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'Nobody likes to sue fans', says former Pokémon Company top lawyer

Draugoth

Gold Member
mario_dmca.jpg
Don McGowan, who previously worked as the main lawyer for The Pokémon Company, commented that "nobody likes to sue fans", and they only try to bring down projects when they are receiving funding.

LP: Before we wrap up, as a games journalist who has covered the scene extensively, this is something I've always wondered and have never got the chance to ask: how does The Pokémon Company handle Cease & Desist letters with regards to fan projects? How did you find them, and where did you draw the line on what's allowed and what the company thinks needs to be shut down?

DM: Short answer: thanks to you folks. I would be sitting in my office minding my own business when someone from the company would send me a link to a news article, or I would stumble across it myself. I teach Entertainment Law at the University of Washington and say this to my students: the worst thing on earth is when your "fan" project gets press, because now I know about you.

LP: Oh. Oh no.

DM: But that's not the end of the equation. You don't send a takedown right away. You wait to see if they get funded (for a Kickstarter or similar); if they get funded then that's when you engage. No one likes suing fans.
Source
 
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Magic Carpet

Gold Member
I picture this kid sitting at a table with his markers and a line of people waiting for him to draw them a Switch.
 

SaintALia

Member
I mean, he's right, they don't.

Lawyers are pretty expensive, and as cases move forward, that price ramps up.

I also don't think people realise the breadth of Nintendo fan projects that they think Nintendo are 'sue happy'. Nintendo barely touches even a fraction of fan projects that are based on their IP. Hell, even if you ignore any 'Good Guy Nintendo' stuff, it would be mind-boggling to mount that many lawsuits across multiple countries. The most you usually get from Nintendo is a DMCA notice or C&D. Actual Lawsuits are pretty rare.

Still though, people still need to STFU about certain fan projects that they're doing. Seen so many people reach X milestone in their fan project and start asking for money or help or wanting attention and Nintendo just telling them to cut that shit out and getting C&D'ed.
 
companies have to protect their IPs, otherwise people can use the excuse of "well you didn't do anything when this fan project came out". And the big thing is many of these fan projects/mods are asking for money, so companies have no choice but to shut them down.

Also, pretty disingenuous of OP to put in that pic when it's fake.
 

Lokaum D+

Member
companies have to protect their IPs, otherwise people can use the excuse of "well you didn't do anything when this fan project came out". And the big thing is many of these fan projects/mods are asking for money, so companies have no choice but to shut them down.

Also, pretty disingenuous of OP to put in that pic when it's fake.
Yeah Yeah, poor Nintendo

 

Draugoth

Gold Member
companies have to protect their IPs, otherwise people can use the excuse of "well you didn't do anything when this fan project came out". And the big thing is many of these fan projects/mods are asking for money, so companies have no choice but to shut them down.

Also, pretty disingenuous of OP to put in that pic when it's fake.

I changed it, just picked what showed up at google and had to do with the subject
 

ahtlas7

Member
It hurts Nintendo more than you. If you just understood how much pain it causes them. You fans should be ashamed. /s
 
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