Gotta C&D 'em all: Pokemon Uranium reaches 1.5 million downloads, is promptly nuked by Nintendo/TPC - Polidicks

[QUOTE=Reshy;50887826]Fairly certain this should be fair use, as it's not making any money on the game.[/QUOTE] Even if it was, which I believe it isn't, as far as I know revenue is not a factor in wether or not something is fair use. [editline]15th August 2016[/editline] [QUOTE=Grandzeit;50887853]The second you put Pokémon in your fangame's name it's trademark infringement. Even if you try to be sly and give it a name like Monsters Friends Battle Time but, let's say, everything about the gameplay or the logo is still pretty much Pokémon, the IP-holder in question can argue that your product deliberately contains similarities for the sake of misleading customers. And force you to cease distribution and/or alter all elements in question. Taking money for it or not, the system wasn't made with fangames in mind, and if they're being made aware of said fangames likely due to a boom in popularity like Pkmn: Uranium and Metroid 2, they're forced to take it down. It absolutely sucks, but that's how it is, and I'm certain Nintendo perfectly knows it as well.[/QUOTE] If it was for nintendo all content would be locked behind their machines and no one would be able to do anything with it. Nintendo also has a hard on against emulation, even going as far as stating that emulation is illegal in their site lmao.

making a game off someone elses trademark without a license (especially asking for donations on it?) is like incredibly risky. if they worked 9 years on this fangame that sucks but they shouldve more or less expected a c&d sometimes it's a "dick move" and most of the time they have to protect their trademarks even if they don't want to

[QUOTE=Octopod;50887917]making a game off someone elses trademark without a license (especially asking for donations on it?) is like incredibly risky. if they worked 9 years on this fangame that sucks but they shouldve more or less expected a c&d sometimes it's a "dick move" and most of the time they have to protect their trademarks even if they don't want to[/QUOTE] Nintendo wants to, they try to avoid it because of PR, but deep down they want to. If I was a dev of pokemon uranium I would grab all my original 'mons and make a new game with them.

[QUOTE=eirexe;50887898]Nintendo also has a hard on against emulation, even going as far as stating that emulation is illegal in their site lmao.[/QUOTE] i don't blame them for fighting against emulation since they're selling the emulations of their own games on the wii [editline]14th August 2016[/editline] [QUOTE=eirexe;50887927]Nintendo wants to, they try to avoid it because of PR, but deep down they want to. If I was a dev of pokemon uranium I would grab all my original 'mons and make a new game with them.[/QUOTE] in this case it doesn't matter even if they're the nicest conpany in the world, becuse even then if they cared about their trademarks this game would've been taken down i agree you on that last part tho, if their game is solid they could easily make original assets and make a game that they can sell (unless nintendo somehow patented the entire concept of pokemon)

[QUOTE=Mastermind of42;50887619]Still uses the Pokemon name.[/QUOTE] So shall we ban all the artwork that uses Pokemon too?

[QUOTE=the tee;50888042]So shall we ban all the artwork that uses Pokemon too?[/QUOTE] for some strange reason fanart is okay.

Oh get fucked Nintendo. It's about time most of the elderly/middle-aged japanese businessmen in the company were told to fuck off and make room for people who won't see the company stagnate and at least avoid a disconnect from the fans. Don't see how this is an IP violation when it isn't even making a profit. On a sidenote, anyone wanna PM a link? [highlight](User was banned for this post ("Warez" - Novangel))[/highlight]

[QUOTE=Reshy;50887826]Fairly certain this should be fair use, as it's not making any money on the game.[/QUOTE] It's not. Just because they're not making money makes it fair use. [quote]In its most general sense, a fair use is any copying of copyrighted material done [b][i]for a limited[/i] and “transformative” purpose[/b], such as to comment upon, criticize, or parody a copyrighted work. Such uses can be done without permission from the copyright owner[/quote] [editline]15th August 2016[/editline] [QUOTE=the tee;50888042]So shall we ban all the artwork that uses Pokemon too?[/QUOTE] Technically yes, but fan art is so trivial that it doesn't matter. It only become an issue when an someone uses someone's else IP to promote themselves. For example, if the dev were to form a company and list this on the company's resume. [QUOTE=OmniConsUme;50888047]for some strange reason fanart is okay.[/QUOTE] Nintendo does not like Pokemon H-doujins

This was to be expected, and whilst it is disappointing, it's not wrong; it is their IP. Does seem rather mind-boggling that the developers didn't just develop the game without any explicit elements from Pokemon, other than saying that it is inspired by the franchise.

