this post was submitted on 21 Mar 2024
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But the Pokémon themselves are IP of Nintendo at the moment, so their inclusion is technically copyright infringement no?
You can use copyrighted materials for fair use.
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.
Wouldn't it also be dependent on receiving some sort of income from it? Also nal
Actually, I don't think so. Thats why Nintendo shits on a bunch of fan ports and remake projects.
Fair point, like Uranium years back