Nintendo 'Material'

[Slasheree]

Would Nintendo let you use pokemon silver sprites, since they are so outdated ? D:

[Exception]

No. They won't allow you to use ANYTHING that's part of their trademark (Note that I said trademark, not copyright. There's an important difference), for the sake of protecting it.

[Slasheree]

houm… ok :\

[Slasheree]

I once found sprites of new pokemons (custom made [not those pokemon fusion stuff]), but I can't find them anymore s:

[Exception]

Regardless of if they're custom, you're still using concepts that belong to Nintendo and GameFreak.

[Slasheree]

is masterball their trademark, or only pokeball ? o:

because of the poke

[Exception]

Yes.

It is still part of the trademark. Trademarks protect the concept as an entirety. The reason a trademark is used, and not a copyright is because it's too broad, and it's a brand. **Trademarks can become invalidated, and can pass into public domain if people started using them as their own, hence why huge legal implications happen when trademarks are often used**. It's for this reason that absolutely everything falls into that, and regardless of what people might tell you, or what laws they might think they can make up for themselves, that's the fact.

ANY Nintendo brand; Pokémon, Mario, Metroid, Zelda, etc, would not allow you to produce work even if it's only based on it, for the sake of protecting it. THAT is why Nintendo doesn't like ANYBODY using their work, with extremely few exceptions, as it'd lead to their own brands becoming public domain, meaning anybody could profit from it.

(For more information, see: http://en.wikipedia.org/wiki/Trademark and http://www.ipo.gov.uk/types/tm/t-about/t-whatis.htm)

[Slasheree]

then how can pokemmo be online ? ._.

[Exception]

That's simple. They're breaking the law, and probably already have been contacted by Nintendo, but are ignoring them. Pokémon Cyrus has done the same thing.

It'll come back to bite them in the arse someday. Painfully.

[Greendude120]

Actually PokeMMO is bypassing the law and Cyrus is breaking it.

The PokeMMO team have an engine which loads graphics from Roms. As you may have noticed, rom sites have been up for years and they do not get shut down even if they have a massive quantity of Nintendo roms.

I do not know the specific details but from what I understand, the team's method of using roms to load onto their engine bypasses nintendo's policies.

I'm sure eventually if PokeMMO tried to make money and were succesful, Nintendo would try to bring them in court nonetheless because they have powerful lawyers, but for the time being they are safe.

The above is based on a conversation I had with one of the admins.

[Exception]

> -snip-

Well, your admin friend is a liar. They can't make the laws up for themselves, and what those ROM sites do -are- illegal, matter-of-factly. Just because they've not been apprehended about the matter doesn't make it legal. Going onto getting the graphics from the ROMs, they're still using the Pokemons' trademark assets.

As I said, there are few exceptions, through whatever means, and those few exceptions are where they've had permission, not loopholes in some random pseudo-law. From my memory that's happened… ... ...?

As an example of people who make laws up for themselves; it's a -very- common misconception that it's perfectly legal for you to download the ROM of a game that you own. **WRONG**.

[Greendude120]

Not saying it's all legal. I'm sure just saying what the admin told me. They read the rules, they think they have bypassed it. (it even says they are trying it out on the website).

> We aren't the first to do this, many have tried, many have failed. We have a plan, sort of. But we intend to stay around for a long time and bring you the best MMO ever, we have nothing better to do.

As for rom sites, the point I was making is that, if they can stay up this long, (and make money too from ads and stuff) then I don't see why PokeMMO wouldnt last a few years. (until admins grow old)

I've always said that pokemon/naruto/harry potter games are illegal and should not be attempted (especially cause they are bad lol).

[highonpaint]

I must point out that downloading a rom is NOT illegal If you have fully purchased the game beforehand, Once you have done that you MAY use the rom for things like POKEMMO they have purchased all the games that the roms belong to

EDIT: THE ABOVE INFORMATION IS INCORRECT AS IT IS OUTDATED INFORMATION THAT NO LONGER APPLIES TO ROMS ROMS DOWNLOADING WAS ONCE FINE WITHIN THAT RULING BUT NOW IS COMPLETELY ILLEGAL

[Exception]

> I must point out that downloading a rom is NOT illegal If you have fully purchased the game beforehand, Once you have done that you MAY use the rom for things like POKEMMO they have purchased all the games that the roms belong to

> As an example of people who make laws up for themselves; it's a -very- common misconception that it's perfectly legal for you to download the ROM of a game that you own. **WRONG**.

See?

> …NO LONGER APPLIES TO ROMS ROMS DOWNLOADING WAS ONCE FINE...

No? It never has been fine?

[hedgy]

I don't think Nintendo cares for small pokemon online games. But many popular have been canceled because of Nintendo.

There's a website that did an online pokemon thing. And after Nintendo contacted them, they didn't totally quit. Instead, they kept everything the same. Except for all material owned by Nintendo, they changed this into their own monsters, items, and so on. I suppose the website is a good example how you can make a fan-game without being sued.

http://www.monstermmorpg.com/

It'll take a lot more effort though.

[DMF]

here ill explain

ANY pokemen related thing by name or look is there trademark. now if you had a rock and put monsters in it. it wouldnt be a problem but when u use there names and looks it is. 

[MasterMind]

Emulation is not illegal.

[DMF]

actualy it kinda is y? b/c you didnt buy they game for most case's. then fact its not for a computer. xD but not many even notice b/c you dont broad cast ur emulations to world. but puting up a game server with there content is a problem.

