Absoltrainer
Active Member
I'll lol myself to bits if Pokebeach gets in trouble because they are accused of associating Pokémon with Poker.
"I see your Charmeleon and raise you a Charizard!"
"I see your Charmeleon and raise you a Charizard!"
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vanderbilt_grad
New Member
You can contact Nintendo directly if you have any concerns about this, though as Pop notes, they will not be able to comment directly.
For what it's worth their web site seems to indicate much more concern about ROMs than images.
For what it's worth their web site seems to indicate much more concern about ROMs than images.
DarthPika
New Member
I really doubt this is a hoax. It made IGN.
http://ds.ign.com/articles/112/1122074p1.html
Serious harm? Really? If anything, it's free advertising.
I never thought I would say this, but Microsoft and Sony is starting to look like better gaming companies than Nintendo.
http://ds.ign.com/articles/112/1122074p1.html
Serious harm? Really? If anything, it's free advertising.
I never thought I would say this, but Microsoft and Sony is starting to look like better gaming companies than Nintendo.
baby mario
Front Page Article Editor<br><a href="http://pokeg
IGN are just reporting the story. They admit they haven't checked it out so it doesn't make a hoax less likely.
They DO make a good point about the ROM thing. Pokebeach was basically flaunting the fact that they all had ROMS on its front page.
They DO make a good point about the ROM thing. Pokebeach was basically flaunting the fact that they all had ROMS on its front page.
Nintendo has every right to file this.
Hacking a ROM to get sprites instead of covering news released officially is probably what set Nintendo off. They've obviously never had an issue with magazine scans because they've officially released the information themselves.
Pirating has always been an issue and to be honest I'm glad Nintendo is taking the steps to help prevent it...even if they aren't the right steps.
They should be going after people who stream the anime and provide ROMS, not fansites providing news. If they can even put a dent in the roms mayhaps that would help them stop pirating. (Not. Obviously. Pirates will be pirates and ROM's will just surface in other areas. Hell, I'm pretty sure it was somebody on /vp/ who had cracked the anti-piracy unless they just copied somebody else who had done it before.)
There's really nothing they can do to prevent piracy of their games,
If the game is good people are more likely to buy it. Black and White are obvious with this. They're selling like hotcakes and the merchandise is also selling like hotcakes.
The game is amazing. I know several people who have played the ROM who are actually going to buy it just because they liked the plot so much and want to actually read it.
Also: Yes I'm being a huge hypocrite for obvious reasons.
Hacking a ROM to get sprites instead of covering news released officially is probably what set Nintendo off. They've obviously never had an issue with magazine scans because they've officially released the information themselves.
Pirating has always been an issue and to be honest I'm glad Nintendo is taking the steps to help prevent it...even if they aren't the right steps.
They should be going after people who stream the anime and provide ROMS, not fansites providing news. If they can even put a dent in the roms mayhaps that would help them stop pirating. (Not. Obviously. Pirates will be pirates and ROM's will just surface in other areas. Hell, I'm pretty sure it was somebody on /vp/ who had cracked the anti-piracy unless they just copied somebody else who had done it before.)
There's really nothing they can do to prevent piracy of their games,
If the game is good people are more likely to buy it. Black and White are obvious with this. They're selling like hotcakes and the merchandise is also selling like hotcakes.
The game is amazing. I know several people who have played the ROM who are actually going to buy it just because they liked the plot so much and want to actually read it.
Also: Yes I'm being a huge hypocrite for obvious reasons.
Water Pokemon Master
<a href="http://pokegym.net/gallery/browseimages.p
Here's the thing though: I never once posted a photo from the ROM. The photos that I and Serebii had up were from Japanese forum 2ch - from Japanese players who had their games in-hand, took photos of their gameplay, and shared it with the public. The lawyer who spoke to me on the phone never once mentioned ROMs because it was not the issue. He just said Nintendo didn't want all of these B/W images up - these collection of images - because (I assume) they want to protect people from being spoiled, which is ridiculous since the games had been released. Everyone keeps flaunting this ROM issue but it has no place in this story. Yes, myself and every other person reporting on the games uses the ROM until our copies arrive, but that's just for story coverage, and we've of course already bought the game, and the ROM was released after the game came out. So even if it was about the ROM, no one would really argue that we're doing anything too egregious. But again, this has nothing to do with the ROM, it has to do with photos that were posted from legitimate copies of the game. Nintendo, for some odd reason, does not want its major fan sites posting photos from the game, a standard practice across the gaming industry.
