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kuroodod

Update: Patreon and Nintendo Copyright Issue

I'm tearing up as I write this. But I must apologize to everyone for what I'm about to say.

I've been ordered to remove all posts in a DMCA filing by Nintendo in order to unsuspend my Patreon. This includes images of my fursona, Kuro (Rai and Lux), comics including Legendary Tails, Size Play and Oversexed Eeveelutions...

I'm legally not allowed to post said content to my Patreon any longer... however I'm allowed to post this content to furry websites including Inkbunny, Furaffinity and others. Premium content I've promised on Patreon will be honored. Including the +500 comic pages. However I must find another primary comic that is non-Nintendo related to post from here on out.

I plan to fill the massive void that Oversexed Eeveelutions filled with another, likely original, IP that I claim as my own. And I can only pray that from here on out you guys will be on board for the awesome projects I have in store.

Sam and the gang bow to all of you for your immense support. This is not the end. It's a new beginning. Stay tuned. Though the Patreon gallery will be reset, the show will go on. My Patreon will go through some growing pains over the next few hours. I promise I won't disappoint.

 
Love Kuro.



Note: I will run a poll in the near future to gauge interests and come up with a project on a similar scale to OSE. Likely the Digimon story I've had on the side or my original IP featuring empowered animals which I'll detail and draw art for and post here and to Patreon.

Again +500 comic pages will still be honored moving forward. Posted to  http://www.furaffinity.net/user/kuroodod/ as well as my other galleries.
Viewed: 3,093 times
Added: 5 years, 11 months ago
 
fibs
5 years, 11 months ago
The most disgusting thing is that it's highly likely Nintendo did not issue this DMCA, just like the fraudulent strikes on Tumblr.

Patreon isn't about to risk challenging a DMCA just to be labelled as "supporting Pokemon porn" etc. Just about anybody with moderate effort can masquerade as a copyright owner to censor content they don't like.
Repstar
5 years, 11 months ago
knowing nintendo there is a high chance they actually did file the DMCA, remember, youtube creators are also not allowed to make money of nintendo related content unless sponsered or endorsed by nintendo, they are VERY protective of their IP's
fibs
5 years, 11 months ago
Of course they are, and protective, family-friendly companies do not bring attention to porn of their IPs if they can at all help it.
MDarrock
5 years, 11 months ago
They bought the right to a porn movie (Super Hornio brothers, I think) to make sure it never gets released. So yeah, Nintendo filing a dmca seems plausible. Still, it's an opportunity to try new things for Kuro.
fibs
5 years, 11 months ago
That is correct, but it was several decades before the public became aware that Nintendo had ever done this.

Nintendo's alleged crusade against fan art and porn is anything but discreet.
DiogenesShandor
5 years, 11 months ago
This is exactly why I try not to patronize family friendly companies if I can help it.
Keeran
5 years, 11 months ago
Yeah, Nintendo does have the right to copyright claim their IP if it’s used for-profit in any way shape or form according to US Law. That being said, it was bound to happen. It’s not like Japan where Fair Use is supported and you can make doujinshi any way you want.
But as the French say: “C’est la vie.”
fibs
5 years, 11 months ago
The United States is the only nation that has "fair use" by that name. Other nations have other infringement exceptions, many of which are derivations of the base concept of "fair dealing" (which has a similar name but is not the same concept of law.)

Japan doesn't have "copyrights" as the rest of the world understands them. Like so many other Japanese concepts, English-speakers choose what they perceive to be the closest English word, and "copyright" is the one in this case.
DoomMaGeddon
5 years, 11 months ago
Well, of course USA is the only nation with that law, as the others have different ones. What's the logic with that?
fibs
5 years, 11 months ago
Why don't you ask the morons who constantly harp on about "fair use" even when speaking solely about European law?
DoomMaGeddon
5 years, 11 months ago
Well that's their problem, no need to generalize. If they don't know a thing about what they're talking about, let them be stupid. It will only do them bad
MystBunny
5 years, 11 months ago
I don't know about Patreon, but certainly on Youtube there has been a major issue of people having videos taken down with copyright strikes on content that the copyright claimer doesn't own, but there are no consequences for filing a false claim. Some content creators have had their own personal creations taken down from copyright strikes and Youtube is doing fuck-all about it. It's very possible the same thing could be happening on Patreon.
Redd56
5 years, 11 months ago
Youtube.mp4
fibs
5 years, 11 months ago
It's possible to have copyright strikes reversed, though. The exploit is not only that Youtube takes all strikes at face value (which it does), but also that many creators have been miseducated to feel powerless and don't bother to contest them. It's an intimidation tactic.
Kyrn
5 years, 11 months ago
There's just one issue though. If anything, it should be the Pokemon Company requesting the DMCA, not Nintendo. That immediately makes it suspect.
fibs
5 years, 11 months ago
As a controlling share owner of The Pokemon Company, Nintendo is a perfectly suitable name to see on copyright claims related to Pokemon, just as GameFreak or Creatures would be.

I just doubt they would go after anything pornographic in such a public way unless they absolutely had to.
dossant
5 years, 11 months ago
" Repstar wrote:
knowing nintendo there is a high chance they actually did file the DMCA, remember, youtube creators are also not allowed to make money of nintendo related content unless sponsered or endorsed by nintendo, they are VERY protective of their IP's
boy I sure do love all my copyrighted content https://www.youtube.com/watch?v=p5eoOLaBR9Q
Coeal
5 years, 11 months ago
can Ninendo and Sony seriously, please, come out of the dark ages? :(
as for Patreon, no surprises there. they like to pretend they know what art is and should be.

is Oversexed Eeveelutions still continuing via ko-fi or other donation sites? i hope to see it continue.

hope all goes well for you v.v
Raverwolfboi
5 years, 11 months ago
Yes. Nintendo should come out of the dark ages of having their family friendly name soiled by a NSFW comic, specifically one gaining somewhere in the hundreds or thousands of dollars a month.

In all seriousness. If they dont keep their image as clean as possible, some concerned mother is gonna ask why their teenage son bought a sex comic from nintendo, not knowing it was from Nintendo.
DiogenesShandor
5 years, 11 months ago
If it were up to me all the overprotective parents in this country who are concerned about sex and violence in the media would all be rounded up and thrown into the middle of the ocean, along with the religious leaders and copyright lawyers
TkTakaishi
5 years, 11 months ago
I am sorry to hear this chu~ You will always have my support!
R3DRUNNER
5 years, 11 months ago
Stop hosting your art on Patreon and host it on a private server/SFTP webhost/discord server. This is the only way I'm able to operate my Patreon.
Coeal
5 years, 11 months ago
another artist i follows that does cub stuff did this. Patreon  still banned them for hosting the images offsite stating "we can not take any risk of being held reliable for pledged money" or some other such nonsense. here is a link to their journal
https://inkbunny.net/j/357780

so even hosting off site is an offence to Patreon, which is absurd.
xephion
5 years, 11 months ago
Yes they always had this rule is not new BUT they will only use it if the material can be prove that its being funded by patreon in hes case(the one in the journal you posted) i told him thousand of times to stop doing polls on the patreon itself and in the description he kept mentioning patreon so (not a link but mentioning patreon) but im seeing that this could be the latest crazy nintendo dont understand the internet thing so yeah i think is safer just not do nintendo characters on patreon. This needs media attention so nintendo, the guy posing or patreon stop doing it because this is another wave of censoring that is gonna get worse if we dont do something and this one is way worse
GrantBell
5 years, 11 months ago
theres no "censoring" going on here on anyones part. this is a legit DMCA claim from a company using it exactly how it should be used. they dont want their property used to make money. and lets be honest,
A) just because you give Pokemon genitalia doesn't make them your IP.
B) alot of Kuro's comics oversexed eeveelutions especially features pokemon that have no transformative natures other than genitals
im a huge fan of Kuro, have been a reader of his comics for about two years. but people just gotta chill with this "kill nintendo for protecting their IP" business. kuro will find another way to host his comics and art, they will find another way to monetize it if not through patreon then somewhere else.
evoyager
5 years, 11 months ago
I feel for you. Just trying to share your passion with the masses can be tough in this. Day and age
FennyFen1
5 years, 11 months ago
You can still continue oversexed eeveelutions here and FA right? It’s just Patreon where your not allowed anymore.
MarcusKoopa
5 years, 11 months ago
Actually? No. Now that the eye of patreon is upon them, the chu can't post ANYTHING pokemon related anywhere. Patreon has a very nasty habit of scouring someone's history and related sites for anything that violates their terms of service. Even when it doesn't apply. Any excuse to purge.
FennyFen1
5 years, 11 months ago
What why? That’s like saying that their gonna go to every single person in this world and tell them to stop drawing porn out of Pokémon, that is so stupid and so unrealistic Their isn’t no way to stop doing that, that’s impossible.
MarcusKoopa
5 years, 11 months ago
Yep. It's retarded and wasteful, but it's what Patreon does. Once you start using them, they can monitor all your internet activity.
FennyFen1
5 years, 11 months ago
They should mind their own business that’s what they need to do, why the fuck would they trace you down just because you drew porn and upload it on patreon? If anything they should just not allow it their and no where else.
MarcusKoopa
5 years, 11 months ago
Honestly? It's equal parts moral crusade and ass covering. They want to purify unwanted forms of porn on one hand and on the other they want to make sure there's no way any company with the power to sue them into the ground would have a basis to do so. There's no reason for them NOT to persecute someone to the full extent of their power since most people don't know they do it and they have a near monopoly on the "pay an artist monthly" economic niche.
xephion
5 years, 11 months ago
He shouldnt be worry about that as long as hes  content is not linked to patreon or funded by patreon. Patreon wont strike it but more impirtantly it will not fall under copyright law anymore since it wasnt made for profit. At least not anymore. Nintendo only attacking patreon creators because is easier to claim is not under fair use since tgey use the exact names and creatures
Mewtwolover
5 years, 11 months ago
" BenjaminKoopa wrote:
Yep. It's retarded and wasteful, but it's what Patreon does. Once you start using them, they can monitor all your internet activity.
Sounds like they're using tracking cookie like Facebook does. It's impossible to monitor someone's internet activity without some kind of spyware.
fibs
5 years, 11 months ago
I doubt it. Patreon would still need to manually scour any page of yours uncovered by "automated" cookies.

