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NOTICE: DMCA Enforcement (READ BEFORE POSTING)

Started by Macawmoses, September 18, 2010, 07:31:19 PM

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Macawmoses

As you have undoubtedly heard, Nintendo is enforcing the Digital Millennium Copyright Act across various Pokemon fansites. While NSFCD is unlikely to get flagged for such material, many of you are evil hotlinkers, it's a possibility.

As an act of good faith towards Nintendo, we will be enforcing the DMCA on NSFCD. Any new posts with images, links to images, or otherwise will be removed on sight. Please just refrain from doing so for now.

Oh, and all DMCA Enforcement discussion can go here.

Silverhawk79

Don't chance it. Nintendo could wipe us out without even breaking a sweat.

Neerb

Nonsense rule is nonsense.

But, I guess we don't want our forum going goodbye. Should we just go ahead and delete the 5th gen discussion thread? Because that thing's probably loaded with pics.

Macawmoses

#3
Nope. I'll only be enforcing it on new images that are put up.

Also, my thoughts on it:

http://nsider2.com/2010/09/19/noa-enforces-dmca/

Cornwad

This is pretty informative:
http://bulbanews.bulbagarden.net/wiki/Fansites_served_with_copyright_infringement_notices

Some interesting stuff right there, because if it's legit it means that nobody will be able to post pictures of Nintendo video games ever again.

Macawmoses


Neerb


Silverhawk79

Even if it is fake, we'll just enforce this until it's definitely debunked. Better safe than sorry. It probably won't last more than a few days.

Macawmoses

#8
Not quite. His arguments are loosely flawed. While the "very truly" etc. comments are spot on, there are faults.

First of all, just because vids are still on YT doesn't mean they will be for long. Nintendo and YT have yanked things before. As for the American branch issue, it'd be the local one to take action if anything. That's sensible. As for starting now, with some major elements to the series, the assertion that Nintendo may be in jeopardy could be seen as convincing, giving their stance on their legal page. Allow me a quote:

QuotePeople Making Nintendo Emulators and Nintendo ROMs are Helping Publishers by Making Old Games Available that are No Longer Being Sold by the Copyright Owner. This Does Not Hurt Anyone and Allows Gamers to Play Old Favorites. What's the Problem?

The problem is that it's illegal. Copyrights and trademarks of games are corporate assets. If these vintage titles are available far and wide, it undermines the value of this intellectual property and adversely affects the right owner. In addition, the assumption that the games involved are vintage or nostalgia games is incorrect. Nintendo is famous for bringing back to life its popular characters for its newer systems, for example, Mario and Donkey Kong have enjoyed their adventures on all Nintendo platforms, going from coin-op machines to our latest hardware platforms. As a copyright owner, and creator of such famous characters, only Nintendo has the right to benefit from such valuable assets.

As such, this could very well be a new tactic. I'm cashing in on my press access to get some answers, though.

Edit, as for it coming from Pokemon Company vs. Nintendo, from the Pokemon Site:

Quote2010 Pokémon. © 1995-2010 Nintendo/Creatures Inc./GAME FREAK Inc. Pokémon, Pokémon character names, Nintendo DS, Wii, and Wiiware are trademarks of Nintendo. Other trademarks are the property of their respective owners.


DededeCloneChris

Um, then, should I get rid of my avatar? Does it seem that spoilerific?

Cornwad

Weird, it's been confirmed to be legit but at this point it looks like only Pokebeach and Serebii have been asked to take it down. I wonder why those two were picked. Pokexperto was the source of the leaks and Bulbapedia has pretty much everything, but neither was asked to take it down. You also have sites like Psypokes and even Pokejungle. It's not even that they're only going after US sites, because Serebii is british. 

Mystic


Rayquarian

Bulbapedia updated.

QuoteFollowing further information posted in the discussion thread for this story on the Bulbagarden forums by WaterPokémonMaster, we are now confident in stating that this is not a hoax of any kind, and that these notices are legitimate. Both WaterPokémonMaster and Joe have since contacted the lawyer directly by phone. WaterPokémonMaster has made it clear in his statement on our forums that he does not wish to discuss the content of these discussions. The exact reasons for these notices having been sent to these sites are as of yet still not fully understood by Bulbagarden.

Rayquarian

Quote from: Cornwad on September 19, 2010, 10:24:35 AM
Weird, it's been confirmed to be legit but at this point it looks like only Pokebeach and Serebii have been asked to take it down. I wonder why those two were picked. Pokexperto was the source of the leaks and Bulbapedia has pretty much everything, but neither was asked to take it down. You also have sites like Psypokes and even Pokejungle. It's not even that they're only going after US sites, because Serebii is british.
Maybe they're trying to target central American Pokémon sites?  Serebii is British, but I'm sure many Americans visit him.  That'd explain why they didn't go after Pokexperto, and maybe Bulbapedia is still under the radar for NoA.

Neerb

Wait, so if we haven't been given a notice (and we are a pretty small site), could we go ahead and post stuff?