NSFCD

Game-o-rama => General Gaming => Pokemon => Topic started by: Macawmoses on September 18, 2010, 07:31:19 PM

Title: NOTICE: DMCA Enforcement (READ BEFORE POSTING)
Post by: Macawmoses on September 18, 2010, 07:31:19 PM
As you have undoubtedly heard, Nintendo is enforcing the Digital Millennium Copyright Act across various Pokemon fansites. While NSFCD is unlikely to get flagged for such material, many of you are evil hotlinkers, it's a possibility.

As an act of good faith towards Nintendo, we will be enforcing the DMCA on NSFCD. Any new posts with images, links to images, or otherwise will be removed on sight. Please just refrain from doing so for now.

Oh, and all DMCA Enforcement discussion can go here.
Title: Re: NOTICE: DMCA Enforcement (READ BEFORE POSTING)
Post by: Silverhawk79 on September 18, 2010, 07:33:46 PM
Don't chance it. Nintendo could wipe us out without even breaking a sweat.
Title: Re: NOTICE: DMCA Enforcement (READ BEFORE POSTING)
Post by: Neerb on September 18, 2010, 07:37:29 PM
Nonsense rule is nonsense.

But, I guess we don't want our forum going goodbye. Should we just go ahead and delete the 5th gen discussion thread? Because that thing's probably loaded with pics.
Title: Re: NOTICE: DMCA Enforcement (READ BEFORE POSTING)
Post by: Macawmoses on September 18, 2010, 07:39:41 PM
Nope. I'll only be enforcing it on new images that are put up.

Also, my thoughts on it:

http://nsider2.com/2010/09/19/noa-enforces-dmca/
Title: Re: NOTICE: DMCA Enforcement (READ BEFORE POSTING)
Post by: Cornwad on September 18, 2010, 07:48:17 PM
This is pretty informative:
http://bulbanews.bulbagarden.net/wiki/Fansites_served_with_copyright_infringement_notices

Some interesting stuff right there, because if it's legit it means that nobody will be able to post pictures of Nintendo video games ever again.
Title: Re: NOTICE: DMCA Enforcement (READ BEFORE POSTING)
Post by: Macawmoses on September 18, 2010, 07:55:27 PM
Nintendo is killing its own hype machine.
Title: Re: NOTICE: DMCA Enforcement (READ BEFORE POSTING)
Post by: Neerb on September 18, 2010, 08:01:55 PM
It's probably fake!!! This guy makes some veerrryyyy convincing points.

http://archives.bulbagarden.net/media/upload/4/45/ArchaicBeachPost.png (http://archives.bulbagarden.net/media/upload/4/45/ArchaicBeachPost.png)
Title: Re: NOTICE: DMCA Enforcement (READ BEFORE POSTING)
Post by: Silverhawk79 on September 18, 2010, 08:09:09 PM
Even if it is fake, we'll just enforce this until it's definitely debunked. Better safe than sorry. It probably won't last more than a few days.
Title: Re: NOTICE: DMCA Enforcement (READ BEFORE POSTING)
Post by: Macawmoses on September 18, 2010, 08:12:25 PM
Not quite. His arguments are loosely flawed. While the "very truly" etc. comments are spot on, there are faults.

First of all, just because vids are still on YT doesn't mean they will be for long. Nintendo and YT have yanked things before. As for the American branch issue, it'd be the local one to take action if anything. That's sensible. As for starting now, with some major elements to the series, the assertion that Nintendo may be in jeopardy could be seen as convincing, giving their stance on their legal page. Allow me a quote:

QuotePeople Making Nintendo Emulators and Nintendo ROMs are Helping Publishers by Making Old Games Available that are No Longer Being Sold by the Copyright Owner. This Does Not Hurt Anyone and Allows Gamers to Play Old Favorites. What's the Problem?

The problem is that it's illegal. Copyrights and trademarks of games are corporate assets. If these vintage titles are available far and wide, it undermines the value of this intellectual property and adversely affects the right owner. In addition, the assumption that the games involved are vintage or nostalgia games is incorrect. Nintendo is famous for bringing back to life its popular characters for its newer systems, for example, Mario and Donkey Kong have enjoyed their adventures on all Nintendo platforms, going from coin-op machines to our latest hardware platforms. As a copyright owner, and creator of such famous characters, only Nintendo has the right to benefit from such valuable assets.

As such, this could very well be a new tactic. I'm cashing in on my press access to get some answers, though.

