Concern Involving Images of Pokemon B/W

[GrassPokemonFTW]

Yesterday, Pokebeach got a message from a Nintendo lawyer asking to have all images of B/W Pokemon, gameplay, etc. removed from their website for "copyright infringement" issues. The lawyer mentioned the following:

"While Nintendo appreciates your interest in and support of the Pokémon game series, your publication of this content infringes Nintendo’s copyrights in violation of federal law. Your activity also and has the potential to cause substantial damage to Nintendo, and leaves Nintendo with no choice but to take steps to protect its intellectual property rights."

"We have accordingly submitted a copyright infringement notice to your domain registrar under the Digital Millennium Copyright Act, and anticipate that your website will be taken down shortly. We encourage you to immediately remove from your website all graphics, screenshots, and other protected content taken from the Pokémon Black and Pokémon White games. Going forward, you must also refrain from posting any screenshots, videos, or other content that infringes Nintendo’s rights in the Pokémon series or any other game."

"Your full and immediate compliance with the foregoing should render further action on Nintendo’s part unnecessary. It is essential that we receive your written response confirming that you have taken these necessary actions by Sunday, September 19, 12:00 p.m. PDT, however, or Nintendo will have no choice but to consider its alternative legal remedies."

According to Water Pokemon Master of PokeBeach, this lawyer will be making his rounds on all Pokemon-related websites and giving the same information. I find it advisable that we should take whatever precautions to prevent the lawyer from finding anything that Nintendo might have a problem with; as some of you might have already told, I've done my part and removed Tsutaaja, Yanappu, Kurumiru, and Shikijika from my sig.

That said, commentary on the B/W games are definitely allowed. That goes for art of fifth gen Pokemon that were created by someone other than
Nintendo.

Pokebeach has already complied to Nintendo's wishes; all B/W sprites have been replaced with Ditto, (The Isshu Pokedex only containes photos of a frowning Ditto), and all B/W Pokemon shown on the front page of Pokebeach had their faces replaced with Ditto.

It has not been told how long this ban will last; until the lawyer's threat remains in place, we should take whatever precautions we can to keep VR safe from harm.

Discuss.

[SergeiDragunov]

Oh wooooooooooow. Talk about stupid. Really Nintendo?

[Yoshi648]

I seriously think that is just a joke of some sort. Seems a bit fishy.

[GrassPokemonFTW]

Originally Posted by Yoshi648

I seriously think that is just a joke of some sort. Seems a bit fishy.

That's what I thought at first...I did view the Word Document containing a good majority of the information concerning the B/W photos, and it seems to be in order. I'm not sure, I'm just being safe. :/

[Jason_Henge]

They probably don't want all these images released now. (Not sure why, since doesn't Serebii have a deal so they can get information/sprites waaaaay before anyone else?) It still doesn't change the fact that people will continue to use them, maybe more since they're considered illegal. xD Pokemon Black Market, ya'll!

[Yoshizard]

Fans can't advertise for you, Nintendo? So I can't tell my friends to go buy a game, as that would be "copyright infringement", and "it has the potential to cause substantial damage to Nintendo", and could "leave Nintendo with no choice but to take steps to protect its intellectual property rights."

My God. You have to be kidding me.

[.name//Technomancer]

Nintendo needs to realize that by allowing fans to see the game beforehand, from a fan to fan perspective, allows the fanbase to increase. I want to see a lot about B/W before I get it.

>.<

Man, this is unnecessary.

[Buoysel]

[IMHO] a screenshot would indicate that ROM is being used, as a photo of the DS would be obvious that it is a photo. So NOA is trying to find the people who use ROM's and tell them nicely to buy the game. [/IMHO]

If its not that then :WTF are you thinking Nintendo?!?! Why don't you piss off the people who buy your product? Yeah, that seems like a good idea. [/sarcasm]

にんてんどのアメレカばかです！

[GrassPokemonFTW]

Yes, guys, like you, Water Pokemon Master is just as frustrated as you guys are. I mean, why are they worried about Pokemon being countered by free advertising if they got over a million pre-orders!? They're making tons of money through B/W.

*Something I found rather interesting: Out of annoyance, Water Pokemon Master changed the name of Pokebeach to "Pokerbeach", making a reference to calling the name "Pokemon" will cause substancial damage to Nintendo.