Water Pokemon Master
<a href="http://pokegym.net/gallery/browseimages.p
This is EXACTLY the issue. Now we all have to worry about getting C&D orders over anything at any time. In this case, they tell you that if they don't like something you have on your site, they'll have your domain name taken away. Nintendo sure appreciates its fan sites! Not that TPCi hasn't done things similar like this to me already...
AyameHikaru
Active Member
^I think there's a difference there. I can appreciate TPCi not wanting images of cards that haven't been officially released yet being shown. Personally I don't mind it too much. It's fun to know going into a PR, for example, what I can expect to pull.
Something to consider: I talked to one woman in power, and she commented that she got mad sometimes because you got info before she did. Things like Onix/Lucky Egg's errata a few months back, for example, were on Pokerbeach before the notice was given on an 'official' site. Since that was the night before the PR, she had to track down someone to confirm what was on your site so she could know how to rule Onix at the PR. Of course you were correct, but her source wasn't fast enough to compete with you.
Anyway, I think TPCi has more of a basis because that stuff WILL come through official sources, it will just take some time. I doubt Nintendo plans on releasing that many screenshots, and even if they did plan on it.... *ahem*
THEY ARE IGNORING FAIR USE. FAN SITES CAN USE IMAGES.
"Section 107 contains a list of the various purposes for which the reproduction of a particular work may be considered fair, such as criticism, comment, news reporting, teaching, scholarship, and research. Section 107 also sets out four factors to be considered in determining whether or not a particular use is fair:
1. The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes
2. The nature of the copyrighted work
3. The amount and substantiality of the portion used in relation to the copyrighted work as a whole
4. The effect of the use upon the potential market for, or value of, the copyrighted work"
Bolded for emphasis. As far as the points go:
1. Nonprofit educational sounds about right to me.
2. Ambiguous, but the 'nature' of a video game is to be played. You were showing it being played. So you're keeping with the nature.
3. This is the crux. Sure, you had a lot of pics/footage. They COULD have asked you to cut down. But asking you to remove ALL of them is against this right here. Fair use states that you can use a portion.
4. Free publicity, that's definitely bad for the potential market. You posting paragraphs of OMG THIS GAME IS AWESOME will of course make people less likely to buy the game. :/
/end rant
Something to consider: I talked to one woman in power, and she commented that she got mad sometimes because you got info before she did. Things like Onix/Lucky Egg's errata a few months back, for example, were on Pokerbeach before the notice was given on an 'official' site. Since that was the night before the PR, she had to track down someone to confirm what was on your site so she could know how to rule Onix at the PR. Of course you were correct, but her source wasn't fast enough to compete with you.
Anyway, I think TPCi has more of a basis because that stuff WILL come through official sources, it will just take some time. I doubt Nintendo plans on releasing that many screenshots, and even if they did plan on it.... *ahem*
THEY ARE IGNORING FAIR USE. FAN SITES CAN USE IMAGES.
"Section 107 contains a list of the various purposes for which the reproduction of a particular work may be considered fair, such as criticism, comment, news reporting, teaching, scholarship, and research. Section 107 also sets out four factors to be considered in determining whether or not a particular use is fair:
1. The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes
2. The nature of the copyrighted work
3. The amount and substantiality of the portion used in relation to the copyrighted work as a whole
4. The effect of the use upon the potential market for, or value of, the copyrighted work"
Bolded for emphasis. As far as the points go:
1. Nonprofit educational sounds about right to me.
2. Ambiguous, but the 'nature' of a video game is to be played. You were showing it being played. So you're keeping with the nature.
3. This is the crux. Sure, you had a lot of pics/footage. They COULD have asked you to cut down. But asking you to remove ALL of them is against this right here. Fair use states that you can use a portion.
4. Free publicity, that's definitely bad for the potential market. You posting paragraphs of OMG THIS GAME IS AWESOME will of course make people less likely to buy the game. :/
/end rant
Zarmakuizz
New Member
Source ? When quoting something, source is needed, or it is plagiarism. Even where the source is easy to find.
Depending on if you think that downloading illegally = pirating = World War III = evil (see above), this is totally false. However it is not so easily to have your conclusion, since only the lawyers interpretation does matter when you are sued.
1) It could be considered commercial if you have some ads on your site. A Creative Commons licence with Noncommercial clauses disallow any commercial use, this include a website with ads on it (definition of Noncommercial for CC licences). However all the pokéweb never minds.
2) The work here is a screen of a game that was illegally downloaded. It can be said that the nature is irrelevant.
3) The message did not asked to remove every Pokémon contents, be hopeful to being able to see a Ditto : all was not asked to be removed.
4) Showing that ROM, especially when you downloaded illegally, are useful. If you think that Water Pokémon Master has a boat and is stealing Nintendo's boats full of games and money, then you think that the effect of the use of such a screen is irrelevant.
