Gaming About Pokemon RPG

[Noctosphere]

Hello
I'd just like to know something about GBATemp rules
I was about to do Pokemon GBA Rom hack, and I know we are only allowed to upload the patch, not the complete rom
However, I'm completly blind about Pokemon games made with RPG Maker
I'd just like to know if I'm allowed to upload Pokemon games made with RPG Maker, because they uses sprites, sounds and idea made by Pokemon Company

Thanks for your help

 

[Noctosphere]

I'd like a quick answer please, because I'd need to buy RPG Maker XP, which is in sale
But, I'd like to upload them on GBATemp.net
If I can't, I'd like to know before buying it
thanks

 

[Joe88]

As long as its your own creation then its fine. Using nintendo sprites, sounds and such is a bit of a grey area on legality though might fall under fair use.

 

[Ryccardo]

If your actual graphics/sounds are captured and/or converted off the originals (instead of being made from scratch and sounding similiar by sheer chance) then they're derived works, and can be copyright infringement if done without the consent of The Pokemon "Little quality, big money" Company;

that said, game translation patches, fangames, most "custom" character mods, doujinshi etc also fall into the same category of derivative works - and I certainly don't see any shortage of them!

Also, knowing the above mentioned company, their de facto attitude is known: keep a low enough profile and you'll be fine

 

[Noctosphere]

As long as its your own creation then its fine. Using nintendo sprites, sounds and such is a bit of a grey area on legality though might fall under fair use.

mmh mmh,
can I have the opinion of a Global Moderator/supervisor/admin who know more the rules?
I'm not questionning your answer, it's just that it seems youre not sure either
I don't want to know if its legal or not, what I want to know is if i can upload a game, made with Pokemon Essential on RPG Maker, in the download section of GBATemp

 

[FAST6191]

Sprites and sounds is not on. Sometimes rules might be bruised with various injections but "fan games" by and large would be a step too far. There might be a fair use path with a spoof or a satire but you would have to work fairly hard to make it that.

"and idea made by Pokemon Company"
What do you mean by that?
If you mean copying levels and out and out copying the mechanics then yeah that would fall under the previous stuff. If you mean I want to make a game wherein you collect entities for your team and battle against others doing the same then that is not something they own, not even close and there is next to nothing they can claim over that. In some places and for very specific things then ideas can be protected (some of the stuff the tetris people did against people making similar games for instance, though I still think they were dicks about it), for the most part though ideas are just that and there is nothing Nintendo or anybody else can really claim here. I don't know why people stopped trying to better the formula (on the GBA we had great stuff like medabots rpg, robopon 2, demi kids dark version and a few other things besides, for the DS it faded away somewhat and by the 3ds we had... youkai watch) but it is what it is I guess.

Whenever we see these fan games get smacked down I do have to wonder why people putting that much effort in would not just do their own original game. The cynical part of me wonders if it is a PR move but enough of that one.

 

[Noctosphere]

Sprites and sounds is not on. Sometimes rules might be bruised with various injections but "fan games" by and large would be a step too far. There might be a fair use path with a spoof or a satire but you would have to work fairly hard to make it that.

"and idea made by Pokemon Company"
What do you mean by that?
If you mean copying levels and out and out copying the mechanics then yeah that would fall under the previous stuff. If you mean I want to make a game wherein you collect entities for your team and battle against others doing the same then that is not something they own, not even close and there is next to nothing they can claim over that. In some places and for very specific things then ideas can be protected (some of the stuff the tetris people did against people making similar games for instance, though I still think they were dicks about it), for the most part though ideas are just that and there is nothing Nintendo or anybody else can really claim here. I don't know why people stopped trying to better the formula (on the GBA we had great stuff like medabots rpg, robopon 2, demi kids dark version and a few other things besides, for the DS it faded away somewhat and by the 3ds we had... youkai watch) but it is what it is I guess.

Whenever we see these fan games get smacked down I do have to wonder why people putting that much effort in would not just do their own original game. The cynical part of me wonders if it is a PR move but enough of that one.

so... in short...?
Can I upload my game on gbatemp or not?

 

[FAST6191]

so... in short...?
Can I upload my game on gbatemp or not?