[Magmaster12]

It's true here's some stuff that Archiac the head of Bulbapedia said were true

Because if WPM/Serebii or anyone whose has the actual letter were to actually release that info publicly, it's practically guaranteeable that at least some members would feel a need to "confirm this for themselves" and call/e-mail them. Obviously, it would be problematic if random people started bugging a law firm over a case that doesn't concern them, which is why none of the webmasters or anyone that has it has posted it: there's a risk of people being stupid with it, which would just make it more of a headache for the parties actually involved, so they're keeping it confidential.

Also this.

Except, not so much. From what I've gathered, though I don't believe any of them have exactly directly said this, it would seem that the law firm's phone number is on their web site (or if not their web site, it's still findable, verifiable information that that phone number is that of the law firm). WPM called this number, in addition to the lawyer's cell phone number given in the letter, and it was the same person. Since this number was on an actual, established law firm's web site that does represent Nintendo and WPM got did get in contact with the guy who sent him the letter through that number, it seems pretty hard to fake to me.

[Masterge77]

I found this the other day: http://kotaku.com/5585802/nintendo-d...-obsessed-fans

This is the fifth time I heard this copyright bullcrap this year:

• First, Viacom sues Youtube
• Then Square Enix shuts down all Chrono Trigger ROM hacks on the Chrono Compendium
• Next, a girl is silenced for singing a song for charity
• Then, false copyright claims suspend several Youtube accounts, especailly Chuggaconroy
• Now THIS

Have these people forgotten about the First Amendment of the United States of America!? Apparently so!!!!!

This is most likely fake, most likely sent from a person who hates Pokemons guts and wants to end the franchise by destroying it's fanbase, here's another thing that points out that it's likely fake, Serebii lives in Britain, not America, second, the letter contins many grammical errors.

So I did a little digging after seeing this picture. A quick google search of "Grizli777" brought up this Microsoft Answers page, indicating that anything published with Grizli777 as the author was written using a popular pirated copy of Office 2007.

The irony is amazing here.

Though according to Serebii, since he got a different letter, there's no way to tag his as fake using the same deduction.

[Jason_Henge]

I'm laughing so hard at the people going out of their way to prove this is fake. Does it really matter? Who said this image ban is forever? This is why humanity is crumbling; because people can't wait over little pictures of things that don't exist! XDDD

[11Trident11]

why does nintendo try to hide what may be the best generation? I think it would be smarter to let the fans do whatever they want with the game info they'll still get the game (most likely)

[The Spirit of Time]

Serebii has confirmed this to be true. He removed all kinds of images as well.

I still can't understand the reason behind it. It is unfair, as it never happened before.

[Jason_Henge]

Originally Posted by The Spirit of Time

Serebii has confirmed this to be true. He removed all kinds of images as well.

I still can't understand the reason behind it. It is unfair, as it never happened before.

Remember the huge leak Serebii did on the 4th gen Pokemon sprites before the games even released? Could be in some relation to that fiasco. But it's not like we're going to be without the images forever. When the games release outside Japan, I'm sure Nintendo will ease up. Everyone is getting bent out of shape by something so minor and trivial. Has no one heard the saying "Good things come to those who wait"? So... wait!!

[The Spirit of Time]

Originally Posted by Jason_Henge

Remember the huge leak Serebii did on the 4th gen Pokemon sprites before the games even released? Could be in some relation to that fiasco. But it's not like we're going to be without the images forever. When the games release outside Japan, I'm sure Nintendo will ease up. Everyone is getting bent out of shape by something so minor and trivial. Has no one heard the saying "Good things come to those who wait"? So... wait!!

I am waiting. The thing is that they never did that before with any of their game. This is the first time.

[Jason_Henge]

I'm going to believe this is just an after effect of last generation's release. They're just being careful.

[Shadow]

You have got to be kidding me, Nintendo. What 'substantial damage' are you talking about? I seriously can't believe that this is actually happening. Are you trying to lose some of your fans or what? This is just disappointing :/

Anyways, like Jason said, we need to be more patient because this is the only solution we have. Hopefully, towards the English release of Black & White, things will ease up and Nintendo will return back to its old self again.

(P.S: Should I remove all the links of the pictures in the leaks thread?)

[RotomGuy]

Should I change my avy?

