this post was submitted on 21 Mar 2024
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The war on video game mods that involve Pokémon continues! I can’t say for sure that the Pokémon Company’s renewed focus on taking down anything relating to these mods for 3rd party vid…

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[–] TheBest@midwest.social 6 points 1 year ago (1 children)

But the Pokémon themselves are IP of Nintendo at the moment, so their inclusion is technically copyright infringement no?

[–] LodeMike 8 points 1 year ago (1 children)

You can use copyrighted materials for fair use.

[–] TheBest@midwest.social 6 points 1 year ago (1 children)

Fair use is such a fickle thing. It isn't the catch all that people want.

Without express permission from Nintendo, including Pokemon in a mod is copyright infringement.

Is it transformative? Thats extremely case by case, but Nintendo would make the arguement that mods can act as a market subsitute for their own product (like the guys putting pokemon into palworld).

IANAL, this is all just my opinion.

[–] Jakeroxs@sh.itjust.works 3 points 1 year ago (1 children)

Wouldn't it also be dependent on receiving some sort of income from it? Also nal

[–] TheBest@midwest.social 3 points 1 year ago (1 children)

Actually, I don't think so. Thats why Nintendo shits on a bunch of fan ports and remake projects.

[–] Jakeroxs@sh.itjust.works 2 points 1 year ago

Fair point, like Uranium years back