There is no short answer. It will depend upon a variety of factors.
Generally though if it is made in RPG maker it will be a fan game which puts it onto a loser right away.
If you are using ripped sprites, sounds, levels and such from an original game then that does not help your case.

If said game is some kind of satire or spoof then that is a different matter, you might even be able to make a review or teaching exercise out of it but that would be some trick.

If you just make a game, call it Pokemon Noctosphere edition and it just a clone with a bunch of Nintendo assets then it would be best not to upload it here. It would not be ROMs but should Nintendo say "stop that" it would not be fought at all and they would have every right to do such a thing. As such we are supposed to discourage you from doing such a thing.

If you make a game, don't call it anything to do with pokemon, and everything is art and assets you are free to use (either because you made them yourself or found/bought some ones you could use) and it just so happens to play a bit like pokemon then you would be OK to upload it then.

 

[Noctosphere]

There is no short answer. It will depend upon a variety of factors.
Generally though if it is made in RPG maker it will be a fan game which puts it onto a loser right away.
If you are using ripped sprites, sounds, levels and such from an original game then that does not help your case.

If said game is some kind of satire or spoof then that is a different matter, you might even be able to make a review or teaching exercise out of it but that would be some trick.

If you just make a game, call it Pokemon Noctosphere edition and it just a clone with a bunch of Nintendo assets then it would be best not to upload it here. It would not be ROMs but should Nintendo say "stop that" it would not be fought at all and they would have every right to do such a thing. As such we are supposed to discourage you from doing such a thing.

If you make a game, don't call it anything to do with pokemon, and everything is art and assets you are free to use (either because you made them yourself or found/bought some ones you could use) and it just so happens to play a bit like pokemon then you would be OK to upload it then.

So... the answer is no... I can't upload it here, right?

 

[Sicklyboy]

100% to everything that @FAST6191 said right there.

 

[Noctosphere]

heres the sprite ill use and are included in Pôkemon Essantial

 

[Flame]

i dont think this is a yes or no question.

why do you want to use stuff which is copyrighted anyway. if the game gets popular and Nintendo see it. they will make you pull the plug. if i was you design your own stuff so you dont need to worry about this later own.

 

[Sicklyboy]

So... the answer is no... I can't upload it here, right?

If you're using any copyrighted assets (including but not limited to music, sprites, level design, game code) no, you may not upload it here.

 

[Issac]

I mean, am2r was linked from here, until it received a c&d order... Difficult to say!

 

[Noctosphere]

Alright then
thanks guys
I guess I'll stick to rom hacking, since I can upload the patch here
thanks again

--------------------- MERGED ---------------------------

What I dont understand however, is Pokemon Revolution Online
The guy who made it even get money from it
Why isnt it shut down?
I wont get money from my game... so... thats my question...

 

[ShonenJump]

doesn't mystery of solarus XD uses assets from legend of Zelda?

 

[Flame]

Alright then
thanks guys
I guess I'll stick to rom hacking, since I can upload the patch here
thanks again

--------------------- MERGED ---------------------------

What I dont understand however, is Pokemon Revolution OnlinePokémon Prism
The guy who made it even get money from it
Why isnt it shut down?
I wont get money from my game... so... thats my question...

Nintendo works in mysterious ways.

Nintendo did shut down Pokémon Prism which was a fan game which made no profit.

 

[Noctosphere]

Nintendo works in mysterious ways.

Nintendo did shut down Pokémon Prism which was a fan game which made no profit.

øk, but PRO is popular from what I'Ve seen
If I upload my game here, is there really a big risk for Nintendo to shut it down?
I mean, Can I upload it here, and if they tell me to stop, I'll simply remove it from Temp?
Do you guys think it could work that way?
Or is it too risky for Temp's reputation?

 

[Sicklyboy]

Nintendo doesn't just make an account here, make their 10 posts then send you a pm saying "hey pls stop thx"

They send Costello a cease and desist, or even somewhat more troublesome, serve him a DMCA takedown notice.

 

[Flame]

øk, but PRO is popular from what I'Ve seen
If I upload my game here, is there really a big risk for Nintendo to shut it down?
I mean, Can I upload it here, and if they tell me to stop, I'll simply remove it from Temp?
Do you guys think it could work that way?
Or is it too risky for Temp's reputation?

dude how much of the game have you completed? 0%