Reallink
Member
Tickets to a corner Cafe's half baked Pokemon party usually aren't mandatory either. I mean I seriously doubt they had a bouncer punching tickets at the door, or throwing out someone who just wanted to walk in and buy a coffee.
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The Pokémon Company Sues Fan for Copyright Infringement, Demands $4,000 in Damages
- Thread starter Enter the Dragon Punch
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Tickets to a corner Cafe's half baked Pokemon party usually aren't mandatory either. I mean I seriously doubt they had a bouncer punching tickets at the door, or throwing out someone who just wanted to walk in and buy a coffee.
silvermember
Banned
It called protecting IP and preventing others from copying it. If you have an issue tell it to Congress. Charging a high amount prevents others from following in its footsteps.
It is not about money, it is about the message. Which is, don't use our IP without our permission.
It is easy to comment online when you have no stake in the outcome.
Dangansona
Member
I was kind of over their games since they consist of completely bland stories and minimal upgrades to their now yearly franchise, but this settles it for me. Good bye TPC. I miss the N64 era of you.
PensivePen
Member
Is there any instance of a fan-game or event in history being used as an argument to invalidate a company's copyright standing?
Boss Doggie
all my loli wolf companions are so moe
Out of my head there's the Sonic comic series with Penders.
fastballspecial
Member
Fuck this. How about they go after all the bullshit games sold on Apple's store instead of a dude trying to throw a party. Give me a break. This crap can be unreal sometimes.
Newtype-001
Member
They probably need that $4000 to pay a deviant artist for the next set of new pokemom
This is horseshit. Don't know why this has practically become memetic.
And not sure your NFL example is that great. Because there are a shitload of bars/ restaurants that will throw Super Bowl events every year and I'd highly doubt many of them are licensing the name.
As stated many times, it's not his cafe. It's an event that he runs during the convention at a different bar.
So no he's not getting promote for his cafe, nor using it for personal fame. It's just a fun party for Pokemon fans and the tickets we're to help the costs of everything else.
But counter suing for extortion was me exaggerating and not actual legal advice.
Still if anyone cares just forward this news to multiple news sites, send a few emails to Pokemon Company asking to drop all charges. Pokemon really doesn't need any bad press right now, with Go around the corner, and their 20th anniversary it would stink if one slip up from their lawyers can be very diminishing. Not to mention Yokai Watch is airing on Disney XD in a few days, it's just a very bad time for bad press.
Reallink
Member
We've already established TPC was within inches of losing all IP rights to this guy, Congress confirmed it. Their findings point out 1 more raffle ticket to insignificant internet poster would have sunk them for good.
Boss Doggie
all my loli wolf companions are so moe
Now I understand the hate TPCi does and I support it, but posts like this angers me because not only it has a passive-aggressive tone towards Pokemon design, it devalues the work of actual designers.
And to wit, TPCi doesn't make games.
ForsakenLotus
Member
If copyright laws were commonly acted on similar to how TPC handled this, our culture would be vastly different. Sure, IP laws are conflated and in some ways antiquated, but generally there is an amount of common sense that is normally used by company's and judges.
The notion that TPC needs to do this to protect their copyright is just wrong. And I'm really, really saddened to see people just accept that notion.
Seriously, look up some videos on actual copyright laws and you'll understand just how much leeway is given.
Stop defending TPC. Just stop.
Candescence
Member
Of course it was Penders. Why am I not surprised.
Yeah, I don't get how the "protect your copyright or lose it" myth ever gained any real traction, because that's all it is, a myth.
The Artisan
Member
haha, fair enough. i think it's a reasonable prediction that it runs on Ps3 tech but you're right, we'll never be sure unless they reveal what the board is.
uhh, if you mean me personally, I never said anything for or against tpc's actions in this. I was just asking about how, if they would've even wanted to prevent it, why nintendo didn't have the power to do so.
it was kind of a direct question to super stardust. I know it was just a meme but if something like this happened I don't think the person getting sued would have to be fined (by a massive video game corporation) to get scared.
If TPC tried to shut down every Pokémon event that uses copyrighted material in several countries they'd have one hell of a hard time. I've seen plenty of those fan events here in Peru. Sad to read this news, a cease and desist would have sufficed but I guess the number of events through the years counted in the end. Hope the guy makes it just fine.