No, Patreon is more likely to just take strangers at their word when they make accusations against you and claim to be from Nintendo.
DoomMaGeddon
5 years, 11 months ago
Monitor your internet activity? Oh please, don't make me laugh. That's pretty illegal, and if they're taking down anything that is requested as copyright to not get legal problems, I doubt they'd put a spyware on their users.
MarcusKoopa
5 years, 11 months ago
Why not? The companies that are big enough for them to worry about are big enough to SUE Them. The users are just starving artists, furries, and e-celebs. They're lucky if they can afford ramen half the time, let alone a lawyer. Something is only illegal if the victim can take action against you and when your client base is helpless to stop you....
DoomMaGeddon
5 years, 11 months ago
I'm not talking about the users sueing them. The users are not the problem for these companies.
Spooderdoodler
5 years, 11 months ago
They still have to comply to the terms of the DMCA, they're not gonna make him purge stuff here or on other sites. As long as that stuff is kept to non-profit sites like this, it will be fine.

Additionally, with FA's new shiny system, there's a good chance Kuro can still get money from posting OE indirectly.
Rinzy
5 years, 11 months ago
I have doubts the shiny system will last long; it's still based on PayPal and everyone knows their relationship with adult art. It's only a matter of time before people's PayPals start getting locked because their art is NSFW.
ChimChim
5 years, 11 months ago
Actually? Yeah they can. Unless they make an IB account, but you can read the descript as well too. I think the wording is fairly clear there.
MarcusKoopa
5 years, 11 months ago
Honestly, more than likely someone from IB who's jealous will snitch for them. Never underestimate the power of sour grapes.
PurpleDragon2000
5 years, 11 months ago
NO NO NO NO!!!!THOSE MOTHERFUCKERS THEY CAN ALL GO DIE!!!THEY WANT TO DESTROY OR LOVED COMIC.I HOPE THEIR COMPANY GOES IN RUINS.THOSE FUCKING ASSHOLES
DoomMaGeddon
5 years, 11 months ago
Jesus Christ, relax before you kill the first person you see
PurpleDragon2000
5 years, 11 months ago
I dont want my favourite comic to go neither legendary tail.Nitendo can go fuck it self in the ass.Fucking digenerates.Also no more pokemon here?
Raverwolfboi
5 years, 11 months ago
Boi wtf. Go outside. Breathe fresh air
PurpleDragon2000
5 years, 11 months ago
It means I care about the comic And Kuro so dont come to me like that
DoomMaGeddon
5 years, 11 months ago
Still, go outside, breath fresh air and calm down.
DiogenesShandor
5 years, 11 months ago
Seconded. I'm not buying any more of Nintendo's products.
PurpleDragon2000
5 years, 11 months ago
And to think I was planning to get a switch just to play Zelda Breath Of The Wild but now after this Hell Naw!
Nekazzy
5 years, 11 months ago
Dude, use CEMU instead. That's what I do.
PurpleDragon2000
5 years, 11 months ago
Trust me if my laptop could handle it and not heat to the point of exploding I would.Also dont you need a wii u game pad controller code for something?
Chrisicefallenmoon
5 years, 11 months ago
More crap of companies crapping on the little guys

I SUPPORT YOU KURO THIS IS WRONG FROM WAY BACK
Chrisicefallenmoon
5 years, 11 months ago
Also they are full of crap they have doujins of the Pokemon girls and Pokemon they just want their cut
MarcusKoopa
5 years, 11 months ago
If you want to keep using patreon, you're going to have to purge your porn. It's the only way. They're going to go back through every site you're related to or have linked to in order to find things that violate their terms. Or look like they might. You've somehow managed to piss someone off and they will hunt you down with a VENGEANCE. You're going to have to jump ship to another payment system if you want to keep doing X rated work.
RobbieHaruna
5 years, 11 months ago
It's less about the porn and more about the money being made.

I'm sure if there was no porn in it, someone making a ton of money off of a pokemon comic would eventually catch attention. Especially if it's been going for 3+ years.
MarcusKoopa
5 years, 11 months ago
... you're kidding, right? Patreon is about 90% copyright dodging artists. Someone mentioned inkbunny and that brought up the dreaded C word and patreon shit themselves and scrambled for damage control. Now Nintendo themselves? They'll attack you if they think you're even CONSIDERING using their IP. Even if not for profit because they, like just about everyone else, has no idea how the hell copyright law works and they don't want to risk losing an IP by letting someone else claim it.
RobbieHaruna
5 years, 11 months ago
No, they won't. Because otherwise we'd see MUCH more DMCA takedowns on Nintendo stuff. Including Pokemon porn.

The reason the patreon ones specifically got targeted is because they were making a lot of money off it.

And it's not like Nintendo just prowls patreon for shits and giggles. Someone probably raised a fuss to patreon, which then caught Nintendo's eye. Which makes a lot of sense considering it took three years for the comic to get any copyright claims.
MarcusKoopa
5 years, 11 months ago
They DO prowl around for shits and giggles. They've busted several non-profit games. Like Pokemon Uranium, Samus Returns, and some other games I can name off the top of my head.
RobbieHaruna
5 years, 11 months ago
AM2R? Really?

I thought everyone was plenty aware by now that AM2R was given a cease and desist because Nintendo was already working on a Metroid 2 remake of their own, and thus it would be competition.

Pokemon Uranium is a bit more of an iffy area, because had they not used the Pokemon namesake, or any official Pokemon they probably wouldn't have had anything to worry about (most of their Pokedex was original anyway, they may as well have just made up a handful more.) But also because Pokemon fangames never really compete with the main series anyway because they're all self contained. The Pokemon you get in these fangames can't be transferred forward to anything.
MarcusKoopa
5 years, 11 months ago
It's not about competition. There's a strange legal loophole in IP where if you let someone else use your property for anything, they can claim it. And Nintendo is TERRIFIED of it happening... even though no one really knows it can be done or how to go about it. It's not like a hard copyright, but more of a strange legal grey area due to the sudden explosion of the information age onto a legal system built mostly in the industrial era.
PurpleDragon2000
5 years, 11 months ago
Just assaulted nintendo and Im fucking PROUD of it.They can go suck a Dick
RobbieHaruna
5 years, 11 months ago
You seem to have anger issues.

It sucks that the comic got taken down, but it's also within Nintendo's legal right to do so, because no small amount of money was being made off of a comic about their IP.

I'm sure your "assault," doesn't accomplish anything though. One guy bad talking them over the internet isn't going to change anything.
PurpleDragon2000
5 years, 11 months ago
At least the comic isnt down for the count
RushTheWolf
5 years, 11 months ago
Diives has been hit like this too. If he can get out of a slump like this, you can too. We'll keep the memories of Sam and the others in our hearts as you try to think of something else.
Weiss
5 years, 11 months ago
Solution: Shove a big fat anchor up Patreon's ass, proudly announce that they are all cunts so fuck them all  and move to something else like Ko-Fi or Subscribestar. Patreon is terrible for XXX artists and the faster said artists move away from it the better
thefluffiest1
5 years, 11 months ago
My entire problem with the idea of DMCA take downs for parodic work is that Nintendo won't make pokémon porn themselves! There's a demand and they refuse to make it but won't allow honest, hardworking content creators to make it, either. I wish someone with the legal clout to take on Nintendo would challenge the copyright on the grounds that they're wasting the intellectual property rights and withholding an in-demand product.

I say don't stop; move to SubscribeStar and don't look back. I, for one, would love to see more oversexed eeveelutions, and I can't imagine being alone in that. You've got this, we're all with you.
Weiss
5 years, 11 months ago
What Nintendo doesn't want is people making MONEY from their IP. I can almost 100% guarantee that if Kuro did not use Patreon and drew the content without taking a cent for it, Nintendo would NOT care
PurpleDragon2000
5 years, 11 months ago
Well thats for sure
thefluffiest1
5 years, 11 months ago
It's an odd thing, and I'd honestly love to talk through a thought experiment or two on this to explore the motivation of Nintendo to quell the profitability of pokémon porn, but I'm supposed to be working.

