8-Bit DJ Hero Gets a C&D

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banned

We love fan-made games, so it really bums us out when some of them get the inevitable cease and desist. (Rest in peace, Chrono Trigger remake.) Recently, we showed off Eric Ruth’s latest de-make, Pixel Force DJ Hero, praising it for its mashup chiptune soundtrack. Well, unfortunately the soundtrack wasn’t so well-received by some corporate fellas at Universal Music Publishing Group. This afternoon, Eric received some bummer news regarding a few of the tracks in the game.

Eric,

It has come to our attention that you are distributing a video game similar to DJ Hero.  I have no record that Universal Music Publishing approved any of our copyrights being used in said game.  To the extent that you possess a valid license please provide me a copy.

Best regards,
J. Grannis

Jerrold,

It is true that I have not “properly licensed” the 8-bit creations I have composed.  I understand the point of you bringing this up, but you are fully aware that all record companies and writers have been properly noted and thanked in all credits and listings in said game.  I am not collecting money or payments from the project in any way shape or form, and only utilize my projects to give the community an understanding of my talents.  I hope this does not end in a formal request to remove the game from the online community.  Its been a crumby day and that would really do me in.

Thanks for taking the time to write, Jerrold.  I hope your day is well.

All the best,
-Eric

Eric,

Under US law, it doesn’t matter whether the content is provided free to end user or for a charge.  What matters is that content was distributed without the copyright holders express permission.  Further, I note that by “mashing-up” multiple copyrights, you are making fundamental changes to the music that may be considered derivative works.

We do require that you remove the game immediately, and provide us with metrics on how many units were distributed.  We will review the data and see if there is some way to come to a mutual agreement for use of music in this game.

At present all rights are expressly reserved.

Best regards,
J. Grannis

Jerrold,

I will take down the game as per request.  I will also tell you that I have literally no idea how many downloads the game has received.  It has been mirrored at many sites and I’m sure that there is a torrent available somewhere at this point.  In fact, the game was hosted on a “drop and link” service of which I can not even grab any download information from.  I actually wish I knew how many copies were moved even for my own documentation, but unfortunately I haven’t the slightest idea.

Now, nothing personal because I know you are doing your job here (which I can understand and appreciate) but this is a pretty dick move.  In fact, the game may even be helping to sell some copies of music, which of course, benefits you in the end.  Anyhow, I’ve used other “copyrighted” material in the past and have gotten no flack from it.  This is the first time a C&D has ever reached my desk, and while I will honor it, I will also be honest with you about how I feel in regards to it.  “It blows.”  If there was ever an example of “we have money, and you don’t, so f*ck you”, this is it.

Anyways, personally, I wish you all the best and hope your Holidays are pretty rad.  Send my best to the Grannis family.

All the best,
-Eric

Eric,

US law is US law.  If you think “it blows”, write your Congressman.

Best regards,
J. Grannis

Eric has officially removed Pixel Force DJ Hero from his main website, but his game was spread around quite a bit before the C&D. While you can’t officially grab it from its original home anymore, we’re not saying it’s impossible to find.

Your Comments

  • Cody Musser said Dec 7th 2010 5:21 AM

    J. Grannis sounds a bit like a douche.

    Reply
    • Anonymous said Dec 7th 2010 11:19 AM

      A bit?

      Reply
      • sventizzle said Dec 7th 2010 7:39 PM

        Maybe 8-bits?

        Reply
  • Koos said Dec 7th 2010 12:57 PM

    Could this be the same douche?
    http://www.linkedin.com/pub/j-grannis/4/a8a/409

    Reply
    • Cody Musser said Dec 7th 2010 2:50 PM

      Yeah. That’s him. I was looking for an email to…. do nothing. Do nothing mean at all.

      Reply
  • GreyFox said Dec 7th 2010 1:06 PM

    This is so dumb. Don’t people know the meaning of “tribute” anymore? This is what we call “democracy”, lol.

    Reply
  • pollo said Dec 7th 2010 2:50 PM

    I hadn’t heard of 8-Bit DJ Hero until this story. Downloading now.

    Somewhere far away, Barbra Streisand is weeping.

    Reply
    • Anonymous said Dec 7th 2010 7:07 PM

      Ditto!

      Reply
  • Mark said Dec 7th 2010 2:54 PM

    He knows damn well that it doesn’t matter how much we write to congress. ******** like him OWN congress.

    Reply
  • Anonymous said Dec 7th 2010 6:39 PM

    I like that now more people will download this.

    Reply
  • bleh said Dec 7th 2010 6:44 PM

    To Mr. Grannis–

    If you truly think that you and your client(s) has triumphed, think again. Where Eric Ruth fell, others have already risen up to make sure his game survives. You simply cannot win. May you trip over a dead ostrich and/or be disbarred someday.

    Reply
    • jgabler5025 said Jul 19th 2011 2:03 PM

      +1 to you sir. I came upon this after Dr. Stuart Ashen did a review of this and after PikiGeek did an article on TF2A. Needless to say, I’m downloading it now thanks to the awesome community of gamers.

      Reply
  • Michael Anton Lylyk said Dec 7th 2010 9:52 PM

    Such drama for a fun little thingy. Let it be up! gawd!

    Reply
  • Mark Coronia said Dec 8th 2010 1:06 AM

    Can you not make mash-ups and get away with it because you are creating something original? If not, how the hell is Girl Talk still in business?

    Reply
  • Tristopherson said Dec 10th 2010 11:18 PM

    Grr… I hate people who serve C&D’s just because they can. I mean really, is this taking away from any DJ hero sales? Are people going to download this instead? I mean really, this game as awesome as it is, is not even in the same category. Same with the music, are people going to just get the 8-bit version of a song instead of the actual song to blast in the car? Uh, no.

    Reply
  • Zinpike said Dec 16th 2010 2:23 AM

    Downloading this game simply out of spite. Take that Grannis.

    Reply
  • Chrisj1984 said Jan 21st 2011 5:51 AM

    I for one will not be buying anything DJ Hero or Guitar Hero again. After watching the video of 8 bit DJ Hero I was really considering purchasing the real thing, then this **** happens. Universal has shot themselves in the foot. Corporate asshats.

    Reply
  • Nydia Benford said Mar 29th 2011 9:27 PM

    Hello.This article was really fascinating, particularly because I was browsing for thoughts on this matter last week.

    Reply
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    Reply
  • Rita Tanzman said Apr 6th 2011 10:51 AM

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    Reply
  • Floretta Heavin said Apr 10th 2011 9:23 AM

    You are a very intelligent person!

    Reply
  • Chicken Pox Pictures said Apr 10th 2011 11:10 AM

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    Reply
  • Onessenum said May 31st 2011 1:39 PM

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    Reply
  • R said Jul 20th 2011 6:52 PM

    Mr. Grannis said it’s “the law” but did not cite any specific law. I think Mr. Grannis needs to review the law himself sometime as this is in no way a violation of Copyright (I notice he didn’t capitalize the word as it would appear in a legal notice). This isn’t even a proper C&D.

    Since all the content has been recreated in a way that severely modifies it from the original it falls under Fair Use (17 U.S.C. § 107) as a work of parody. They could try an pin it under derivative works, but seeing as you completely recreated it I don’t see that getting very far.

    Reply

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