[The Spirit of Time]

Originally Posted by RotomGuy

Should I change my avy?

I don't think so. They are just checking the main sites, not the forums. I don't also think that they will sue particularly.

[Buoysel]

Originally Posted by Jason_Henge

I'm laughing so hard at the people going out of their way to prove this is fake. Does it really matter? Who said this image ban is forever? This is why humanity is crumbling; because people can't wait over little pictures of things that don't exist! XDDD

Because if we don't stand up for our rights no one will. And If we let them get a single foot hold it is just a steeping stone beforebthey say fan art is copyright infringement then just saying the word could be copyright infringement.

What makes me think this a fake is that they sent it electronicly. Typically anything with the law has to be written out on paper. And they usually give 30 days to comply. I really wan to see that pdf. Anyone can make a website and put a phone number on it. But you can't hide the dns records.

[Cat333Pokémon]

If I had to state a reason, I would say it's because the two sites were involved in posting illegally obtained information, such as that massive sprite leak of images taken from the game and for taking personal screenshots of the game before the release. In addition, PokéBeach was in hot water earlier this year involving some images taken in a movie theater. Notice that all the major gaming sites, like IGN and GameSpot, are still doing fine and have BW screenshots. Bulbapedia also hasn't received a cease and desist notice yet. I certainly believe that this was caused by illegal media that went beyond the fair use clause that Nintendo has stated in their corporate FAQ.

Originally Posted by Nintendo of America

Although we are not able to grant permission, use of Nintendo's properties without formal permission by Nintendo may still be allowed under the relevant laws of the particular jurisdiction involved.

[Jason_Henge]

Originally Posted by Buoysel

Because if we don't stand up for our rights no one will. And If we let them get a single foot hold it is just a steeping stone beforebthey say fan art is copyright infringement then just saying the word could be copyright infringement.

What makes me think this a fake is that they sent it electronicly. Typically anything with the law has to be written out on paper. And they usually give 30 days to comply. I really wan to see that pdf. Anyone can make a website and put a phone number on it. But you can't hide the dns records.

What rights, exactly? You don't own Pokemon. =/ You must not know that Nintendo is this huge company...

BTW, EVERYTHING is done electronically now. Even job resumes are taken via an email. Even if they did do it with a written letter, these Pokemon sites don't have a street or PO Box address. Your point kind of failed. D:

Originally Posted by Cat333Pokemon

If I had to state a reason, I would say it's because the two sites were involved in posting illegally obtained information, such as that massive sprite leak of images taken from the game and for taking personal screenshots of the game before the release. In addition, PokéBeach was in hot water earlier this year involving some images taken in a movie theater. Notice that all the major gaming sites, like IGN and GameSpot, are still doing fine and have BW screenshots. Bulbapedia also hasn't received a cease and desist notice yet. I certainly believe that this was caused by illegal media that went beyond the fair use clause that Nintendo has stated in their corporate FAQ.

Good point. I do recall the PokeBeach thing now. It's things like this that people don't look into. They get all enraged at this one thing and won't even look into WHY it was issued in the first place. Serebii does do horrible and illegal things just to be first. I can forgive PokeBeach some, even though it was totally illegal too. xD

[Shadow]

Originally Posted by Cat333Pokémon

If I had to state a reason, I would say it's because the two sites were involved in posting illegally obtained information, such as that massive sprite leak of images taken from the game and for taking personal screenshots of the game before the release.

This does seem like a pretty valid idea, but I don't understand why Nintendo suddenly made a big fuss about it when it used to happen basically every year. Also, was Pokéxperto notified, too? I mean, it was the earliest website to leak the Isshu Pokédex, both in text and in sprites, via its Twitter account.

Originally Posted by Cat333Pokémon

In addition, PokéBeach was in hot water earlier this year involving some images taken in a movie theater.

Do you mean that live action movie? I really can't remember what you're talking about.

Originally Posted by Jason_Henge

Serebii does do horrible and illegal things just to be first. I can forgive PokeBeach some, even though it was totally illegal too. xD

To be honest, this is the first time I learn that Serebii does 'illegal' stuff. Out of curiousity, can you please elaborate?

[ultimateshadowangel]

I really don't see a legit reason for this. Yes this may be "illegal", but didn't they give information to begin with. Without websites like serebii and floatzel I probably wouldn't even hear about B/W or even HG/SS until the it came out. But I was really surprised when learning about this. Me and many of my pokemon loving friends have learned about those games from those websites. So as i said before, I don't see a legit reason for this.


