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The Pokémon Company Sues Fan for Copyright Infringement, Demands $4,000 in Damages

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Because clearly wikipedia is right.

Hint: GAF has a better answer than anything wikipedia has.

Fuck, Wikipedia can't even get the staff credits right in certain Pokemon franchise entries.

Let me remind you that Google always shows up Bulbapedia as the first result in Pokemon related shit.

Maybe you should check the sources when someone posts factual information. A legal boilerplate, what looks like a business boilerplate, and a broken link is not very encouraging.

Regardless, ownership doesn't have to be 100% or even technically 51% to be in control, or even responsible in part. It is possible to hold a controlling interest in a company even if you have less than 50% of the stock.
 

Northeastmonk

Gold Member
They were making money for being a fan with other fans.

There's that side of the entertainment industry where you don't mess with copyright at all. My 3D professor in 2006 taught me that. He was big into doing work for NASA and movie companies. It was sorta a staple to his lectures.

That was copying material and calling it your own, but making money on something that isn't yours is about the same thing. It's an ugly word if you ask me. I would have thought something like this would have gone unnoticed, but some of these people are pretty well known.

If you're doing this in a small state then you might not hear any feedback. If you take this to a convention that is widely known or in a town with a large population then chances are the guys at the top are going to find out.

I do feel bad in a way, but I'm not that sympathetic since they were taking money for using Nintendo's property. They sorta seal the deal with the whole (C) deal on any work and there's nothing you can do about it. They have the right to sue.
 
Sometimes I genuinely worry that Pokemon will not be in Smash Bros. Or at least the poke ball items, or at the very least they might do something like not allow Jigglypuff or be so restrictive that Sakurai or whoever is in charge of Smash Bros decides not to use Pokemon altogether.

Am I being way too silly?
 

dity

Member
If companies were encouraged to do so, 90% of Disney employees would be lawyer suing all the Star Wars fan events.

Depends. Most of those fan events don't really advertise with official artwork and stuff. Plus Disney seems to actively support that sector anyway, even if they did get rid of all the books and games and stuff from canon.
 

JoeM86

Member
Sometimes I genuinely worry that Pokemon will not be in Smash Bros. Or at least the poke ball items, or at the very least they might do something like not allow Jigglypuff or be so restrictive that Sakurai or whoever is in charge of Smash Bros decides not to use Pokemon altogether.

Am I being way too silly?

You are.

For one, this is a decision by The Pokémon Company International, a different branch to The Pokémon Company.

Secondly, The Pokémon Company is not opposed to things being in other games. They just want the franchise to get proper and true representation.
They're not just going to "drop" Smash Bros. Some of the overreactions to TPC's decisions about other games are silly. They don't just block the use, I mean hell Pokémon just was added to Collectible Badge Center. Just because they're not in Yoshi's Woolly World doesn't mean TPC doesn't want Pokémon in other games.
 

Northeastmonk

Gold Member
Sometimes I genuinely worry that Pokemon will not be in Smash Bros. Or at least the poke ball items, or at the very least they might do something like not allow Jigglypuff or be so restrictive that Sakurai or whoever is in charge of Smash Bros decides not to use Pokemon altogether.

Am I being way too silly?

I think Smash and Pokemon go together like Mario and Luigi. If Pokemon didn't make millions on each pokemon fighting one another then I'd might worry about it.

That's about where I put Nintendo. I think Nintendo is fine as long as it stays in their circle and they aren't interfered by anyone else. I'd say that's most of the big guys in the industry. Cross their legal rights and it's another story.
 

jax

Banned
Sometimes I genuinely worry that Pokemon will not be in Smash Bros. Or at least the poke ball items, or at the very least they might do something like not allow Jigglypuff or be so restrictive that Sakurai or whoever is in charge of Smash Bros decides not to use Pokemon altogether.

Am I being way too silly?
I wouldn't be surprised if they continued to distance themselves from Nintendo.
 

JoeM86

Member
Wait, wasn't the hubbub about Mario Maker or is there something going on with Woolly World too?

