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Wednesday, 22 September 2010 10:48

Nintendo threatens fan site

Written by Nick Farell

Thou shalt not post screen shots
Legal eagles from Nintendo have sent a letter to a Pokémon fan site, threatening them over their posting of pictures from the upcoming Pokémon Black & White. PokéBeach, obtained some copies of the game on September 17, and was reviewing it. A day later it got a letter from Nintendo's lawyers.

The letter said that “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,” the letter said.

Apparently the site was forced to remove "all graphics, screenshots, and other protected content taken from the Pokémon Black and Pokémon White games", or under the Digital Milennium Copyright Act Nintendo says it would be able to shut the site down.

At issue was how PokéBeach managed to obtained a copy of the game or at least the pictures. It seems that Nintendo thinks they may have come from an illegal ROM.

Nick Farell

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-2 #1 thematrix606 2010-09-22 15:07
I used to like Nintendo.

Next time, don't f****ing send them anythin then!
+1 #2 gamoniac 2010-09-22 15:45
You have to understand how copyright works. If Nintendo did not take any action, they could potentially be forfeiting their rights to their intellectual property.

For instance, if you use a Mickey Mouse icon on your web site, and Disney knows about it but do nothing, next time they cannot sue anyone else who uses it on a larger scale without permission -- they forfeited their copyright. Make sense? Not that Disney would care about you using the icon, but by law, they cannot discriminate and sue some company but let you off the hook.

Of course, we don't know much about the context of the Nintendo situation here..
+1 #3 Squall_Leonhart 2010-09-23 00:58
fair use laws would've vindicated the websites.
0 #4 Fud_u 2010-09-23 02:46
Oh, it's been a while since I play with my poke balls.

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