Are they even selling it?, It's free no?Guys, are we seriously debating if Nintendo should let someone sell something this product blatantly violating their IP? This isn't even about preservation and what not.
Are they even selling it?, It's free no?Guys, are we seriously debating if Nintendo should let someone sell something this product blatantly violating their IP? This isn't even about preservation and what not.
Guys, are we seriously debating if Nintendo should let someone sell something this product blatantly violating their IP? This isn't even about preservation and what not.
Meh
If they aren't selling it, then how are they violating Nintendo's ip? Does it break fair use?
yup. it's the same reason Japan's game bars are struggling under legal pressure. super bunnyhop did a great video about on YouTube
Hmm you may be convincing me. The difference may be it is way too possible that ordinary consumer will think this tile set is a real Nintendo release when it's not, as well as the fan game coming out of it, but no one will think I'm posting as a representative of Luigiboshi Gin franchise.If they aren't selling it, then how are they violating Nintendo's ip? Does it break fair use?
You can't just say since they are using Nintendo's IP or else your avatar is violating the IP
This a good point, I can't really make an argument for Pokémon essientials since every info about it seems to be gone but on the fangames I find it hard to believe. I searched each one in the op and the first couple of links said they were fangames/not asscoiated with Nintendo. I think it would be up to Nintendo to prove it(if it ever got to court).Hmm you may be convincing me. The difference may be it is way too possible that ordinary consumer will think this tile set is a real Nintendo release when it's not, as well as the fan game coming out of it, but no one will think I'm posting as a representative of Luigiboshi Gin franchise.
People are making a big deal about this. Nintendo has every right to take down any fan game that uses their IP and assets. They're not being the bad guy or anything. They're simply protecting their IP and the value of it.
That's not how IP laws work on America. Ip fair usage is decided on a case by case basis, which includes fan works.People are making a big deal about this. Nintendo has every right to take down any fan game that uses their IP and assets. They're not being the bad guy or anything. They're simply protecting their IP and the value of it.
This, people think they're entitled to do whatever they want with other people's IP as long as money isn't involved. Which is just absurd
So what are your feelings on fanart, fanfiction, fan games, or any sort of fan created work?
Never forget Blizzards attempt to get people to stop making Overwatch r34
Some creator are really iffy about fanarts and fanfic too.So what are your feelings on fanart, fanfiction, fan games, or any sort of fan created work?
As always with these arguments, people are not aware that trademark holders in the United States are legally required to pursue takedowns against unauthorized use of their trademarks or they will lose them.
What is this true?As always with these arguments, people are not aware that trademark holders in the United States are legally required to pursue takedowns against unauthorized use of their trademarks or they will lose them.
I mean, it's not as if other large developers have set a precedent for handling fan content with respect for fans.
*Sonic Mania coughs silently in the corner*
As always with these arguments, people are not aware that trademark holders in the United States are legally required to pursue takedowns against unauthorized use of their trademarks or they will lose them.
Not every creator is yoko taro or Bethesda sadly.
Show me the law/legislation that states this. This always gets brought up but it makes no sense when you think about. How can companies show fan art without losing their trademark.As always with these arguments, people are not aware that trademark holders in the United States are legally required to pursue takedowns against unauthorized use of their trademarks or they will lose them.
Except for some people in the internet, no one cares for fangames being taken down. It's not like what Nintendo does actually change something for them regarding sales.
And Sonic Mania is made by a indie developer and produced/published by Sega. Way different than a fangame so it's not a good example.
So what are your feelings on fanart, fanfiction, fan games, or any sort of fan created work?
You're confusing trademark with copyright, and no, you don't "lose" copyright ownership if you don't defend it: https://www.plagiarismtoday.com/sto...ism/your-copyrights-online/3-copyright-myths/As always with these arguments, people are not aware that trademark holders in the United States are legally required to pursue takedowns against unauthorized use of their trademarks or they will lose them.
If You Don't Protect Your Copyright, You Lose It
Copyright is not like trademark. Copyright has a set period of time for which it is valid and, unless you take some kind of action, you do not give up those rights.
To be fair, the level of enforcement or protection you've provided a work can be a factor in how much damages are awarded. For example, if a photo you took has been circulating widely for years with no action and you sue one user of the work, that would mitigate the market value of the work, the damage the infringement could have done and how the court feels about the infringement itself. All of these things can affect the final judgment.
However, unlike trademarks, which do have to be defended, there is nothing the precludes you from enforcing your copyrights at a later date.
