Legal Issues? There's an app for that: Thoughts on TPCi's takedown of mobile apps

[BulbaBot]

Legal Issues? There's an app for that: Thoughts on TPCi's takedown of mobile apps

The Pokémon Company has moved to have Pokémon related apps of all types removed from the Android market, resulting in a backlash from certain segments of the fandom against Nintendo and The Pokémon Company. A good amount of this backlash appears to be based on the attitude that there is a double standard between how apps and fansites are treated. Things aren't quite so clear cut however, and there's a number of underlying issues that need to be considered.

Read more on Bulbanews

 

[Derier44]

Well I suppose we dont get the new TCG game app now, damn crazy fans and their crazy speculation.

 

[SuperTrainStationH]

To say that all fansites are committing copyright infringement is a bit overreaching, but there's quite a difference between a publishing an amateur website providing discussion and factual information about someone elses' IP and actually writing a piece of platform specific software derived solely from another IP which which will actually be competing directly for attention and possibly money with official software being created by the originators of that property.

Nintendo (and related entities)generally very, very generous about the fan community and fan works and only in very specific cases will they actually step in and ask fans to stop doing something. For example, at several E3 presentations, Nintendo actually used internet fan films as an example of how Nintendo's franchises have permeated society and culture, but when a feature length Zelda fan film featuring graphic violence was actually being screened in movie theaters as part of film festivals, Nintendo asked them to stop, and even when they did, they allowed them to keep the film online for a couple months more as a goodwill gesture.

Nintendo (and related entities) basically doesn't step in unless a fanwork gets overambitious in a way which would put it in direct competition with Nintendo's products or reflect poorly on Nintendo in a highly visible way, or in recent cases, to basically slap fansites on the hand for openly using and providing information based on pirated copies of major games.

 

[Joshawott]

I have to admit, it astounds me how generous Nintendo and TPCi can be in regards to fansites. However, it's mainly for the reasons you said - fansites help generate hype, and can even give them opportunities to get feedback from the fans.

I will admit that I do own a free app on my iPod Touch, but even that isn't getting much use any more - as I mainly play VGC11 rules, Pokédex 3D has taken its place xD.

 

[Bikini Miltank]

To say that all fansites are committing copyright infringement is a bit overreaching, but there's quite a difference between a publishing an amateur website providing discussion and factual information about someone elses' IP and actually writing a piece of platform specific software derived solely from another IP which which will actually be competing directly for attention and possibly money with official software being created by the originators of that property.

It is technically copyright infringement, though. As you say in the rest of your post, Nintendo are pretty cool about allowing people to use their copyrighted material for fan-related activity. The key word, though, is "allowing". They don't have to be cool about it. They could, if they chose, enforce their copyrights with an iron fist, and the vast majority of fansites wouldn't have any legal argument against it. Nintendo are generally content to look the other way when their copyright is infringed by fansites, and that's their privilege. But it doesn't mean that their copyright isn't being infringed, and that they couldn't object if they wanted to.

 

[Robo-Floatzel]

Well, the old Pokedex application for the iPhone had all 5 generations, it was mainly taken down because TPCi wanted to release their own application, the Pokedex 3D app for the 3DS, and while it is good, it only has one generation, the 5th generation, which is kind of a waste, why would you release a pokedex app that has only ONE generation on it, there are a total of 646 Pokemon out there, and you only have 156 of them, does TPCi even care about the older generations anymore?

 

[Joshawott]

Well, the old Pokedex application for the iPhone had all 5 generations, it was mainly taken down because TPCi wanted to release their own application, the Pokedex 3D app for the 3DS, and while it is good, it only has one generation, the 5th generation, which is kind of a waste, why would you release a pokedex app that has only ONE generation on it, there are a total of 646 Pokemon out there, and you only have 156 of them, does TPCi even care about the older generations anymore?

Pokédex 3D does have listings for moves no Unova Pokémon can learn, and has an "Update" button. So the rest may be available in the future.