Instead I'll offer some fuel for thought: based on the epigenetics explored in the game theorists episode on eevee and the mutagenics well established to be canonical on Mobius as well as the mutagenics of Ooo, perhaps some doglike species of an AU Ooo/Mobius/Erf (you can have Erf, I think it's from a weird song, anyway) has epigenetics that are distinctly not, for the sake of example, sylveon but a flesh tentacle puppo by any other name.

For some reason the thing that sticks out to me about sylveon is that it has strange ribbons that are prehensile. Anybunny else think too much about that?
BookerTW
5 years, 11 months ago
This is exactly the point everyone crying foul doesn't understand, they can play the victim all they want but at the end of the day they are making a profit off of someone elses IP, without permission. It's both funny and annoying at the same time, lol.
DiogenesShandor
5 years, 11 months ago
I don't see how that makes them not a victim. I see how it makes what they were doing illegal, but that's not at all the same thing. They're every bit as much a victim as a person who gets arrested for smoking marijuana.
Mewtwolover
5 years, 11 months ago
So much this.
Tigerfestivals
5 years, 11 months ago
I'm pretty sure that parody is protected even if you make money off of it. Otherwise stuff like Robot Chicken, South Park, and Scary Movie wouldn't exist. Though perhaps some of those pay royalties/rights? Unlikely given how many things they parody and how frequently it is done, though.
Weiss
5 years, 11 months ago
Royalties seems like a legit happening. and besides, those aren't porn. Crude and juvenile at best but not actual porn. Nintendo has an image to maintain after all. There was this porn parody of the Mario Brothers that did it's best to comply and stay within Fair use. Names were changed, everything that could be trademarked was changed. Know what Nintendo did? Bought the rights to the movie and prevented it from ever being released
Raverwolfboi
5 years, 11 months ago
This really isnt a parody. A parody would require it to be in the style but not using official characters. So if he made a comic about say, his mascot OC plus other fan pokemon in that style, it would be a-pk. But he used officially licensed pokemon in a sexually explicit way, sold physical copies of such not even mentioning nintendo, and didnt think anything would happen.
fibs
5 years, 11 months ago
Nintendo could not give less of a shit about other people making money.

Nintendo cares about Nintendo making money, which is threatened by things like wildly successful pornographic romps featuring the most popular characters from their single-largest child-focused franchise.
RobbieHaruna
5 years, 11 months ago
The thing is. It's not really about the porn.

If it wasn't something they were making profit off of, Nintendo probably wouldn't have paid the comic any mind.
JFixer
5 years, 11 months ago
Well...that's fun. This is the second time the Pokémon Company and Nintendo ruined something that I loved.

First being Pixelmon in Minecraft.
PurpleDragon2000
5 years, 11 months ago
Don't blame the whole pokemon company.Every time that there was a strike  either in a game or a patreon it was always nintendo not the other two companies that have the pokemon company only fucking Nintendo and because of them we are gonna lose everything related to pokemon from kuro.
JFixer
5 years, 11 months ago
Well, they seem to be simply decentivizing the idea of creating these works. At least they are not trying to stop Kuro from making  his art...merely stopping him from profiting from it.

When it came to Pixelmon, however...the Pokémon Company and Nintendo (both) gave the creators a cease and desist. I am certain money was not involved with Pixelmon (openly available for download for the gouging price of free), but I don't know the whole story.

Kuro, my sympathies. Please continue making content. Your unique art style is fantastic, if I may say so.
PurpleDragon2000
5 years, 11 months ago
Okay wait he released them for free and they cut him off?
JFixer
5 years, 11 months ago
As far as I know? Yes, Pixelmon was distributed for free.

Now, if people were forcing people to pay for access to their Pixelmon modded servers? That could cause an issue with Nintendo and PC. But I do not think that is the case.
SilverwingFox
5 years, 11 months ago
Don't forget Pokemon Uranium and AM2R - both fan projects that the creators were not going to profit from anyway and were still taken down.
Mewtwolover
5 years, 11 months ago
Actually Pokémon Uranium is still alive
otaking3582
5 years, 11 months ago
This is even worse than Nintendo telling ROM sites to shut down when Nintendo themselves doesn't own the rights to every single ROM in existence!
PurpleDragon2000
5 years, 11 months ago
They are just dick heads who think who own everything.
Raverwolfboi
5 years, 11 months ago
They... do own pokemon? Like. Actually 100%?
PurpleDragon2000
5 years, 11 months ago
Yeah I know that they own pokemon Im not a moron you know but they arent the only company that runs pokemon you know.Game Freak and Creatures are what nothing?
fibs
5 years, 11 months ago
Well no.

Nintendo fully owns all Pokemon trademarks (which gives them full control for all practical purposes), but they are one of three owners of the copyrights.

The copyrights belong directly to The Pokemon Company, which was founded for that explicit purpose. Nintendo, GameFreak, and Creatures Inc. are the three controlling share-owners.
Mewtwolover
5 years, 11 months ago
Nintendo's crusade against ROM sites was epic fail, you can still find ROMs easily.
otaking3582
5 years, 11 months ago
I have managed to find other ROM sites, but I wouldn't say that the process was "easy".
DoomMaGeddon
5 years, 11 months ago
I did too, and it WAS easy.
otaking3582
5 years, 11 months ago
How?! Simply googling for the ROMs I wanted just brought me to sketchy websites full of malware, and it wasn't until some people on the comments section of a YouTube gave me suggestions for ROM sites that I was able to find anything
DoomMaGeddon
5 years, 11 months ago
Well, sometimes you need to be witty and use other languages
otaking3582
5 years, 11 months ago
Ah, okay!
DoomMaGeddon
5 years, 11 months ago
Lloxie
5 years, 11 months ago
Fucking copyright trolls can die slowly in a fire >.@
Weiss
5 years, 11 months ago
They aren't trolls. In Nintendo's defense, they own the Pokemon IP and when others are making money off it, Nintendo have EVERY RIGHT to shut them down. If Kuro was not making money of it, Nintendo WOULD NOT CARE
PurpleDragon2000
5 years, 11 months ago
Yeah but its not only nintendo who is in the pokemon company.The pokemon company is Nintendo, Creatures and Game Freak.Therefore Nintendo has no right to suspend people that use pokemon content on patreon or other platforms from the time that not all three companies agree.So no it has no rights over shit.
Weiss
5 years, 11 months ago
Actually no. While the copyright i s shared by all three companies, the trademark is owned solely by Nintendo. anything related to Pokemon is trademarked by Nintendo and they hold every right alone of that trademark. So yes, they DO have rights over it
PurpleDragon2000
5 years, 11 months ago
I call Bullshit on them
QueenSaryala
5 years, 11 months ago
It's not bullshit. Especially think of it if it was you who created a popular IP and are making money from it, but another person starts using it in ways you don't want it portrayed and makes money off of it to. You'd be in your full right to be upset and want to shut them down.
PurpleDragon2000
5 years, 11 months ago
Maybe I would mind maybe I would't.But these old assholes are taking things too far with this bullshit so yeah it is bullshit and that doesn't change for me or poor kuro that he got suspended like diives because of FUCKING Nintendo.
QueenSaryala
5 years, 11 months ago
It wasn't nintendo thst suspended him. Thst was patreon's decision. Nintendo was informed that someone was making money off of their IP and they don't care in what form. Their department that handles this sort of thing sent the DMCA. Nintendo's leadership didn't personally go out to attack him. It's a reflexive defense of their property.

Also, yes, you absolutely would be mad if you made something, and someone else used it without your permission to make money from it and you not see a cent. Don't try to pretend you wouldn't just to support yourself.
PurpleDragon2000
5 years, 11 months ago
And thats why its not even worth it to stay on patreon cause they are getting more toxic as time goes on
QueenSaryala
5 years, 11 months ago
That we agree on. Patreon feels like it's been getting more and more problems over its existence. Never felt like making one myself cause I just didn't feel like I had premium content to offer people for the pledges. But knowing patreon's really fast reactive process to suspend people for getting flagged for stuff. No thank you.
PurpleDragon2000
5 years, 11 months ago
Now you talking my language mah boi
fibs
5 years, 11 months ago
Oh my god that is not how that works lmfao

You're correct that Nintendo is one of three owners of the copyrights. Your mistake is thinking that they all have to agree to prosecute a copyright infringement.

The actual truth is that any one of them must explicitly license the copyright, or else any one of them can prosecute the infringement without any consultation with the other two.
DiogenesShandor
5 years, 11 months ago
No, they only have the *legal* right to do so. They have absolutely no moral right to do so. Conversely, Kuro has a moral right to do what he's been doing but sadly lacks any legal right.
Weiss
5 years, 11 months ago
Law trumps morality. And no, Kuro doesn't have the moral right as he doesn't own the characters. Isn't it immoral to make money out of someone else's intellectual property? Yes, yes it is
DiogenesShandor
5 years, 11 months ago
No it isn't immoral. What Nintendo is doing is immoral. Intellectual property is immoral. Nobody has the moral right to restrict other people's free speech and expression, and nobody has the moral right to cheat the consumer by creating a monopoly on a product or artificial scarcity.
Weiss
5 years, 11 months ago
That's...not how the world works. I'm not going to waste my time trying to explain how the world works to someone who is obviously way too young to even be on this site. Gt off the hate bandwagon for just a second and get educated. Saying intellectual property is immoral is probably the dumbest thing i read today. And i read a lot of stupidity today
DiogenesShandor
5 years, 11 months ago
Just because it's not how the world works doesn't mean its how the world *should* work. Why should I care more about some big corporation's ability to squeeze a few more dollars out of the market than about people's ability to express themselbes and the consumer's ability to get products cheap. I hope Nintendo goes out of business (like seriously out of business, not bankrupt, not acquired by another company, the kind of out of business where the all stockholders lose their entire investment and all the employees lose their jobs)
Weiss
5 years, 11 months ago
Because freedom of expression has LIMITS, just like every freedom has limits. Freedom of expression is all fine and dandy BUT that doesn't make it alright to make money off of what someone else created and holds the rights to. Seriously, educate yourself for once
Lochcelious
5 years, 9 months ago
I feel you. Some people are just abrasive in their replies is all
link137
5 years, 11 months ago
Just a thought but have you considered moving to discord? Like have a patron and all that but have all your copyright content only on discord. Such as oversexed
BrokenPupper
5 years, 11 months ago
There's always another way to this. There. Is. Always. Another. Way.