No, the hubub was about there not being amiibo costumes in Yoshi's Woolly World. It was to the point people were convinced they wouldn't be in Mario Maker.
 

jax

Banned
"Continued"? There's no evidence of them doing that. People are blowing the Yoshi's Woolly World amiibo use out of proportion.
Oh come on, Shuffle and Go are just the beginning. Once TPC sees the money rake in it'll be more like nintendwho?

No, the hubub was about there not being amiibo costumes in Yoshi's Woolly World. It was to the point people were convinced they wouldn't be in Mario Maker.
Well, technically TPC did mess with Mario Maker too. They didn't allow Nintendo to add Pokemon sounds to the amiibo unlocks. Ridiculous.
 

JoeM86

Member
Oh come on, Shuffle and Go are just the beginning. Once TPC sees the money rake in it'll be more like nintendwho?

Yeah that's not how it works, especially considering Nintendo owns the Pokémon trademarks and Nintendo are also going mobile.

Well, technically TPC did mess with Mario Maker too. They didn't allow Nintendo to add Pokemon sounds to the amiibo unlocks. Ridiculous.

We don't know why there are no sounds. It's illogical to make the absolute statement that they didn't allow Nintendo to add them when we have no evidence to support that assertion. All we know is that there are no Pokémon sounds in Mario Maker.
 

Durden77

Member
How the fuck are they going to do this, but not sue the blatant rip off games on mobile?

I get that it would cost them more and might not even be immediately worth it, but this is a terrible look.
 

vinnygambini

Why are strippers at the U.N. bad when they're great at strip clubs???
TPC is evil.

Never trust a Celebi too - it will time warp you into another dimension, beware.

Side note, TPCI never acts alone - TPC is most certainly involved.

Another side note, people need to stop acting as though there is friction between TPC & Nintendo. Remember, Nintendo & Iwata initiated the conversation for the establishment of TPC - it wanted that entity to act alone and represent the brand moving forward - stop with this nonsense.

Oh, TPC is going after some of those guys too:

http://www.animenewsnetwork.com/int...s-pikajew-smoking-jigglypuff-as-parody/.93294

can't wait for them to raid an artist alley at a con next

OMG

Stahp TPC
 

Takao

Banned
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.

Oh, TPC is going after some of those guys too:

http://www.animenewsnetwork.com/int...s-pikajew-smoking-jigglypuff-as-parody/.93294

can't wait for them to raid an artist alley at a con next
 

JoeM86

Member
Another side note, people need to stop acting as though there is friction between TPC & Nintendo. Remember, Nintendo & Iwata initiated the conversation for the establishment of TPC - it wanted that entity to act alone and represent the brand moving forward.

Also worth noting, for those who say they'll split from Nintendo due to Pokémon GO, Pokémon GO is a project that was in the works by The Pokémon Company's Tsunekazu Ishihara, and Nintendo's Satoru Iwata and was presented by Miyamoto.
DSCF2294__1_.0.jpg
Pokémon GO is as much a Nintendo project as the main games.

There is no friction between The Pokémon Company and Nintendo, they're closer than ever.
 
What is the explanation behind lack of support in yoshi and Mario kart, and the bare bones support in Mario Maker?

The stronger than ever comment sounded a bit like the EA partnership :p
 

JoeM86

Member
What is the explanation behind lack of support in yoshi and Mario kart, and the bare bones support in Mario Maker?

The stronger than ever comment sounded a bit like the EA partnership :p

Difference is, Nintendo owns 32% of The Pokémon Company, part of Creatures Inc. and has a very close relationship with Game Freak.

We don't have an explanation for why there's a "lack" of support, and it's not "barebones" either. Not every costume has its own unique sounds.
 

jax

Banned
Difference is, Nintendo owns 32% of The Pokémon Company, part of Creatures Inc. and has a very close relationship with Game Freak.

We don't have an explanation for why there's a "lack" of support, and it's not "barebones" either. Not every costume has its own unique sounds.
We don't have an explanation for a lot of things.

