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The Pokémon Company Withdraws Settlement Offer in Copyright Lawsuit (this is bad)

Zomba13

Member
Next they will just drop the court case and send a group of people over to the guys home to kick the shit into him and take all his stuff. Probably more efficient.
 
The entire situation is pretty text book.
If you don't protect your IP then you start losing rights to it.
If you let people break NDAs then you loose the ability to have them.
You don't have to like the laws, but they do exist and they are enforced.

Yeah it slipped my mind the law works this way in the US (at least with my pleb knowledge), similar situation to the makers of Candy rush saga ( or w/e the name was) suing the makers of the Banner Saga for having "saga" in its name. They had to do it just to say they did in case somebody tried to outright copy the name later.
 
Yeah but can you not see how the dude has fucked up not only once, but twice now by taking the story to the Internet and throwing more bad PR at TPC?

Like, I know TPC brought the bad PR on themselves by suing him in the first place. But think about it outside of the fanboy light that many in this thread and the last have been looking at it.

1. Dude clearly has infringed on TPC properties.
2. Dude then aired the dirty laundry. TPC withdraws settlement. There may have been an agreement in the settlement - we don't know.

Seriously, fanboys who are severely sore about this need to STFU. Just because they make games, they don't need to bend to the peoples will. They can do what they want. Call it defending - I'm just going by the facts.

Agreed, It goes to show you, that brands are watching what you say on the internet. It's messed up that they were suing the guy in the first place for wanting to throw a themed party (which to me sounded like free advertising for TPC.)

I'm not well versed in law but if TPC feels like the guy has defamed them, isn't it in their rights to sue the guy?

Honestly none of this should have happened in the first place, good luck to the cafe owner, sounds like he has rough times ahead of him.
 
The entire situation is pretty text book.
If you don't protect your IP then you start losing rights to it.
This textbook was bought from the back of a cereal box I assume, cause this is such a gross oversimplification. Their IP was in no danger from this guy's party.
Yeah it slipped my mind the law works this way in the US (at least with my pleb knowledge), similar situation to the makers of Candy rush saga ( or w/e the name was) suing the makers of the Banner Saga for having "saga" in its name. They had to do it just to say they did in case somebody tried to outright copy the name later.
They didn't have to do anything, that was abuse of the law.
 
This was over. Guy got the money, was going to pay the settlement, and that would be that. It was done.

He had the money. They could have just been happy with the settlement - but they chose to exercise their right and escalate it. It's going way too far. They had their $4,000 in their palm.
 

MagiusNecros

Gilgamesh Fan Annoyance
Yes, I understand. But why now take him back to court? Why withdraw the settlement offer? Is going after him after you already sent a message worth it?

That's what I'm struggling with. Let this guy be stupid and open his mouth. It'll make it all go away faster. Hell, it was already over. They're just reopening the wound.

Going to assume if he can crowdfund 4k to pay for the supposed initial settlement deal then they can forego the settlement and take him to court and see how much more they can get out of this guy.

At least that's what my tin foil hat self is saying.
 
The entire situation is pretty text book.
If you don't protect your IP then you start losing rights to it.
If you let people break NDAs then you loose the ability to have them.
You don't have to like the laws, but they do exist and they are enforced.

Yeah, poor guy tho , I bet he cant afford the legal proceedings
 

Justified

Member
Yes, I understand. But why now take him back to court? Why withdraw the settlement offer? Is going after him after you already sent a message worth it?

That's what I'm struggling with. Let this guy be stupid and open his mouth. It'll make it all go away faster. Hell, it was already over. They're just reopening the wound.


umm thats exactly what they are doing
 

Resilient

Member
As I've said multiple times in this thread and the last, TPC is not in the wrong here. They are not doing anything, technically or legally - wrong.

It's just a dick move.

And that's not even close to what I said, but alright.

So what do you want them to do then? Just let this shit continue to happen? Can you not even see ANY of the negative implications that arise by letting anybody use your IP as they choose?
 
And he got the money by going public not too long ago, which is what they seem to have an issue with.

It's a tough situation. Chances are he didn't fully understand what the settlement entailed and the only way he could pay for this is by going the FundMe route, but by being able to get the money he also broke the agreement.
 

Zomba13

Member
He had the money. They could have just been happy with the settlement - but they chose to exercise their right and escalate it. It's going way too far. They had their $4,000 in their palm.

Yeah which kinda shows it wasn't about protecting the IP or the money, it's about fucking with the guy.

They start the suit with a settlement, guy gets the money to pay the settlement, TPC find out and go "nah, no settlement, only court now". If it was just about protecting the IP and showing they are serious then they've done that with the original suit (and the settlement offer).

