Pretty sure releasing the game after receiving a C&D would open you up to legal action. Either keep quiet or don't use hundreds of trademarks owned by a company hell bent on protecting them.
Pokemon Prism (Crystal ROM Hack in Development for 8 years) C&D'd by Nintendo
- Thread starter Anth0ny
- Start date
So what you're saying is, "Don't make something good enough for people to talk about it too much."
People are absolutely defending this. Everyone understands Nintendo has a legal right to do this that is entirely independent of whether they should do this.
I'm surprised most people aren't commenting/quoting anything for the document linked in the tweet. It gives detailed reasons on why they're acting specifically on this game and even gives "Ninendo's" position about it.
Just reading the fact he had a website with the description "Official website for Pokemon Brown, Prism and Rijon Adventures" rings alarm bells straight away.
Heck, just using the name is the first thing you should never do.
Just reading the fact he had a website with the description "Official website for Pokemon Brown, Prism and Rijon Adventures" rings alarm bells straight away.
Heck, just using the name is the first thing you should never do.
LambdaTeos
Member
"don't publish on youtube or mainstream media a trailer for a rom hack you created if you don't want it taken down, because you don't have the rights to use that IP legally"
There, that sounds better
You're being dense. I'm saying don't post illegal hacks on mainstream sites thinking we live in some post-copyright law utopia. Thinking you should be immune to the law because it would be fun is wishful thinking
Diprosalic
Banned
They made a trailer on youtube and partnered with "Twitch plays Pokemon" who takes money from subscription and donations.
He had it coming.
He had it coming.
idk, buy them used/pirate lol
I feel bad for him (and still don't understand Nintendo reasoning for going after fan projects) but an "official" website, Facebook page and trailer? And, going by his Twitter account, it seems like people warned him about all that and he didn't listen.
These ROM hackers seem to go about their business as if they're just another indie dev.
I'm unfamiliar with Australian law, anyone know how fair use works over there and if there is any laws specifically tackling providing files that allow "hacking" or user's right to modify?
If the above seems favorable, guy should open a GoFundMe for legal defense and release it anyways.
If the above seems favorable, guy should open a GoFundMe for legal defense and release it anyways.
I'd imagine the burden of proof would fall on TPC, but since the announcement video alone featured their trademarks and a release date, I wouldn't roll the dice on that one.
Funny how this risk only applies to Nintendo properties.
Which is why fans should stop bothering with Nintendo OC. Go make shit based on games from a company that actually wants it.
*Sigh*
I think it painfully clear to just say 'Fuck you' to Nintendo and not touch any fan related productions based on their IP anymore after 2016. How they treated fan productions this year shows that they don't really care if fans love their games; if you touch Nintendo's content and tamper with it, they will chomp off your hand with little regard.
Nintendo has the legal right to do this, but doesn't make it morally right. Whatever, it is hard to care at this point. People shouldn't waste time honoring Nintendo when they could be eating their money anyway.
Look at Axiom Verge and Ghost Song; both capture the spirit of Metroid and Axiom Verge was a huge success this year (Ghost Song still in development). And another great example is Ubisoft with South Park The Stick of Truth. Want a Paper Mario game (but don't mind the South Park humor)? Then get that! It plays very similar to Paper Mario games and is really damn solid as a RPG.
My point is that if Nintendo wants to be pricks to their fans then the fans should say 'Fine, we won't touch your content. But we will be making money off of things you are clearing ignoring.'
Look at how successful other Monster-catching games are. Digimon Cyber Sleuth got a lot of success in 2016 and the Yo-kai Watch Series is really successful in Japan.
Fans shouldn't waste time making something that will only get shut down. Do things that will only help you and if you want to work on a Nintendo-fan project, do so as a 'test' for your own original work. Don't publicly announced or share it with anyone; make it for your self to see what you can do with your own original game.
I normally would say 'Nintendo are pricks for shutting down X and X' but it is pointless at this point. Honestly shocked (and relieved) that the Majora's Mask 'Times End II' album and CGI video didn't get C&D from Nintendo.
I think it painfully clear to just say 'Fuck you' to Nintendo and not touch any fan related productions based on their IP anymore after 2016. How they treated fan productions this year shows that they don't really care if fans love their games; if you touch Nintendo's content and tamper with it, they will chomp off your hand with little regard.
Nintendo has the legal right to do this, but doesn't make it morally right. Whatever, it is hard to care at this point. People shouldn't waste time honoring Nintendo when they could be eating their money anyway.
Look at Axiom Verge and Ghost Song; both capture the spirit of Metroid and Axiom Verge was a huge success this year (Ghost Song still in development). And another great example is Ubisoft with South Park The Stick of Truth. Want a Paper Mario game (but don't mind the South Park humor)? Then get that! It plays very similar to Paper Mario games and is really damn solid as a RPG.
My point is that if Nintendo wants to be pricks to their fans then the fans should say 'Fine, we won't touch your content. But we will be making money off of things you are clearing ignoring.'