I wouldn't be surprised if the next 3DS game ships without 3D.
 

vinnygambini

Why are strippers at the U.N. bad when they're great at strip clubs???
What is the explanation behind lack of support in yoshi and Mario kart, and the bare bones support in Mario Maker?

Dey TPC motherfuka - that's the explanation :p

On a more serious note, TPC puzzles me at times, the suing thing & lack of amiibo support is just odd. What's their thinking?
 

Northeastmonk

Gold Member
How the fuck are they going to do this, but not sue the blatant rip off games on mobile?

I get that it would cost them more and might not even be immediately worth it, but this is a terrible look.

There's a history to that with Data East and Capcom.

http://www.patentarcade.com/2005/08/case-capcom-v-data-east-nd-cal-1994-c.html?m=1

There's been a lot of clones over the years and some infringe more than others. Digimon has some similarities if you want to talk about the nitty gritty. Just look at how many people try and copy other games. There's blatant rip offs and then there's making money from something that is the same thing.

In the 70's there were a handful of lawsuits over the technology consoles were using and for the most part that's been settled. I'd say this is taking more money away from Nintendo and using their works than any mobile game is. In my opinion if you have something worth owning then chances are someone will tweak it to make another product.

Another thing to mention are the factories of game cartridge knock offs in the 70's and 80's. They shut those down too. Anymore they probably fight the battle worth fighting, which is what takes away from their own property.
 
Difference is, Nintendo owns 32% of The Pokémon Company, part of Creatures Inc. and has a very close relationship with Game Freak.

We don't have an explanation for why there's a "lack" of support, and it's not "barebones" either. Not every costume has its own unique sounds.

I know not every Amiibo has unique sounds but most do, and after yoshi and Mario kart it doesn't feel like a coincidence that the Pokemon Amiibo have default sounds.
 

JoeM86

Member
Exactly. If they were "closer than ever" why don't the amiibo work, lol.

The Marth amiibo doesn't have a costume in Mario Kart 8, so clearly that means Intelligent Systems and Nintendo are at odds. Especially since Fire Emblem is a bigger series than others with representation like Pikmin, F-Zero and Metroid

They don't have to be used in every game. Sure, there's probably reasons but we don't know it and it's completely irrational and illogical to assume that it's because they're drifting apart.
 

Durden77

Member
There's a history to that with Data East and Capcom.

http://www.patentarcade.com/2005/08/case-capcom-v-data-east-nd-cal-1994-c.html?m=1

There's been a lot of clones over the years and some infringe more than others. Digimon has some similarities if you want to talk about the nitty gritty. Just look at how many people try and copy other games. There's blatant rip offs and then there's making money from something that is the same thing.

In the 70's there were a handful of lawsuits over the technology consoles were using and for the most part that's been settled. I'd say this is taking more money away from Nintendo and using their works than any mobile game is. In my opinion if you have something worth owning then chances are someone will tweak it to make another product.

Another thing to mention are the factories of game cartridge knock offs in the 70's and 80's. They shut those down too. Anymore they probably fight the battle worth fighting, which is what takes away from their own property.

But there are mobile games that just legit use Pokemon in them now. Not just it's concept. Like, you straight up catch Pikachu and Sandshrew and shit. And they're called something like Monster Catcher or whatever. If there wasn't a slew of other clones I would try to find them.
 
The Marth amiibo doesn't have a costume in Mario Kart 8, so clearly that means Intelligent Systems and Nintendo are at odds. Especially since Fire Emblem is a bigger series than others with representation like Pikmin, F-Zero and Metroid

They don't have to be used in every game. Sure, there's probably reasons but we don't know it and it's completely irrational and illogical to assume that it's because they're drifting apart.

Come on now you know it's odd... :(
 

Amalthea

Banned
They were likely pissed because he put more graphical polish into that poster than they do into their mainline games.
 

JoeM86

Member
They were likely pissed because he put more graphical polish into that poster than they do into their mainline games.

