RE morally bankrupt

Etc

Or am I? Or AM I? OR AM I!?

Yes. Now fuck off.

Anyway, is this the guy who says he owns IP when he doesn't have any claim on it whatsoever according to the original owner of the IP?

I think I agree with Sat too but I have been hearing stories how the IP holder is a bit of a shit and has been caught out several times on his lies. I believe he claimed to have coded Advanced Lawnmower simulator which is blatantly not true.

But still, I saw Octavius' video today and she's clearly very upset over this so it can't be a very pleasant situation for her.

That's not him, although it looks like he's responsible for bringing it to his attention.

Sorry, there's a lot of he's/ his doing work there. The guy that claimed to have written Advanced Lawnmower Simulator isn't the same person that now claims to hold the IP.

Ah right, I stand corrected.