Edit, as for it coming from Pokemon Company vs. Nintendo, from the Pokemon Site:

Quote2010 Pokémon. © 1995-2010 Nintendo/Creatures Inc./GAME FREAK Inc. Pokémon, Pokémon character names, Nintendo DS, Wii, and Wiiware are trademarks of Nintendo. Other trademarks are the property of their respective owners.

Title: Re: NOTICE: DMCA Enforcement (READ BEFORE POSTING)
Post by: DededeCloneChris on September 18, 2010, 09:04:47 PM
Um, then, should I get rid of my avatar? Does it seem that spoilerific?
Title: Re: NOTICE: DMCA Enforcement (READ BEFORE POSTING)
Post by: Cornwad on September 19, 2010, 10:24:35 AM
Weird, it's been confirmed to be legit but at this point it looks like only Pokebeach and Serebii have been asked to take it down. I wonder why those two were picked. Pokexperto was the source of the leaks and Bulbapedia has pretty much everything, but neither was asked to take it down. You also have sites like Psypokes and even Pokejungle. It's not even that they're only going after US sites, because Serebii is british. 
Title: Re: NOTICE: DMCA Enforcement (READ BEFORE POSTING)
Post by: Mystic on September 19, 2010, 10:55:19 AM
Bullpoop.
Title: Re: NOTICE: DMCA Enforcement (READ BEFORE POSTING)
Post by: Rayquarian on September 19, 2010, 11:04:10 AM
Bulbapedia updated.

QuoteFollowing further information posted in the discussion thread for this story on the Bulbagarden forums by WaterPokémonMaster, we are now confident in stating that this is not a hoax of any kind, and that these notices are legitimate. Both WaterPokémonMaster and Joe have since contacted the lawyer directly by phone. WaterPokémonMaster has made it clear in his statement on our forums that he does not wish to discuss the content of these discussions. The exact reasons for these notices having been sent to these sites are as of yet still not fully understood by Bulbagarden.
Title: Re: NOTICE: DMCA Enforcement (READ BEFORE POSTING)
Post by: Rayquarian on September 19, 2010, 11:06:08 AM
Quote from: Cornwad on September 19, 2010, 10:24:35 AM
Weird, it's been confirmed to be legit but at this point it looks like only Pokebeach and Serebii have been asked to take it down. I wonder why those two were picked. Pokexperto was the source of the leaks and Bulbapedia has pretty much everything, but neither was asked to take it down. You also have sites like Psypokes and even Pokejungle. It's not even that they're only going after US sites, because Serebii is british.
Maybe they're trying to target central American Pokémon sites?  Serebii is British, but I'm sure many Americans visit him.  That'd explain why they didn't go after Pokexperto, and maybe Bulbapedia is still under the radar for NoA.
Title: Re: NOTICE: DMCA Enforcement (READ BEFORE POSTING)
Post by: Neerb on September 19, 2010, 11:41:15 AM
Wait, so if we haven't been given a notice (and we are a pretty small site), could we go ahead and post stuff?
Title: Re: NOTICE: DMCA Enforcement (READ BEFORE POSTING)
Post by: Macawmoses on September 19, 2010, 11:51:27 AM
See, the issue here is that they have priorities. Pokebeach was the top of the list for the guy because he was American. Serebii got a slightly different one from NoE.

Also, no, we will still be enforcing it for now. Again, I highly doubt we will be targeted (NS2 hasn't received notice, my sources tell me), but we're not taking chances.
Title: Re: NOTICE: DMCA Enforcement (READ BEFORE POSTING)
Post by: Macawmoses on September 19, 2010, 12:19:39 PM
After a discussion with NS2 Staff, they've decided to also enforce the DMCA. They have not received a letter, but they, too, will be avoiding any issues.

So here we go again with NS2 copying us >:(
Title: Re: NOTICE: DMCA Enforcement (READ BEFORE POSTING)
Post by: Cornwad on September 19, 2010, 12:23:25 PM
I wonder if Serebii will be allowed to post again once the game come out in NA, or if NoA will continue with their bullpoop.
Title: Re: NOTICE: DMCA Enforcement (READ BEFORE POSTING)
Post by: DededeCloneChris on September 19, 2010, 12:30:08 PM
Quote from: Cornwad on September 19, 2010, 12:23:25 PM
I wonder if Serebii will be allowed to post again once the game come out in NA, or if NoA will continue with their bullpoop.
...It's obvious pretty much everyone will be allowed once it comes here.
Title: Re: NOTICE: DMCA Enforcement (READ BEFORE POSTING)
Post by: Silverhawk79 on September 19, 2010, 12:37:12 PM
Quote from: Neerb on September 19, 2010, 11:41:15 AM
Wait, so if we haven't been given a notice (and we are a pretty small site), could we go ahead and post stuff?
I wouldn't chance it.
Title: Re: NOTICE: DMCA Enforcement (READ BEFORE POSTING)
Post by: Nayrman on September 20, 2010, 02:47:40 PM
Nintendo, stop treating your fanbase like poops. We just want to know about the game. If you want to call this DMCA nonsense, release your games worldwide at the same time. Don't give us a "oh, about six months or so and then you can have it." and then expect us to not try and find any information about it or post pics and such. It's unfair to your overseas fanbase.