Let's not be ridiculous and insulting.

Come on now you know it's odd... :(

It is, but there's certainly a reason that isn't "they're drifting apart". With Yoshi, it's probably something like they couldn't get the skins looking like they represent the Pokémon and so weren't happy with it.
 

Firestorm

Member
Asking him for $4000 sounds like unnecessary and cruel overkill, but shutting it down seemed pretty appropriate seeing as he's throwing a party with booze under the Pokemon name during a week where game companies throw massive parties for their brands. Ya can't do that when it comes to a company as brand-concious as Pokemon.
 
Let's not be ridiculous and insulting.



It is, but there's certainly a reason that isn't "they're drifting apart".

Until TPC or Nintendo say anything else, I'm going to go with "The Pokemon brand is too big and too valuable to be in games like Yoshi's Wooly World and Mario Kart 8, and it will hurt the brand more than it would help it. Mario Maker is an exception because it was a special request by Iwata/Miyamoto/someone higher up".

That's all I can personally think of.
 

Pikma

Banned
Until TPC or Nintendo say anything else, I'm going to go with "The Pokemon brand is too big and too valuable to be in games like Yoshi's Wooly World and Mario Kart 8, and it will hurt the brand more than it would help it. Mario Maker is an exception because it was a special request by Iwata/Miyamoto/someone higher up".

That's all I can personally think of.
This totally fits with what I think of TPC, that they're a bunch of ridiculously arrogant fuckers.
 
Being a 90s kid, (born 89 but I won't pretend to be an 80s kid :p) to me Nintendo = Pokemon first and foremost. That's the brand that was there in the peak of my childhood, and it's been in my life strong as ever (Black/White 2 are my favourite games in the series).

In my eyes when I think of Nintendo I first think of Pokemon, and then Mario, and then Zelda. That's why the Pokemon support in Amiibo games have really confused me. I'm aware that Mario is the mascot of Nintendo and not Pikachu, but only recently has this actually hit me. Pikachu not being in MK8 and Wooly World, the game that has every other Amiibo made me realise that maybe my love for Nintendo and my love for Pokemon are two seperate things, and I shouldn't group them so much so that they are one thing. Hence the thought of maybe one day Pokemon and Smash Bros. falling out.

Nintendo Land was another interesting one. Yeah it was also lacking Kirby, but in my world where Nintendo = Pokemon, surely there would be a Pokemon attraction. Like I said, I always felt it was the biggest mascot to me, and Pokemon not being in "Nintendo" Land was probably the first sign that I should seperate the two "companies" if you will from eachother. The Amiibo simply confirmed it.
 

JoeM86

Member
Until TPC or Nintendo say anything else, I'm going to go with "The Pokemon brand is too big and too valuable to be in games like Yoshi's Wooly World and Mario Kart 8, and it will hurt the brand more than it would help it. Mario Maker is an exception because it was a special request by Iwata/Miyamoto/someone higher up".

That's all I can personally think of.

I'd consider that a possibility if this didn't happen recently

badge.jpg
 

jax

Banned
So it's probably when people outside of Nintendo agree to it for whatever reason. It is a seperate company after all so it makes sense. Just difficult to get used to.
Come to think of it, there hasn't been a mainline Pokemon console game in a very, very long time.
 

JoeM86

Member
Come to think of it, there hasn't been a mainline Pokemon console game in a very, very long time.

Every generation has a year off in it (1997 for Gen 1, 2001 for Gen 2, 2003 & 2005 for Gen 3, 2007 for Gen 4, 2011 for Gen 5, 2015 for Gen 6). This year is the year off, though we have hints of the next game already through new forms of Zygarde that were revealed a couple of weeks ago.

zygardecell.png
zygardecore.png
zygarde10.png
zygardecomplete.png


A game reveal is all but inevitable now.

Edit: Oh, you said console. My bad. There has never been a mainline Pokémon game on consoles. Only spinoffs and side games.
 
