- 13 Sep 2017 01:42
If you don't believe me, you can also hear it from the devs. Typically what I say is based off something, don't make stuff as I go along.
"downloads have to be removed as distribution of the mod is now illegal under the C&D" MoeBoy76 viewtopic.php?f=5&t=25183&p=200794#p200794
Pokemon holds the rights to the name, the pokemon (and their likeness), the moves, and any other game mechanics that are exclusive to pokemon. Just by using models that are supposed to resemble Pikachu, the mod is subject to takedown.
A lot of people have the misconception of how copyright laws work and how parody law affects copyright. Personally, would say I know more about the topic than the average person, as I work moderating an image sharing site with over 300 million page views per month and also do work selling shirt designs. So have done in the past a lot of research, for those who say, go to a country where no copyright laws exist... well those are some of the people who haven't done research.
In the simplest and most relatable terms:
Imagine if someone looks at your essay and copies it, they might change stuff a bit to put it in their own words, but otherwise it's the same. The thesis, points made, and conclusion are all the same. Is their work done original? Just because they wrote that paper, doesn't mean they didn't copy off someone else.
Remember, this is the real world, with bigger consequences and smaller leverage. Companies can sue for anything that remotely copies their work (even if sometimes it isn't their work). I'm sure you've heard about apple and them acquiring the rights to rounded corners on rectangular handheld devices.
Or Candy Crush trying to trademark the word "Candy" (possibly being able to shut down hundreds of competitors).
Although your argument sounds reasonable... in reality, it's far from the truth.
Here's a small article by someone to a related topic: http://chrisoatley.com/fan-art/
"Do you own the character in question?
Yes? Do what you please!
No? You have no legal right to profit from work featuring characters without permission from copyright holder.
No? You have almost no rights to create such works not for a profit, either."
This applies to any copyrighted work. Meaning, if you make a pokemon model, it is illegal. Even if you don't make a profit, it can still be illegal.