Even from a company standpoint it's ludicrous. Stop killing the hype for your own game! You're only making yourselves look bad by acting like corporate nazi's and acting like you own the internet. To be honest, unless the game itself is being distributed online, you are not being harmed in any way by pics and videos being on the internet. Next thing you know it'll be "illegal" to play the games without charging for the players to turn the system on! (Outrageously extreme I know, I'm just trying to make a point that this is plainly ludicrous.)

I still have to wonder why the hell it's this game. They knew it was going to take a while to get outside of Japan, they KNEW it would be "leaked" online and we would know stuff about the game before it came out here on our side of the Pacific. This has happened plenty of times before for every other big franchise they own (Brawl anyone?) but NOW they decide to be completely anal about every little thing? Seriously Nintendo, stop shooting yourselves in the foot. You already have a terrible rep among the hardcore gaming group, and now you're pissing off the media that reports things to those core players. Why not just hang a sign that says "Hey! EVERYONE HATE US!" right around your necks?
Title: Re: NOTICE: DMCA Enforcement (READ BEFORE POSTING)
Post by: Lotos on September 20, 2010, 04:11:22 PM
Protip: It's fake.

Also, Mack, you pasted a picture of some new Pokemon in the ctrl+v thread.  Go find it.  I was avoiding this board for fear of spoilers.
Title: Re: NOTICE: DMCA Enforcement (READ BEFORE POSTING)
Post by: DededeCloneChris on September 20, 2010, 04:18:34 PM
Quote from: Nayrman on September 20, 2010, 02:47:40 PM
Nintendo, stop treating your fanbase like poops. We just want to know about the game. If you want to call this DMCA nonsense, release your games worldwide at the same time. Don't give us a "oh, about six months or so and then you can have it." and then expect us to not try and find any information about it or post pics and such. It's unfair to your overseas fanbase.

Even from a company standpoint it's ludicrous. Stop killing the hype for your own game! You're only making yourselves look bad by acting like corporate nazi's and acting like you own the internet. To be honest, unless the game itself is being distributed online, you are not being harmed in any way by pics and videos being on the internet. Next thing you know it'll be "illegal" to play the games without charging for the players to turn the system on! (Outrageously extreme I know, I'm just trying to make a point that this is plainly ludicrous.)

I still have to wonder why the hell it's this game. They knew it was going to take a while to get outside of Japan, they KNEW it would be "leaked" online and we would know stuff about the game before it came out here on our side of the Pacific. This has happened plenty of times before for every other big franchise they own (Brawl anyone?) but NOW they decide to be completely anal about every little thing? Seriously Nintendo, stop shooting yourselves in the foot. You already have a terrible rep among the hardcore gaming group, and now you're pissing off the media that reports things to those core players. Why not just hang a sign that says "Hey! EVERYONE HATE US!" right around your necks?
It's funny how you never sent these letters of complaints to them and show them to us instead, thinking we're the staff. :D

But anyway, I think there are certain stuff that shouldn't be demonstrated to the American fanbase simply because of translation issues. And besides, I respect their opinion since they want to have us excited to show us their new stuff until they make an official statement saying that they're bringing it over here.
Title: Re: NOTICE: DMCA Enforcement (READ BEFORE POSTING)
Post by: Macawmoses on September 20, 2010, 04:23:58 PM
Quote from: Lotos on September 20, 2010, 04:11:22 PM
Protip: It's fake.