Best I can think of right now is Ko-Fi support or post thumbnails of an incoming page linking to the comic. Still, there is another way through this.
malfestio
5 years, 11 months ago
That's really bad, I'm so sad to read this, but there's no choice~ I'll continue supporting you ~
RenegadeX557
5 years, 11 months ago
Once again another fat-headed corporation stomps through an honest artist's work going "SIEG HEIL COPYRIGHT! SIEG HEIL COPYRIGHT"

For foos' sake, Copyright was meant to be a SHIELD! Now people are freaking using it as a poisoned dagger!
Weiss
5 years, 11 months ago
It's being used correctly here actually since Kuro is making money trough Patreon using Nintendo's IP. So before you accuse them of being Nazis, analyze the situation completely
Killereye
5 years, 11 months ago
Bummer. Stay strong, Kuro!
XaveKNyne
5 years, 11 months ago
SHYT! : / Damn the sucks so bad!
TheLastGasp
5 years, 11 months ago
At least sam gotta be a dad before it died. Sorry to hear
iconofsin888
5 years, 11 months ago
File a lawsuit against them. Join legal forces with the creators of Pixelmon and the others affected by their illegally ruthless copyright.
Weiss
5 years, 11 months ago
Filing a lawsuit against them would do NOTHING. Not only do they have enough money to hire the best lawyers BUT in this particular case they are in the right as Kuro was making money of their IP. If Patreon and money was not involved, Nintendo would NOT GIVE A SHIT
Singemylover
5 years, 11 months ago
You could go with Digimon as a new comic series.
PurpleDragon2000
5 years, 11 months ago
Well actually he was thinking about making a digimon comic before but he wasnt able to
Singemylover
5 years, 11 months ago
Why wasn't he able to?
Singemylover
5 years, 11 months ago
Why wasn't he able to? Same issue as his Pokémon comic?
PurpleDragon2000
5 years, 11 months ago
Nah he just had too many things on his mind to do
Pikachu32
5 years, 11 months ago
I've seen others head to ko-fi as well after a Patreon takedown like this, completely abandoning it. Anyways, I'd love to see OSE continued somehow.
DiogenesShandor
5 years, 11 months ago
I agree. Shake the dust from your feet and move to a more reasonable venue.
Spooderdoodler
5 years, 11 months ago
I heard about this yesterday and I'm so sorry this happened to you man. My best advice for you that others have talked about with your situation is to diversify in the future. If you are able to get your patreon back into running status, you can likely continue with another main comic and simply do OE on the side for free. Whatever works for you without overwhelming your workload and following the terms of the DMCA you got. I highly, highly suggest your go forward with your original idea as the main work on patreon, and simply keep copyright materials here and on your other sites.

As much as I'd love to see more pokemon comics and see you try the digimon comic, if you go forward with your main source of income being another comic with characters you don't own, you risk this happening again with digimon. They're less likely to do it compared to nintendo, but the risk is still there. Hopefully you can find a way to pick this up again and keep going with Patreon, and hopefully your fans will still support you even if you're now drawing something else.
PurpleDragon2000
5 years, 11 months ago
This is really major for our boy here cause OSE was his main income on patreon so doing it for free he would probably not like the idea and also with Legendary Tail.It started and now it ended again for a bit and now it ended permanentely probably.I mean he can still do it for free here and post the original resolution like before it was made patreon only and start on his Digimon idea that he wanted to do 2 years ago I think or 1 can't remember for sure though.And he can have his patreon as it is but in tip jar mode with all his patreon still supporting him while all the pokemon content gets posted here in original quality for free like before.Mainly the comics were anyways.
Petokikka
5 years, 11 months ago
Some creators have been going with the tip jar mode after these kind of issues. Patreon just doesn't like it when they aren't fully aware where the income is going especially if the actual content is hosted outside of the Patreon. Would totally love to support continuation of OSE if it would happen in some other platform like Ko-Fi or SubscriberStar.
Rakuen
5 years, 11 months ago
That's not good news of course but does it really change anything? You just can't post that content on Patreon but you can post it on SoFurry and Inkbunny. And once you've removed it from Patreon then your account can be reactivated. So you can still get support coming in and still post all the artwork, just on one site less. Maybe no premium content or premium content gets shared through an email mailing list. It just seems to require a small change in procedure.

I certainly hope you won't stop creating the content you've been creating all these years. It's really good stuff.
Petokikka
5 years, 11 months ago
Why you out of all the hundreds of creators who draw Pokemons! Nintendo sure is very inconsistent with these. They have right to do this but I'm quite sure this has more negative than positive effects. This is just not how you manage community that buys your stuff. It's not like Kuro took anything away from them since Nintendo doesn't release any porn.

Looking forward to your next project Kuro! You came up with OSE so I'm sure you can come up with something unique.
PurpleDragon2000
5 years, 11 months ago
Yeah thing is that nintendo probably hunts down artists with high income from pokemon art
Weiss
5 years, 11 months ago
" Samvods wrote:
Why you out of all the hundreds of creators who draw Pokemons!


Because Kuro is making money off their IP. THAT is the big issue here
PurpleDragon2000
5 years, 11 months ago
Thats what I said in a way
RustyTheWolf
5 years, 11 months ago
I'm looking through all of these replies and you just so happen to be on almost every single one of them. Do you get out often?
Weiss
5 years, 11 months ago
I do actually, been out of the house all day. Currently it's midnight for me and i don't make it a habit of going out at night so...yah
Akaku8
5 years, 11 months ago
How about you do what Felino does and use Ko-fi instead,as Felino is also a pokemon porn artist. (Though he does anthro instead)
Hope you get better!
I'll still suport of the day!
KitRyuu
5 years, 11 months ago
Well there is a bright side I guess. Apparently your work had a significant amount of reach for anyone to bother targeting it. I’m sure whatever original IP you end up making will be fantastic and I’m looking forward to it.

Also between digimon and original IP I think my vote would be original IP
ScottySkunk
5 years, 11 months ago
Im going to miss oversexed eeveelutions. Nintendo really is on a copywrite frenzy lately
Killereye
5 years, 11 months ago
And then Nintendo steals the brand "Dynamax" and uses it freely in the newest Pokemon game! IRONY! XD
ScottySkunk
5 years, 11 months ago
Hypocrisy is a standard of big business.
Killereye
5 years, 11 months ago
New layer just employed by Nintendo: - So...what resources we can use to defend us against any sort of cases.
*Nintendo shows the new layer the budget limit of a normal case*
New Layer: - Oh my God! That's enough to buy half of Dubai...TWICE!  D:
*camera zooms out from the room and out from the building, while evil laughter echos all across the town...*
RobbieHaruna
5 years, 11 months ago
Dynamax is probably either getting paid to use the name or the name isn't copywrighted to begin with.

Given the dumb things people have tried to sue Nintendo over in past years, I somehow doubt Dynamax wouldn't pass up a chance to do so if they were able.
Killereye
5 years, 11 months ago
Big companies think highly of themselves...Then McDonald's goes and attacks a food chain consisting of only 100 stores somewhere around the UK...and loses the case and the right to use the name BigMac all around Europe. Talk about losing in court and losing face! XD McDonalds was greedy, and wanted to hurt the competition and stole their customers. Instead, they've lost their right to use their own brand...Big Companies make mistakes as well. I am not at war with Nintendo, but they better cover their asses nicely, or risk loosing in court. They aren't immune to copyright laws, despite the size of their business! :/
RobbieHaruna
5 years, 11 months ago
I mean, Nintendo isn't going to lose the right to use their own brand. There's a zero percent chance of that happening.

The worst case scenario is they need to change the name of dynamax and pay some fees (assuming it's copyrighted to begin with.)
Killereye
5 years, 11 months ago
Dynamax (lubricants and oils) is indeed copyrighted in 2004-ish as a new kind of brand of product.

I just see a chance of Nintendo loosing some greens over such a little thing as not googling the word Dynamax before using it...or they did and bought it already. Who knows?
BizyMouse
5 years, 11 months ago
prolly not worth taking to court even though you're not using any nintendo trademarks or IP. All your work is copyright you.
darkenedshadow1600
5 years, 11 months ago
...What?
BizyMouse
5 years, 11 months ago
Furries couldn't understand how copryrights work to save their life, and neither does patreon. But it's not really their job to is it. A copyright judge would throw this dmca claim out. You just have to be willing to fight. And maybe this isn't a battle worth fighting.
GreenReaper
5 years, 11 months ago
Actually, Eevee is a registered trademark now (or very close to it). Whether OSE could be defended as being out of the registered classes is debatable (actually, I would be amused if an opposition was filed based on OSE as a pre-existing work 😼), but to me it does seem to be trading on their work, if not "passing off".

