Nintendo shuts down Pokémon Prism ROM Hack

[A Plus Ric]

But Nintendo would win regardless and the legal expenses would have to be paid by the losing party.

Most are foreign places like China that wouldn't even let it go to court(they probably make them). They don't sue and shut down clones when it's worth doing because they cant.....or they would. They used to with other shit in the past, remember when Atari created Tengen?

 

[FAST6191]

I did look up trademark law here and it's definately not the same as trademark law in the states. It clearly says here if you bought the product and don't earn a single penny of it and credit the Original creator for their property then they can't do anything legal. I saw Nintendo always uses US trademark law in their letters wich don't apply to all countries. But they know by doing this people are scared shitless and stop doing what they were doing. Copying material is even legal here in Belgium as long as you don't sell it to earn money of it.

What you refer to sounds more like copyright and right to backups and would be broadly in line with a lot of things I have seen there, though Belgium once was a place where people hopped over the border to so as to buy media and dodge levies placed upon writeable media.

Anyway I looked up trademark law in Belgium and found a law firm handling it which gives nice English writeup, I am happy enough to use it as a source here but if we have to use a gov website can we do the French version if it is not provided in English to then give me a fighting chance of translating it/arguing it.
http://www.ictrecht.be/en/services/intellectual_property/trademark_law_legalprinciples.html

Rights

The trademark owner can prevent any use of identical or similar signs to the trade mark. The criterion here is the ‘confusion’ in the relevant target audience.

I will also state the rest of the writeup falls in line with UK and US thinking on the matter of trademarks.

Nintendo has games called pokemon red, green, blue, gold, silver and yellow if we are just sticking with colours, and continues to release versions of them upon a variety of consoles to this day. They also make similar logos, signs and such for their works. To that end having words like pokemon, brown and official in your names and sites is not a hard sell for something that could cause confusion in the relevant audience (parents buying their kids games). It says nothing about ignoring trademarks for works that do not garner profit and all the relevant discussion of trademarks in the PDF would apply there, assuming they have registered it in Belgium or the EU (for a bit more money you have the option for an EU wide trademark that all member states get to comply with, and as such most trademark stuff is harmonised between said EU member states) and from memory and stuff I did for Pokemon Uranium the other month then they have it everywhere.

 

[Jayro]

What you refer to sounds more like copyright and right to backups and would be broadly in line with a lot of things I have seen there, though Belgium once was a place where people hopped over the border to so as to buy media and dodge levies placed upon writeable media.

Anyway I looked up trademark law in Belgium and found a law firm handling it which gives nice English writeup, I am happy enough to use it as a source here but if we have to use a gov website can we do the French version if it is not provided in English to then give me a fighting chance of translating it/arguing it.
http://www.ictrecht.be/en/services/intellectual_property/trademark_law_legalprinciples.html

I will also state the rest of the writeup falls in line with UK and US thinking on the matter of trademarks.

Nintendo has games called pokemon red, green, blue, gold, silver and yellow if we are just sticking with colours, and continues to release versions of them upon a variety of consoles to this day. They also make similar logos, signs and such for their works. To that end having words like pokemon, brown and official in your names and sites is not a hard sell for something that could cause confusion in the relevant audience (parents buying their kids games). It says nothing about ignoring trademarks for works that do not garner profit and all the relevant discussion of trademarks in the PDF would apply there, assuming they have registered it in Belgium or the EU (for a bit more money you have the option for an EU wide trademark that all member states get to comply with, and as such most trademark stuff is harmonised between said EU member states) and from memory and stuff I did for Pokemon Uranium the other month then they have it everywhere.

I have a perma-link to Uranium in my sig, just in case anyone needs it.

 

[kumikochan]

I'm still a 100 percent sure about trademark laws being different here as long as you don't earn a profit and credit the Original creator.

 

[bradzx]

FUCK YOU, NINTENDO!!!!!!!! FUCK OFF OR INSTEAD HIRE THEM!!!!!! FUCK OFF, NINTENDO!!!!! FIRST METROID 2 REMAKE, THEN POKEMON URANIUM, AND NOW THIS?! COME ON, WHERE IS YOUR SUPPORTER JACKASS GO?! OH THAT RIGHT, NINTENDO DON'T!!!!

 

[cearp]

Love how Nintendo keep shutting down non-profit fangames while doing nothing against the bootlegs and clones.

i'd love to see how many letters/emails they have sent sky3ds and gateway!

 

[WiiUBricker]

i'd love to see how many letters/emails they have sent sky3ds and gateway!

Nintendo: Please cease selling your Gateway card
Gateway: Soon

 

[Arck]

Nintendo: Please cease selling your Gateway card
Gateway: Soon

"as soon as our next update!"

 

[Sliter]

Guys, did you get that it's not nintendo directly doing this, but someone hired for that? Nintendo don't even know about it to have a idea like " wow lets officialese it" like people dream doing stuff like that pokemon urainum ...
funny how sega used like " yes it was nintendo and we are better, post your romhacks for us! muahhaha" hahha XD these marketing people...
anyway, I liked the project but hey, it obviously illegal, nothing more to expect using trademarked names... maybe if they made a total "fangame" using the pokemon mechanics as base but not it's name, it would not have take this way :B
maybe they can "save" the project with this... just replace the actual pokemon for new creatures and give it(the project ad the "monsters")a new name xD

 

[munchy_cool]

Bottom line is, if it hurts their business they will try to shut it down ...they have the money to fight legal battles , which the developer might now have and thats how Nintendo wins.

I am not sure if he can open source it and let anyone compile it..

 

[WiiUBricker]

Bottom line is, if it hurts their business they will try to shut it down ...they have the money to fight legal battles , which the developer might now have and thats how Nintendo wins.

I am not sure if he can open source it and let anyone compile it..

No he can't. Game is unreleased. If it gets released in any form, compiled or not compiled, Nintendo knows he did it and can sue him.

 

[munchy_cool]

No he can't. Game is unreleased. If it gets released in any form, compiled or not compiled, Nintendo knows he did it and can sue him.

well someone broke into my home and stole my PC then , had all the source code

I just joke , I know its going to be hard to do something like what I said ...hope Adam moves on and creates something big

 

[Something whatever]

Another one bites the dust

 

[bradzx]

Not only that, it didn't release the public yet. We have 4 days to go. Jeez, thank Ninerd for ruined the Christmas gift. You ruined Koolboyman's present. Look like we are going get coal from Ninerd on Christmas. Guess we have no choice but use secret weapon.

 

[chrisrlink]

thing is this is a ROM hack which is illegal regaurdless cause it used a modified offical rom on another note i haven't heard of any computer fan games being shut down since GF accepted the idea and started hiring infact Pokemon uranium is still getting patches by other and the Tandor online network is running