[Help Wanted] - Pokemon World

Jednou · Post by **Jednou** » Tue Apr 15, 2008 9:17 am

Guys, you probably don't understand that but it's clear. If you make the game from scratch nobody will sue you unless they are crazy and stupid.
I plan to have my own textures and stuff. There will be no rip from their original games.

Monochrome · Post by **Monochrome** » Tue Apr 15, 2008 9:25 am

Jednou wrote:Guys, you probably don't understand that but it's clear. If you make the game from scratch nobody will sue you unless they are crazy and stupid.
I plan to have my own textures and stuff. There will be no rip from their original games.

The situation is not that simple, and even though i still believe you can pull this up without getting sued, you should check nintendo's copyright section first, before rushing into development. One can never be too sure.

Jednou · Post by **Jednou** » Tue Apr 15, 2008 9:36 am

Yea, I am going to check it with my lawyer

FuzzYspo0N · Post by **FuzzYspo0N** » Tue Apr 15, 2008 9:59 am

I plan to have my own textures and stuff. There will be no rip from their original games.

the quote is missing the point, along with the whole thread. its not about the content u make thats illegal its the concept.

if you make the whole game from NEW characters that DONT exist in other pokemon games, and make textures from scratch then its just "like' pokemon. if you make the POKEMON (IE, not your) characters then you are "stealing their ideas" which is the entire point of copyright, trademark etc.

See? its not the textures they copyrighted, its the game. the concept. the characters. you know???

Think about this, a guy robs a store, steals a car and drives away. you see it, and you think "OH! because HE did it that makes it ok!" . makes sense? dont "be that guy" , and also

ANOTHER POKEMON GAME? OMG NO! srsly... there are too many. make your own game ideas. D:

rogerborg · Post by **rogerborg** » Tue Apr 15, 2008 10:35 am

Any competent lawyer will tell you that you are, without any doubt, violating Nintendo's trademarks.

Whether Nintendo choose to protect those marks is entirely at their discretion. The profitability or otherwise of your project is of no relevance. The issues are whether your use of their trademarks dilutes their value to Nintendo. Note that trademarks are use it or lose it. If you do not defend them, then over time, you lose the right to do so.

If your lawyer doesn't tell you that you are at risk - however low the risk may be - then you may want to get a second opinion. Don't pay a lawyer to tell you what you want to hear.

Jednou · Post by **Jednou** » Tue Apr 15, 2008 1:34 pm

I see I am wasting my time in this forum. The official Pokemon forum thinks it's a good idea and even the admins approve the game there so I see no problem. My lawyer said there is a workaround on the copyright. Just for u to know, trademarks are just made on art. Art means textures, models, pics and so on. There is no trademark on any software. If you have studied it at IT school like me then you guys would know that.
There is no official trademark registration in the world for software. There is an automatic trademark applied to all art that is created. Art isn't an idea.
Companies just think they can enforce the trademark but it's not true. The trademark depends on the country's laws if it accepts it. Companies can't just make up the law. If you are so worried, I am sure all trademarks on the world created by a company are valid in US. Not in other countries. If there would be such an issue about the trademark and the fear of being sued, look at China. 90% or maybe more are all breaking the trademark and not being sued. Why? Because trademarks are not valid in their country.

rogerborg · Post by **rogerborg** » Tue Apr 15, 2008 1:47 pm

Don't give up your day job. And yes, I'd like fries with that.

FuzzYspo0N · Post by **FuzzYspo0N** » Tue Apr 15, 2008 1:51 pm

yes stick to IT school for a while, clearly game development is not your thing.

YOURE MAKING ANOTHER POKEMON GAME?

sheesh.

dejai · Post by **dejai** » Tue Apr 15, 2008 2:51 pm

You are breaching copyright law, by making a project that features copy right items or characters from the game trade mark pokemon.

You can find information on how you are breaking the law at:
http://www.copyright.gov/

and specifically at:
http://www.copyright.gov/title17/

Sourced from: http://www.copyright.gov/title17/92chap1.html#102

(a) Copyright protection subsists, in accordance with this title, in original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device. Works of authorship include the following categories:

(1) literary works;

(2) musical works, including any accompanying words;

(3) dramatic works, including any accompanying music;

(4) pantomimes and choreographic works;

(5) pictorial, graphic, and sculptural works;

(6) motion pictures and other audiovisual works;

(7) sound recordings; and

(8) architectural works.

(b) In no case does copyright protection for an original work of authorship extend to any idea, procedure, process, system, method of operation, concept, principle, or discovery, regardless of the form in which it is described, explained, illustrated, or embodied in such work.

Obey Gravity ITS THE LAW!!!

dejai · Post by **dejai** » Tue Apr 15, 2008 2:57 pm

Sorry WHAT!

There is no trademark on any software. If you have studied it at IT school like me then you guys would know that.

Microsoft doesn't think so:
http://www.microsoft.com/about/legal/in ... neral.mspx

The logo of a company that makes software is directly in relation to that game, if you name your game Pokemon Fan Game you are breaking the trademark. If you name a program tetris you are breaking the law. Its illegal, I am not saying you can't do it. Call it Pokeyamum. (Lol)

rogerborg · Post by **rogerborg** » Tue Apr 15, 2008 3:09 pm

I think it's useless; he's apparently in a jurisdiction that doesn't fully respect the Berne Convention - or least that's what he's been told by his "lawyer" (I presume that's the guy flipping the burgers).

As I said: if the goal is to produce a game that sucks, then in practical terms there won't be any problem with ripping off Nintendo's trademarks.

zeno60 · Post by **zeno60** » Tue Apr 15, 2008 3:20 pm

Original Poster wrote:My idea is that...

I stopped reading after that, but good luck with whatever it is. Welcome to the forums by the way!

lostclimategames · Post by **lostclimategames** » Tue Apr 15, 2008 3:36 pm

just calling your game a pokemon game is illegal. its intellectual property and its against the law. Now you can make a game of the same genre, or you could try and make it a fan game, and hope nintendo doesnt sue you (most of the time they wont if your not selling it and it doenst get so big that its negatively affecting their image) but.... it is still illegal.

Dorth · Post by **Dorth** » Tue Apr 15, 2008 5:01 pm

You are misinterpreting terms. A trademark is NOT a copyright.
A defacto copyright is granted to ANY game assets once published. It can be hard to prove it though, so you can go further and REGISTER it. Now, that's exactly the same weight as a copyright in court, but a company will register and search for possible conflict in your name and give you a number, all of this making court procedures WAY easier.

And then you've got trademarks. Pokémon. Nintendo. Mario. Tetris. Those are trademarks. The names, concepts and logos are what is being reserved here. That's what a trademark is about. You ARE breaking nearly EVERY countries laws except some in Africa, 2 in Asia and I think 3 in South America by not respecting those in the 5 years following their latest use by their creators. Which means, you CAN be sued, along with everyone contributing to your idea. Stop taking your "ideas" for facts.