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Dr_Mario64

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I recently read on IGN that Pokemon fansites such as cerebii.net are posting videos and screenshots of Pokemon Black and White just as they have done for upcoming games for ages. Where the "uh oh" comes into play is in a nastygram Nintendo sent out to these sites which can be found here. Nintendo claims that such action is a violation of copyright and could cause "substantial damage". Fansites have posted this kind of stuff in the past but this time Nintendo is doing more than just wagging the finger. Any thoughts?
 

Orion

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What's the issue here? Nintendo is doing nothing that goes beyond their rights.
 

quiteMAD

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What's Nintendo's problem? How is what these people are doing bad? Not only is it completely within their rights to post videos of a game that is officially out in Japan, so us who have to wait can wet our pallettes, it's free fucking publicity.
 
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What's Nintendo's problem? How is what these people are doing bad? Not only is it completely within their rights to post videos of a game that is officially out in Japan, so us who have to wait can wet our pallettes,
Actually it isn't. Nintendo owns the game all things pertaining to it, including videos.
 

denizenofevil

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odd... if it wasn't for serebii.net, i wouldn't have been as excited for HGSS as I was... I would think that they'd appreciate having a fansite essentially advertise for them. Maybe they're embarassed by the butt ugly Pokemon coming out this generation. Speaking of which, why didn't they have a problem with the coverage of HGSS when that came out? Well, either way, they're within their rights.
 

Crazy_XIII

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Nintendo have little to no power on this, screenshots and videos would be impossible to take down, mostly due to the fact that the uploader makes no money out of it, only way Nintendo could start playing legal is if a fansite puts up links to a pirate version of the game. There's also the fact that no company can restrict things like screenshots and videos since some will slip under the radar and this is the internet also how would that legal process even work, if you went to disneyland took a photo and uploaded it to facebook, disney can't go oh we own that park therefore we own your photos now remove them.

The letter also sounds fake to be honest but eh, silly Nintendo not even disney has enough money to watchdog the internet what makes 'em think they do.
 
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Nintendo have little to no power on this, screenshots and videos would be impossible to take down, mostly due to the fact that the uploader makes no money out of it, only way Nintendo could start playing legal is if a fansite puts up links to a pirate version of the game. There's also the fact that no company can restrict things like screenshots and videos since some will slip under the radar and this is the internet also how would that legal process even work, if you went to disneyland took a photo and uploaded it to facebook, disney can't go oh we own that park therefore we own your photos now remove them.

The letter also sounds fake to be honest but eh, silly Nintendo not even disney has enough money to watchdog the internet what makes 'em think they do.
They make money off of advertisements on the site. People go to those sites to see those pictures and they click adds. Therefore the images make money. Also, people who put ROMs up don't make money and they are still illegal.
l2law
srsly
 

quiteMAD

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^ And? All serebii has to do is say they do it as a Pokemon dedicated news site (which is the case). Last I checked we still have the right to be journalistic, whether it's for a profit or not.

And again, the game's already been released. There's no point in Nintendo trying to keep anything about it hush hush. It's stupid. They might as well say "You can buy the next Mario game, but you better not show your friends what's in the game or we will sue your ass."
 

Crazy_XIII

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^pretty much what he said.

Seriously this would take ages, there are tons of pokemon fansites, that's not even including the stuff that random people upload from their own personal experience with the game. Legality isn't an issue, never has been on the internet, they simply can't stop the breakout of information, screenshots and videos. Also in legal sense, it would vary from country but Nintendo would only have a claim if they lost sales or this reduces the chances, not to do with fansites making money from their product, if that were true, Khinsider wouldn't even exist. The general idea is that pirated copies cause loss of sales so Nintendo lose money, due to that they have a claim, a site dedicated to providing information about nintendo products does not lose nintendo any money therefore little chance they can get a claim.

It could be possible Nintendo can use their ownership of the game like a patened product, take the screenshots down that way but that would require a lot of money and time, it'll also be difficult as in most countries pokemon screenshots would be classified under public information, if Nintendo had not released the game in Japan then sure they can say it's private and get them down that way, but once you release a product to the public it stays in the public, also again with the fact that if I personally took a photo of the pokemon game or recorded a video of it, there is no possible way Nintendo can stop me, legally that is anyways.

To be fair tho this legal stuff is moot, this is the internet there are no laws on the internet, well ones that cannot be broken >.>
 

Realm Walker

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odd... if it wasn't for serebii.net, i wouldn't have been as excited for HGSS as I was... I would think that they'd appreciate having a fansite essentially advertise for them. Maybe they're embarassed by the butt ugly Pokemon coming out this generation. Speaking of which, why didn't they have a problem with the coverage of HGSS when that came out? Well, either way, they're within their rights.

I ROTFL'd at this. I really did.
 

Eric J.

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No, they got upset at Melkor when he released a fulldex before they even had, and then Serebii released a better fulldex so they all got V&. I'm sure after they get some info out on their sites Serebii and the likes will be able to get pictures up again.
 
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