Boss Doggie
all my loli wolf companions are so moe
And you already got posters making drive-by potshots at the games rather than the actual event. Disgusting. But hey I guess people want that over a proper discussion judging by a couple of posters - they're companies after all.
Yeah. People joke about how it never happens yet they don't look at stuff like at what happened to Sonic Archie. Holy shit that was a mess, and it all happened because Sega was too late to react.
It doesn't excuse what TPCi did today, but it makes a nice view that it could happen.
Yeah I'm kinda curious what board they are using. Maybe they are silent about it because it uses PS3 architecture lol
Yeah. People joke about how it never happens yet they don't look at stuff like at what happened to Sonic Archie. Holy shit that was a mess, and it all happened because Sega was too late to react.
It doesn't excuse what TPCi did today, but it makes a nice view that it could happen.
Yeah I'm kinda curious what board they are using. Maybe they are silent about it because it uses PS3 architecture lol
SanguineShark
Member
TPC needs to be shamed into dropping this BS. I hope it's just an overzealous lawyer on their behalf.
johnsavage
Member
It seems like it's more of a message to copycats and people considering doing the same thing.
Newtype-001
Member
The Artisan
Member
you know what, that could be exactly why they are silent about it lol. but it could also just be a new, and not-important-enough-to-talk-about board that's based more closely on the wii u, although I dunno what the costs for that would be and if it would even be worth it considering if they are using 357/369 which is the Ps3, it's more or less the same amount of raw computing power as the wii u right? so for them from a development/porting perspective, it would make sense.
after all, tekken 7 is running on an arcade board, possibly of near-Ps4 specs but bandai namco & harada didn't find it important enough to tell us about it other than answering a tweet that it's based off of PC tech.
Boss Doggie
all my loli wolf companions are so moe
Yeah they never really mentioned what board T7 is running right?
i knew i should've checked my facts before making a joke.
¯_(ツ_/¯
I know it's a joke but it peeves me especially when it involves design talk :<
Candescence
Member
Well, very different circumstances - a lot of that mess is because Sega is a legal mess of its own and Archie was previously horrendously mismanaged by people who really didn't give a shit about managing the Sonic comic at all, resulting in them actually losing Penders' contract at some point (though it says a lot that Penders jumped ship the moment once the newest editor started actually doing his job). No wonder the judge got utterly sick of the nonsense on both sides of the equation.
Theanine3D
Member
Lots of places online sell unlicensed Pokemon merchandise, fanmade T-shirts, etc and they seem to go unchallenged for years. Blatant profiteering of intellectual property like that can be found with just a quick google search. Yet the Pokemon Company chooses to go after a guy throwing a party. Wow
A company that wastes its resources so pathetically like this deserves no more money from me.
A company that wastes its resources so pathetically like this deserves no more money from me.
The Artisan
Member
right, i'm saying getting sued and c&d' by tpc should be enough to scare this person and send the message to anyone else likeminded. adding a monetary element isn't necessary in getting the point across imo but of course I get why they'd do it.
nope. all we know is that it's based on PC
and, as I understand it, the Ps4 is built with pretty common PC parts?
They went after a T-Shirt guy a few weeks ago.
It would be expensive to go after everyone; the 4,000 is just legal fees. Multiply that by... a lot.
Who knows maybe this is just the start of a huge crackdown on unlicensed usage of the Pokemon IP.
If so that's doing your company more harm as the fanbase is so strong because of the creative freedom within it. This is why My Little Pony: Friendship is magic became a 4chan internet joke that was changed into a huge hit with older fans because Hasbro allowed fans to do their thing.
This just seems like a wrong move, I think this is The Pokemon Company legal division at work and no one else higher up knows about this. If this story breaks out more and there is more of a backlash I'm sure they will stop it real quick and give out a fair statement. It's like what happened with Melee at Evo, it was Nintendo's legal division, not Nintendo themselves.
i say good. dude knew better and sometimes you gotta follow through with your threats otherwise it sets a precedence that they will stop pursuit after the infringement stops. That is not a good precedence to start. I find it weird people are victimizing a business owner who uses someone elses ip. they dont give a shit about 4k but they need to agressively protect their properties.
so in your mind the profits made from a party are somehow less punishable than profits made by merchandise?
so in your mind the profits made from a party are somehow less punishable than profits made by merchandise?
I'm pretty sure they can't go after those games unless they are outright using actual Pokemon or something.
