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What's this DMCA nonsense?



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16 replies to this topic

#1  Share
RayQ

RayQ

    The flow of time is always cruel...

  • 39,024 posts
I noticed this floated at NSF.

As you have undoubtedly heard, Nintendo is enforcing the Digital Millennium Copyright Act across various Pokemon fansites.


Wait, really? They can do this? But why would they want to do this? WHERE'S MY AVATAR!?

#2  Share
Guest- Wonder Pink

Guest- Wonder Pink
Read the full letter, it is not written in proper legal format, thus most likely a hoax.
So pay it no heed.

#3  Share
Gibi5

Gibi5
  • 47,487 posts
Wait, it seriously affected your avatar? matty;

I saw that the images on Serebii got taken down but didn't know Nintendo's *****ing was so widespread...

#4  Share
sçy1192

sçy1192
  • 37,781 posts
I think it's this http://en.wikipedia...._Limitation_Act

#5  Share
Guest- Wonder Pink

Guest- Wonder Pink

Wait, it seriously affected your avatar? matty;

I saw that the images on Serebii got taken down but didn't know Nintendo's *****ing was so widespread...

Serebii openly admitted he used a ROM to get his information.
Again the near full letter is posted on Bulbapedia, and it is full of grammar errors and contradictions.

#6  Share
AdminJuni

Juni

    Lead Admin

  • 58,563 posts
Oh god, I don't want to lose my avatar too.

#7  Share
LimeCatMaster

LimeCatMaster

    Very, very mad.

  • 14,512 posts

Read the full letter, it is not written in proper legal format, thus most likely a hoax.
So pay it no heed.

All of the legal contacts were real.

#8  Share
Guest- Wonder Pink

Guest- Wonder Pink


Read the full letter, it is not written in proper legal format, thus most likely a hoax.
So pay it no heed.

All of the legal contacts were real.

So you can easily get all that info online, if not from NoA's site.
The lack of formal legal grammar and the many contradictions contained in the letter, negates any legitimacy the letter holds.
Not all Pokemon fan sites received this letter.

Also NoA has no authority with what Serebii posts because Serebii is in the UK, thus outside of the DMCA and US jurisdiction.

So why didn't NoE or Nintendo UK send Serebii a cease and desist order?

#9  Share
Gibi5

Gibi5
  • 47,487 posts



Read the full letter, it is not written in proper legal format, thus most likely a hoax.
So pay it no heed.

All of the legal contacts were real.

So you can easily get all that info online, if not from NoA's site.
The lack of formal legal grammar and the many contradictions contained in the letter, negates any legitimacy the letter holds.
Not all Pokemon fan sites received this letter.

Also NoA has no authority with what Serebii posts because Serebii is in the UK, thus outside of the DMCA and US jurisdiction.

So why didn't NoE or Nintendo UK send Serebii a cease and desist order?

Where does it say it was NoA?

#10  Share
Guest- Wonder Pink

Guest- Wonder Pink




Read the full letter, it is not written in proper legal format, thus most likely a hoax.
So pay it no heed.

All of the legal contacts were real.

So you can easily get all that info online, if not from NoA's site.
The lack of formal legal grammar and the many contradictions contained in the letter, negates any legitimacy the letter holds.
Not all Pokemon fan sites received this letter.

Also NoA has no authority with what Serebii posts because Serebii is in the UK, thus outside of the DMCA and US jurisdiction.

So why didn't NoE or Nintendo UK send Serebii a cease and desist order?

Where does it say it was NoA?

PokéBeach Copyright Infringement Notice:

URGENT & TIME SENSITIVE: IMMEDIATE ATTENTION REQUIRED September 18, 2010 Registrant PokeBeach.com RE: Infringement of Nintendo of America Inc.’s Intellectual Property Rights

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 Pokémon franchise is one of Nintendo’s most popular game series, and the upcoming release of the Pokémon Black and Pokémon 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 Pokémon Black and Pokémon White games to your website at http://pokebeach.com. While Nintendo appreciates your interest in and support of the Pokémon 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 Pokémon Black and Pokémon White games. Going forward, you must also refrain from posting any screenshots, videos, or other content that infringes Nintendo’s rights in the Pokémon 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.

Please contact me if you would like to discuss this matter in further detail. Nothing stated herein shall constitute a waiver of any rights or remedies of Nintendo of America Inc., its parent or affiliated companies, all of which are expressly reserved.

http://bulbanews.bul...ngement_notices

The one Serebii received is near identical except for the British English, the lawyer is still the same.
Also all Pokemon stuff including Copyrights and IP violations are generally done under the Pokemon Company, instead of the Nintendo's divisions.

But the there are plenty of Poke fansites who have not been issued this letter.

Finally this is the first time this has ever been pulled.

Edited by M!, Sep 19 2010, 12:04 AM


#11  Share
LimeCatMaster

LimeCatMaster

    Very, very mad.

  • 14,512 posts





Read the full letter, it is not written in proper legal format, thus most likely a hoax.
So pay it no heed.

All of the legal contacts were real.

So you can easily get all that info online, if not from NoA's site.
The lack of formal legal grammar and the many contradictions contained in the letter, negates any legitimacy the letter holds.
Not all Pokemon fan sites received this letter.

Also NoA has no authority with what Serebii posts because Serebii is in the UK, thus outside of the DMCA and US jurisdiction.

So why didn't NoE or Nintendo UK send Serebii a cease and desist order?

Where does it say it was NoA?

