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PAC-MAN Arcade was a Scratch project created by the user 124scratch. It was a replica of the original Pac-Man arcade game.
The project received significant attention from the Scratch community on July 29, 2010, when the Scratch Team received a DMCA takedown request from Bandai Namco Entertainment (then known as Bandai Namco Games), the owners of the original Pac-Man games. Bandai Namco claimed that PAC-MAN Arcade infringed copyright law by allowing free, unauthorized access to the Pac-Man game, and asked the Scratch Team to take the project off the Scratch website. While projects of this nature are considered by the Scratch Team to be protected under fair use, they ultimately complied with Bandai Namco's request shortly after receiving the letter.
Bandai Namco's move generated significant opposition from both the Scratch Team and its users at the time, even spreading to some third-party publications.[1] This was the first of two known times when the Scratch Team was contacted by another business for a legal issue, the other being the Animation Hall of Fame — however, there have been more cases that have not been publicly revealed.[2] This was also the first of two times in which an individual Scratch project received attention from the media, the second being SpaceX Falcon 9 Lander.
Claims and Removal
| “ | I have a good faith belief that the "PAC-MAN Arcade" Scratch game by user 124Scratch[sic] found at: scratch.mit.edu/projects/124scratch/1174868[dead link] infringes Namco's rights by offering visitors the unauthorized use of infringing copies of the "PAC-MAN" game product which is protected by copyright and trademark law. | ” |
― NAMCO BANDAI Games America Inc.[3] | ||
| “ | While we appreciate the educational nature of your enterprise and look forward to the contributions of the future programmers you are training, part of their education should include concern for the intellectual property of others. | ” |
― NAMCO BANDAI Games America Inc.[3] | ||
The project was removed from the site by the Scratch Team shortly after receiving Bandai Namco's letter.
Opposition
Many users were angry about this, and a petition was formed, requesting that Namco drop their complaints and allow access to the project to be restored. Over 160 users signed this petition,[4] while some other users sent emails directly to Namco, asking them to reconsider.[5] Namco never replied to these emails.[5] The Scratch Team claimed the project fell under fair use for educational purposes and continues to disapprove of the removal, although they did ultimately comply with the request and remove the project — failing to comply could have resulted in a legal battle between Namco and Scratch, which would have been costly and time-consuming for both parties.
| “ | Apparently they thought a ten year old's Pac-Man project is a threat to their finances and economic well-being. | ” |
― cheddargirl, Scratch Team[6] | ||
A few users pejoratively called Namco "NOMco" as a result of the project's removal.[7]
Support
On the inverse, some Scratchers sided with Namco, arguing that Namco had the appropriate copyright protection over the Pac-Man franchise and taking down the project was justified.
A few of these users made their own petition encouraging the Scratch community to stand down from the complaints, but it gained very little support.[8]