Pokemon B/W has gotten 1 million preorders alot because of these things. so stopping this may just lower the numbers of pre-orders in their next game

Oh Well

[Idno58]

Someone should take this whole discussion and send it to nintendo.

[Jason_Henge]

Originally Posted by Shadow

Do you mean that live action movie? I really can't remember what you're talking about.

I think he means one of the anime movies. The live action fake that's floating around looks like it was recorded in the before-final form. There are numbers and stuff on the screen.

Originally Posted by Idno58

Someone should take this whole discussion and send it to nintendo.

Bad idea is bad. They would probably shut this place down due to all the FLAMES!! I remember when some morons thought telling the owners of DragonBall Z about TeamFourStar's parody series of Abridged DBZ. YouTube shut their account down, deleted all the videos and it got much worse that it needed to me. Do you really want that to happen here?

[Turtwig]

Originally Posted by Yoshi648

I seriously think that is just a joke of some sort. Seems a bit fishy.

It's not fishy if Pokebeach actually called the lawyer.

[SergeiDragunov]

Breakin' the law, breakin' the law

[Turtwig]

Originally Posted by SergeiDragunov

Breakin' the law, breakin' the law

lol, it's like they come running, "What's this? Violation!" XD

[The Tropius of Tropiuses]

Does this mean I should remove the B/W sprites from my computer on Paint?

[Darkrai]

Chances are it is indeed fake. For one, legally, you must offer AT LEAST one week when it comes to warnings. Take the example of George Lucas sending a Cease and Desist order to the laser pointer company. Second, the grammar in the letter is off for an official letter. Thridly, this letter lacks the official seal. Fourth, why didn't they ask for the removal of all other Pokemon images, aren't they under copyright also? Chances are, and most likely, the letter is fake, just like all those other epidemics you guys mentioned.

[GrassPokemonFTW]

Originally Posted by The Tropius of Tropius

Does this mean I should remove the B/W sprites from my computer on Paint?

No, it's posting it that Nintendo doesn't want you to do. If you make your own works based of of the fifth gen Pokemon, that's A-OK. For example, RotomGuy's self-made (or whoever made it) picture of Chanderaa is fine, because Nintendo didn't make the actual picture.

But the sprites should be kept safely on paint; then when the ban is lifted, you can go ahead and post it.

*Note: I'm not sure what to do about this, but in case the lawyer does come running, then I'm wondering about VB. Zorua and Zoroark Pokedoptables contain their sprites...

Originally Posted by Darkrai

Chances are it is indeed fake. For one, legally, you must offer AT LEAST one week when it comes to warnings. Take the example of George Lucas sending a Cease and Desist order to the laser pointer company. Second, the grammar in the letter is off for an official letter. Thridly, this letter lacks the official seal. Fourth, why didn't they ask for the removal of all other Pokemon images, aren't they under copyright also? Chances are, and most likely, the letter is fake, just like all those other epidemics you guys mentioned.

WPM called the applied phone number and it is indeed real.

Also, I just noticed that "stupidity" was added to the tags. I wonder who could have put it there. :J

[Alakazamaster]

Originally Posted by GrassPokemonFTW

No, it's posting it that Nintendo doesn't want you to do. If you make your own works based of of the fifth gen Pokemon, that's A-OK. For example, RotomGuy's self-made (or whoever made it) picture of Chanderaa is fine, because Nintendo didn't make the actual picture.

But the sprites should be kept safely on paint; then when the ban is lifted, you can go ahead and post it.

*Note: I'm not sure what to do about this, but in case the lawyer does come running, then I'm wondering about VB. Zorua and Zoroark Pokedoptables contain their sprites...

    

He was kidding.

[The Tropius of Tropiuses]

I didn't make the sprites. They are the official ones from the game. Or, atleast a website. Is that still ok?

[GrassPokemonFTW]

Originally Posted by Alakazamaster

    

He was kidding.

Oh. Whoops. :I


XU

[Magmaster12]

This thread is going no where I already proved that these are really there's no need to continue ranting.

Originally Posted by Magmaster12

It's true here's some stuff that Archiac the head of Bulbapedia said were true

Also this.