Their case would be a lot stronger if they licensed official porn, of course.
CaffienatedCheese
5 years, 11 months ago
kuroodod
kuroodod
contact dreamertooth. your stuff is protected under USC section 17 as  transformative, fan-made works of blatant parody. I PM'ed you and sent you a twitter DM to try and make sure you get this.
ern
ern
5 years, 11 months ago
That doesn't really matter... This is a legal action that would require actually taking your defence to the courts which would require flying to where ever that may be to defend yourself. This would require lots of money as a Large corporation has lots of. AND even if you're in the right, you'd have to present this type of content to possibly a very conservative judge with high Christian values... I really don't see anyone like that having a neutral bias towards Oversexed Eeveelution. The money out of pocket in both situations wouldn't be good.
PizzaKing64
5 years, 11 months ago
No shit. lol
Raverwolfboi
5 years, 11 months ago
Lol its not parody. I can guarantee it
Taticub
5 years, 11 months ago
Perhaps make a parody version of the comic(course even I don't think parody versions of company owned IPs is a strong case).. Or you have have to completely redesign all the characters where it doesn't look copyrighted. The people who did the MLP fighting game was a victim of Hasbro's copyright claim and they pretty much redesigned the characters in a similar universe and it worked for them.

It's a shame this happened but it was the inedible, specially with how protective Nintendo is about people profiting off their own IP Otherwise, you would have to be draw these comics for free

Anyways this is just a roadblock in life, I hope for the best you come with a solution to continue your series where Nintendo or in the future with Digimon, Hasbro (I think) Won't get in the way again
Weiss
5 years, 11 months ago
See the problem here is money. I am 100% sure that if money(As in Patreon) wasn't involved, Nintendo would NOT give a shit about it
Taticub
5 years, 11 months ago
pretty much yeah. You cant profit off of other's property and not expect it to be reported by the original owner and made to take it down. That's like when someone steals your character ans pretending to be that character except with the person profiting off your property.
MadelynClouseau
5 years, 11 months ago
God that's all such a fucked up thing XOX I feel like I'd been hearing this happen more often as of late......... Nintendo may make pretty decent games, but when it comes to their fans, They just kinda fuck em off :// It really sucks that this happens XOX You have my deepest condolences.........

At least you can still have the stuff posted here and you don't have to delete it all >o< It could always be worse......... Probably.
SassyAfterDark
5 years, 11 months ago
Hey, if you ever need help conceptualizing a new IP, I'm filled with pointless ideas that I'll never be able to get off the ground. Take care mate. Sorry this had to happen.
Dragon333
5 years, 11 months ago
i can believe it, that somebody try to sabotage your creativity it´s one of the biggest crimes ever!
Ravi
5 years, 11 months ago
God I can't imagine what you're going through right now.

Does this mean OSE won't continue anymore or just won't be posted on patron anymore?
SuperSquirrel
5 years, 11 months ago
Really sorry to hear that you've been slammed by this. You're an excellent content creator; your characters have depth and you can write a good story that has a very... pleasing cover. Using the popular eeveelution designs was an effective way to hook people into your story, and as we now know, were clearly an important point of your story.

I do hope you find some way to continue this comic in your means, i've grown to like it so much. But if it's just not possible, I still wish you all the best in your upcoming works!
disposedbun418
5 years, 11 months ago
disney is pretty strict with their stuff too, but you can do what somebody else does and have it so if somebody pledges a certain tier, to friend you on inkbunny to view friend only posts. I know a couple of people who do this and it seems to work out well for them, but the downside to it is having to keep track of all people who are pledged for that role. Patreon only said you can't post it on their site, so just change the way your patreon is presented so it doesn't say you're making OSE and instead just pinups or art. Others also suggested discord which would also be fine. Though I don't know how patreon feels about empty patreon pages, so you'll probably have to fill it up with some safe content that's not nintendo on the site, though there are a couple of creators who haven't posted on patreon for almost 2 years but only post in discord and they've been safe so far.

But as also others said, it's a porn parody and you could possibly get away with dismissing the DMCA under fair use, but it depends on how well you used fair use, but there's still a chance to dismiss it. Hell, if palcomix and mobius unleashed are still around where you have to pay to view pokemon porn, you could do the same.
Weiss
5 years, 11 months ago
" blackmoon441 wrote:

But as also others said, it's a porn parody and you could possibly get away with dismissing the DMCA under fair use, but it depends on how well you used fair use, but there's still a chance to dismiss it. Hell, if palcomix and mobius unleashed are still around where you have to pay to view pokemon porn, you could do the same.


No he can not. As long as he's making money using Nintendo's IP he can NOT dismiss the DMCA claim as it's not under fair use. The second that money is involved it stops being fair use
disposedbun418
5 years, 11 months ago
Don't know why you ignored the second part of my comment, but Mobiusunleashed and Palcomix have been up since pretty much the early 2000s. You need to pay to access their sites which consist of Pokemon, MLP, Digimon, Sonic, and a multitude of other popular works. Right there you have paid porn copyrighted from Nintendo, Hasbro, Bandai, and Sega, and possible many more large companies like Disney. Tell me, if they were able to live so long with money involved, then why can't Kuroo? You tell me. Most likely, it's because Patreon is the issue since they themselves have become very strict with what's allowed and are too afraid of being burned, so they nip the creators before any large company can attack them and hope the creator complies without further questioning since that's the best case scenario for patreon.

As long as the content isn't a blatant copy and paste with minor changes, a creator should be fine under fair use, even with money involved. Since it's porn and nintendo doesn't produce porn, it can't negatively affect nintendo in anyway since there's no case of not having to pay nintendo for porn because there's a better creator out there that can potentially steal their income. That's already one rule that works in kuroo's favour (and I'm pretty sure OSE and everbody else's works for porn meet the other 3 too) and not something he has to go to court for if Patreon itself allows dismissals like youtube or scribd does. It's just a simple form that would allow the creator to state that their content in under fair use. If the original owner can prove otherwise, then he could just take it down and move it elsewhere, but if it holds up, he can continue using patreon.
Weiss
5 years, 11 months ago
" blackmoon441 wrote:

As long as the content isn't a blatant copy and paste with minor changes, a creator should be fine under fair use, even with money involved.


And there you have it. Kuro's comic WAS a blatant copy paste with barely any changes AT ALL. No design for the Pokemon were changed, the Pokemon names weren't changed, nothing was changed, it was LITERALLY the Pokemon that Nintendo/Game Freak/Creatures created, designed and trademarked. Secondly about Palcomix/Mobius Unleashed i don't know exactly what method/company they use for monitization. If it's a private method or not a particularly popular one it's no surprise Nintendo doesn't know about them. they knew about Kuro and a few other artists because, hey, Patreon is super popular. So no, Patreon isn't at fault here, they are simply complying with the DMCA, they can't simply ignore it. Also you say this doesn't affect Nintendo negatively? Uhhhhh...yes, yes it does. It affects their image of a family friendly company. Pokemon is THEIR IP at the end of the day and having that, or any of their IP for that matter, be used for porn does affect them negatively. Not financially but it affects their image. The comic isn't protected under fair use as the character are not transformative, there was no change made to designs not even to locations. It was all taken from Nintendo's own IP and used for profit. That is illegal and Nintendo is within their right to issue a DMCA
disposedbun418
5 years, 11 months ago
I don't think you understand what I mean by copy and paste. By copy and paste, I'm talking about a copy and paste of completely everything, from plot, setting, heart, design, names, and everything included to actual pokemon. When it comes to parody, you're given more leeway to take from, and all kuroo did was take from design and altered it to have huge balls, asses, genitals, and everything of the like. His raichu OC is also substantially different from a regular raichu, but they say to take it down too even though they don't share the same name nor design. It's just based off a raichu. He can dispute this. He also took base names from the introduction of characters, but ultimately they have unique names that aren't ripped from nintendo. Don't know of any eevee named sam that lives with other eeveelutions named after the 7 deadly sins in official pokemon lore. He's fine there in just about every way. Other than those 2, he takes from nothing else. I don't know why you also believe he took from locations. I don't remember there being a pokemon town where all pokemon can speak and have pokemon work out gyms.

As for affecting nintendo, image has nothing to do with it or else every movie or cartoon that makes fun of official businesses wouldn't exist. It doesn't affect their income since nintendo doesn't produce pokemon porn and that's all that matters in this rule. If nintendo did produce pokemon porn and sold it, then they could very well be within their rights to take down porn, but since they don't, they're not loosing money because somebody else is doing it. They're well within their rights to issues take downs for people who make games or merchandise using their IP because they produce and sell those, but when it comes to porn, they don't have that much of a footing for it. Kuroo, and everyone else, should very well be safe here.

