Daily Pokémon Fan Game calls out Nintendo

Started by Corviknight April 30th, 2017 2:42 PM
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Pinkie-Dawn

Vampire Waifu

Age 28
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Posted May 16th, 2019
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ADoseofBuckley says is best in regards to the people complaining about Ninteno taking down their fan games. If they really want their fan games to stay up, then they should take the Freedom Planet route by using original characters, since it was originally a Sonic fan game. Heck, even the Mother 4 devs are rebranding their game as a new IP.

Derxwna Kapsyla

Derxwna "The Badman" Kapsyla

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Except that's not as feasible, because that implies the average fan game developer has the time to put into making a completely standalone game, and design completely new concepts. Mother 4 is able to rebrand because they made their game separate from the Earthbound universe enough that they don't need to change everything to accommodate the rebrand.

Rebranding a Pokemon fangame game is not as simple, not by a long shot. Devising enough captureable monsters, creating mechanics to go along with it, unique assets, coding it from the absolute ground up. That's way more work than the average fan game developer wants to partake in- And no, the existence of multiple fakemon hacks and fangames does not prove that fans are dedicated enough to follow up on coding a game from absolute scratch. Besides, when it comes down to it, the reason people make Pokemon Fan Games is because they want to tell a story in the Pokemon universe. They want to make something that pays homage to a fantastic series. I think this thread sums up a lot of the Fan Game Developer mentality rather well.
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FL

Pokémon Island Creator

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Except that's not as feasible, because that implies the average fan game developer has the time to put into making a completely standalone game, and design completely new concepts. Mother 4 is able to rebrand because they made their game separate from the Earthbound universe enough that they don't need to change everything to accommodate the rebrand.

Rebranding a Pokemon fangame game is not as simple, not by a long shot. Devising enough captureable monsters, creating mechanics to go along with it, unique assets, coding it from the absolute ground up. That's way more work than the average fan game developer wants to partake in- And no, the existence of multiple fakemon hacks and fangames does not prove that fans are dedicated enough to follow up on coding a game from absolute scratch. Besides, when it comes down to it, the reason people make Pokemon Fan Games is because they want to tell a story in the Pokemon universe. They want to make something that pays homage to a fantastic series. I think this thread sums up a lot of the Fan Game Developer mentality rather well.
This.

People are too worried about Nintendo. Only few cases, like Pokémon Uranium, Prism, Evoas and Pokémon Fusion Generation had the DCMA problem. There several games with a huge download number that aren't hunted by Nintendo, like Zeta/Omicron. If I remember correctly, this game pair was over a million downloads.

And, there another possibility:
Ignore the cease and desist orders IF you are releasing it for free, making $0 profit, then they cannot prove damages in court. It's not about who holds the copyright, it's about having evidence of damages.

Again, if damage cannot be proved, there is no case. Unless Nintendo of paying, or sucking the judge, ignore the cease and desist, call their bluff. The creator(s) could stand in the courtroom and demand to see evidence of real damages done, not estimates, or hyperbole, without needing a lawyer. I'm sure Nintendo's lawyers are thinking they will never need to step into a courtroom if they put up enough bluster.
If I am caught illegally downloading Band X's new album, that normally cost $9.99, I have done $9.99 in damage to that band.
If I stand on a street corner singing Band X's songs to strangers, without having a "homeless anything helps" style tip jar, I have re appropriated their music, and though I butchering their song with my flat awful signing voice, I have done no financial damage. If some douche films me signing on the street corner singing and posts to facebook live, there is still no financial damage. In fact a judge could find that in that scenario we are actually helping Band X by spreading their brand.
Perhaps the only REAL damage done is to Band X and Nintendo, is creating negative publicity for themselves and their brand by sending out lawyers against their fan(s) and it being published.

Derxwna Kapsyla

Derxwna "The Badman" Kapsyla

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That's still extremely dangerous and risky, because while they may not be able to prove there's damages to their IP, there's still the fact that you'll need to hire a lawyer who can make a presentable case. That's probably pretty expensive, especially since you're making your fangame for free.

If you don't hire or get a lawyer, and choose to self represent, unless you're well versed in law, then Nintendo's lawyers will probably run circles around you and easily make an example of you.

There's a reason why probably nobody has tried to challenge a C&D. It's because, win or lose, it's expensive, and you're more likely to lose and screw yourself further.
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Some time ago I googled Pokemon Evoas, because I was curious about what the game was like. According to the thread where the creator said Evoas was given a C&D, the creator asked why Evoas was being given one while other fangames were allowed to stay up, and the representative told Evoas's creator the process of determining which fangames can stay and which need to be taken down is "strictly confidential".

Based on that wording, it sounds like they're aware there are a lot of fangames out there, but only take action in specific cases. From what I've read about Evoas apparently money was a factor in the game (not sure if it was money to play it or for donations though), and if that's the case that was probably a contributing factor. Uranium and Prism got extremely popular during the months just before and following Sun and Moon's release. I'm not really sure what the situation was around Fusion Generation since that was before my time (I was still able to find a download link to it though).

I could be reading too much into that wording though. It could just mean they know plenty of fangames exist and while they're too busy to go out and look for them, they'll do something if their attention is drawn to one.

countryemo

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It's so unfair that Nintendo would be so hard on people who design fangames for free. They aren't damaging Pokemon, they're trying to make tributes to Pokemon.......
Except its often not for free. Most of the fan-games taken down had either ad monetized websites, or took patreon donations (like Uranium). Fan-games/Rom hacks have been getting bolder by advertising to news publishers, doing long countdowns, website just for the game. Look at the hundreds of rom hacks and fan games on this site no being touched, they're not using ads to make money, or advertising their game through media publications.

Mewtwolover

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People are too worried about Nintendo. Only few cases, like Pokémon Uranium, Prism, Evoas and Pokémon Fusion Generation had the DCMA problem.
And only Pokémon Evoas was lost (the source files are still available), the rest of those are still available.

Except its often not for free. Most of the fan-games taken down had either ad monetized websites, or took patreon donations (like Uranium). Fan-games/Rom hacks have been getting bolder by advertising to news publishers, doing long countdowns, website just for the game. Look at the hundreds of rom hacks and fan games on this site no being touched, they're not using ads to make money, or advertising their game through media publications.
Hit the nail! Monetization and too much publicity is poison for fan games/rom hacks.
Mewtwo X Espeon 4-ever!

Logan

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Nintendo being the ones in the wrong is a myth
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Except its often not for free. Most of the fan-games taken down had either ad monetized websites, or took patreon donations (like Uranium). Fan-games/Rom hacks have been getting bolder by advertising to news publishers, doing long countdowns, website just for the game. Look at the hundreds of rom hacks and fan games on this site no being touched, they're not using ads to make money, or advertising their game through media publications.
That explains it. I didn't know Uranium gained Patreon donations, that must really explain why Uranium got taken down.