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…
Uhh. Isn't that illegal to do? The DMCA is only for things copyrighted by the owner, and they don't own the other game and certaintly not the fair use recording of the person playing the game.
But the Pokémon themselves are IP of Nintendo at the moment, so their inclusion is technically copyright infringement no?
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.
Abuse maybe, but illegal? No.
Its kinda like sending a "cease and desist" letter with a lawyer's letterhead (usually an empty threat) but with the automoderation system in place about copyrighted works it winds up being up to the person defending themself from the claim to do the work to prove fair use instead of the person making the claim of infringement.
I'm like 90% sure the form says "under penalty of perjury I confirm that these statements are accurate and true."
Sure there's words there but are they actually legally actionable? Like something in an EULA that says, we reserve the right to delete this from your hardware if you don't sent us a cookie every six months. Its there... but it doesn't matter.
Not everything in a contract would be allowed to be enforced by law.. so no.
Try writing a contract that includes voluntary cannibalism, let it get out to the public, and see if the police just let that slide.
Okay you know what? YOU look up the DMCA and what a DMCA takedown order requires.