For popularity, everybody should at least know about palcomix/mobiusunleashed, even those who don't indulge in r34 because they produce so much and have been around since the start and their art is everywhere. Trust me, everybody should know about Ash-chu adventures. If this were a popularity issue, they would've been gone long ago, but they're still alive to this day getting paid to make porn of copyrighted work. They use public payment processors as well. They say they were using Verotel, but are going to change to another payment processor soon. It's basically a public payment processor that you can use for porn websites. Patreon is the issue here since they don't want to get burned, so they follow through with these requests in hopes that the creator doesn't put up a fight. Most don't, and large companies know this and will issue DMCA's even if it doesn't break fair use because they intend to use it as a scare and it works most of the time. If patreon allows dismissals, known as counter notifications, then Kuroo does have a chance to continue using patreon as a platform. If nintendo can somehow prove his art doesn't fall under parody fair use, then he would just need to take it down and it's the end of that. This doesn't require any court or legal proceedings. If patreon has those dismissal forms, he can give it a shot.

Besides, if it was about image too, they would DMCA all pokemon porn. Don't need to make any profit to be issued a DMCA either. They don't since they don't care about the porn.They only care that somebody is making money off of a parody of their IP and will use a DMCA in hopes it'll scare the creator, but since OSE (any every other porn of all copyrighted work) can very likely fall under parody fair use, Kuroo has a chance to dismiss it since it wouldn't hurt to even try it.

Weiss
5 years, 11 months ago
I'm not talking about Kuro's OC, that's a different subject which may actually be protected under fair use. The comic however is not. While the designs added something, they didn't add enough to be considered transformative work, not even the names were changed. And i'm not talking about the character's names as that something you can do even in the games, i mean the actual Pokemon names. All the character have the ACTUAL Pokemon names, those remain unchanged, are shown in the comics and even in the frigging TITTLE of the comic itself. For it to be considered a transformative work, he would need to change the characters about as much as he changed his own OC. Less than that is not enough
disposedbun418
5 years, 11 months ago
Like I said, when it comes to parody, you're given more leeway with what you can take from. This can include designs and names. I needn't mention palcomix/mobiusunleashed again. They use official characters and designs with no changes yet still get away with it. I'm talking about using Ash and Dawn and official designs and names for pokemon. Kuroo at least changes eye colours and designs such as lust changing genders and also doesn't call the pokemon by their pokemon names in anything other than their introductory pages. Since this is porn, and nintendo doesn't produce their own porn, kuroo (and everyone else) can very well take these designs and make their parodies of them. If nintendo can hold up their DMCA after a dismissal, then that's that, but as it stands, they're tossing it out because he's making money from it and hoping they can scare him off of it.
Mewtwolover
5 years, 11 months ago
" blackmoon441 wrote:
Don't know why you ignored the second part of my comment, but Mobiusunleashed and Palcomix have been up since pretty much the early 2000s. You need to pay to access their sites which consist of Pokemon, MLP, Digimon, Sonic, and a multitude of other popular works. Right there you have paid porn copyrighted from Nintendo, Hasbro, Bandai, and Sega, and possible many more large companies like Disney. Tell me, if they were able to live so long with money involved, then why can't Kuroo? You tell me.
One word: Nationality. Palcomix and Mobiusunleashed are able to live only because they aren't american sites, their owner bbmbbf is peruvian and therefore DMCA can't be used against them. Kuroo is american and lives in the USA so DMCA can be used against him.
Weiss
5 years, 11 months ago
The nationality of the owner doesn't matter. Where the servers are hosted on the other hand does. If Palcomix and MU's srvers are hosted in the US then they are subject to US law
Mewtwolover
5 years, 11 months ago
" Weiss wrote:
The nationality of the owner doesn't matter. Where the servers are hosted on the other hand does. If Palcomix and MU's srvers are hosted in the US then they are subject to US law
I did some investigation and found out that they are indeed hosted in the USA.
Weiss
5 years, 11 months ago
Then the sites would be subjected to US law. Meaning that if Nintendo or SEGA or any of those companies issue a DMCA claim, they have all the right to do so AND take down both sites. It baffles me why they haven't yet, maybe they aren't aware of it or they use an avenue of payment that doesn't go trough patreon, i don't know
malik12
5 years, 11 months ago
what DMCA ?
Killereye
5 years, 11 months ago
Digital Millennium Copyright Act (DMCA)
or
Digital Media Copyright A$$hattery...

Take your pick! :3
PurpleDragon2000
5 years, 11 months ago
I take second cause thats what it is
Killereye
5 years, 11 months ago
PurpleDragon2000
5 years, 11 months ago
Wow talk about shittiest company.Now who's stealing whose ideas fucking nintendo
Killereye
5 years, 11 months ago
Hippocrates...all of 'em! XD
PurpleDragon2000
5 years, 11 months ago
And then the others in this journal tell me to calm down.Dude fuck that nintendo is a piece of shit for a company that steals ideas but oh no one says something about that.They only talk about the "suppossed" rights that they have.So yeah they can shiet off.
Killereye
5 years, 11 months ago
To be true, they are using legal claims, like Brand Protecting and IP Usage, but also do this in a idiotic scale. They won't be able to cash in on the porn money, so they shut down artists, so all purchased Pokemon Art will be done with their approval and a portion of the unused porn money will be landing in their purse since it will be spent on Pokemon merchandise/game...
...but a "family friendly company" will never go on the "lets do porn since porn sells" route, because then they would loose all the parent's money, they gave out to Poke-stuff to their children.

Nintendo over-reacts like a 10- years old would, telling mom/teacher about those bad porn artists. I can understand partially why they do it, but how they do it is totally wrong. If they can't touch the porn money, they should focus on making their own product better so it sells better then poke-porn stuff! Yet Nintendo is not even in my Top 10 evil companies list. Disney, EA, Bethesda, Ubisoft, and very recently joining in Blizzard always fight for and at the Top 5 place on that list tho'...

Others calling you out might be due to you having an "absolute opinion": It's either black or white. The world is more colorful, then that. Try to think with the other side's head as well! You have to defend a succesful copyright brand against others, who make money of it, the way your employers wouldn't do. Boss/chair of command gives you the order: Stop the targeted activity...By All Means! And you do this on yesterday! You got time until weekend rolls in! Your job is on the line!
How do you do it? How would you be fair to the "enemy/brand abusers" when you have the big guns? Would you try to work out a solution, possibly taking days and many hours, most of it without beraing any fruits...Or you would just swing your mighty hammer, strike down and take the easily gotten victory, and all the praises and extra money with it. In the world of adults making easy money can lead to vile acts...one of such is targeting porn artists and their income. This is done by lazy-shitty people, who care not to work out a solution. They are doing it for the glory and for the easy money...

“In the moment when I truly understand my enemy, understand him well enough to defeat him, then in that very moment I also love him. I think it’s impossible to really understand somebody, what they want, what they believe, and not love them the way they love themselves. And then, in that very moment when I love them.... I destroy them.”  â€•Ender Wiggin, Ender's Game

But most people with power know what they had to do to get their power, thus they use it...usually against weaklings, because a weak enemy is an easy prey/easy win most of the times. :/

So? Got a solution to satisfy both Nintendo and the Porn Artists? I do: Nintendo should open an adult section, with a +18 AO rating, and then they can employ porn artists, and get the porn money legaly, while hiding behind their rating system, and blame parents if their kid somehow bought their +18 brand...Hard to work out the details, but it's only one solution, even of not the best there is, it could work out...
PurpleDragon2000
5 years, 11 months ago
Man too big...
Killereye
5 years, 11 months ago
♪♫...
They like it big!
They like it loud!
Maybe a little bit jazzy sometimes...
Mr. PussyCat listen to me
You don't hafta be good
But you had better be...

BIG AND LOUD!!
Big and Loud!!
Gonna make your momma proud!
Make it Big!
And...
LOUD!!♫♪

~Big and Loud - Cats Don't Dance
Ecotyne
5 years, 11 months ago
Damn.. I literally just started a pokemon comic on Patreon.... Seeing this happen to you makes me very nervous.
PurpleDragon2000
5 years, 11 months ago
Well like I said before either make it a tip jar and realease everything for free but still have your patrons or change platforms.
kamperkiller
5 years, 11 months ago
This is an easy fix,

First, follow their orders and do not post Pokemon as specific rewards, they now become google drive and other stuff.

Second, draw inane and basic stuff as rewards and access to your "other whips, and stuff you can't post on patreon"

Third, time to make a discord that is specifically separated and dump your comics wips and other stuff into their specific patreon only stuff.
MintyVap
5 years, 11 months ago
Bypassing the DMCA won't work. It'll be temporary and then when he gets found out again, it'll be a formal cease and desist entirely, or maybe an outright lawsuit.
kamperkiller
5 years, 11 months ago
It's an Illegal DMCA, The parties targeted are not saying they are, work for, or falsely represent Nintendo, nor are they selling illegal, or counterfeit Materials. There is No Copyright Violation, and there is no Legal DMCA under the United States First Amendment and Derivative works.
Weiss
5 years, 11 months ago
But they ARE using Nintendo's property and IP to profit off them. Nothing is changed in the designs of the character in OSE, they are literally the creations of Nintendo/Game Freak/Creatures, hence the DMCA is valid and legal. In the case of Kuro's OC it's a little bit different but when it comes to the comic, everything you see in it is trademarked by Nintendo. Kuro doesn't have to claim to be or represent Nintendo, that's besides the point. The fact is, Kuro is selling something that Nintendo trademarked
fibs
5 years, 11 months ago
Well, I wouldn't say nothing is changed. They have considerably more human facial features and big whoppin' butts and private parts.