This just seems petty. If it's because they guy went public with this and raised the money then it's just petty. "waah he hurt our IP by making us look like douches so we're going to be even bigger douches because obviously that won't hurt us any more!".
 

KingBroly

Banned
He had the money. They could have just been happy with the settlement - but they chose to exercise their right and escalate it. It's going way too far. They had their $4,000 in their palm.

We wouldn't have known about this situation if he didn't go public though. He did, causing backlash against TPC, which is why they're withdrawing the settlement offer, and how he clearly doesn't want that to happen.
 

Resilient

Member
How the fuck can you be a small business owner and not have $4,000 in funds on you?

Like, the GoFundMe shit is just beyond dumb. The Internet paid for his mistake.
 
So what do you want them to do then? Just let this shit continue to happen? Can you not even see ANY of the negative implications that arise by letting anybody use your IP as they choose?

That's a huge slippery slope argument. As if just because they chose to take the $4,000 settlement, people around the world would start ravaging the Pokemon IP. That's silly.

We wouldn't have known about this situation if he didn't go public though. He did, causing backlash against TPC, which is why they're withdrawing the settlement offer, and how he clearly doesn't want that to happen.

If he didn't go public, he wouldn't have been able to afford to pay the fees and he would have been fucked over anyways. Besides, news stories don't stay hidden if one party doesn't come out of the woodwork. We would have known regardless.
 
So what do you want them to do then? Just let this shit continue to happen? Can you not even see ANY of the negative implications that arise by letting anybody use your IP as they choose?
I can't see any negative situation occuring from letting a fan throw a party, no.
 

Corpekata

Banned
We wouldn't have known about this situation if he didn't go public though. He did, causing backlash against TPC, which is why they're withdrawing the settlement offer, and how he clearly doesn't want that to happen.

The story has been around since August, and had a huge thread when it happened, and that was far before the settlement offer was out.
 

Zomba13

Member
So what do you want them to do then? Just let this shit continue to happen? Can you not even see ANY of the negative implications that arise by letting anybody use your IP as they choose?

Yeah, like all the damage to the IPs caused by this

-6682d38e-e652-416f-9c2f-af692afb8794.jpg


Also I'm super infringing on The Pokémon Company's rights with the Slowpoke avatar. Where is my lawsuit? The shit I've said on here is probably damaging to the Pokémon brand image. Where is my lawsuit :(
 
This textbook was bought from the back of a cereal box I assume, cause this is such a gross oversimplification. Their IP was in no danger from this guy's party.

They didn't have to do anything, that was abuse of the law.

I see both sides of the argument. I will say it does seem like this happens often enough with everybody else where a cease and desist usually does the trick when they comply. Pokemon Company took it a step further when they asked for monetary compensation, the guy couldn't afford it so he went to the internet which broke the settlement agreement, and now they have to take him to the full extent of the law? Am I getting that right? Could this have been avoided entirely if they had stopped with the cease and desist?
 
So what do you want them to do then? Just let this shit continue to happen? Can you not even see ANY of the negative implications that arise by letting anybody use your IP as they choose?

they can always send cease and desist letters like they have just now.

Heck I wanted to get a pokemon tattoo for a while, should I fear TPC to take me to court for that?
 

Siege.exe

Member
So what do you want them to do then? Just let this shit continue to happen? Can you not even see ANY of the negative implications that arise by letting anybody use your IP as they choose?

You say that as if the guy had a blimp advertising a pokemon themed orgy or something. It was a fucking party at a bar that would've been attended by ~30 people, all of this is extremely excessive.
 
If "you gotta protect your IP or you lose it" was true, Pokémon would be public domain already. That by itself should be an awesome clue that it's a bullshit, made-up idea.
 
I understood the OP but I had to do a double take because I'm surprised they are really going after him now. His was stupid and wrong to go public but the Pokemon company just needed to take the money and go. If he did it AGAIN then they could go after it, because that's just the guy being a moron. Saves them bad PR and protects the IP.
 
How the fuck can you be a small business owner and not have $4,000 in funds on you?

Like, the GoFundMe shit is just beyond dumb. The Internet paid for his mistake.

He owns a business and a home (or apartment) in Seattle. That is incredibly expensive on it's own.

Plus, most people in America probably don't have $4,000 to throw away in a court case. At all.

Are you going to charge people to look at your tattoo?

wew lad

the $2 ticket was to cover Pokemon themed prizes and a DJ
none of it was profit for him
not a single cent
 
Are you going to charge people to look at your tattoo?

Hey did you intentionally claim that "protecting your IP or you lose it is a textbook thing" and not respond to the multiple people who called you out on it?

Also, he charged people to pay for expenses. He was not profiting.
 

Riki

Member
If I weren't fat I could be modeling.
And that tattoo would be blurred out in all pictures and covered at events.
Hey did you intentionally claim that "protecting your IP or you lose it is a textbook thing" and not respond to the multiple people who called you out on it?

