Gotta Hush 'em All

Discussion in 'User Submitted News' started by haflore, Sep 20, 2010.

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Sep 20, 2010

Gotta Hush 'em All by haflore at 8:43 PM (1,891 Views / 0 Likes) 20 replies

  1. haflore
    OP

    Member haflore aeternaliter fluxa

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    Owners of popular Pokemon fansites such as Serebii.net, Bulbagarden and Pokeranch opened their email inboxes this weekend to find a "Cease and Desist" letter from Nintendo's legal department.

    We have not confirmed the legitimacy of this letter through Nintendo, but several of the Pokemon sites have contacted the offices to confirm.

    The issue seems to reside in the use of screenshots of Pokemon Black and White, two games that have just shipped in Japan. Fansites have generally had free reign with "fair use" content of Pokemon media (including in-game screenshots), and while Nintendo and the Pokemon Company have been restrictive and protective of the Pokemon license by unlicensed third parties, this Cease and Desist takes it to a new level.

    It's possible that this cease and desist is Nintendo of America stepping up its efforts to dissuade the downloading of the Pokemon Black and White ROM file, which can be played through emulators and have its content recorded for screens and video.

    We will update this story with comments from Nintendo of America as we receive them. The following is the full letter with names removed:

    "Dear Sir or Madam:

    We are legal counsel to Nintendo of America Inc. (referred to here, with its parent and affiliated companies, as "Nintendo"). As you are no doubt well aware, Nintendo is one of the world's leading developers and distributors of video game products. The Pokemon franchise is one of Nintendo's most popular game series, and the upcoming release of the Pokemon Black and Pokemon White video games has garnered significant media attention. The intellectual property associated with the games, including the copyright in the underlying software code, visual depictions of the games, and characters found within the games, is the subject of copyright protection in the United States and abroad.

    We recently learned that you have posted screenshots and other protected content from the Pokemon Black and Pokemon White games to your website at [removed]. While Nintendo appreciates your interest in and support of the Pokemon game series, your publication of this content infringes Nintendo's copyrights in violation of federal law. Your activity also and has the potential to cause substantial damage to Nintendo, and leaves Nintendo with no choice but to take steps to protect its intellectual property rights.

    We have accordingly submitted a copyright infringement notice to your domain registrar under the Digital Millennium Copyright Act, and anticipate that your website will be taken down shortly. We encourage you to immediately remove from your website all graphics, screenshots, and other protected content taken from the Pokemon Black and Pokemon White games. Going forward, you must also refrain from posting any screenshots, videos, or other content that infringes Nintendo's rights in the Pokemon series or any other game.

    Your full and immediate compliance with the foregoing should render further action on Nintendo's part unnecessary. It is essential that we receive your written response confirming that you have taken these necessary actions by Sunday, September 19, 12:00 p.m. PDT, however, or Nintendo will have no choice but to consider its alternative legal remedies."

    [/p]
    [​IMG]Source.


    Once again, please let me know if this (fake?)letter has already been reported elsewhere.
     


  2. prowler

    Member prowler Sony

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    I want a letter
    [​IMG]

    >Your activity also and has the potential to cause substantial damage to Nintendo
    IMAGES DO WHAT NOW
     
  3. _Chaz_

    Member _Chaz_ GBAtemp's Official Mook™

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    I read the first paragraph of the letter and it really sounds fake. Not like something Nintendo would write. Sounded much too "braggy" for Nintendo.
     
  4. Sterling

    Member Sterling GBAtemp's Silver Hero

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    This is total bullshit. The people who download games are gonna download them, and the people who buy will buy the game. The people who download them don't need any help, because it's Pokemon... Right?
     
  5. TwinRetro

    Global Moderator TwinRetro Don't start nothin', Won't be nothin'

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    This is fake. check the format for the many CAD letters nintendo has sent out in the past and you can tell that this was most likely a prank.
     
  6. PeregrinFig

    Member PeregrinFig A miserable little pile of secrets

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    EDIT: Nevermind, I should have read further
     
  7. Windaga

    Member Windaga GBAtemp Advanced Fan

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  8. TwinRetro

    Global Moderator TwinRetro Don't start nothin', Won't be nothin'

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    And besides it being fake, This isn't how a C&D letter works. The context they used was the equivalent of telling a bank robber to freeze, and then shooting him anyway.
     
  9. Terminator02

    Member Terminator02 ヽ( 。 ヮ゚)ノ

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    Source (Bulbanews)
     
  10. Zetta_x

    Member Zetta_x The Insane Statistician

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    You have got to be shitting me.

    This is why pirating shouldn't be frowned upon. We have officially gave Nintendo so much power that, at will, can tell people to cease or decease.

    The world is messed up. Everyone is so damn greedy and anal about everything.
     
  11. GeekyGuy

    Global Moderator GeekyGuy Professional loafer

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    Eh...Nintendo has openly encouraged fan sites, but hey, they're fickle, so who knows. Would hate to see Serebii go offline, so let's hope this is a prank of some...bizarre sort.
     
  12. CrimzonEyed

    Member CrimzonEyed GBAtemp's Assassin

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  13. Goli

    Member Goli RPG

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    I think this also happened to PokéBeach. So I doubt it's fake.
     
  14. Zetta_x

    Member Zetta_x The Insane Statistician

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    It's too bad we can't tell Nintendo to cease (sending out legal notices) or decease. I mean if I drove by a freeway that had a billboard talking about Flashcarts and where I can get them, I would probably research and buy one. What keeps people making these billboards?

    Free Nintendo Games?!?!?!
    Buy _____
    $25
     
  15. CrimzonEyed

    Member CrimzonEyed GBAtemp's Assassin

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    Nintendo and GameFreaks are probably mad as hell now as pokemon B/W allready is working on flashcarts.
    And they have all rights to be mad, they want money for their hard work.
    Think if you worked on a game for a year and a half.
    It's like we are lowers their wages [​IMG]
     
  16. Terminator02

    Member Terminator02 ヽ( 。 ヮ゚)ノ

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    guyessessss y aren't you reading the whole thread (my post) before posting... anywayz,
    Source (Destructoid)
     
  17. haflore
    OP

    Member haflore aeternaliter fluxa

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  18. CrimzonEyed

    Member CrimzonEyed GBAtemp's Assassin

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    Kinda of my bad too, i posted it in the wrong section.
     
  19. TM2-Megatron

    Member TM2-Megatron Predacon Commander

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    Well, there's all manner of sprites in Bulbapedia, but Bulbagarden didn't get one of these letters. The action was seemingly brought on on PokeBeach and Serebii's use of unofficial sprite leaks; not taken from the game, but scanned from a magazine that will presumably come out at some point. PokeExperto got a letter as well, since the webmaster there was the one who leaked the sprites (he apparently works for the spanish Nintendo magazine).
     
  20. Terminator02

    Member Terminator02 ヽ( 。 ヮ゚)ノ

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    http://gbatemp.net/t255903-gotta-hush-em-a...t&p=3142440
     
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