The Pokemon Company has filed a lawsuit against those who leaked pre-release images of Sword/Shield

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Pokemon games tend to be an incredibly popular topic of discussion, no matter what, but with the dawn of a new generation, where information and unannounced Pokemon are slowly trickled out over months, or even kept secret until launch, fans were going wild with anticipation. This was especially true for Sword and Shield, which had a very contentious pre-release fervor to them. When images of the strategy guide for Pokemon Sword and Shield appeared on the internet, weeks prior to the games' official release, which was on November 15th, they went viral, as users posted them to every nook and cranny of social media and message board. Nintendo themselves even tried to get many sites to take those pictures down, citing the DMCA, to mild success. But by then, everyone had already saved the images and had distributed them even further across the internet.

To mitigate damage caused by the Defendants' leaks, TPCi submitted hundreds of takedown requests to platforms to remove the leaked images.

The content of the leaked strategy guide, which was slated to release a week after Sword and Shield themselves, on November 22nd, included pictures of Gigantamax Pokemon, the entirety of the Galar region's Pokedex (and all of its cuts, which turned into a dramatic hashtag campaign on Twitter), all of the new Pokemon and their Galarian forms, and more.

The Pokemon Company International believes that this leak of information has caused "irreparable damages", and by sharing stolen trade secrets, they threatened the value of both major Pokemon titles. A lawsuit has been filed with Perkins Coie LLP, where TPCi is looking to seek compensation for "wrongful conduct", and monetary relief for the damages caused by said leaks. The legal document shows posts from anonymous individuals on 4chan and Discord sharing dozens of screenshots from the guidebook, and though TPCi currently does not know who these four John/Jane Does are, they're actively searching to find out who was behind the Discord account providing the screenshots. Currently, TPCi is looking to issue a subpoena to Discord, in order to get more information on the accounts.

TPCi seeks leave to subpoena Discord, 4chan, and the individual who used the [specified] Discord handle, for identifying information associated with the users that posted the leaked images. TPCi will seek identifying information associated with the images, IP address, email address, secondary or recovery email address, records of session times and duration, and any other identifying information.

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Tags: [GAME=/game/pok-mon-sword.37382]Pokémon Sword[/GAME] [GAME=/game/pok-mon-shield.115653]Pokémon Shield[/GAME] [COMPANY=/company/the-pokemon-company-international]The Pokémon Company International[/COMPANY]
 

osaka35

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You were actually able to complete the Pokédex in those games after they released LeafGreen and FireRed. And this was because all the 386 Pokémon (by then) were already programmed into Ruby and Sapphire.

Here, they removed them from the game. No info, no data, no models nor textures. No way to transfer Pokémon even from future games which could be remakes from older entries.
As I remember, the issue in Gen 3 was simply a difficulty bringing Pokemon forwards. They did eventually let you, but all the same, it wasn't as big a loss (TO MY MEMORY).

Gen 5 had/was the real problem because of the attempted 'hard reboot' that fell so flat they necessitated B2W2.
right, after leaf green and fire red, but not before. Which is where we're at now. So, give them a few years and it'll probably be the same situation. There is DLC, after all, and they're probably planning free dlc or something to add the models. Or just push for the new games. Who knows.

They've been fairly consistent in how they do things, so I'm pretty surprised people are surprised. Though I understand the disappointment.

I googled it and:
catchable in ruby/sapphire from the get-go:
Total: 181/386

sword/shield:
...well, 400 officially, but I think there are some in the code not in the game, but not all? I'm not sure. Can't find a resource.

No, it's not the same at all. When Ruby and Sapphire came out, it was impossible to port your collection from the older games because of hardware differences. They could not figure out how to link a Game Boy game to a Game Boy Advance game like that. However, they did have all of the Pokemon coded into the game, and immediately released Pokemon LeafGreen/FireRed, Pokemon Colosseum, and Pokemon XD all to cover their bases.

