Horace goes IP Trolling

Octav1us, game reviewer and lover of 1980’s games has been attacked by a copyright troll – Paul Andrews of Subvert. (I do name and shame even if she’s understandably too scared and worried to do it – so bite me.

She used Horace from the ZX Spectrum games, but the guy who was one of the people originally behind the controversial failed Vega+ console issued two copyright strikes on her account. May I remind you that he’s not the creator (William Tang) nor seemingly anything to do with the software house that published Horace. Others have found that he obtained the trademark only a year ago – years after she first published these videos.

So yes, he’s an IP troll.

Apart from the fact that use of game characters on any IP for comment and parody are legal in the UK – yes I think even for monetary purposes (even if not, he would have to prove that Horace was the sole thing that brought people to her channel or Patreon which is unlikely).. The government exempted parody video as a ‘fair use’ a while back in the UK. This is basically a dick move for a mostly forgotten Spectrum character in a really small community.

So she posted this rather upsetting video onto her channel – and as someone who has faced up to the might of the corporate monoliths, illegal strikes and fake DMCAs and such shit I know how scary it can be. I feel for her.

Also the supposed comment I read via Facebook from this man or an acquaintance was really odd. In classic smokescreen style it started with talking with a friend of hers who creates Horace toys – again not necessarily illegal, derivative works even in a trademark case you’d have to prove they were competing with an existing Horace toy – and then shifts to her, without making clear they are two separate people. And what does toys have to do with game reviews on YouTube?!

He also claims disingenuously that he didn’t issue those strkes, but as someone who has been ‘struck’ a few times I’m pretty sure only the copyright holder can press that button. Youtube doesn’t strike for anyone! Even asking for removal means an automatic strike, that is information that is easy to find and I think is highlighted when you flag something.

Anyway I’ve sounded the Copyright Klaxon and tagged Ken White aka Popehat into this, Open Rights Group and tipped off Boing Boing. Copyright Avengers Assemble!

Let’s shine a big fuck-off spotlight on this guy and his bullying – because he doesn’t understand fair use or comment, even under UK law. But even if he was 100% right, chilling speech and comment in a small retro community like this who keep love for characters like Horace when others forget about them is still unethical and wrong.

We keep this stuff alive, but others like this abuse such love.

(Image from Simon Lock aka Aergan. Used here under fair use and news comment, so sue me, come at me bro. 😛 )