Forum - View topicNEWS: Pokémon Party Planner: Settlement Offer Rescinded
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War_Destroyer
Posts: 29 |
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So uh, where is the official statement from Nintendo or evidence showing that this guy was sent multiple cease and desists orders? Also, if he wants to start a campaign and people want to support him with funds, what's it to you? Also, don't use my post to assume that I support copyright infringement, that be simply moronic and fallacious as some of the other nonsense that some are spewing here. From what I currently know it seems to me that it's more about a corporation trying to drag a guy into the bushes to kill him, than merely trying to protect their property because they've already succeeded on that end with the event being canceled.
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Greed1914
 Posts: 4470 |
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TCPi isn't going to share evidence or its own records with the public in an ongoing civil suit, nor would they be expected to. As for the funding, at least to me, the problem is that he is asking complete strangers to just give him money to pay for what is ultimately his fault. The whole point is to make it so that he, and others in similar situations, know that the copyright owner is not ok with this and will pursue its rights. That gets diminished if somebody just pays with other people's money, and doesn't even have to repay it. Even asking friends and family for help would be better since at least there is some embarrassment and probably interest involved. Throw in the fact that he asked for the money before there was even an official settlement, and now people are contributing towards something that doesn't even exist. Getting the event canceled also wouldn't be sufficient because the company never would have had to spend money on legal actions if their property was respected in the first place. Basically, the financial burden is supposed to be on the one who did something wrong. |
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checarlos87
 Posts: 31 |
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I don't think TPCi has any obligation to send a C&D. If somebody is inappropriately handling your IP without permission, I don't think you are in any obligation to "let them off with just a warning" the first time. You can give em a warning if you want, but you can also pull the plug on them if you want (and I think that in this situation TPCi did well to pull the plug).
We don't know for a fact that Jones got the settlement offer he claims to have received. As Game Informer reports, there is so far no evidence of the original $4,000 settlement offer he mentioned and used to build the crowdfunding campaign. If he lied about that settlement then it is obvious that Nintendo has a right and an obligation to escalate the lawsuit. And even if the $4,000 settlement was real, Nintendo shouldn't have just taken the money and let it be. The guy made private proceedings public and tried to antagonize a company that is already the affected party here. TPCi didn't go nuclear on him; he was the one that raised the stakes unnecessarily. He's the one that should have kept quiet and accept TPCi's terms. Last edited by checarlos87 on Wed Oct 07, 2015 2:07 pm; edited 1 time in total |
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Adamanto
Posts: 150 |
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There's also the matter of how them just taking the money would let the story end as "mean corporation extorts money from innocent fan, but thankfully nice people on the Internet help him win the good fight". TPCi have absolutely nothing to gain and everything to lose by agreeing to just take a bunch of random people's money because some guy lied on social media that they were mean to him.
They offered to be nice to him and just have him pay their current expenses for dealing with what he had done, and he responded by badmouthing them online in an incredibly unintelligent attempt at trying to get away without paying anything at all. |
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War_Destroyer
Posts: 29 |
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What is he lying about and what proof do you have? We have fools in this thread with Pokémon avatars saying that this guy received not one, but many cease and desist orders, but I've yet to see any evidence or official statement from the corporation anywhere, to me that supports this guy's claim that he never got one. It's cool, I understand that corporation does not need to issue a cease and desist to pursue a copyright infringement lawsuit, but it's wrong of you to spread lies because others here are eating it up without questioning it, many here now see the guy as an imbecile who deserves it because of the lies.
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TarsTarkas
 Posts: 5873 Location: Virginia, United States |
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In civil proceedings it is irrelevant where the money comes from. All that matters is that it gets paid.
The only unintelligent thing was going public before he got the settlement written in stone. |
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checarlos87
Posts: 31 |
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For what it's worth, I wasn't among the ones that mentioned he got C&Ds before. ...but he really is an imbecile who deserves the lawsuit. |
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Adamanto
Posts: 150 |
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On his gofundit page he says he "thought it would be fun to hold a Pokemon party for his friends, but "Pokemon" sued him for 4000 over it, a sum he can't pay because he's just a cafe worker". Both you and he can sit there going "but it's teeeeeeeeeeeeeeeeeeeeechnically not untrue", but this is stretching the truth on the same level as a bank robber saying he was arrested for "walking into the bank and making a withdrawal". |
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Greed1914
Posts: 4470 |
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As the article points out, and as others in the thread linked to, TCPi did not make an offer of $4000 to him, and the documents that Jones later provided said $5,400 with no deadline. Both the amount and time frame were misrepresented by Jones. So, from what he has actually provided, it seems he wasn't entirely honest. He also characterized the event as a gathering of friends and fans, which might be true, but he downplayed that he also organizes such events as part of a business. If nothing else, it is framed in a way to get funding out of sympathy, rather than more accurately indicating that one business is suing another for using its property without permission.
In strictly monetary terms, I suppose so. In terms of what I said about people learning a lesson, it absolutely matters. Hypothetically, let's say that TCPi just took the $4,000 and called it good. At this point, somebody who admits he violated their copyright multiple times was able to close the suit all while not paying anything towards the suit because a bunch of strangers who maybe felt sorry for him or agreed with him paid the consequences for him, and asked nothing in return. All of which has been appearing on various sites and would be known to the public. It wouldn't be much of a stretch for other people to look at this and decide they will roll the dice and violate the copyright as well. After all, this guy did it multiple times without getting caught, and once he got caught, somebody else covered for him. |
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TarsTarkas
Posts: 5873 Location: Virginia, United States |
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I do get what you are saying and understand what you want, but in a civil case it has no bearing on how payment is made to the claimant. The guy should have gotten the settlement in written and signed, before doing all that public stuff. He burned himself. Probably will go to court, and he will lose. But will it really be worth it all for TCPi, cost/benefit wise, whose to know for sure. It is not like there is a Pokemon beer party on every corner. Odds are that the judgement will cause the guy to declare bankruptcy and then where is TCPi. |
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Adamanto
Posts: 150 |
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Going to court will make all the details in the case public. Settling outside of court will not. And after all the crying to media and on social media this guy has been doing about how mean old TPCi is bullying an innocent fan, they actually have a good deal to lose by just dropping the entire thing and let the public keep believing what Jones went on about. Even in this thread, you see people talking about boycotting their products. |
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TarsTarkas
Posts: 5873 Location: Virginia, United States |
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I doubt there will be a significant boycott. People say that all the time, but rarely follow through.
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Megiddo
 Posts: 8360 Location: IL |
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It looks like a giant corporation bullying the little guy, because that's exactly what it is, at least as far as the story as we have it.
If, however evidence is produced that there was a warning issued before the lawsuit was filed then it wouldn't look so bad for the Pokemon Company. If no warning was given though, it really really looks bad that they took action the day before the party with no prior warning. That's just not smart and it will lose them some face if there was no warning. |
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Adamanto
Posts: 150 |
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...which is exactly why they have everything to win by taking this to court and getting the entire truth public, rather than just letting this guy run wild with his story all over the place. He's just hurting himself here by presenting "his story" and painting them in such a negative light. |
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Mr. Oshawott
 Posts: 6773 |
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If that were truly the case, The Pokémon Company would have gone after Mr. Jones for way more than $5,400. They just want him to compensate for the attorney and court costs that resulted from trying to get him to abandon his copyright-infringing parties. I highly doubt they sued him merely on a whim and without notice, since that would've had their case voided almost instantly. |
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