A homepage campaigning against AVEX's pirating character
introduces an article.
(In this article , there are some indications of pictures.
But only one picture is shown. Please be Informed.
You can see all the pictures explained in Italic letters by clicking the webpage shown at the bottom of this article.)
*On September 18, 2005 JST, the author of this article has started a mirror webpage of this article. There you can see whole article with complete pictures of it. Please visit the webpage shown at the bottom of this article or click here.
=Comprehend "Noma-Neko" case in 5 minutes.
You know "Dragostea din Tei" or "O-Zone Koi-no-Maiahi"
known with the phrase "Mai a hi, Mai a hu", dont'you?
You also probably should have seen a flash movie
(cartoon works streaming through internet.) showing a
catlike character dancing.
*Character AVEX calls "Noma-Neko"
What? Doesn't this character remind you of something?
Yes. You're most surely right. They closely ressemble
to Monar and Mo-lala having been beloved in a gigantic
BBS website 2-channel.
*Monar and Mo-lala, long beloved characters in 2-channel.
(Picture not shown)
There should be some people who thought these charcters
in flash movie along Dragostea din Tei were Monar, Mo-lala.
AVEX, a music giant in Japan emphasizes
"THEY ARE NOT MONAR NOR MO-LALA!!"
Well, it is ovbiously necessary to know how characters in
this flash were created and history on it.
Let's move forward.
??Suspicion to "Noma-Neko" of AVEX plagiarize 2-channel character.
-history-
End of September, 2004.
Wata, an inhabitant of 2-channel thread (onwards : 2-channeller) has created
a FLASH movie .
You can see it here.
(Flash not shown here)
End of September-October, 2204. Wata unveiled it in 2-channel.
Most of 2-channeller preferably enjoyed this movie in which shows
Monar and his friends dancing.
A little while later, March, 2005 AVEX a music giant in Japan has released
O-Zone CD entitled of Dragostea din Tei.
This CD contained the flash movie as a bonus truck with some correction.
Wata's flash movie called enough attention to let AVEX ask Wata to renew
some part making suitable for O-Zone CD.
You will find some slight difference comparing to the original,
But still characters shown and parodied words were constructed
basically the same. (This is what you should often see now.)
Many of 2-channellers found it good to achieve to be used as a main character
in AVEX products, some found not as a profit making company uses character from
public domain.
One day, however, the situation suddenly changed! On September 5, 2005
AVEX announced to promote these characters as their "original" characters
on a large scale in goods sales. Especially the principal character named
"Noma-Neko".
(Picture of Noma-Neko goods. Not shown in this page.)
A beloved character which has been brought up in BBS, virtual internet
world has been kidnapped as an "original" of profittal enterprise!!
2-channellers were sorrowed, confused and so on... But most of all,
the were quite much raged. There was even some who started asking AVEX on it.
September 6-7,2005 response from AVEX were as follows :
1. Noma-Neko is a completely original character. It has got nothing to do with
2-channel.
2. Do Kitty and Noma-Neko look the same? No. It is the same that 2-channel
character and Noma-Neko are not the same.
While 2-channellers were in a big confusion and anger, MUZO has announced
an official statement on their webpage.
( * MUZO is a group which promotes FLASH BOMB 2005, an event of flash movies.
Webmaster added.)
(Pitcure of statement of MUZO. Not shown in this page.)
=quotation=
"Inspired" from Monar, usually recognized as 2-channel based, is what
AVEX admits.
=quotate end=
Many could not see what this statement exactlly means.
"Nothing to say at this moment." was only reply we could
get from AVEX.
And at night on September 8, 2005, an article titled "About copyright of Noma-Neko"
was added on an official internet shopping website of AVEX.
Following is part of that article.
=extract=
"Noma-Neko" was born to be "inspired" by ASCII Art characters often seen on internet
BBS such as Monar and so on.
=omitted=
Copyright of Noma-Neko does not restrict you of using EXISTING ASCII Art characters
at all.
=extract end=
"What does "inspired" mean?"
"Isn't this a confession of copying our character after all?"