I wouldn't call 1-3 years later as "immediately" . I can't remember if you could trade everything using Colosseum, but couldn't you say it's a bit much to require an additional console, additional game, plus cables, in order to play with pokemon already on the game? :P Remember we live in an age of DLC and expansion packs. Come back in 2 years and hopefully they'll have given a lot of fans what they're wanting. If they haven't done anything by then, feel free to be annoyed at the "new" thing they're doing. until then, it's business as usual for Game Freak. Personally, I'm hoping they bother to take more risk with pokemon, though with this blow-back, they may try and go safer with the next one.
 
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Olmectron

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right, after leaf green and fire red, but not before. Which is where we're at now. So, give them a few years and it'll probably be the same situation. There is DLC, after all, and they're probably planning free dlc or something to add the models. Or just push for the new games. Who knows.

They've been fairly consistent in how they do things, so I'm pretty surprised people are surprised. Though I understand the disappointment.

I googled it and:
catchable in ruby/sapphire from the get-go:
Total: 181/386

sword/shield:
...well, 400 officially, but I think there are some in the code not in the game, but not all? I'm not sure. Can't find a resource.
Masuda stated they won't add the missing Pokémon, and that no any other Pokémon game will feature the full dex. Of course, they could change their mind, but who knows at this point.

Quote from a Masuda interview:

“We currently don’t have plans to make the Pokémon that are missing from the Galar Pokédex available in the game,” Masuda said. “This is an approach that we want to continue with in future Pokémon games. Up until now it hasn’t been possible to encounter every Pokemon in every game, so people had to transfer them from old games to the new game, by using Pokémon Bank as an example.”

Not sure about the last part, but it's a fact you can't transfer Pokémon if the data isn't there to begin with. Maybe he chose a bad way to word things out, and will actually patch missing Pokémon data once a new game is released that contains the Pokémon?
 
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osaka35

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Masuda stated they won't add the missing Pokémon, and that no any other Pokémon game will feature the full dex. Of course, they could change their mind, but who knows at this point.

Quote from a Masuda interview:

“We currently don’t have plans to make the Pokémon that are missing from the Galar Pokédex available in the game,” Masuda said. “This is an approach that we want to continue with in future Pokémon games. Up until now it hasn’t been possible to encounter every Pokemon in every game, so people had to transfer them from old games to the new game, by using Pokémon Bank as an example.”

Not sure about the last part, but it's a fact you can't transfer Pokémon if the data isn't there to begin with. Maybe he chose a bad way to word things out, and will actually patch missing Pokémon data once a new game is released that contains the Pokémon?
it won't happen up until it does :P Nintendo is good like that. But it does suck we don't get them immediately. But it's also nice to enjoy new pokemon without just rebuilding an old team (which is why they do this). It'll be interesting to see how they do things from now on. Wouldn't it be interesting if there were like, 100 pokemon different from the two games? :P

But back on topic, I wonder if they blame the leaks for the blow-back, or if there's something else going on. I mean, the games are selling fine.
 
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Master X

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I mean, didn't they do the same thing when ruby and sapphire came out? Cut half the pokemon, no way to transfer from the old games? I'm guessing these games will be remembered fondly, especially when they release remixed version with the full pokedex and loads more after-game content in a few years.

On paper they did, but their are mitigating circumstances given the era they released in. Specifically, the difficulty with transferring pokemon cross gen and the game technically not having a established history of cross-gen (More specifically, cross-hardware) trading.

First one is simple - You couldn't do it with a single hand held. You had to have multiple. 2nd, despite R/B/G/Y and G/S being classified as two separate generations, they were cross compatible with each others hardware. On paper it would be cross gen trading because hey, gen 1 and gen 2, but hardware wise both games could be considered 1st gen games. This is also why it was possible to trade between R/S/E and FR/LG - They were both, not just third gen games, but cross compatible hardware wise and additionally they were both running on very similar game engines.