Look at how successful other Monster-catching games are. Digimon Cyber Sleuth got a lot of success in 2016 and the Yo-kai Watch Series is really successful in Japan.
Fans shouldn't waste time making something that will only get shut down. Do things that will only help you and if you want to work on a Nintendo-fan project, do so as a 'test' for your own original work. Don't publicly announced or share it with anyone; make it for your self to see what you can do with your own original game.
I normally would say 'Nintendo are pricks for shutting down X and X' but it is pointless at this point. Honestly shocked (and relieved) that the Majora's Mask 'Times End II' album and CGI video didn't get C&D from Nintendo.
Didn't the biggest community of Doom modders just got one recently tho?
Fair use doesn't cover any of this stuff. 95%+ of the arguments you read about fair use online are complete nonsense.
Not true by any count you're being dramatic. So you're advocating for the legalization of hacks and remakes that's OK but that's not reality right now sorry
Coulda spent a million years...
Just stop doing this dumb sh!t(blatantly violating copy rights) where you know there's a risk of all your efforts being shut down. If you insist, then deal with likely results such as this. Just because some allow it, doesn't mean everyone will or even should. If you're obviously this talented, and that passionate about a craft, originality is free of charge and owned by no one! Thankfully, even drawing strong influences from another's work is fair game, if you're careful enough. What else can I really say? Tough luck?
Oh, I nearly forgot my real contribution:
"Fuck Nintendo, yada yada..."
Just stop doing this dumb sh!t(blatantly violating copy rights) where you know there's a risk of all your efforts being shut down. If you insist, then deal with likely results such as this. Just because some allow it, doesn't mean everyone will or even should. If you're obviously this talented, and that passionate about a craft, originality is free of charge and owned by no one! Thankfully, even drawing strong influences from another's work is fair game, if you're careful enough. What else can I really say? Tough luck?
Oh, I nearly forgot my real contribution:
"Fuck Nintendo, yada yada..."
hemo memo
You can't die before your death
Maybe expect Nintendo to approach the team for a deal?
Maybe expect Nintendo to leave them alone because games like this bring more people to the series?
Maybe expect Nintendo to shutdown the project early and not a week before release?
You know a company that appreciate a 8 years of some teams wrok. Maybe I'm asking too much for the company that made a deal with a developer who reversed engineer their system and send them a demo.
Sorry if my post is gibberish but I thought I made a decent augment; work on original stuff you can sell if Nintendo is trigger happy to shut down fan productions.
SEGA lets Sonic fans make original fan productions and openly encourages it. But I know talking about fan productions is kinda pointless. So will shut up regarding this subject matter.
YES
Nintendo fans should stop openly broadcasting their trademark infringement.
There's nothing about being a fan that allows you to use a trademark without permission. If I were to make a fan movie called Star Destroyer 17: A Star Wars Story and put up a trailer on YouTube, you better believe Disney would come knocking.
dickroach
Member
there's nothing illegal about releasing a free fan made patch tho
That's an interesting take when you could just as easily ask if it's morally right to use someone else's IP without permission.
The plaintiff of course.
How does it not cover it? Its the creation of a brand new piece of art, that takes components of existing and original and mashes them together. Sounds exactly like fair use to me. It being non-commercial, significantly original and relatively low impact (unlike AM2R, which could easily be seen as completely eclipsing Nintendo's efforts at selling the original on eShop). Please explain your argument.
Psamtik. Death's Demise
Banned
Sega dropped the hammer on Streets of Rage Remake a few years back.
Clearly fan artists like Oriotto are the scum of the Earth, as well as anyone on GAF with an avatar or username based on a video game property.
Seriously, your position is ludicrous.
This is hardly shocking, and I really doubt Nintendo care about distinctions like fan games, rom hacks, release dates, original assets or whatever. If it gets popular enough it's getting axed so fans should just not bother and put their creative energy into stuff that won't get them in trouble.
The fact that this took 8 years (and AM2R 9) is evidence that these games aren't a huge threat though. Fan games take time and most fans give up on passion projects early on. So allowing these to exist won't result in a steady stream of high quality free games. Sonic actively encourages this shit and most of the noteworthy fan projects are like one or two levels long.
The fact that this took 8 years (and AM2R 9) is evidence that these games aren't a huge threat though. Fan games take time and most fans give up on passion projects early on. So allowing these to exist won't result in a steady stream of high quality free games. Sonic actively encourages this shit and most of the noteworthy fan projects are like one or two levels long.
He's suggesting that the developers of Prism release the game and simply claim it's a build from before the C&D that was used in a closed beta and has been leaked by an unknown third party. The responsibility would be on TPC to prove that wasn't the case.
Who said otherwise?
Nintendo however has the right to press on matters that [they perceive] might damage their brand.
This is not about "rom hacking being illegal" it's about "Brand protection".
It's the same reason why Hulk Hogan won against Gawker, arguing the damage to "Hulk Hogan" the brand, not the person.