A definition comes also with many interpretations, and the one writing a definition (or the lawyer's army winning much money than the others) can dominate. We are not in a Pokémon world with a socialist society.
Still I think that this NoA's lawyer is a fake.
Which is what gets me nervous.
Would our Researching Tower fall into the same "amount and substantiality" problem?
We have virtually every US card scanned and presented in that feature.
bullados
<a href="http://pokegym.net/forums/showthread.php?
You and every other Pokemon TCG fansite out there, Pop...
Water Pokemon Master
<a href="http://pokegym.net/gallery/browseimages.p
Cards are for collecting / adding to your collection and for battling with. An online scan doesn't infringe upon the collecting part or the battling part (when programs like Redshark don't include the images). That's why I don't think companies really care about scans, which is why almost every major TCG site across any franchise has images and text of all the cards.
Potentially. Has Pokegym never discussed this with TPCi?
Given that I am wanting to do something similar with the catalogues (in my signature if you don't know what I'm talking about), is this a conversation I need to be having with TPCi?
No! You don't!
If you have that conversation, they will be forced to tell you then and there to not do it!
Never, ever, ask.
Never ever ever ever ever ever ever ever ever ever ever!!!!
And by that, I mean, "Noooooooooooooooooooooo!!!!!!"
And by that, I mean, "Noooooooooooooooooooooo!!!!!!"
Zarmakuizz
New Member
It all depends on why is this ad here :
And what does it imply. If there is a contract with what is now TCPi, maybe it includes something like : Pokegym will not be sued for having scans of cards.
And what does it imply. If there is a contract with what is now TCPi, maybe it includes something like : Pokegym will not be sued for having scans of cards.
AyameHikaru
Active Member
Source ? When quoting something, source is needed, or it is plagiarism. Even where the source is easy to find.
Depending on if you think that downloading illegally = pirating = World War III = evil (see above), this is totally false. However it is not so easily to have your conclusion, since only the lawyers interpretation does matter when you are sued.
1) It could be considered commercial if you have some ads on your site. A Creative Commons licence with Noncommercial clauses disallow any commercial use, this include a website with ads on it (definition of Noncommercial for CC licences). However all the pokéweb never minds.
2) The work here is a screen of a game that was illegally downloaded. It can be said that the nature is irrelevant.
3) The message did not asked to remove every Pokémon contents, be hopeful to being able to see a Ditto : all was not asked to be removed.
4) Showing that ROM, especially when you downloaded illegally, are useful. If you think that Water Pokémon Master has a boat and is stealing Nintendo's boats full of games and money, then you think that the effect of the use of such a screen is irrelevant.
A definition comes also with many interpretations, and the one writing a definition (or the lawyer's army winning much money than the others) can dominate. We are not in a Pokémon world with a socialist society.
Still I think that this NoA's lawyer is a fake.
My bad on not quoting the source. http://www.copyright.gov/fls/fl102.html
I didn't think of ads as a source of income. :/ That seems... unfair. XD To use a legally insignificant term.
Regarding that the lawyer's interpretation is the only one that matters - Not really. Don't suings go to a judge? In that case, it's really what the judge thinks. Let's hope he's a fan of Serebii/WPM.
According to WPM, he was asked to take down every single image relating to the new games. That's what I meant by 'all'.
Response to bolded: Except that WPM has stated that NONE of his images came from illegal games - They all came from legally obtained games.
I'm with 'Pop on this. If they've gone this far, how long before people can't see pictures of old cards? Or even new cards? Does that spoil the surprise of the set for the newer cards? Is it seriously worth cracking down on fansites when it gets you bad publicity?
It all depends on why is this ad here :
And what does it imply. If there is a contract with what is now TCPi, maybe it includes something like : Pokegym will not be sued for having scans of cards.
It implies nothing.
starlighteevee
New Member
I'm getting concerned on this too. I used to run a fan site myself (and was planning on starting it back up) but I don't want to be hit with a "do this or be sued" note either. I really think this is either one big joke (fyi, not funny... -,-) or that someone has gone way over board. =/ Let's all hope it's the first of the two options.
Why one earth would they want to hit all the fansites though.. It doens't make sence to me. In my mind seeing all the comments like "this game is awesome" or "best pokemon game ever" can only help their sales. Right?
I really think this is either one big joke (fyi, not funny... -,-) or that someone has gone way over board. =/ Let's all hope it's the first of the two options. Why one earth would they want to hit all the fansites though.. It doens't make sence to me. In my mind seeing all the comments like "this game is awesome" or "best pokemon game ever" can only help their sales. Right?
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