[Nickpop123]

I'm not sure if anyone remembers this eclipse game, but Super Mario Online (SMO) made by Ne0n, had a pay to play feature. Basically you had like 2 hours of gameplay time, then you'd have to buy for more time through paypal or buy a timebox in game for a amount of coins. Ne0n made like around 30 to 40 bucks off this. Many emailed Nintendo about this, but after the years of SMO being around (like around 4 years), SMO didn't get any cease and decist from Nintendo. I don't see why they didn't do that? I'd figure they would protect Mario more?

[Mal]

> I'm not sure if anyone remembers this eclipse game, but Super Mario Online (SMO) made by Ne0n, had a pay to play feature. Basically you had like 2 hours of gameplay time, then you'd have to buy for more time through paypal or buy a timebox in game for a amount of coins. Ne0n made like around 30 to 40 bucks off this. Many emailed Nintendo about this, but after the years of SMO being around (like around 4 years), SMO didn't get any cease and decist from Nintendo. I don't see why they didn't do that? I'd figure they would protect Mario more?

Because attorney's aren't free.

[MasterMind]

> actualy it kinda is y? b/c you didnt buy they game for most case's. then fact its not for a computer. xD but not many even notice b/c you dont broad cast ur emulations to world. but puting up a game server with there content is a problem.

If you own the game and dump the rom and just use an emulator, Emulation is not illegal.

For the rest …..there's MasterCard! 

[Zzbrandon]

Most companie's do not care about a private server of there game I dont see Jagex going after Runescape Private Server's or Blizzard after World of Warcraft. What will they achieve sueing a 10-13 yr old kid really. It cost more to sue them then what there going to get.

[kibbelz]

> If you own the game and dump the rom and just use an emulator, Emulation is not illegal.
>
> For the rest …..there's MasterCard! 

Roms are illegal, even if you own the game. Research on your argument before sprouting crap about it. Also even 'if' you were correct, most of the players of Pokemmo would not have the games in the first place so the majority would still be being illegal. You have no valid argument.

Ironically everyone slates fan-based MMO's on eclipse, however they seem to be the most successful. Why? This is due to they have a massive fan base that can easily be hooked onto and used for a good succession rate for your game. This is why Nintendo want to protect their products since in the customers mind: "Why pay for a INSERT_GAME_NAME_HERE game when i can just play the same thing, online and free?". If you had made something unique and as successful as Pokemon, wouldn't you want to stop people pirating, leeching off your hard work?

[MasterMind]

> Roms are illegal, even if you own the game. Research on your argument before sprouting crap about it. Also even 'if' you were correct, most of the players of Pokemmo would not have the games in the first place so the majority would still be being illegal. You have no valid argument.
>
> Ironically everyone slates fan-based MMO's on eclipse, however they seem to be the most successful. Why? This is due to they have a massive fan base that can easily be hooked onto and used for a good succession rate for your game. This is why Nintendo want to protect their products since in the customers mind: "Why pay for a INSERT_GAME_NAME_HERE game when i can just play the same thing, online and free?". If you had made something unique and as successful as Pokemon, wouldn't you want to stop people pirating, leeching off your hard work?

research on your argument before sprouting crap about it…..what?? you mad?

In some countries, it is legal for an individual to personally make backup copies of a game they own. Individuals may make backup copies for various reasons, perhaps as insurance against losing the game or as redundancy in the event that the original game's medium becomes unreadable. See the section on ROMs and Preservation. However, in the U.S. it has been illegal since 1983 for a user to create their own backups of video game ROMs onto other cartridges. This was decided in the court case of Atari v. JS&A. JS&A manufactured a "game backup" device that allowed users to dump their Atari ROMs onto a blank cartridge. JS&A argued that the archival rule allowed for this. The court disagreed, noting that ROM media was not subject to the same volatility as magnetic media (for which the law was created). Thus, not being so relatively vulnerable, ROMs were not applicable under section 17 USC 117(a)(2).[[5]](http://en.wikipedia.org/wiki/ROM_image#cite_note-5)

I DONT LIVE IN THE 'US' …TRY AGAIN MAYBE?

[kibbelz]

> research on your argument before sprouting crap about it…..what?? you mad?

Mad that a retard like you exists.

> In some countries, it is legal for an individual to personally make backup copies of a game they own.

Using this gigantic text does not prove a point, it just is extremely dickish and a pain to read. Also ROMS is essentially theft which equals guess what? Piracy, which is illegal in all countries.

> for a user to create their own backups of video game ROMs onto other cartridges. This was decided in the court case of Atari v. JS&A. JS&A manufactured a "game backup" device that allowed users to dump their Atari ROMs onto a blank cartridge. JS&A argued that the archival rule allowed for this. The court disagreed, noting that ROM media was not subject to the same volatility as magnetic media (for which the law was created). Thus, not being so relatively vulnerable, ROMs were not applicable under section 17 USC 117(a)(2).[[5]](http://en.wikipedia.org/wiki/ROM_image#cite_note-5)

You just copied and pasted that without reading it.

Now small child, it even says on the Nintendo official website that this is illegal: http://www.nintendo.com/corp/legal.jsp#download_rom

Look for the: **Can I Download a Nintendo ROM from the Internet if I Already Own the Authentic Game?** question.

You are wrong,

> TRY AGAIN MAYBE?

In fact don't, I think it would be better if you didn't.