I don't like it either, but that's how it works, unfortunately.
Yeah, if it was really good they might come knocking for the Star Wars Fan Film Awards that they run.
Of course I am. Nintendo needs to defend their trademarks and IPs however they see fit. They can't control what other people are putting in their fan-made games with Nintendo's IPs. Imagine an extreme case where you have a protagonist that rapes a Pokemon and suddenly the news gets wind of this and you bet your ass the words "Pokemon" and "rape" will be in headlines with little care or thought to the fact that it is a fan-made game. You defend your IP, it is what it is. Us fans, even the ones making fan-made games do not have millions at stake when fucking around with others' IPs like Nintendo does.
For crying out loud, these people need to use their passion and creative energies to make new IPs, even if it steals mechanics and ideas from existing franchises (those are not protected by copyright/trademark law).
There are plenty of examples of stuff being shut down too. Don't pretend that Nintendo are the only company that aggressively protect their trademark.
To be fair, they have clearly changed course since then.
That said, it's worth considering that Sega is able to turn such a blind eye to fans using their IP now because they don't value their IP nearly as much anymore.
I'm pretty sure Sega values the Sonic IP more than Nintendo values the Metroid IP.
It fucking sucks and I wish Nintendo would stop doing this but also Nintendo has such a history of shutting this stuff down that I feel like if you're making a project like this, you need to just release it when it's done with no fanfare beforehand.
Mother 4 is next, I'm guessing.
Mother 4 is next, I'm guessing.
Its also the fact that they now seem to be treating fan projects as a sort of farm league for new talent (see Christian Whitehead and Sonic Mania), which is probably the best way to do it.
ScientificPizza
Banned
Yeah. I don't understand why you would announce a release date for a project like this. Just announce when it's out and if it gets C&D'd after that it'll still be out there
It's not like AM2R is difficult to find
There is a big difference in creating a homage to the original game and just straight up stealing someone else trademarked IP and making a game and yes it's stealing if you don't have someone permission to use it which they clearly didn't.
That is fine and that they should have done in the first place, they should have study to see how the Pokémon games work and use that to create an original game with out the Pokémon IP.
There was no need for them to use the Pokémon IP and they still would have gotten attention as being the guy behind Twitch play Pokémon.
I view these kinds of things very undramatically; if SEGA encourages people to do fan projects or hacks or whatnot, that's great. That's really praiseworthy.
If Nintendo doesn't want fan projects or hacks or whatnot, that's a shame. But that's it. They have no moral nor legal obligation to accept these projects. I'm not sure I would for something I did. Would you hate my guts if I didn't?
If Nintendo doesn't want fan projects or hacks or whatnot, that's a shame. But that's it. They have no moral nor legal obligation to accept these projects. I'm not sure I would for something I did. Would you hate my guts if I didn't?
BocoDragon
or, How I Learned to Stop Worrying and Realize This Assgrab is Delicious
Just what Nintendo needs.. an incentive for tons of people to make their own fan games so they too can get officially sanctioned by Nintendo. It's not like they're a company known for rigorous quality control over their games and properties or anything...
It brings people to download free software on the internet that says "Pokémon" on it. That's not an association they'd want to promote, for obvious reasons.
It's not like they're reading announcements for fan games and then patiently waiting for them to finish so they can fuck them harder. They don't know and they don't care until there is an actual Pokémon knockoff sitting in their laps that it is their legal obligation to destroy.
People talk about it like "Nintendo" is a person making mean, petty decisions. This is just their legal department, and they're just doing what they were hired to do: protect the value of Nintendo's IP and trademarks.
I see fan games getting C&Ded like people slamming their head into a brick wall. The brick wall (Nintendo legal) is just unconsciously doing what it does, and you should have known better.
If these developers made their own game inspired by Pokémon, they could be rich now (see: Stardew Valley). I understand the nerdy allure of wanting to make your game "real" in the IP you love... but look what it gets you. You're now contributing less to society than even an original indie game, because you're not allowed to share your work officially.
KZXcellent
Member
Nintendo continues to be one of my least liked companies ever. It's a good thing they actually make good games.
It's more that Sega NEED the goodwill.
hahahah
what a straight up dumbass. dude wanted the spotlight all to himself with this social media shit. instead he got put in his place. next time you waste your time doing this shit, just release it first.
well, he should stealth release it now. no glory for him tho. the stupidty is astounding, srsly
I think an IP double standard exists when it comes to nerdy shit that has a fandom.
If someone were making Air Jordans as an homage and giving them away no one would blink an eye if they received a C&D from Nike.
But it's Nintendo and for some reason fans feel entitled to use the IP however they want. No, that isn't yours and you can't do whatever you want with it.
If someone were making Air Jordans as an homage and giving them away no one would blink an eye if they received a C&D from Nike.
But it's Nintendo and for some reason fans feel entitled to use the IP however they want. No, that isn't yours and you can't do whatever you want with it.