Banning people for warez for something that was free anyway? What.

Friend showed me this at work and I just knew immediately that it'd get a C&D within a week, but he was optimistic. Sucks to see I was right. :frown:

After all that effort, I don't understand why they kept the Pokemon name. Replace all 'borrowed' content with original assets and there you go. Seems like a waste.

Can a mod explain why Gordon got banned for Warez yet half the AM2R thread is exchanging mirrors for basically the same story? Anyway to contribute to the discussion the dealbreaker for whether a C&D is warranted is based on that Patreon account. That means someones making money using Pokemon Uranium and thus making money off the Pokemon IP without TPC or Nintendo's permission. This is why they were taken down yet hundreds of Romhacks still stay up without that much issue. It's a bit more cut and dry when it comes to their reasoning compared to AM2R which in a way is a free version of a game Nintendo sells for money.

Hi if we're gonna be banning people for pirating a once free game how about we take a glance at the Metroid 2 thread shall we gents? Check out all these neat posts with links to a [i]totally illegal but was once free game[/i] and aren't banned. [url]https://facepunch.com/showthread.php?t=1529793&p=50849082&viewfull=1#post50849082[/url] [url]https://facepunch.com/showthread.php?t=1529793&p=50852950&viewfull=1#post50852950[/url] [url]https://facepunch.com/showthread.php?t=1529793&p=50855537&viewfull=1#post50855537[/url] And last but not least Facepunch's favorite moderator [b]Postal[/b] posting links to patches for this [i]illegal[/i] game only a few minutes ago after a ban was issued in this thread. [url]https://facepunch.com/showthread.php?t=1529793&p=50888289&viewfull=1#post50888289[/url] Multiple people have already asked for why this is getting special treatment and it doesn't take more than a minute of time to respond with a reasonable answer. I even asked directly on the front page myself.

[QUOTE=Fapplejack;50888325]Can a mod explain why Gordon got banned for Warez yet half the AM2R thread is exchanging mirrors for basically the same story? [/QUOTE] Literally the third post is a Mod saying mirror links for Pokemon Uranium are warez. Wether we agree that, that stance is BS or unfair compared to the AM2R thread is irrelivant. The Moderation teams offical stance currently is it's Warez and Gordon posted anyway, he knew better.

[QUOTE=Ta16;50888370]that stance is BS or unfair compared to the AM2R thread is irrelivant.[/QUOTE] Not really, this is all the same forum, a different thread shouldn't get any particular special treatment over another.

The warez ban is dumb. It's a free, original game. Anyway, if you can manage to play Pokemon Uranium, give it a shot. It's really damn good. It's got unique mechanics, really good pokemon, and a really flashy combat system.

[QUOTE=Da Big Man;50888355]Hi if we're gonna be banning people for pirating a once free game how about we take a glance at the Metroid 2 thread shall we gents? Check out all these neat posts with links to a [i]totally illegal but was once free game[/i] and aren't banned. [url]https://facepunch.com/showthread.php?t=1529793&p=50849082&viewfull=1#post50849082[/url] [url]https://facepunch.com/showthread.php?t=1529793&p=50852950&viewfull=1#post50852950[/url] [url]https://facepunch.com/showthread.php?t=1529793&p=50855537&viewfull=1#post50855537[/url] And last but not least Facepunch's favorite moderator [b]Postal[/b] posting links to patches for this [i]illegal[/i] game only a few minutes ago after a ban was issued in this thread. [url]https://facepunch.com/showthread.php?t=1529793&p=50888289&viewfull=1#post50888289[/url] Multiple people have already asked for why this is getting special treatment and it doesn't take more than a minute of time to respond with a reasonable answer. I even asked directly on the front page myself.[/QUOTE] At first I thought it was just mods being forgetful but that's some serious inconsistencies here. What gives? I've never known the mods to be unfair or shady before. Well, a little unfair. But just for the bants.

[QUOTE=Neddy;50888284]Banning people for warez for something that was free anyway? What.[/QUOTE] I like how the moderators are ignoring our questions as to why this is warez but whatever

Because it's copyright infringement, it doesn't matter if you like it or not but it's Nintendo/The Pokémon Company's IP and they can do with it what they want.

Pokemon GOne.