 

[Dawn~Berlitz]

Well, the old Pokedex application for the iPhone had all 5 generations, it was mainly taken down because TPCi wanted to release their own application, the Pokedex 3D app for the 3DS, and while it is good, it only has one generation, the 5th generation, which is kind of a waste, why would you release a pokedex app that has only ONE generation on it, there are a total of 646 Pokemon out there, and you only have 156 of them, does TPCi even care about the older generations anymore?

they probably dont like they one other mistake replacing Dawn with Iris who is way annoying like almost every episode iris is like to ash you are such a little kid

 

[SuperTrainStationH]

Well, the old Pokedex application for the iPhone had all 5 generations, it was mainly taken down because TPCi wanted to release their own application, the Pokedex 3D app for the 3DS, and while it is good, it only has one generation, the 5th generation, which is kind of a waste, why would you release a pokedex app that has only ONE generation on it, there are a total of 646 Pokemon out there, and you only have 156 of them, does TPCi even care about the older generations anymore?

you are majorly overreacting, this is just the first 3ds app theyve put out and its totally free.

aside from that, why wouldnt they focus on promoting their most recent game first?

 

[Zekurom]

I decided to poke my head back in here just to respond to this.

Secondly, can you demonstrate any non-infringing uses of the app?

Suppose that the Interdex (Sorry...) got a claim from Nintendo/etc. and proceeded to comply by debranding everything, and removing all Pokémon-based terminology and data from their website (i.e. leaving only fanmade monsters on the website). Would they still have a claim against us?

*edit* Silly me, that page isn't even completely up yet. Here's a description of what the project's supposed to be when it's done: http://fourstarmon.com/forum/showthread.php?tid=39

 

[Archaic]

Suppose that the Interdex (Sorry...) got a claim from Nintendo/etc. and proceeded to comply by debranding everything, and removing all Pokémon-based terminology and data from their website (i.e. leaving only fanmade monsters on the website). Would they still have a claim against us?

*edit* Silly me, that page isn't even completely up yet. Here's a description of what the project's supposed to be when it's done: About Interdex

Considering your whole Four Star Mon project is arguably a breach of their intellectual property to begin with, do you really want to paint yourself with a bullseye by trying to release an app? If you put any official Pokémon in it, you're asking for a takedown.

 

[Zekurom]

Considering your whole Four Star Mon project is arguably a breach of their intellectual property to begin with, do you really want to paint yourself with a bullseye by trying to release an app? If you put any official Pokémon in it, you're asking for a takedown.

Fair enough. It's not like we're at the stage where we could even consider developing an app yet.

Given that, I don't think, by the time we get big enough to be able to make an app in the first place, we'd even put any official Pokémon on it (or any other already-owned monsters) in the first place. We'd probably try to capitalize on our own monsters and make it into our own bestiary. (Calling them "monsters" and such, and no references to Pokémon whatsoever.)

Now, this may be straying off the topic of apps, but it still applies to intellectual property. Suppose they did the same to thing to us with our website because it threatened their business. (The whole debranding thing.) Would we get away with just debranding everything and removing all reference to Pokémon, or would they be able to take the whole site down?

 

[Archaic]

Now, this may be straying off the topic of apps, but it still applies to intellectual property. Suppose they did the same to thing to us with our website because it threatened their business. (The whole debranding thing.) Would we get away with just debranding everything and removing all reference to Pokémon, or would they be able to take the whole site down?

If you have debranded everything, then the lynchpin is likely to be how much your game mechanics are influenced or inspired by those of Pokémon. You'd need to have some significant points of differentiation.

 

[ilsevf91]

I don't really see the issue with free apps but the ones that actually cost money... hm... yeah, those are definitely wrong. This is more of an opinion on the morality of the situation though, not so much the legal technicalities. I don't see why anyone would think it a good idea to ask money for an app that contains information you can easily access for free on the internet and that doesn't even belong to you in the first place. Ridiculous really, plus I don't really use apps myself so... whatever legal actions Nintendo/TPCi decides to take up against these people - I'm all for it. You won't have my sympathy. Ok, I might have slight sympathy for those that have free Pokémon apps out on the market but that's about it.