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Lunas

Member
Jun 4, 2018
137
86
Unfortunately few devs have the disposable time or income to devote to creating a game with no finances until it is completed.
Then to make any money the dev would have to ask for a huge cash payout from players if the game was released as an entire unit, or cut it into sections and release the game in installments (updates).
However the up side would be the ability for a dev to do a final total release if he runs into an issue.
That is the trick with making a game you know will eventually get flagged. It is not like it is a secret Nintendo vigorously protects its ip. Pokemon uranium and numerous others all got c&d
 

perleflamme

Member
May 7, 2017
355
907
Most of time developper make the same mistake, Using trademark or whatever licensed name, change pokemon name and I'm pretty sure he can be safe there's nothing to change to the design cause at my knowledge nintendo team never drawn pokemon with Dicks/pussies.

If I'm wrong correct me, and I apologize for this useless post .

Love you guys & girls.

edit : and others genders.
 

zetta216

Member
Oct 4, 2018
272
329
Legally speaking as soon as the pokemon have genitals they are no longer nintendo's property. It is something uniquely created by the author. Even using the same name isn't a copyright issue. This is parody and is protected by laws. It is fair use even. The creator is scared for no reason like many other creators have been when a big corporation says stop. But all it takes is one person saying no and standing up for their creation to make nintendo back off. Especially since MANY if not most of these DMCA are being given by third parties pretending to be Nintendo. Sankaku Complex received a similar take down request for Splatoon. They contacted Nintendo directly to say they refused to take anything down, and Nintendo said they didn't even send the order.

I would first contact Nintendo and make sure they sent the DMCA. And if they did I would tell them to go ahead and sue me or shut up. They won't win once it goes to court and they know that. They are just hoping you back off since they are jealous someone else is profiting from your work. Ridiculous.
 

RustyV

Conversation Conqueror
Game Developer
Dec 30, 2017
6,965
33,650
You only have the rights you can afford.
My county passed a grossly unconstitutional smoking ban but you got a minmum of $30,000 to fight it?
Unfortunately for the dev he got fucked because Nintendo could. I feel for the guy and will try to support his next game.
I do hope he uses his "Leaf" character.
 
D

Deleted member 134051

Guest
Guest
Ya know, he could rework it as a Digimon game both as a joke and because of how similar it could stay. I don't think any lawyers are feverishly defending that trademark, either.
 
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RustyV

Conversation Conqueror
Game Developer
Dec 30, 2017
6,965
33,650
IMO after the Nintendo fucking I doubt the dev will touch preexisting material again.
 
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slayerfox

Member
May 19, 2018
125
422
Sucks what happened, loved this game.

Can't wait to see what the dev does next though, can't be too bad, right?
 

Obsidion69

Member
Jun 16, 2018
392
322
Of course they would. They have full teams of lawyers that could tie him up with legal fee's for years until he gives up.

He's not in the same league as Nintendo financially or legally, don't talk wet.
Ya Nintendo would have raped him in court. Yes there are parody and fair use laws which can protect you to a certain degree when mimicking copyrighted content but in this case his downfall is the fact that the representation of the individual pokemon, which are Nintendo property, are too good to be anything but copyright infringement.

Here are some examples of pokemon based parodies that would win in court for comparison:
Con-Quest! Poke-con
Haremon
Oppaimon

For another example of a game that is riding the line or would also lose in court look at:
Pokemon Ecchi Version

There are plenty other examples of games on here that could get rumbled by DMCA C&D orders but fortunately most other companies tend to be more relaxed (read as less asshole-ish) than Nintendo as long as you're not stepping on any official product in the process or trying sell it.

Case in point Something Unlimited. As I recall early in the project like 2 years ago the devs that became Gunsmoke Games got in trouble with WB/DC over the fact they felt the original name "Injustice Unlimited" was too close to the names of their official cartoon/comics "Justice League Unlimited" and/or Mortal Kombat DC clone series "Injustice". It didn't matter that the show had been cancelled for a decade+, the comics run ended almost as long ago, and that the games were entirely different types there was a chance people could confuse the them which WB/DC didn't like especially since they were promoting Injustice 2 around that time. On the flip side WB/DC gave fuck all that they were using the DC characters in the art style of JLU in a porn game because as long as Gunsmoke wasn't trying to actually sell the game (crowd sourcing development funds doesn't count a lot of the time) it wasn't worth wasting their lawyers time because it makes the fans happy and potentially hungry for new official content.

Nintendo on the other hand has repeatedly demonstrated they'll beat people to death over a nickle if they can actually get away with it.
 
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