Comment on Pokémon Co. Is Now DMCAing Years Old Videos Showing Pokémon Modded Into Other Games

LodeMike@lemmy.today ⁨8⁩ ⁨months⁩ ago

• Iapar@feddit.de ⁨8⁩ ⁨months⁩ ago

  Is it possible to DMCA strike every video on the official Pokémon YouTube channel?

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  • BrikoX@lemmy.zip ⁨8⁩ ⁨months⁩ ago

    support.google.com/youtube/answer/2807622?hl=en

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• TheBest@midwest.social ⁨8⁩ ⁨months⁩ ago

  But the Pokémon themselves are IP of Nintendo at the moment, so their inclusion is technically copyright infringement no?

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  • LodeMike@lemmy.today ⁨8⁩ ⁨months⁩ ago

    You can use copyrighted materials for fair use.

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    • TheBest@midwest.social ⁨8⁩ ⁨months⁩ ago

      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.

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      • Jakeroxs@sh.itjust.works ⁨8⁩ ⁨months⁩ ago

        Wouldn’t it also be dependent on receiving some sort of income from it? Also nal

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• D61@hexbear.net ⁨8⁩ ⁨months⁩ ago

  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.

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  • LodeMike@lemmy.today ⁨8⁩ ⁨months⁩ ago

    I’m like 90% sure the form says “under penalty of perjury I confirm that these statements are accurate and true.”

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    • D61@hexbear.net ⁨8⁩ ⁨months⁩ ago

      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.

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      • LodeMike@lemmy.today ⁨8⁩ ⁨months⁩ ago

        It’s literally perjury so yes

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    • Bakkoda@sh.itjust.works ⁨8⁩ ⁨months⁩ ago

      The original DMCA wording was very very harsh when it came to frivolous fillings. Hopefully it won’t shock you to believe that it’s rarely enforced and almost never enforced for large Corpos.

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