Also, Mack, you pasted a picture of some new Pokemon in the ctrl+v thread.  Go find it.  I was avoiding this board for fear of spoilers.
It's the first time in our history we haven't had a spoiler rule, sir. :)

And as I posted, all NEW ones. I haven't been in Control V for ages. Certainly not going back.
Title: Re: NOTICE: DMCA Enforcement (READ BEFORE POSTING)
Post by: Nayrman on September 20, 2010, 04:24:57 PM
Quote from: AuraChannelerChris on September 20, 2010, 04:18:34 PM
It's funny how you never sent these letters of complaints to them and show them to us instead, thinking we're the staff. :D

But anyway, I think there are certain stuff that shouldn't be demonstrated to the American fanbase simply because of translation issues. And besides, I respect their opinion since they want to have us excited to show us their new stuff until they make an official statement saying that they're bringing it over here.
Translation issues? Like what? Nintendo is the most "kid friendly" (guh) company in videogames, so what translation issues could there be? It couldn't be violence or swearing...so I really don't get what you mean by that.

So....they want to have us excited to show us their new stuff.........by limiting what we see and not letting us see their new stuff? Oh, what, they want to surprise us by saying it's coming over here to the states? It's pokemon! Of course it's coming over. Geez, this isn't hard to figure out.
Title: Re: NOTICE: DMCA Enforcement (READ BEFORE POSTING)
Post by: DededeCloneChris on September 20, 2010, 04:28:20 PM
Quote from: Nayrman on September 20, 2010, 04:24:57 PM
Translation issues? Like what? Nintendo is the most "kid friendly" (guh) company in videogames, so what translation issues could there be? It couldn't be violence or swearing...so I really don't get what you mean by that.

So....they want to have us excited to show us their new stuff.........by limiting what we see and not letting us see their new stuff? Oh, what, they want to surprise us by saying it's coming over here to the states? It's pokemon! Of course it's coming over. Geez, this isn't hard to figure out.
The fact that we have some Pokemon named "Smugleaf" proves the fact that they need time to come up with nice names for all the new Pokemon, for example.
Title: Re: NOTICE: DMCA Enforcement (READ BEFORE POSTING)
Post by: Macawmoses on September 20, 2010, 04:29:05 PM
I'd laugh if we didn't get Black and White, and instead got a game called DS RPG Game: Featuring Animal Things. They killed Mario Party after all.
Title: Re: NOTICE: DMCA Enforcement (READ BEFORE POSTING)
Post by: Nayrman on September 20, 2010, 05:01:05 PM
Quote from: AuraChannelerChris on September 20, 2010, 04:28:20 PM
The fact that we have some Pokemon named "Smugleaf" proves the fact that they need time to come up with nice names for all the new Pokemon, for example.
It doesn't take six months to come up with new names, not to mention Pokemon is almost 15 years old now, they really should be preparing for this ahead of time. Again, I bring up FF13 as the example. If Square-Enix can get all the text and dubbing done in four months between the US and Japan releases, surely Nintendo, third most profitable company in Japan, can bother to translate some text in that amount of time. But no, apparently it takes six months to translate text (a lot of which really shouldn't be all that hard). I'm sorry, but that excuse doesn't work anymore.
Title: Re: NOTICE: DMCA Enforcement (READ BEFORE POSTING)
Post by: Cornwad on September 20, 2010, 05:02:50 PM
I don't understand why they can't just work on both languages at the same time. You know, like they do for all of the other games.
Title: Re: NOTICE: DMCA Enforcement (READ BEFORE POSTING)
Post by: bluaki on September 20, 2010, 05:07:08 PM
From what I take on it, the localization process includes:
1. Translation of dialogue, menus, etc.
2. Localization/translation of names for creatures, characters, and locations
3. Programming for trivial changes to the game mechanics, such as Voltorb Flip, increasing nickname space to 10 characters, and change in keyboard layouts
4. Creating marketing videos, materials, and web site (I might add that NOA has not seemed to bother promoting Black/White at all yet beyond the initial reveal)
5. Beta testing
6. Legal matters regarding copyright for localized names
7. Manufacturing game carts, cases, and manuals. And shipping.
8. Possibly waiting several months extra for launch for the sake of strategic release date (i.e. not shortly after Christmas)

Of these, 1 is something that fan translations tend to do. 2 is something that some fans attempt to do, but companies do better. The remaining 6 parts are extra issues faced just because of being a large company.