PokéBeach Copyright Infringement Notice:

URGENT & TIME SENSITIVE: IMMEDIATE ATTENTION REQUIRED September 18, 2010 Registrant PokeBeach.com RE: Infringement of Nintendo of America Inc.’s Intellectual Property Rights

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 Pokémon franchise is one of Nintendo’s most popular game series, and the upcoming release of the Pokémon Black and Pokémon 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 Pokémon Black and Pokémon White games to your website at http://pokebeach.com. While Nintendo appreciates your interest in and support of the Pokémon 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 Pokémon Black and Pokémon White games. Going forward, you must also refrain from posting any screenshots, videos, or other content that infringes Nintendo’s rights in the Pokémon 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.

Please contact me if you would like to discuss this matter in further detail. Nothing stated herein shall constitute a waiver of any rights or remedies of Nintendo of America Inc., its parent or affiliated companies, all of which are expressly reserved.

http://bulbanews.bul...ngement_notices

The one Serebii received is near identical except for the British English, the lawyer is still the same.
Also all Pokemon stuff including Copyrights and IP violations are generally done under the Pokemon Company, instead of the Nintendo's divisions.

But the there are plenty of Poke fansites who have not been issued this letter.

Finally this is the first time this has ever been pulled.

Starter evolutions, all I'm going to say.

#12  Share
Guest- Wonder Pink

Guest- Wonder Pink

Starter evolutions, all I'm going to say.

Most of the leaks including the Starters came from a Spanish site, which Pokebeach obtained them from.

#13  Share
LimeCatMaster

LimeCatMaster

    Very, very mad.

  • 14,512 posts


Starter evolutions, all I'm going to say.

Most of the leaks including the Starters came from a Spanish site, which Pokebeach obtained them from.

/totallynotmypoint

Everyone was calling **** on them, and every Pokémon up until the games release. Enough crazy **** has happened, I'm willing to believe this.

#14  Share
Guest- Wonder Pink

Guest- Wonder Pink



Starter evolutions, all I'm going to say.

Most of the leaks including the Starters came from a Spanish site, which Pokebeach obtained them from.

/totallynotmypoint

Everyone was calling **** on them, and every Pokémon up until the games release. Enough crazy **** has happened, I'm willing to believe this.

Do you not remember the outcry over Gen IV designs?
The point is this is part of the Pokemon cycle, and said cycle is on schedule.
If there is a Gen VI, this will happen all over again.

Any site in the world can now legally obtain information and pics of Gen V, because the games are already out in Japan.
Japanese sites should already have all the info posted.
Why hasn't Nintendo pulled all the Pokemon B&W videos, screenshots and soundtrack from Youtube?
Why hasn't Bulbapedia and others with the same information and pics posted, received said letter?
Why were only select sites were given this order?

Finally the biggest issue of all, the letter.
Why is this supposed cease and desist letter not written in proper legal format?
Why does this letter have numerous contradictions and grammar errors in it?
The letter reads like a rough draft, or something a HS student would write.

These all screams fishy or something Gibi5 would pull.

#15  Share
LimeCatMaster

LimeCatMaster

    Very, very mad.

  • 14,512 posts




Starter evolutions, all I'm going to say.

Most of the leaks including the Starters came from a Spanish site, which Pokebeach obtained them from.

/totallynotmypoint

Everyone was calling **** on them, and every Pokémon up until the games release. Enough crazy **** has happened, I'm willing to believe this.

Do you not remember the outcry over Gen IV designs?
The point is this is part of the Pokemon cycle, and said cycle is on schedule.
If there is a Gen VI, this will happen all over again.

Any site in the world can now legally obtain information and pics of Gen V, because the games are already out in Japan.
Japanese sites should already have all the info posted.
Why hasn't Nintendo pulled all the Pokemon B&W videos, screenshots and soundtrack from Youtube?
Why hasn't Bulbapedia and others with the same information and pics posted, received said letter?
Why were only select sites were given this order?

Finally the biggest issue of all, the letter.
Why is this supposed cease and desist letter not written in proper legal format?
Why does this letter have numerous contradictions and grammar errors in it?
The letter reads like a rough draft, or something a HS student would write.

These all screams fishy or something Gibi5 would pull.

I'm going to say the same thing I did to the people who cried over the starters:

I'm going to laugh at you when this is legit.

#16  Share
Guest- Wonder Pink

Guest- Wonder Pink





Starter evolutions, all I'm going to say.

Most of the leaks including the Starters came from a Spanish site, which Pokebeach obtained them from.

/totallynotmypoint

Everyone was calling **** on them, and every Pokémon up until the games release. Enough crazy **** has happened, I'm willing to believe this.

Do you not remember the outcry over Gen IV designs?
The point is this is part of the Pokemon cycle, and said cycle is on schedule.
If there is a Gen VI, this will happen all over again.

Any site in the world can now legally obtain information and pics of Gen V, because the games are already out in Japan.
Japanese sites should already have all the info posted.
Why hasn't Nintendo pulled all the Pokemon B&W videos, screenshots and soundtrack from Youtube?
Why hasn't Bulbapedia and others with the same information and pics posted, received said letter?
Why were only select sites were given this order?

Finally the biggest issue of all, the letter.
Why is this supposed cease and desist letter not written in proper legal format?
Why does this letter have numerous contradictions and grammar errors in it?
The letter reads like a rough draft, or something a HS student would write.

These all screams fishy or something Gibi5 would pull.

I'm going to say the same thing I did to the people who cried over the starters:

I'm going to laugh at you when this is legit.

This is not legit, and Pokebeach is not complying.
On off chance that it is legit, then we will know at 3pm ET tomorrow.

#17  Share
Hiei

Hiei
  • 33,082 posts
Seems fake. Even if you cite the law, you are in most circumstances required to also cite the section and/or clause in order to lodge a complaint with the DMCA, and the DMCA allows more than 24 hours for takedowns, these lawyers could face ethics complaints if they allege or demand otherwise.

That and it just doesn't fit the normal wording for DMCA takedown notices, but whatever.


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