I think he might have meant home console and I agree. Wouldn't Nintendo have put a Pokemon RPG on the Wii U by now to help save it? I know the two on GCN didn't set the world on fire but especially considering the Wii didn't get one surely they would have tried again by now..
 

JoeM86

Member
I think he might have meant home console and I agree. Wouldn't Nintendo have put a Pokemon RPG on the Wii U by now to help save it? I know the two on GCN didn't set the world on fire but especially considering the Wii didn't get one surely they would have tried again by now..

No.

Game Freak, the people who decide the games, believe Pokémon is truly a portable franchise. The portable aspect of Pokémon is a large part of why it's so popular.

Going to home console would add nothing but prettier graphics so they don't see it as worthwhile. It's removing a vital aspect of Pokémon for very little benefit.
 
I agree with that. The only way it would work on a console is if you can also take the same version out with you (would be perfect for the NX if that's what it is). Although let's not forget with online gaming now the whole trading locally aspect is losing its magic slowly.

Can't help but feel though if Nintendo had more of a say we would have seen more Pokemon on the Wii U.
 

JoeM86

Member
I agree with that. The only way it would work on a console is if you can also take the same version out with you (would be perfect for the NX if that's what it is). Although let's not forget with online gaming now the whole trading locally aspect is losing its magic slowly.

Can't help but feel though if Nintendo had more of a say we would have seen more Pokemon on the Wii U.

Yeah, but online is also on the portable, so they can have both.
 

Diffense

Member
The terms of the lawsuit look pathetic to me. Nowhere is he trying to imply it's official or is he selling access to Nintendo's copyrighted material. He's just using ticket sales to fund a party for fans of their game.

This comes across like he's being sued for liking Pokemon. Really bad look for the company. Petty and shameful.

That's pretty much how it looks. It's a Pokemon fan party and he wants Pokemon fans to come so obviously he's going to advertise it on facebook etc. He clearly says it's unofficial so he's not trying to represent himself as being affiliated with TPC. I guess it's illegal to throw a Pokemon, or Star Wars or Batman party. Crazy! NO really, insane.
 
Asking him for $4000 sounds like unnecessary and cruel overkill, but shutting it down seemed pretty appropriate seeing as he's throwing a party with booze under the Pokemon name during a week where game companies throw massive parties for their brands. Ya can't do that when it comes to a company as brand-concious as Pokemon.
Agreed - lots of game developers throw parties during PAX using similar posters, and I don't think the "unofficial" in the name is enough to relieve all confusion about it. Holding it in a bar is worse, the Pokemon Company wouldn't want their brand associated with drinking. And charging money for tickets makes it far worse, even if you aren't making a profit you are now using the Pokemon IP in a commercial venture: people are paying money to be in a Pokemon party during PAX. And what if Nintendo wanted to throw a Pokemon-themed party of their own? Then there would be real confusion.

I bet if this was a one-time thing a lawsuit with $4000 settlement wouldn't have been done, but the poster makes it obvious this has been happening for years, they wanted to make sure it was shut down for good.
 
$4000 of damages? I'll show them $4000 of damages *knocks over Pokemon magazine rack*

I'd also like Nintendo to sue the Pokemon $8000 for damages since so many people are name calling Nintendo here.

They probably need that $4000 to improve 3D performance in Pokemon games.
All they needed to do was make the game New 3DS enhanced (like Capcom did for MH and Sakurai for SSB). Custom firmware (currently requires custom firmware which requires system menu 9.2 or less which no brand new New 3DS you can buy has now but it might be possible in the future using homebrew on later firmwares) shows what happens when you unlock the processor cores:
https://www.youtube.com/watch?v=dgT8gRGG104
 

BGBW

Maturity, bitches.
The message that he should be selling mobile games using Pokemon's IP since they seem to do fuck all to those?
Those probably get dealt with behind the scenes and the reason we hear nothing about them is because they don't make a good sob story. Would you print a story about a crappy app maker being sued for copyright infringement, especially if this is the one hundredth time it's happened? This story has the David vs Goliath angle which the press loves.
 
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