(1) Nintendo Follow-Up [9/21]

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If nintendo has time to talk to a lawyer why do not just take to site masters directly <.< i mean

A)its cheaper
B)that why questions can be asked and hopefully explained
C) would not be seen as the bad guy as much if you give a good reason why

but a las than did not thus making everyone really PO'd
 
If serebii has talked to the laywer and figured out some stuff, Why dont you do the same WMP?
 
It's a legal matter. That's why lawyers are involved.

Plus, do you really think the fans would hate Nintendo any less if they personally asked for removal of pics rather than getting a lawyer to pass the message? In the end the pics would still be gone.
 
@DeathSDelano: Nintendo has a stable of lawyers, it's not like they had to reach to find one. Besides, as far as I can tell, they're starting to tone down the hostility.
 
@WPM - Clearly Nintendo is no longer a reliable source. This lawyer, whoever he is, was obviously instructed to keep everything as vague and subjective as possible to keep the ball in Nintendo's court. When this whole incident began, I sent an email to Nintendo myself asking why they haven't released any public information whatsoever. The reply I got was something along the lines of "Nintendo ca't comment on present or future legal actions. <insert link to vague, unspecific copyright policies here>."
Now I find out they they haven't even given YOU and information. Nintendo is just looking worse and worse in my eyes.
 
@MillionSandwiches: You wouldn't believe how happy it makes me whenever I see a post as level headed as yours are. <3
 
My take on the matter is just be thankful for what Nintendo has done with the Pokemon franchise so far and Nintendo obviously has a good reason for what they've been doing even though it may have upset some fans.

Really it's all a matter of common sense.
 
@Umbee: Thank you. I spend a LOT of time over at the MSPA forums, seems like the mods have rubbed off on me.

I think that the best thing we can do is to ride it out. B&W will still be sweet, and then we can go back to NERDRAGEing over something else.
 
@WPM
I feel really sorry for you
@Card Slinger J
WWWWWHHHHHHHAAAAATTTTT???? They dont have a good reason, and you know it (maybe not) and they definitely dont have common sense




Im not saying Pokemon is now horrible, but yeah...
 
MillionSandwiches said:
I think that the best thing we can do is to ride it out
Click to expand...

It's hard to believe in that with things like this:

dentosmonkey said:
WWWWWHHHHHHHAAAAATTTTT?? They don't have a good reason, and you know it
Click to expand...

...every 10 minutes.

It'll die down eventually. But not now. Not even tomorrow of the day after that.
 
*blush*
http://www.google.com/imgres?imgurl=http://icons.iconator.com/112/ICONATOR_aba26db0af3607073a1f7c289e080dab.png&imgrefurl=http://iconator.com/icon.php%3FIconID%3D1580944&usg=__N6J3uw8OIm0XKeVnyXBCDBkFmc0=&h=48&w=48&sz=1&hl=en&start=0&zoom=1&tbnid=2FEn9KvxENdFgM:&tbnh=48&tbnw=48&prev=/images%3Fq%3Dblushing%2Bsmiley%26hl%3Den%26biw%3D1280%26bih%3D639%26gbv%3D2%26tbs%3Disch:1&itbs=1&iact=hc&vpx=175&vpy=508&dur=342&hovh=48&hovw=48&tx=59&ty=24&ei=Ca6aTJ-TIYTmsQOCvbyGBA&oei=Ca6aTJ-TIYTmsQOCvbyGBA&esq=1&page=1&ndsp=18&ved=1t:429,r:12,s:0
 
WPM, is there any possible way that you could contact a lawyer yourself? I'm sure that a lawyer would be able to help you better understand the situation. Probably not completely clarify it, since everything is so hectic, but a lawyer would do some good.
 
EXACTLY However now that i think about it the sprites were taken from a JAPANESE game. So they are technically copyrighted and therfore publishable. No blood No foul. Just make sure in the post you say "Sprites taken from the japanese pocket monsters black white game" Be all techincal and they are screwed. I win. I could be a lawyer -Crimson Tide
 
@Dentosmonkey - Note that the sprites were leaked before the game officially game out due to early copies. They weren't "published" yet.

I don't want to say Nintendo is wrong in what they did, because they legally might be able to. However, the legal speak makes things more ambiguous than it was when WPM first got the copyright notice.
 
dentosmonkey said:
EXACTLY However now that i think about it the sprites were taken from a JAPANESE game. So they are technically copyrighted and therfore publishable. No blood No foul. Just make sure in the post you say "Sprites taken from the japanese pocket monsters black white game" Be all techincal and they are screwed. I win. I could be a lawyer -Crimson Tide
Click to expand...

From http://www.copyright.gov/fls/fl102.html:
Acknowledging the source of the copyrighted material does not substitute for obtaining permission.
Click to expand...
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Firemaker said:
Note that the sprites were leaked before the game officially game out due to early copies. They weren't "published" yet.
Click to expand...

American copyright law:
§ 107. Limitations on exclusive rights: Fair use
Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include—
(1) the purpose and character of the use, including whether such use is of a 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; and
(4) the effect of the use upon the potential market for or value of the copyrighted work.
The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.
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Pretty much, it has to follow the laws of fair use and just mentioning that the pictures are Nintendo's intellectual property doesn't mean it's legal to post the pictures. As well as that, just because work is unpublished, doesn't make it illegal to reproduce/comment/report on it. Of course, fair use is very subjective, it's just Nintendo is being really uptight about it at the moment. I wrote a few posts on it way back on pages 7,8,9 of this thread if you want to read more.
 
I think WPM handled this in a correct manner,still it looks likke the lawyer does not really know what is happening here and the response he gave was not really clear not because of the language but because it really did not explain anything and made it confusing( i got so confused that for a while anything i read was not coprehensible)
 
XieRH

MillionSandwiches Wrote:
"I think that the best thing we can do is to ride it out"

It's hard to believe in that with things like this:

dentosmonkey Wrote:
"WWWWWHHHHHHHAAAAATTTTT?? They don't have a good reason, and you know it"

...every 10 minutes.

It'll die down eventually. But not now. Not even tomorrow of the day after that.
Click to expand...

I feel the same way. This thread is spiraling out of control with all of the arguing on eitherside. I really like Pokébeach because I liked the community. I felt other places like Smogon and Serebii have a large group of pompous people which make the forums and chat often caustic. This thread makes me feel the same way. I feel like this arguing back and forth would have already got any other thread locked.. and yet this one remains. WPM, you may not like this.. you most likely won't... but since you are so close to this topic... and it's weighing on you so heavily.. your no longer unbiased. You don't have to be, but just know that you may be taking this in a direction you will regret later by allowing such an obvious flame continue for so long.

Once a line is drawn in the sand and the community is split.. is it really still a good community? Opinions are one thing.. some posts border on hate. This goes to all of you. Everyone who has argued fervertly on either side. Is it worth you time to continue this? I'm not posting on this thread anymore. I don't want to be part of a useless argument that isn't going to be resolved by my complaining. Thanks for the update on the situation WPM, and if you need my assistance with anything... although I'm not sure how a paleontologist could help, let me know. Since this is a community if you need help you shouldn't have to feel you have to do everything on your own.
 
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