Forum - View topicINTEREST: Pokémon Uranium Fan Game is Latest Shut Down by Nintendo
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Team Rocket Elite
Posts: 36 |
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http://pokemon-uranium.tumblr.com/post/148891703820/a-few-points-of-clarification
"Nintendo has not contacted us, or sent a Cease & Desist. We chose to remove the download links ourselves out of respect for their copyright. The game is not dead. We will continue to release updates for it via the Patcher included with the Download." Nintendo has not sent a takedown notice regarding this game. |
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jlaking
 Posts: 224 |
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Why are so many clearly talented people wasting their time on fan remakes when they know or SHOULD know that they can’t legally distribute them. Seems to me like they would be better off making an indie game that’s all their own.
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Mr. Oshawott
 Posts: 6773 |
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In that case, then, my earlier post is rendered moot. Thanks for the info! 
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Stuart Smith
 Posts: 1298 |
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Most indie games go complete unknown unless it gets shilled by websites/YouTubers or there's some kind of drama/controversy surrounding the developer. If this guy made his own game it would most likely go by unnoticed, where as a fan game of a big franchise has a built in audience. -Stuart Smith |
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Kougeru
 Posts: 5529 |
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There's no reason for anyone to DEFEND companies that make games based off other's property. It's as simple as that. They used Nintendo propery to make a game. Very noticeably is the music. Anyone that blames Nintendo for taking steps against this is insane. The people that made this game are insane for thinking Nintendo wouldn't do this. I hope they go further and force all sites to remove it.
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leafy sea dragon
 Posts: 7163 Location: Another Kingdom |
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On top of that, the beginning of that video even told people to go buy the official releases. It is clear that the intent here is not only a labor of love, but that it was definitely not meant to replace any existing sales. I'd also guess they were ready to scrap this project the moment Nintendo's attorneys came near, because they knew it would happen sooner or later. I can't say the same with some other fanmade games, which feel like they were made by disgruntled fans or former fans who make a game under the idea of "this is how the games should be like." I see a lot of Sonic fangames like this. (To an extent, Freedom Planet gives off that vibe too, but they chose to differentiate the game from Sonic later on, and we see that Sonic the Hedgehog and Sash Lilac can coexist in the same industry.)
I'd disagree with that, or rather, it's on a case by case basis. Companies like Arc System Works live and die based on their fanbases. Companies like Nintendo can get by completely without one. As a matter of fact, Nintendo has long had a history of dicarding fanbases in favor of newer, more profitable ones, which has worked very well for them financially. It's when they hold on to their existing fans across console generations is when sales drop. The bigger your company, the less your fans really matter. Ferrari is way more responsive to its fans than Honda is, for instance. Robert's Gourmet is way more responsive than Frito-Lay. Nintendo is at a size where, whether you like it or not, the fans are just a drop in the bucket (though not as insignificant as they were during the Wii, where the Wii's expanded audience dwarfed the core fans by huge margins). The only industry I can think of where fans continue to matter a lot regardless of size is music due to the significance of concerts. It doesn't mean fans do not matter at all in a company's decision-making process, but that catering to your fans ahead of non-fans is a quick way to put your company in danger.
That's exactly what GalaxyTrail did, and the results are totally awesome. As for Pokémon Uranium, I think their biggest problem is that they do not have a professional artist. They have artists, but none at a professional level. You can see they took most of the existing sprites and engine right from the Generation III Pokémon games, which indicates to me that they also don't really know how to build an engine from the ground up or modify existing engines to suit their purpose. In other words, I think the Pokémon Uranium team is not complete enough to be an indie developer that can create a game from scratch, particularly since they spent 9 years at this (indicating the team is very small). |
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ANN_Lynzee
ANN Executive Editor
 Posts: 2945 Location: Email for assistance only |
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A Cease & Desist and a takedown notice is not the same thing. "we have been notified of multiple takedown notices from lawyers representing Nintendo of America." From: http://pokemon-uranium.tumblr.com/image/148889705925 The notices were not sent to the creators directly, but to websites hosting the game download. The creators removed the link from their website after becoming aware of the other takedown notices. You don't just make a game for nine years and then remove the download from your website because suddenly you want to respect copyright. They're avoiding getting into legal trouble. |
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Pesky.Soda
Posts: 12 Location: USA |
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Copyrights cannot be lost if you don't defend them, that's Trademarks. They could have just called this game Uranium and probably gotten away with it for a while longer, rather than Nintendo finding out about it immediately because it had Pokemon attached to it. |
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Gemnist
Posts: 1758 |
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Exactly. This gains them a bit of popularity in a market where doing so is extremely difficult. |
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Netto-Manjuu
 Posts: 11 |
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From my point of view, this is a shame. I don't think this would have affected Nintendo in any way. After all, it's just a fanwork. Like a fanfiction, or a fanart. If we were talking about hack roms, I could understand why all the conmotion. But these things are innocent. They weren't selling the game, and they didn't have any intention of making people believe they were working with Nintendo or something like that. What's more, they even asked to support Nintendo.
I love Nintendo's works. But I really don't like the way they treat their fans. Guess it doesn't matter, tho. They're the ones with the money. Last edited by Netto-Manjuu on Mon Aug 15, 2016 11:35 pm; edited 1 time in total |
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Gemnist
Posts: 1758 |
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For one (and the last time), Nintendo didn't take it down. Second, like Abridged series, this game in particular is (as the video says) non-profit. If it were for profit, then Nintendo would have full reason to take it down. However, with this, the game falls under Fair Use, or Section 107 of the Copyright Act of 1976. Feel free to read it yourself - that means the game can be released. The problem is that it is an American law, so Japan takes actions that contradict Fair Use - which is fine in their country but not in ours. That's what we're complaining about. It's not as bad as YouTube Red's policies, but still bad. |
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BadNewsBlues
Posts: 5936 |
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They're also the ones set to release a new set of Pokemon games in a couple of months. Which people seem to forget about for some reason, when they complain about Nintendo Pissing on the fans. It's interesting how Gamer's complain about how the publisher's and developers don't care about fans when they don't make new entries in a series they like. But when they do while simultaneously leaning on the makers or distributors of fan made games that blatantly look like they're infringing on copyrights they still don't care about the fans. Last edited by BadNewsBlues on Mon Aug 15, 2016 11:22 pm; edited 2 times in total |
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Kebble
 Posts: 70 |
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I find it amusing that kids today have grown up with the misconception that you can just take someone else's intellectual property without their permission, alter it, and then release it on the world-wide web as a "fan creation." You are stealing!
For all of you who can't wrap your pea-sized brains around that simple fact, the good news is that the game has already been released and will likely be re-uploaded on several websites by tomorrow. And, please, stop acting like fans never "take" anything from Nintendo, because that's what this is all about. |
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#838774
Posts: 158 |
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Nintendo has always been babies about their copyright. No one is confusing these games with the official games. It's not eating into the official game's sales. They're enforcing this copyright because they are nazis when it comes to their works and a certain % of their fanbase would literally eat shit fresh out of their ass because it's Nintendo and how could they do anything wrong. Nintendo has exactly 0 tolerance for fan creations. The only entity that I've ever seen more antagonistic towards the fanworks scene is Anne Rice. It's not a good club to be in. |
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jlaking
Posts: 224 |
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Just because something is given away for free, does not mean it falls under Fair Use. There is nothing education, no commentary and critique within this infringing game. They used the name and Pokemon within the game without permission. |
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