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[Question] Legality

Littleroot

...
32
Posts
11
Years
  • Seen Jul 26, 2015
Hello,

I have an idea to make a pokemon emerald online server, but I want to make sure that it completely legal.
If I will extract the data from the GBA file and not supply it with the download of the client (like PokeMMO), it'll be legal?
Because there are still problems like using the name "Pokemon" and more..
Nintendo shutted down games like this before?

Thank you in advance.
 

PokeXP

PokeXP Community Manager
10
Posts
8
Years
Hello Littleroot
As Game developers we run in to these problems all the time even though you are providing no download you are still using Nintendos IP so no its not legal to some implications,
Example you even use a Pokeball or there Pokemon in your game you are infringing on Nintendos IP Pokemon there for going up against there copyright as they probably wont bother with you using a old title like emerald all we really do is tell you to seek legal advice from lawyers as game devs we have lawyers to try sort things out but if they do end up getting there legal department to look into your game could be a very costly mater.

But as i said using a game like emerald maybe wont matter as it is discontinued.

Regards PokeXP Dev Team
 

Littleroot

...
32
Posts
11
Years
  • Seen Jul 26, 2015
PokeXP said:
Hello Littleroot
As Game developers we run in to these problems all the time even though you are providing no download you are still using Nintendos IP so no its not legal to some implications,
Example you even use a Pokeball or there Pokemon in your game you are infringing on Nintendos IP Pokemon there for going up against there copyright as they probably wont bother with you using a old title like emerald all we really do is tell you to seek legal advice from lawyers as game devs we have lawyers to try sort things out but if they do end up getting there legal department to look into your game could be a very costly mater.

But as i said using a game like emerald maybe wont matter as it is discontinued.

Regards PokeXP Dev Team
Click to expand...

Hello PokeXP,

I don't have anything else to say / ask, you helped me alot!
Thank you for the response.

Littleroot.
 
Last edited:

lolandbeer

91
Posts
14
Years
  • Age 32
  • Seen Sep 5, 2015
In my understanding, nothing that we do here is very legal. Essentials might be the most legal, as it's an emulator and not literally Game Freak's cartridge data.

I have not seen Nintendo/GF ever prosecute anybody, mostly because its not a problem for them and we dont usually make any kind of profit. If anything, we make their brand more famous, when 200k people watch a Lets Play Pokemon -fangame- Version on youtube.
 
TBM_Christopher

TBM_Christopher

Semi-pro Game Dev
448
Posts
14
Years
Worst that will probably happen is that The Powers That Be will send you a Cease and Desist, meaning you'll have to take down your game and that'll be the end of it, assuming you aren't selling their IP for your own gain.

That said, I am not a lawyer, so take my observations with a grain of salt as they stem from 1 semester of an IP law class from DigiPen. While the class dealt specifically with video games, I'm sure there are exceptions and your mileage may vary. :P
 

PokeService

17
Posts
8
Years
  • Age 31
  • Seen Aug 17, 2016
At worst you will recieve a cease and desist. At best they don't care. I've only seen The Pokemon Company go after projects that were monetized though, so I don't think you have anything to worry about.
 
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