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Nintendo Patreon DMCA ~

So, I've been seeing a lot of people talking about Nintendo Illegally using the DMCA on Patreon to have users nuked.

Please Send me any relevant information such as Dates, Links, and screenshots so that I can forward this to people I have access to that might make a big enough stink about it.

Please Title it "Nintendo Patreon DMCA - (Name)" for easier filing.
E.Sutherl.IV.News@gmail.com

Viewed:	120 times
Added:	4 years, 10 months ago 04 Jun 2019 21:48 CEST

15 Comments on this Journal

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Lloxie

4 years, 10 months ago

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Thank you for doing this. I hope something can be done about this bullshit.

kamperkiller

4 years, 10 months ago

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@ Lloxie

We don't have money or resources, so the only option is to make such a big stink that someone has to listen....

Kokatsuna

4 years, 10 months ago

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aren't they trying to pull the same crap blizzard did to stop overwatch porn?

xephion

4 years, 10 months ago

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@ Kokatsuna

yes but this is worst because nintendo have done this before and no one wants to fight the big N

Kokatsuna

4 years, 10 months ago

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@ xephion

im really sick of stupid crap like this. They are going to end up like Bethesda and such and become so hated that they will lose their entire market cuz of their incessant greed and stepping on their very supporters

xephion

4 years, 10 months ago

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@ Kokatsuna

there is a chance that is a fake dmca (it will not be the first time someone uses a fake dmca especially from nintendo) but who knows. with nintendo crazy internet ignorance anything is possible.

xephion

4 years, 10 months ago

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i hope someone sent you something but the main problem is the dmca are sent to patreon itself patreon just sent a private message to the patreon telling him or her that its page it been hit with a dmca but it doesn't show what the dmca entails

kamperkiller

4 years, 10 months ago

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@ xephion

that makes things "better"

xephion

4 years, 10 months ago

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@ kamperkiller

https://inkbunny.net/j/357780-hanage1-banned-on-patreon

this is the only post i see of someone at least copy pasting the copyright BUT is not the dmca of nintendo (and in this one it was not about nintendo property i think so) is another completely different thing but is curious they mention copyright

thefluffiest1

4 years, 10 months ago

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You're probably already aware of Ern and Kuroodod, but I've fought this kind of battle in the past and to help point you in the right direction look into parody law and legal precedents. Even a cursory search comes up with plenty of potent supreme court rulings in favor of parody works. I wish you the best, I hope you can help everyone suffering this wave of hatred. ˆ—ˆ

TrunksXV

4 years, 10 months ago

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Nintendo can be taken to court. They have lost against Rental Stores in the 90s. Someone just needs to pull them into court and have the lawyers and judges deal with it. Eventually even the mighty will fall like a helpless giant.

BlitzkriegOmega

4 years, 10 months ago

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Wait. Illegally?
Like. I've always understood that Ninty (proverbially) shooting people in the kneecaps was a dick move, but it's also illegal? does this apply to JUST the porn, or other fan projects like AM2R and the like?

Skunks

4 years, 10 months ago

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This is literally what trademark and copyright law exists for. It's not illegal and it's not covered by "parody" or whatever defense people use; and I promise no one you have "access to" is going to be able to stop a business using IP law for its intended purpose. You can't use owned characters to advertise your services. Some kid running a pokeporn patreon out of their bedroom doesn't exist in a vacuum, they're putting themselves in just as much legal risk as one business stealing the mascot or copyrighted works of another. The problem is using official characters while advertising your paywalled porn service. It's one thing to offer commissions, in general, and if someone happens to request a trademarked character then so be it; it's another to specifically market your service as a "pay me for pokemon porn/fangames". In that case you are using trademarked characters that you don't own for personal profit. If you want to be safe then you have to keep your trademarked "parody" porn nonprofit and advertise your patreons with original characters.

Sorvad

4 years, 10 months ago

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Edited 4 years, 10 months ago by Owner

@ Skunks

Well said, but actually due to how the DMCA works, it may be untrue.

I agreed with you completely at first but then I did some research and I'm no longer convinced.

With just a brief search I found that in 2013, CrossFit, Inc. filed a DMCA takedown notice to remove a person's blogspot site and Facebook page for including CrossFit in the title of both, selling supplement products on the site, and advertising through Google AdWords. CrossFit then filed suit for trademark infringement and other claims.

The defendant filed a counterclaim seeking declaratory relief under § 512(f), claiming that the DMCA takedown notice was materially misleading because it alleged trademark infringement, which is not covered by the DMCA. CrossFit moved to dismiss the counterclaim, arguing that this was 'implausible' due to Facebook procedures for trademark takedowns, and that the defendant did not claim injury caused by the takedown notice. The court denied the motion and both arguments, stating that Facebook procedure is irrelevant and that the court can't adjudicate injury caused by the takedown on a motion to dismiss.

It would all come down to whether Pokemon designs can be copyrighted, specifically. Copyright law says you can't copyright a name, look, or idea, but those things can be trademarked instead. If the court decided that this applies to fictional species of superpower-animals as well, then Nintendo couldn't claim any copyrights at all on the trademark-infringing content in question, and would therefore be liable for damages for materially misrepresenting that it was actively infringing on their copyrights.

It would appear that if a person produces a creative work that infringes on a trademark, they still own the copyright on that work. The trademark owner can't automatically seize ownership from its creator. Although a copyright without the legal ability to distribute copies (due to the trademark) is rather worthless, it's apparently still legally relevant.

Anyways, Nintendo could still have it removed again for trademark infringement, just not with DMCA takedown notices because filing DMCA takedown notices for only trademark infringement is, in fact, illegal under the DMCA.

Would be very interesting to see this play out in court.