[QUOTE=Da Big Man;50888355]Hi if we're gonna be banning people for pirating a once free game how about we take a glance at the Metroid 2 thread shall we gents? Check out all these neat posts with links to a [I]totally illegal but was once free game[/I] and aren't banned. [URL]https://facepunch.com/showthread.php?t=1529793&p=50849082&viewfull=1#post50849082[/URL] [URL]https://facepunch.com/showthread.php?t=1529793&p=50852950&viewfull=1#post50852950[/URL] [URL]https://facepunch.com/showthread.php?t=1529793&p=50855537&viewfull=1#post50855537[/URL] And last but not least Facepunch's favorite moderator [B]Postal[/B] posting links to patches for this [I]illegal[/I] game only a few minutes ago after a ban was issued in this thread. [URL]https://facepunch.com/showthread.php?t=1529793&p=50888289&viewfull=1#post50888289[/URL] Multiple people have already asked for why this is getting special treatment and it doesn't take more than a minute of time to respond with a reasonable answer. I even asked directly on the front page myself.[/QUOTE] seriously calling this warez seems kind of overzealous. should people who find reuploads of videos that were taken down also be banned? would be a similar situation to what's going on here. it's not illegal to download pokemon uranium.

dear novangel/other extant mods: we appreciate the intention, really, but this is overstep and nonsense the precedent was, or is, already set by the total non-action on the metroid 2 thread so drop it and unban gordon i'm already downloading this game to make nintendo's lawyers' asses sore, and i haven't played a pokemon game since ruby; it's not like it takes more than 5 seconds of google to find the game's subreddit and with it a link, this isn't some super complex salted hash limewire shit

[QUOTE=SuicideZ;50888728]Because it's copyright infringement, it doesn't matter if you like it or not but it's Nintendo/The Pokémon Company's IP and they can do with it what they want.[/QUOTE] We had another thread of the Metroid 2 game that was C&D'd and no one got banned for warez when uploading mirrors hell even POSTAL of all people was posting links to patches for the game. And yet we've got Pokemon here and the mods basically said it's warez and one person got banned for it.

[QUOTE=GordonZombie;50888060]Oh get fucked Nintendo. It's about time most old the elderly/middle-aged japanese business in the company were told to fuck off and make room for people who won't see the company stagnate and at least avoid a disconnect from the fans. Don't see how this is an IP violation when it isn't even making a profit. On a sidenote, anyone wanna PM a link? [highlight](User was banned for this post ("Warez" - Novangel))[/highlight][/QUOTE] It is theft to make a product based on another person's IP without permission, regardless of if you are making money off of it.

This game is amazing and I can't believe I'm just now hearing about it. I'm truly amazed this was made by fans and not Nintendo themselves, they've really outdone themselves.

Don't dispute bans in here, they can make RC threads.

[QUOTE=Bradyns;50887592]Yes.[/QUOTE] Lol that's bullshit. [highlight](User was banned for this post ("What did I literally just say." - Pascall))[/highlight]

I've completed Uranium already and I have to say that it was amazing. As someone who hadn't played pokemon since Ruby it really got me into the franchise again (I didn't even know about mega evolutions before)! There are loads of new pokemon in the game and all sorts of cool easter eggs too... but with that said it is still a pokemon game and there are recognizable items, references and pokemon in the game. I can't blame Nintendo for taking it down. With all that said, I'm not encouraging warez, but it is a solid addition to the franchise, I'd recommend it to anyone if it got a legit release and I think that Nintendo should hire the devs onto their team.

[QUOTE=Ruski v2.0;50888971]I've completed Uranium already and I have to say that it was amazing. As someone who hadn't played pokemon since Ruby it really got me into the franchise again (I didn't even know about mega evolutions before)! There are loads of new pokemon in the game and all sorts of cool easter eggs too... but with that said it is still a pokemon game and there are recognizable items, references and pokemon in the game. I can't blame Nintendo for taking it down. With all that said, I'm not encouraging warez, but it is a solid addition to the franchise, I'd recommend it to anyone if it got a legit release and I think that Nintendo should hire the devs onto their team.[/QUOTE] Honestly, they need to work out a deal and find some way to release this officially. I know it's a little bit darker than the usual pokemon as far as the story goes and the they included a nuzlocke gamemode, but there's a boatload of money to be made for everyone involved and this game as well as the devs deserve it. It's literally free money for Nintendo while supporting the developers, plus the PR? It's too good to pass up. Won't happen though sadly, even with all the good I guess doing that would set a bad precedent wouldn't it. Basically the business and legal sides get in the way and ruin everything, as usual.