"Who does AVEX think it is? AVEX copied our characters in puclic domain!!"
Quite a few people started inquring or protesting against AVEX though what
AVEX mechanically responded was :
"Noma-Neko is completely different character from Monar and Mo-lala."
"Word in statement "inspired" means "influenced" or something similar.
Anyway it does not mean something special."
"Distinction between Noma-Neko and Monar/Mo-lala can not be commented."
(Picture comparing the difference of 1st edition and 2nd edition of
Wata's flash movie. Not shown in this page.)
So many are in deep sorrow or raging agains what AVEX has done.
Even an artist belonging to AVEX found it wrong, stating
"It's mad to insist in its copyright." on his own weblog page criticizing
AVEX.
AVEX has not (at the moment of September 12, 2005) admitted their fault.
??Suspicion to "Noma-Neko" of AVEX plagiarize 2-channel character.
-Point of problem-
1. Suspicion of plagiarism from a character whose copyright exists.
2. Suspicion that copyright of author of the AA is violated.
3. AVEX does not responsiblly do their duty to explain the
situation.
-The only answer given to those who asked what makes Noma-Neko
origial is "Cannot answer."
4. Freedom of creation and culture following is being endangered.
-AVEX commented that it does not restrict the use of EXISTING
AAs, but AVEX itself is not even sure what to do about AAs
created after the statement on September 8.
Restriction or action along law to 2-channel related or based
character goods cannot be decided at this moment, as AVEX
says "Cannot be answered. We might (restrict), maybe not."
??Suspicion to "Noma-Neko" of AVEX plagiarize 2-channel character.
-Frequentll asked questions and replies.-
Q. Does ASCII Art own a copyright?
A. The answer seems to be YES. Official judgement should be made by
judical system, of course.
-According to Copyright Research and Information Center, AA is
definately a work like papercrafts.
Q. Isn't it free to use as the author is unknown?
A. No. To use certain subject whose author of the work can not be
determined,
it is necessary to apply following law. To be permitted, it
takes a lot of efforts of determining author.
Q. What is a problem that an AA character is used. Let them do as
they like.
A. It is not such a simple question.
What if a profittal company suddenly declares that certain
ocject, like Noma-Neko, is their original characters, even
though it is a copy of some existing object with slight change.
Everyday many artistic works are unveiled in internet such as AA
characters, stories, music, and of course, FLASH movies.
All these works are introduced with author's aim for audience to
enjoy, author made it because author wanted to, and so.
No one will feel llike introducing their works if their works
can easily be pirated by a major companies.
What AVEX is doing could even destroy culture of creation in
internet, namely a barbarous act, isn't it?
Q. Isn't Noma-Neko an original character? Don't 2-channellers
merely want to argue on AVEX product?
A. You could think that way.
(Picture comparing the difference between 2-channel character and
characters in Wata's movie flash. not shown in this page.)
Q. Isn't there anything we can do to be used Monar by AVEX if the
author is not determined?
A. Author of Mo-lala is determined. Mo-lala is also used in O-Zon
CD though the author was not informed nor asked for permission.
Q. AAs are made from letters and signs, Noma-Neko is not. Can not
it be the originality?
A. Point of creativitiy or originality should be judged by judical
sysytem, of course, but in the other hand, the Copyright
Research and Information Center said filling the blank of
letters and signs can hardly be admitted a new creation.
This means that illustrating(drawn in line. Webmaster added.)
Monar will not give excuse to call it "original".
Q. Anything I could do against it?
A. YES. Plenty of things you can do are shown below.
-Write about it on your own webpage.?@
-Tell your friends about it or show webpage would be nice, too.
-Call or send mail of questionaries to AVEX.
If you want to do something further, please see the content
"What we can do" in the webpage shown below.
Act against plagiarism of AVEX from 2-channel based AA character.
=Noma-Neko kidnapping case=
(All in Japanese but you'll find pictures.
Webmaster of this page has created English page.
You'll find the article with complete pictures.)
Posted by monseurmonar
at 12:37 AM KDT
Updated: Monday, 19 September 2005 11:42 AM KDT