You were giving examples of mascots (Pikachu, Mario, Link) and then you said Metroid... as if... Samus' name was Metroid :lol
flatearthpandas
Member
No kidding.
The Artisan
Member
ohhhhh I see. Yeah, I fucked up lol
Boss Doggie
all my loli wolf companions are so moe
Yep. I guess it wouldn't surprise me at this point if Pokken "can" be ported to the PC.
True enough, still, it has stuff to do with IP mismanagement and lack of care.
Another example that suddenly popped in my mind was Ultraman overseas. Something to do with a company in Thailand holding all of the licensing despite no actual proof. It was weird because Tsubaraya was doing fine before then, but they didn't focus much on their overseas rights.
tkscz
Member
Not related. Though Nintendo owns Pokemon, TPC can make legal claims without their input as it's their job to manage pokemon copyrights and merchandise outside the games.
ForsakenLotus
Member
No, no they do not. IP holders don't need to sue every Joe Schmoe who infringes on their copyrights. I don't know where this notion came from, but it is very troubling.
Copyright laws ARE NOT a way to restrict creative freedom and the exchange of ideas. They are intended to help spread ideas and inventions without hurting the copyright holder.
I mean if you really think it's okay what TPC did, then I really don't think you understand just how incredibly common IP infringement technically is, and how drastically different our culture would be if big corporations were as petty as TPC was here consistently. YouTube wouldn't exist. And that's just the start...
Copyright laws ARE NOT meant as a way for big corporations to do this kind of stuff just because they can. And they absolutely DO NOT "need to" to protect their IP.
There are cosplay parties and fan events for virtually every media franchise out there, just google ANY video games/movie IP accompanied with "fan event" or "fan tournament" & you will find it, complete with tickets as well, I don't remember any getting sued before, how is this any different?
Exactly. There has to be more to it than is being reported.
milkham
Member
what about trademark laws?
Or it's just random which ones get their attention and which ones don't.
vinnygambini
Why are strippers at the U.N. bad when they're great at strip clubs???
He touched Pikachu in the wrong places.
Triggerhappytel
Member
Very true. This is a completely shitty way to treat one of their fans, and I seriously doubt that he was making much profit at $2 per head. I mean, it looks like all he did wrong was print some fliers with a couple of Pokemon on it - and they claim that's enough for $4000 in damages?!
The Artisan
Member
Well, like I said I don't think it's running on the same board as tekken 7's since that one would be more powerful. It's either 369 since Ps3's raw power is roughly the same as the wii u's, or it's an unnamed board like tekken 7's that's based much closer to the wii u.
Difference between can and will. I would be very surprised if so.
What about them? The myth that you have to aggressively sue everyone that infringes on your IP and you lose the trademark or copyright is a myth in regards to both types.
At least in the 90s the games had soul. A modern Pokemon game is just as formulaic as Madden or Call of Duty. Almost zero innovation, and when there's a little bit, it's always half-assed. For starters, the 3DS games aren't even in 3D. Second, the character customization in the game is literally 3 different shirts. Where's the Pokemon follow you feature from HGSS? Fuck you, that's where. Zero streetpass functionality in X & Y, then you get to ORAS and Mega Evolutions. Oh but only like 16 Pokemon have that ability, which practically breaks the game. Why doesn't Pikachu mega evolve? Because TPC doesn't give a fuck what you want. Where's the Pokemon Amiibo? "Fuck your Pokemon Amiibo, and the ones that are out can't use Pokemon sounds."
So the few fans they have left after being fucked with for 15 years want to hold a tournament, and TPC is suing them for FOUR THOUSAND DOLLARS. TPC generates 1.5 BILLION DOLLARS A YEAR. There is NO EXCUSE for this shit. I'm done with Pokemon until the games stop sucking, which if Go is any indicator, won't be any time soon.
Correct me if I'm wrong, but aren't companies basically encouraged to pursue these kinds of cases by the copyright and trademark offices? Like it's not as if they'll lose it, they're just encouraged to do it for some reason.
Either way, $4000 seems like a lot. But it might be pretty standard. I think it would have made more sense just to send a cease and desist letter.
Either way, $4000 seems like a lot. But it might be pretty standard. I think it would have made more sense just to send a cease and desist letter.
If companies were encouraged to do so, 90% of Disney employees would be lawyer suing all the Star Wars fan events.
I can't imagine there being something more that wouldn't warrant being the centerpiece of TPC's case but would also be the reason for the case in the first place.
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