It is, however, very obviously and self-admittedly Eevees. The title of the comic even namedrops them.
PurpleDragon2000
5 years, 11 months ago
He already has a discord which is only for patrons I think
Weiss
5 years, 11 months ago
Wont work. Now that Patreon knows Kuro draws smut art they will be on his case and as long as he continues to draw smut art, his Patreon will be blocked, it's happened to other artists too. the only real solution is to give up on Patreon entirely
Lloxie
5 years, 11 months ago
There is no death painful enough for these abusers of draconian copyright law. You have my sympathies, Kuroodod. I hope you manage to find a work-around.

I encourage everyone not to give Nintendo a dime for a good long time. To think, I was starting to think that was one of the few AAA game companies with any kind of decency. Now I remember why that's not the case.
Raverwolfboi
5 years, 11 months ago
Oml this dude used blatant copyrighted characters in a defaming way, made money off of digital and physical copies (and is still doing so) nd y'all gonna sit there and defend him?

Please go outside and face the real world for a few hours
DiogenesShandor
5 years, 11 months ago
There's nothing wrong with that. This is the artistic equivalent to being arrested for smoking weed. There's absolutely nothib wrong with it yet it's inexplicably illegal
Weiss
5 years, 11 months ago
There is nothing wrong with THEFT? Are you stupid or just really REALLY ignorant?
DiogenesShandor
5 years, 11 months ago
Stealing from people is bad. Luckily copyright infringement is an entirely unrelated concept in which nobody loses anything that they already had. The copyright holder retains all of their posessions while somebody somewhere else without taking, damaging, or even touching the first person's things makes copies or derivative works.

Plus, often the copyright holder is a large shady multinational corporation, and stealing from large shady corporations is much less bad than stealing from people. If I heard on the news someday that someone had stolen billions of dollars from Nintendo or Disney or Apple or that rioters had looted their offices it wouldn't bother me. Fuck them.
Weiss
5 years, 11 months ago
"and stealing from large shady corporations is much less bad than stealing from people" Yes, because large corporations aren't mad of people that are just doing their jobs. See this right here tells me all i need to know bout you. You're ignorant as fuck
Afterglow
5 years, 11 months ago
The Pokémon Company is going on a bender with this, there's quite a few Patreons being shut down as a result.

BTW, notice that Kuroodod is still allowed to post to Inkbunny and FA.  The Pokemon Company doesn't care about the porn itself, just people directly profiting off of it on Patreon.
RobbieHaruna
5 years, 11 months ago
That's what people don't seem to get.

They're quick to demonize with "omg nintendo hates porn."

Nintendo wouldn't care at all if it wasn't something that large profit was being made off of. People have said themselves, it was Kuro's MAIN money maker on patreon.
coolguy236
5 years, 11 months ago
There was another artist on this site known as Kaion, he also had to remove posts from his Patreon, but for different reasons, I forgot what site he moved to, but based on what others have said, it doesn’t have the same bullshit problems that Patreon has.
aynblackfox
5 years, 11 months ago
This is not a new issue with Nintendo, Blizzard and others as they have trying to stop people from making money based on their properties. I have read a more accounts about other artist and even fursuit and cosplay makers being called about their work. HOWEVER, I must state that it is not the company themselves who find out, it's people (one or more) who are basically ratting out on creators and their work for whatever reason they can.
ruink
5 years, 11 months ago
so essentially, you got a C&D on pokémon hentai from your patreon. that's a hard hit.
MrPianuhMayne
5 years, 11 months ago
Patreon on some bullshit again, eh?
Weiss
5 years, 11 months ago
Not Patreon, Nintendo
MrPianuhMayne
5 years, 11 months ago
Makes me wonder if they're gonna come after the other sites next. :(
Weiss
5 years, 11 months ago
They don't target sites, they target people. And even the people they target, they have to have a report beforehand. Meaning that someone has to report the person, then Patreon will act
furry2018
5 years, 11 months ago
is he done making his nintendo comics altogether, or just not posting them to patreon?
Dirtsky
5 years, 11 months ago
I've heard from blitzdrachin about Nintendo taking down Patrons who have Pokemon drawings but wow that's really happening, huh?

Man, I can't imagine how you must feel right now D:
Well, no where else to go but forward, right? Good luck on your new original series! ^_^
ArionEquus
5 years, 11 months ago
Sounds like a Nintendo sorta move... I've been really enjoying the comic tho. I'm glad you've not just giving up one it.
MviluUatusun
5 years, 11 months ago
Wow!  It's amazing that it took over 180 pages before anybody got upset with your comic.  I'm actually surprised that Nintendo took action before Disney did (unless Disney owns Nintendo, too).  I'm just glad that I never based any of my OCs on anything other than what I see with my mind's eye.
Weiss
5 years, 11 months ago
What most likely happened was someone reported him
MviluUatusun
5 years, 11 months ago
Oh, I don't doubt that.  There are so many busybodies online any more.  Of course, if you're right, it might have been someone that wanted him to do a drawing for them and, for whatever reason, he refused.  Of course, Patreon's been a wee bit PC lately.  So much so, that someone else reported that Patreon had dropped them for something he posted on e621.  It wasn't even posted on Patreon, not even a link.  That may be why so many artists are starting to leave Patreon for other sites that allow them to post whatever they want.  (Well, I'm sure these other sites have SOME limitations.)
Weiss
5 years, 11 months ago
Oh i know. The second Patreon knows that you draw adult art, even if you're not posting it on Patreon, consider your account blocked until you remove every single mention of Patreon from your work and stop using Patreon to fund adult work. That's just how they work now i guess
MviluUatusun
5 years, 11 months ago
And supposedly, according to their TOS, it's only what you do through them that matters.  This other artist that I mentioned said that none of his works on e621 were associated in any way with Patreon.  But, they've banned several artists for things Patreon didn't like on other websites, including comments the artist made that, in no way reflected back on Patreon.  
NeroServal
5 years, 11 months ago
Wow that’s sad, yes I know Nintendo is a bit over protective of their work and sadly it doesn’t surprise me but I really like your work and it’s sad they are forcing you to remove it from your Patreon. I hope it works out though for you and thank you for the amazing art and Eevees =^.^=
DiogenesShandor
5 years, 11 months ago
I've said it before and I'll say it again, copyright law needs to be entirely abolished
DoomMaGeddon
5 years, 11 months ago
Uh? Nope. Not at all. Nnnnnnope. No way. No.
fibs
5 years, 11 months ago
It's a really good thing that ignorant people like you don't have any power to do such stupid things.
Lys
Lys
5 years, 11 months ago
This could be a good parody test case. But it would require a lot from you and I wouldn't want to see anyone go through it personally but it's a case that eventually will need to be fought. http://cbldf.org/ might be able to help with free legal advise. They are a non profit dedicated to free speech and defending controversial art in comics.
justinsneo1988
5 years, 11 months ago
this is saddening and angering to hear :( damn nintendo does this mean the comic will be disappearing from your gallery and stuff :( was on of the things i looked forward to most on mondays i do however look forward to the rest of the stuff you post i love your art
DoomMaGeddon
5 years, 11 months ago
I understand that Pokemon doesn't want other people to get money after their own stuff, it's kinda like stealing. But I don't understand why they are such crybabys, taking down even Pokemon stuff which makes no benefits for the ones who do this stuff, just because. I've seen artists who draw for fun and don't make any money out of their draws get their accounts taken down because of Pokemon copyright. They can go shove a money bag up their ass.
Killereye
5 years, 11 months ago
They may blame it all on the term "Brand Hurting". Pokemon must stay pure and all that shizzzzz...but under the guise, they just angry because they don't get the porn money! XD

And also they stole a brand (Dynamax) just recently... XD
DoomMaGeddon
5 years, 11 months ago
I just said they don't want other people to get money from their stuff, just as Pixelmon or Pokemon Fighters EX. They're a company, and companies are made to get benefits, but that's just being an asshole.
Killereye
5 years, 11 months ago
"companies are made to get benefits"

According to that, Nintendo+Stealing Brands=Good? My math was never the best... =:I
DoomMaGeddon
5 years, 11 months ago
No. Math is still not your thing haha Let me tell you the correct equation: Nintendo - People who make profit out of their suff = More money for Nintendo.
Killereye
5 years, 11 months ago
Assuming the not-poke-porn-money will be spent on official Pokemon stuff! Nintendo can C&D pokeporn but that won't earn them the greens...maybe a little part of it. Porn/Art money usually stays that and Nintendo won't get it, just ruining many artists here, by mostly trying to defend their IP and brand's innocence. XD
DoomMaGeddon
5 years, 11 months ago
Assuming? How can you assume people who draw porn of Pokemon for a living will spend that money on Pokemon stuff instead of those things they need? I literally have seen over 8 of 10 artists I used to follow posting that typical "I need money to pay my bills because I don't want to get a stable job and keep drawing for 10€ a month so donate me or commission me please" journal.
Killereye
5 years, 11 months ago
You misunderstood...maybe I wasn't clear about what I wanted to say, and I am not a native English speaker myself.
I was thinking (and supposed to be talking) about the poke-porn buyers perspective. If they don't spend the money to buy poke-porn, that don't automatically lands in Nintendo's purse! For further detail, go back one post! :D
DoomMaGeddon
5 years, 11 months ago
Neither am I hahaha