The DS era had its own caveats that allowed for crossgen transfers as well - The DS/DSL being backwards compatible with GBA games. Rather than being required to use two seperate consoles to do cross-gen transfers, it could now be done on one console. Not sure on specifics for HG/SS and BW/BW2, though I think that cross-gen trading was limited by that point since you'd have to have a OG or lite DS to do 3rd gen transfers.

And come 6th gen games on the 3ds, with cross gen transfers being partially pay-walled... And then cross-gen transfers being effectively killed the next. So much for 'you'll now be able to easily trade ANY of your pokemon'.

Basically, the reason people are so pissed off about it? Nintendo sold Bank as a way to greatly simplify cross-gen transfers when it'd previously been difficult on account of hardware limitations. This was supposed to remove hardware from the equation all together. And then come the Switch, they effectively killed cross-gen transfers.
 
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Edgarska

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The Pokemon Company International believes that this leak of information has caused "irreparable damages", and by sharing stolen trade secrets, they threatened the value of both major Pokemon titles.

So basically they're mad they might have lost sales when people saw how shit the games looked pre-release?
 

bobmcjr

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Every time something like this comes up, I have to remind people that that is trademark, and not copyright!! Copyrights exist whether the owners choose to enforce them or not. I wouldn't call leaked information copyrighted content anyway. It's pretty dystopian to allow corporations to control the flow of information.
Yep, your work never ever becomes public domain because you forgot to DMCA/C&D someone. Each part of the unholy IP trinity is very legally distinct. Heck, trademarks aren't even in the Constitution. You also aren't allowed to C&D someone using the DMCA specifically for a trademark or patent infringement case. You may still C&D as long as you don't claim it's a DMCA takedown.

Regarding the trade secret claim, I'd argue it's similar to Apple trying to claim that the "poem" needed to boot macOS was a trade secret, and to hold it as precedent to throw this case out. The gist of the Apple case was that something cannot be a trade secret if you make it readily available to the general public in your products, and I would 100% consider retailers (presumably that's where this precious guide came), or consumers who received it early from a retailer or something, as the general public.
 

MasterJ360

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Over leaked pics? something tells me that just a scapegoat excuse for the media.
I believe they are pissed off b/c we can hack their shit and they cant do damn thing about it. Suing ppl is the only way they can sleep peacefully.
 
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EDIT: Of course they could, but I'm calling it ahead of time that they're going to release them, along with other half-ass, incomplete past-game regions as paid DLC within 6 to 9 months.

Paid DLC, you're giving them way too much credit. It'll be full-price game re-releases at best.

You still pretty much needed access to 5 separate games to complete the Pokedex. FireRed, LeafGreen, Ruby, Sapphire, Emerald. Add in Colloseum and XD if you want Lugia and Ho-Oh as well. Not exactly consumer friendly.

As opposed to needing Red/Blue + Gold/Silver + Ruby/Sapphire if transferring from Gen. 2 was allowed? ;)

(Note that Lugia and Ho-Oh were not required for National dex completion in Gen. 3, and if someone wanted to argue that we should count event-only Pokémon, you can get those in FR/LG/E via Navel Rock.)
 
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chartube12

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Can someone find a way to sue them for lying to people multiple times in press releases and videos, in multiple languages?

I would certainly join a class action law suit to teach them a lesson. Don’t be cheap, hire more employees, don’t lie to gamers and stop the yearly releases!
 

gamesquest1

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funny this reads more like "we want to punish the people who exposed our scam to our marks" if they are arguing simply disclosing the shortcomings of the game caused irreparable damage, its basically admitting they intended to pull a fast one on their users and are pissed some people decided not to buy the game based on true info
 

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honestly leaks can hype a game up, unless the games actual shit, they just butt-hurt because people spread the truth before fans got disappointed from buying the actual game, its not like the sales are doing bad, i think this is gonna rub some hard core fans the wrong way, by the looks of this thread so far.
 

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