Show me the law/legislation that states this. This always gets brought up but it makes no sense when you think about. How can companies show fan art without losing their trademark.
I'm sure it's grounded in something but I believe it's heavily misrepresented.
Didn't the Sonic Mania team start as people doing fan games that were eventually hired by SEGA? I'm pretty sure that's what there referring too.
You're confusing trademark with copyright, and no, you don't "lose" copyright ownership if you don't defend it: https://www.plagiarismtoday.com/sto...ism/your-copyrights-online/3-copyright-myths/
And trademark has to do with logos and symbols. Like how AM2R didn't actually say Metroid in the title. That's not a trademark violation.You're the one confused. Your very link states that Trademark needs to be defended which is what she said.
No court in the planet would say that am2r isn't a metroid fan game.And trademark has to do with logos and symbols. Like how AM2R didn't actually say Metroid in the title. That's not a trademark violation.
Of course. Because it's a COPYRIGHT violation, not a trademark one.No court in the planet would say that am2r isn't a metroid fan game.
https://en.wikipedia.org/wiki/Generic_trademark
https://en.wikipedia.org/wiki/Trademark_dilution
Fanart and fanfiction is in a very complicated legal grey area, but it's generally agreed that companies don't pursue them because they're "transformative," i.e. they take the existing IP and put a spin on it. My drawing of Pikachu is going to be different than the official artwork of Pikachu; as long as I'm not selling it, Nintendo probably won't care. But something like Pokemon Essentials and various Pokemon fangames are using actual assets ripped straight from the official Pokemon games, actual trademarked Pokemon sprites, characters, locations, and other IP, and putting them into a role-playing game that closely resembles the actual licensed Pokemon games. It's easy to argue in court that these games would directly compete with and dilute the official Pokemon brand.
If anything, it just makes them look less confident in their own products if they think a fan game made by a bunch of teenagers is going to cannibalize the sales of their mass-marketed juggernaut. Ironically it also pushes some creators to pursue their own indie projects that avoid using the Nintendo IP, selling them for profit in a way that's much more likely to compete financially. I really hope the game that was once-Mother 4 is commercial and does extremely well for itself to prove how dumb these moves are.
Freedom Planet began development as a Sonic the Hedgehog fangame, but DiDuro lost interest in creating a derivative work and reconceived the project as his own intellectual property. He visited the website DeviantArt to recruit artist Ziyo Ling, who replaced the existing cast of characters with her own. Lilac, originally a hedgehog, became a dragon; antagonist Doctor Eggman was replaced by Brevon; and the Sonic series' ring-based healthsystem was abandoned. Further changes were suggested by fans and incorporated throughout development. Freedom Planet was developed in Denmark and the United States and its art direction has East Asian influences: its background visuals were inspired by medieval Chinese art, and the game's title is written in katakana.
"Freedom Planet originally began as a direct homage to Sonic. ... As work on the game continued, I felt more and more like it was becoming a waste of time because I was ultimately creaing [sic] something in the shadow of an established franchise and that it would never truly be my own work. So, I set out to try and design a main character that would pay homage to my main source of inspiration while still being unique enough to stand out on her own."
—Stephen DiDuro[6]
It bothers me that this makes it sound like the main thing about this kit was the assets that came with it. Tilesets, music and sprites are not a big thing to lose, those things exist a million times on the web and can always be recollected, even if it's a little inconvenient. The true loss of this kit is the Pokémon catching, training and battling system that was implemented, the one thing most people would have struggled with to get up and running in any decent form at all. Those crucial gameplay mechanics are essential for a PKMN fangame and the hardest to achieve and while I get that Nintendo and TPC want to protect their work and the mechanics they invented for their games, they are also destroying literally dozens or hundreds of manhours of work that went into this project in order to mimic them. To even take down the wiki, documentation and such seems very excessive and makes me wonder if they will eventually go after other wikis that detail how the battle mechanics and calculations in PKMN games work. I think this is kinda worrying, especially for the competetive scene.Pokémon Essentials provides full tilesets, maps, music, and sprites that players can drag and drop onto a canvas. All the classic mechanics necessary to collect and battle Pokémon come packed-in, too.
Taking down a wiki which I presume had links, guides, updates, tutorials and whatnot seems exactly like something they should be able to take down if their rights are violated.Uh, them being able to take down a fucking Wiki is legit terrifying and absolutely NOT something that they should be able to do.
Taking down a wiki which I presume had links, guides, updates, tutorials and whatnot seems exactly like something they should be able to take down if their rights are violated.