Yes, but people not spending money on people drawing Pokemon means they will spend money on Pokemon stuff, like figurines or posters.
Killereye
5 years, 11 months ago
I am not so sure, that instead porn stuff they will settle for non-porn of the same stuff. I am most likely to think, that they spend it on other artists who still do porn stuff that relates to their interests. It kind of beats the alternative, to give the money to Nintendo, for non-porn. With non-pron artists and non-porn material however, your statement is true indeed.
DoomMaGeddon
5 years, 11 months ago
Well, even though it's not possible to, if Nintendo completely forbids all these artists to draw Pokemon stuff for money, be it NSFW or SFW, there won't be artists that get paid for drawing, so people can't get a draw of what they want, thus, they change their minds and may buy more Pokemon official stuff. That's how the human brain works, I know about psychology haha
Killereye
5 years, 11 months ago
Yup, there is a chance of this as well.
DoomMaGeddon
5 years, 11 months ago
Not a chance. It obviously depends of the person, but it mainly works that way.
Barley672
5 years, 11 months ago
I think Blitzdrachin uses a system that might get around this where the Patreon account is linked to a Primeleap account where the actual pictures are stored. Not sure how it works but it does get the ‘offending’ comics off the patreon. Just throwing it out there as an avenue for investigation.
Otlan
5 years, 11 months ago
https://www.youtube.com/watch?v=zay7xGo4PYQ

Big Corps. suck, but the only thing to do is press on. You'll always have a Fan in me n_n .
Killereye
5 years, 11 months ago
Actually...Nintendo freshly stole the Dynamax (oils and lubricants) brand for their newest game. IRONY! Effin' Kek! :S XD
RobbieHaruna
5 years, 11 months ago
Evidently it either wasn't copyrighted or they threw money at them to use the name.

There's a Luxury RV company called Dynamax also, so it's probably not something they care to copywright protect if multiple other companies can use the term freely.
Killereye
5 years, 11 months ago
I can't show you any evidence of either the copyright, nor of the supposed name purchase by Nintendo.

I've just pointed out the fact, that there is a possible lawsuit case. Whatever happens, it's up to the companirs to work it out or duke it out. Time will tell of the results... =:P
RobbieHaruna
5 years, 11 months ago
I would assume they'd jump on it if they were able.

Given what loopholes various patent trolls over the years have tried to sue Nintendo over, if this was grounds for a lawsuit I would assume they'd jump at it.

Whether or not it'd hold up in court, there'd always be the chance of Nintendo just throwing money at them to get them to drop legal action.
Killereye
5 years, 11 months ago
The trailer of P.sword/shield  and the term Dynamax is smoking fresh. And if you would see it correctly, this is a trailer footage, not end content, so it's subjected to changes. Thus as it is, this is not a lawsuit case...yet. Now, if they use the term in the finished and released product...then Dynamax has a chance to cut in.

But yeah, chance is there that money can buy Nintendo the usage of the word, given it's copyrighted...which is. :)
RobbieHaruna
5 years, 11 months ago
There's also various other things that go by Dynamax, so evidently they're not keeping the tightest lid on their supposed copyright.

I found Dynamax RVs and Dynamax Imaging.

So either both of these paid to use the word, or Dynamax oils doesn't really care.
Killereye
5 years, 11 months ago
This or that. We wouldn't know. :P
softtailed
5 years, 11 months ago
Just to clear this up a bit.

Dynamax Oil is a Registered Trademark, not a copyrighted word* (the two are often confused but are not the same thing beyond both being law-based protections), as are the other two Robbie mentioned.

You Trademark a word to sell a specific type/s of good/s or service/s, with limited scope outside of the registered area. Dynamax Oil trademark is for oils and lubricants. RVs is for RVs.

Unless Nintendo is planning to use the word to sell Engine oil, RVs, etc, then they are not going to be sued by any of these companies over the use of the word.

Looking it up on uspto.gov, there are 23 companies in the USA that have trademarked the word Dynamax for various different things.

*You can't copyright words or short phrases, but you can trademark them.
Killereye
5 years, 11 months ago
Well said.

Then they can go and persay "Pepsi up" Pokemons in the future then, since they won't sell soda products? Neat. XD
Wolflover0329
5 years, 11 months ago
Does this mean no more updates to the Oversexed Evelutions comic on E621? I was enjoying that and am interested in knowing how Sam has the power that he does. I hope that is continued.
ZeniDragon
5 years, 11 months ago
Shiiiiiit.....
ZeniDragon
5 years, 11 months ago
You could always continue the Telemonster comic. Donno if you've done so in patreon but it would be nice to see what happens ^^
PurpleDragon2000
5 years, 11 months ago
No it was stoped and was not worked since that last page.Not sure if its stoped completely but no there isnt any new page for that comic on his patreon.
lucaslover
5 years, 11 months ago
wow...someone at nintendo has too much time on their hands. well its fair use so...fuck them. i would just ignore them. besides, would they really sue over porn?

...

well..ideally; i wouldn't take that risk of course. just another example of a corporation throwing their weight around because they know you can't fight back. fuck them. i understand that they want to protect their brand but you only make porn of their characters because you love their characters. i remember back in the day where nintendo didn't give two shits about this. i think if nothing else they saw it as free advertisement. i mean its not like you're pirating their games and reselling them and saying you made it, which is what this kind of thing is supposed to be for.

ah the problem with corporations. they think they can do whatever they want because they have money.

and yes, if they feel the need to go after a furry artist, shouldn't they find the time to go after people that really are infringing on their copyright? no? ok just as long as we know.

here's an idea, use an original character don't steal who's not a Nintendo character but just looks like one. with some obvious differences of course.  that's what the my little pony people do. thought i doubt even that would work
Thaddeus
5 years, 11 months ago
This turn of events is awful, and I wish it hadn't happened to an amazing artist, like yourself.  But you optimism and readiness to move forward rather than crash and burn at this turn of events is inspiring.  Long Live Kuroodod!
PrysmTKitsune
5 years, 11 months ago
you can keep makeing the comic you realize, you just cant post any refrences to it to patreon, they cant force you to stop doing a parody project, the parody clauses in copyright law are prety specific about that so long as you arnt producing something in direct compiteiton to the original copyright holder (IE a cartoon or a video game) then they can't actualy do shit and once you've removed all refrences to OSE from patreon patreon itself will be happy as a clam cause there no longer involved in it.

and they know this i might add my guess if nintendo issued this it wasnt because porn or even money....it was plot thread...why wait this long...nintendo is always looking for stuff like this and there hawks about it they strike fast, i think its something to do with something that happend in the last few pages...i think you may have stumbled on something they might be planing to have happen in an upcoming game or movie and they want to shut you up before you 'ruin' it or upstage them, it wouldnt be the first time that a nintendo property has used a multi-eevee after all.
Weiss
5 years, 11 months ago
Why now you ask? Simple: Pokemon Sword/Shield
Katsuke
5 years, 11 months ago
I thought that too, but apparently there are some additional outside factors.
Shinn3
5 years, 11 months ago
the artists do free advertise for nintendo and  we are paid with censorship?
kilorat
5 years, 11 months ago
This might be interesting to you, but h0rs3 just got hit too

https://www.furaffinity.net/journal/9167051/
lucaslover
5 years, 11 months ago
come to think of it, this is illegal what nintendo is doing. its fair use. its a bluff. they're trying to scare you.
ShaneAndCo
5 years, 11 months ago
It's not fair use when you are making money off of it, which is what Kuro has been doing.
veemon657
5 years, 11 months ago
tell that to all the YouTubers making money off Nintendo related videos
ShaneAndCo
5 years, 11 months ago
There is a significant difference between reacting and creating.

Also, Nintendo actually HAS acted against YouTube users often and created their own youtube program for those people
firephoenixx456
5 years, 11 months ago
thanks for the info I'm upset to see oversexed eeveelutions end just as it's getting interesting also nintendo you know that sword and shield game you want me to buy well fuck off
apollo3848
5 years, 11 months ago
Let me say this: if Nintendo wanted to protect their IP when he was starting the OSE why did they wait so long to give it to him now?  I think it's dumb and I really don't like this change at all in my honest opinion.
veemon657
5 years, 11 months ago
call their bluff if they go to court they have to fight with OUR rules, not theirs so our fair use laws override theirs
Tricksta
5 years, 11 months ago
I think it's fake, let's turn them dogs back into real pokemon.
ShiraWolf
5 years, 10 months ago
I'm so so soooo sorry for what has happened. And I fell in love with Oversexxed Eeveelutions the moment I stumbled upon it. It's upsetting that Nintendo is feeling butthurt that their characters are being used outside of their use. (If it's such a problem to them, then why not tell everyone to just wipe every Pokemon parody period? I can name a lot of people who still makes them) Still despite what you have to do it's gonna be hard to replace something that was so great. But I know you'll over come it
SomePunk
5 years, 9 months ago
Why not keep the story but switch it from from evees to another animal :P Or rather multiple species.
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