Pokémon Formally Submits to the Department of Homeland Security's Use of Ash Ketchum and Pokémon Series Theme Tune
cross-posted from: https://quokk.au/post/297392
In all fairness, a dying child is likely to have a harder time defending their use of Nintendo property. As a backup plan if court stuff isn't going their way, Nintendo can always stall for time until it's a moot point.
It's also always a winning situation. You might lose the lawsuit, but he is still dead in a week. The kid is clearly losing no matter what.
Capitalistic sure, but every corporation is fascist I feel takes away from the term fascist. So long as a company has a board that are elected by their shareholders, they are more of a republic. Fascists try to strip out and do away with elections. Anyone who tries to strip voting rights away from people.. like we see attempting to happen in many states, and to decrease women's access to voting (hopefully never passing through the other half of Congress), then you know it's a sure sign that they are a fascist group trying to extinguish the democratic part of a republic (therefore just totalitarian)
Hey the dying child won't challenge them back. They are happy to punch down but why would they risk their god profit by punching up.
Does legality equal morality?
Are corporations self running entities or is it people behind the corporations making decisions?
Should we as consumers hold the ppl running the corporations accountable?
Why do executives get to reap the benefits of shitting on consumers but not the consequences?
Imo:
What do you think?
I agree. I want to promote discussion on the Nintendo community so ppl can start thinking and make it easier to change their buying habits. These companies don’t care about us they care about our wallets and they’ll fuck us over from here to the moon just to get an extra couple bucks out of us.
I think on number 2, it is not purely colloquial to use the word corporation, this is a legal definition too. There are different laws and regulations for a corporation than for a person. If a person physically prevents another from taking life saving medicine, and that person dies, they might be tried for manslaughter. But if a corporation does it via a policy decision, it's perfectly legal and is actually a great business decision worthy of investment.
Just because its permissible doesn’t make it proper. Nor does the fact that it’s legal make it ethical.
cool. I'll just drop this here.
I suppose we shouldn't make a bunch of these and share them across all platforms.
This is amazing.
Im not entirely convinced this isn't a 4d chess maneuver. The guys a ultra right wing conspiracist shitbird, and unveils a hitlerstache? What if it's all been a bit to make ultra wing shitbirds look like shitbirds all along?
Not that I love Nintendo or Pokemon buy I think you're spreading shit here. Seems like ICE and DHS are just stealing everyone's content to make shitty memes.
Unless Nintendo or the Pokemon Company actually says that the the Fascist Regime in the USA is not allowed to used their IP while making racist slop propaganda, then they are allowing it to be made by omission.
Nintendo is an infamously litigious company. If they do not take action against their IP use, it's a decision they made on purpose.
Palworld over here like
Politicians infringe on IP laws all the time in campaigns, and there are constantly repercussions for doing so. Nintendo could strike back, if they wanted.
You mean the fact that ICE parodied Pokemon cards? I imagine it would fall under "fair use". Plus, a lawsuit is only useful if a court enforces it. A judge is not going to be awarding massive damages against a government agency over a joke
Pretty sure it’s in response to them using the theme song. Idk if Nintendo even owns the rights to that song outside of using it as the theme for their show though. Still people aren’t super happy with Nintendo going “we didn’t say they could use it but we are not taking it down like we would if it was a fan project.”
I'm 99% sure it falls under fair use. There are a shit ton of social media videos that use songs and show clips from the anime. Virtually every YT channel uses Nintendo music from their games as background music, too. Searching "Pokemon theme song" on youtube shows dozens of results so they're obviously not taking those down either.
It's not comparable to them taking down fan-works.
Literally, thank you. This is not the axe to grind with Nintendo. I don’t disagree with their stance here at all—am a lawyer. It’s absolutely fair use and would be a losing lawsuit.
Also, why the FUCK is ANYONE expecting a corporation to fight fascism? If you think that’s a corporation’s role in society, put down the phone and sprint to your local fucking library.
Literally, thank you. This is not the axe to grind with Nintendo. I don’t disagree with their stance here at all—am a lawyer. It’s absolutely fair use and would be a losing lawsuit.
Sorry to lawyer a lawyer, but this isn't likely a fair use. I'm not going to credential smash because we're all just dogs on the internet, but I do this kind of thing a lot for my job.
In short:
That's not even getting into the trademark/dilution arguments, which play out similarly.
Nintendo can do what they want, but it's a totally fair criticism that they are selectively enforcing their copyrights, and it's probably because they are scared of stepping into politics. I get it, but I certainly won't defend it.