Also, he charged people to pay for expenses. He was not profiting.
TPC'S lawyers and the courts seem to disagree. They know a lot more about the law than you or me.
 

Corpekata

Banned
I see both sides of the argument. I will say it does seem like this happens often enough with everybody else where a cease and desist usually does the trick when they comply. Pokemon Company took it a step further when they asked for monetary compensation, the guy couldn't afford it so he went to the internet which broke the settlement agreement, and now they have to take him to the full extent of the law? Am I getting that right? Could this have been avoided entirely if they had stopped with the cease and desist?

They don't have to do anything. The law does not compel them to do anything specific in this case.
 
TPC will now be spending way more than $4000 to get almost nothing (assuming the guy can't pay them) and will receive even more bad pr to boot. Too bad nobody in legal took any game theory classes.
 

vinnygambini

Why are strippers at the U.N. bad when they're great at strip clubs???
Yeah, poor guy tho, I bet he cant afford the legal proceedings

Situation is pretty fucked up.

In Canada (in certain provinces) you can get some legal representation for people of low income, I don't if it's the same in the US though?

The guy should of done some research prior to signing the damn settlement.

Hoping TPC doesn't pursue any further for his sake - both parties are in the wrong.
 

Somnid

Member
Good. No idea what the hell they were thinking with that. Should have sent the cease and desist and been done with it.
 
Is it likely TPC have to do this? this may set a precedent for other people who would sign a settlement in order keep their mouth shut, to start talking shit again like he did in his go fund me page and defeat the purpose of the settlement.

If TPC dont do anything they may fuck it upfor others and if they do something they are painted as a villain.

What would you do in this situation?
 

Mr. RPG

Member
So what do you want them to do then? Just let this shit continue to happen? Can you not even see ANY of the negative implications that arise by letting anybody use your IP as they choose?

I can't stop laughing.

All of this nonsense over some guy's party. It's ridiculous.
 
Is it likely TPC have to do this? this may set a precedent for other people who would sign a settlement in order keep their mouth shut, to start talking shit again like he did in his go fund me page and defeat the purpose of the settlement.

If TPC dont do anything they may fuck it upfor others and if they do something they are painted as a villain.

What would you do in this situation?

Send a cease and desist letter like they should have if they were so concerned
 
FTFY. And given how split up the Pokémon franchise is in terms of ownership, I wouldn't get your hopes up. Plus Nintendo would run the risk of losing Game Freak as the developer of the mainline Pokémon games if they try such a stunt.

they just need a majority of stock and then they practically own it, just get 51% nintendo, pls, thats all you need and then you become the boss.
 
Is it likely TPC have to do this? this may set a precedent for other people who would sign a settlement in order keep their mouth shut, to start talking shit again like he did in his go fund me page and defeat the purpose of the settlement.

If TPC dont do anything they may fuck it upfor others and if they do something they are painted as a villain.

What would you do in this situation?

Not sue a person for a small event thrown for Pokémon fans that takes in money to pay for expenses related to the event.
 

Corpekata

Banned
Is it likely TPC have to do this? this may set a precedent for other people who would sign a settlement in order keep their mouth shut, to start talking shit again like he did in his go fund me page and defeat the purpose of the settlement.

If TPC dont do anything they may fuck it upfor others and if they do something they are painted as a villain.

What would you do in this situation?

The situation you're describing is not reality. This isn't a thing that can happen. Microsoft or Sony or Starbucks or whatever is not going to be affected by whether TPC enforces their settlements.
 

Resilient

Member
That's a huge slippery slope argument. As if just because they chose to take the $4,000 settlement, people around the world would start ravaging the Pokemon IP. That's silly.

If he didn't go public, he wouldn't have been able to afford to pay the fees and he would have been fucked over anyways. Besides, news stories don't stay hidden if one party doesn't come out of the woodwork. We would have known regardless.

I can't see any negative situation occuring from letting a fan throw a party, no.

Yeah, like all the damage to the IPs caused by this

-6682d38e-e652-416f-9c2f-af692afb8794.jpg


Also I'm super infringing on The Pokémon Company's rights with the Slowpoke avatar. Where is my lawsuit? The shit I've said on here is probably damaging to the Pokémon brand image. Where is my lawsuit :(

they can always send cease and desist letters like they have just now.

Heck I wanted to get a pokemon tattoo for a while, should I fear TPC to take me to court for that?

You say that as if the guy had a blimp advertising a pokemon themed orgy or something. It was a fucking party at a bar that would've been attended by ~30 people, all of this is extremely excessive.

It was being held at a bar during PAX. The potential negative implications...they explain themselves. This is something you would understand if you had ever been to a bar.
 
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