And popular fan sites only contribute to their intentions with 4, as long as they don't encourage things like piracy, so I don't see why they'd be concerned about them. I have doubts that this threat is even (if not fake) legally valid, considering fair use and whatnot; but it's not like I (or practically any of the rest of the pokemon fanbase) have any legal knowledge.
Title: Re: NOTICE: DMCA Enforcement (READ BEFORE POSTING)
Post by: Magnum on September 20, 2010, 05:08:05 PM
Actually Nayr, last I checked, Nintendo was the second most. Did they recently change?
Title: Re: NOTICE: DMCA Enforcement (READ BEFORE POSTING)
Post by: Nayrman on September 20, 2010, 05:26:25 PM
Quote from: bluaki on September 20, 2010, 05:07:08 PM
From what I take on it, the localization process includes:
1. Translation of dialogue, menus, etc. My square Enix and MGS4 examples still count.
2. Localization/translation of names for creatures, characters, and locations Pokemon is one of the biggest franchises in gaming, they should really be prepared/working on this from the get go
3. Programming for trivial changes to the game mechanics, such as Voltorb Flip, increasing nickname space to 10 characters, and change in keyboard layouts again, they should be working on this from the get go. Not to mention this is already 5th gen. They should know how to do this by now.
4. Creating marketing videos, materials, and web site (I might add that NOA has not seemed to bother promoting Black/White at all yet beyond the initial reveal) NOA doesn't advertise anything. It's Nintendo...
5. Beta testing the game is done dude.
6. Legal matters regarding copyright for localized names This is where I agree with you
7. Manufacturing game carts, cases, and manuals. And shipping. They should know how to do this already. Again, a lot of their stuff sells so darn well, Nintendo should be aware of how to make a lot of carts quickly X_X;;
8. Possibly waiting several months extra for launch for the sake of strategic release date (i.e. not shortly after Christmas) It'd be like waiting for a better release date for a new Mario game, it's GOING to sell...there's no point in waiting.

Of these, 1 is something that fan translations tend to do. 2 is something that some fans attempt to do, but companies do better. The remaining 6 parts are extra issues faced just because of being a large company.

And popular fan sites only contribute to their intentions with 4, as long as they don't encourage things like piracy, so I don't see why they'd be concerned about them. I have doubts that this threat is even (if not fake) legally valid, considering fair use and whatnot; but it's not like I (or practically any of the rest of the pokemon fanbase) have any legal knowledge.

My thoughts.

Quote from: MagnumSonic on September 20, 2010, 05:08:05 PM
Actually Nayr, last I checked, Nintendo was the second most. Did they recently change?

Either way the point is still valid. If FF13 can get a four month window between releases and Metal Gear Solid 4 have a near simultaneous launch, surely Nintendo (a much bigger company) can handle some darn text.
Title: Re: NOTICE: DMCA Enforcement (READ BEFORE POSTING)
Post by: Neerb on September 20, 2010, 06:06:30 PM
Um... so... are we still enforcing this thing? Was it proven fake? Not to "tattle" or anything, but I continue to see posts linking to sprites, as well as avatars and sigs containing Black & White stuff, so I'm a bit confused...
Title: Re: NOTICE: DMCA Enforcement (READ BEFORE POSTING)
Post by: on September 21, 2010, 01:38:34 AM
Well now. I did not know this was going on. I find this kinda funny but also kinda not
Title: Re: NOTICE: DMCA Enforcement (READ BEFORE POSTING)
Post by: Macawmoses on September 22, 2010, 01:28:04 PM
Nintendo's been releasing official statements. Basically, letter is fully legit, as described by Pokebeach.
Title: Re: NOTICE: DMCA Enforcement (READ BEFORE POSTING)
Post by: Homewrecker on September 26, 2010, 11:04:30 AM
Quote from: Mace on September 18, 2010, 07:31:19 PM
As an act of good faith towards Nintendo, we will be enforcing the DMCA on NSFCD.
(http://i51.tinypic.com/2mwfiq0.jpg)

Quote from: Silverhawk79 on September 18, 2010, 07:33:46 PM
Don't chance it. Nintendo could wipe us out without even breaking a sweat.
oh wait you're serious let me laugh even harder.gif
Title: Re: NOTICE: DMCA Enforcement (READ BEFORE POSTING)
Post by: Mystic on September 26, 2010, 04:59:46 PM
Quote from: Persephone on September 26, 2010, 11:04:30 AM
(http://i51.tinypic.com/2mwfiq0.jpg)
Looks like my cousin. holy poop
Title: Re: NOTICE: DMCA Enforcement (READ BEFORE POSTING)
Post by: JrDude on March 30, 2011, 02:04:37 AM
I think this can get deleted or something now.
Title: Re: NOTICE: DMCA Enforcement (READ BEFORE POSTING)
Post by: FruitFlow on March 30, 2011, 08:11:12 AM
Oh man.
I remember these days.