Now the big question is: can this be used as case law against future attempts by Nintendo to stomp on fair use and other parody works?
They could file a DMCA claim against use of the theme song. Corps have done it to videos before to get them taken down.
Nintendo has issued strikes over a wide variety of youtube content for use of their music, from dedicated fan creators using Legend of Zelda or Super Smash Bros music over Lets Play style videos, reviews, etc, to an entire channel that hosted just Nintendo music (GilvaSunner). 2022 saw over 2200 strikes in just that year.
They are famously protective of their IP, including in situations of fair use..
Edit: Just to mention, the copyright act still applies to the federal government, as well as the state government. This has been in place since 1990. The joke of a supreme court we have now muddied the waters in 2020, but its more about state sovereign immunity in federal court, not about federal agency & copyright.
Yes, claims can be brought, damages can be required, and not any use can be considered fair use. Notably, damaging the brand by negatively impacting market value through the presentation excludes as fair use.
Smosh is apparently more of a significant threat to Nintendo than the entire American government
Is there supposed to be a link to some news site?
They don't condone it but will likely not challenge it either.
Thank you for posting the links.
"We are aware of a recent video posted by the Department of Homeland Security that includes imagery and language associated with our brand," The Pokémon Company International said in a statement shared with IGN. "Our company was not involved in the creation or distribution of this content, and permission was not granted for the use of our intellectual property."
Idk, this doesn't seem to me like they are saying they don't condone it. It's more like a kid in class is caught writing something on the wall and the teacher asks another student what happened and the other student says they saw him do it but but they didn't help or tell him to do it.
(Sorry for reposting the reply from the other community)
In the case of nintendo, not challenging it is akin to condoning it. They're so damn litigious it is like they actively hate the people buying their stuff.
I'm not fluent in legalese, but won't this make a precedent ?
None of that shit matters anymore.
What do you mean? It sounds like you're talking about trademark stuff where if the trademark holder doesn't defend it they can lose protections associated with it. If so, that's about trademarks, not copyright. This is copyright infringement. Disturbing the content (copying) without permission (right).
Yes that's what I meant.
Thanks for clarifying the difference.
Removed by Moderator — Modlog
Hm, not sure if Nintendo is the right target here. Sure, they are popular with a certain crowd, but the argument is not super convincing. Why would a Japanese company that has a global business unnecessarily get involved in American politics? What would there be for them to win? New tariffs? Try to find an American company and shit on them, that might work better. Like Disney, Amazon, Meta, Apple, for example. Apple in particular might be a good target at the moment. Their new products are shit, people hate the direction everything is taking, but still have a deep attachment to the company (weirdest kink ever, if you ask me).
To me, Nintendo here just acts as a big corp doing big corp things. Make as much money as possible and wherever possible, don't mess with politics. They would be a better target if this were about Japanese politics, although unfortunately nobody cares about politics here and the fascist lot is also on the rise ("Japan first" lmao).
I think it's the hypocrisy of going after Palworld while being silent in the face of obvious evil.
At a certain point, when a government is objectively and quantifiably evil, its no longer just politics. Have you seen the video in question? I got the song stuck in my head and all I can think of as i hear it is people being sent to literal concentration camps.
The Fascist Regime in the USA is being allowed to use their IP while making racist slop propaganda to make it seem cool or funny while tossing people into concentration camps. Where is the line? If the Israeli government used the same IP assets in a similar way to show off how they are committing genocide and murdering children trying to get food aid, would that then be a step too far?
This is damaging to Nintendo, and if they allow it to continue unchallenged they are complicit and deserve a boycott.
Removed by Moderator — Modlog
Fuck nintendo hard then, they shouldn't be allowed to have eights to the pokemon ip anymore then.
From a legal end, there’s so much wrong with what you said. Pikachu isn’t going to fight trump for you, sorry.
Stop using logic and reasoning 😡
How about Stephen Miller?
Ok, but isnt it a bit fucked up that ice is using "gotta catch em all" when they are talking about "catching" actual people? Like jesus christ so dehumanizing.
God the US is so fucked.
its just facade finally falling and revealing the rot
But if you call them fucking fascist pigs, you're the one inciting violence.
If I was doing something wrong and could say "no u" to whoever complained, I would too
Yes, it's very fucked up.
Beyond fucked. I hate living here so much. Gotta bend the knee for my Billionare overlords I guess.