Forum - View topicNEWS: The Pokémon Company Demands US$4,000 From Party Planner to Settle Lawsuit
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KH91
Posts: 6176 |
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Glad he reached his goal. Smh TPCI.
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meruru
Posts: 475 |
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Normally I'm against copyright infringement, but I think it's pretty lame to sue your fans because they threw some themed party at a loss, and they already complied with the c&d as soon as they received it.
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Levitz9
 Posts: 1022 Location: Puerto Rico |
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Defending your copyright is always such an evil thing... until it's some random individual protecting their IP from a thieving corporation.
TPCI is doing their job. Either you defend your copyright from people looking to use your stuff for a quick buck, or find yourself unable to do so when it really matters (a.k.a., the Bill Waterson problem). It's not hard to respect people's copyrights. Just don't use stuff without express permission. |
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Gintoki3
 Posts: 7 |
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To be fair Nintendo and every company in their circle are extremely greedy and protective. They could have ended this after the party was cancelled but are suing instead. That proves my point. They don't care about fans and their love of their stuff they care about money and pride. It's a company but still suing after the fact is wrong. |
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Yuvelir
 Posts: 1629 |
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Nintendo tends to go after this sort of stuff fairly often. In those cases, they send a C&D. If the offender complies with it, that's the end of the story. TPCi doesn't. They go further. Even after that, they demand a money compensation that is outrageous in both its quantity (considering who it's directed to) and deadline. This isn't defending, it goes way beyond with abuse, intimidation and "trying to set an example" with a figurative public execution. |
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Mr. Oshawott
 Posts: 6773 |
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I'm ecstatic that Mr. Jones was able to come up with the $4,000 to offset The Pokémon Company's lawsuit. Yes, it's sad that he was sued despite him shutting down the party, but at the same time, he's been hosting the parties for four years and The Pokémon Company has notified him multiple times to end them when they acknowledged him of copyright infringement using their IP on his poster and Facebook ads without notice and trying to make a profit out of it. Plus, Ramar Jones is the co-owner of Ruckus Productions, a movie company, so he should have already known how laws concerning IP protection work.
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RoverTX
 Posts: 424 |
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Does this mean anyone running an unofficial Pokemon Tournament could get sued if there is a prize?
Also why if they going after this guy and are they not going after Smogon? Smogon runs ads to recoup server costs, about the same as what this guy did here... This would be like Wizard's of the cost suing a card shop for having a non official tournament... |
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Dessa
 Posts: 4438 |
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Totally not the same thing. Did you miss the part where they had pokemon-themed alcoholic drinks and stuff? That kind of thing can damage a company's image. Also, when a card shop does a tournament, you generally only have to pay if it's a draft, in which you're buying the cards for the draft. Sure, he claims that he wasn't making money, but if he'd already gotten $500 in ticket sales before the C&D, and only paid $450 for the venue, DJ, prizes, etc, then that's still a profit of at least $50. |
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WashuTakahashi
 Posts: 415 Location: Chicago, IL |
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I think this was pretty ridiculous and excessive...I can agree with their logic in wanting to shut down the party. Makes sense. You can't use the Pokemon name to (possibly) make money and promote alcohol. But a 4k fine with only 45 days to pay it? That's just too much, considering if he DID make any money on the event in the past 4 years, it likely wasn't even 1k. Glad he was able to crowdfund it.
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Kougeru
 Posts: 5597 |
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This is the important part that everyone seems to be ignoring. TPCi are not DEMANDING 4,000 dollars of extra money/profit. They're "willing to settle" for 4000 in LEGAL FEES. Basically, trying to make their losses for tackling this potential image-damaging event, smaller. |
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LuckyAstei
 Posts: 228 |
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Talking about the costs of tournaments there are entery fees reguardless of the type generally it's 5 bucks for a FNM tournament to as much as nearly 30 for a draft or prerelease. I think the pro tournies for Magic tend to go for a couple hundred a pop and that's with an Invite from WotC. |
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ParaChomp
 Posts: 1018 |
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I smell a Jimquisition...
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Somer-_-
 Posts: 1022 Location: Canada |
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Judging by the way the article is worded he spent $450 on the DJ and gift cards alone plus more on the other stuff. So according to him he did not make a profit. |
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Malcolm Whatley
Posts: 20 |
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On the one hand, I get the whole copy right but on the other Hand, it only a matter of him making money off the Pokemon name. If i was a Judge I would dismiss this case since they complied with the ordeal. But I don't understand why they can just ask for permission on using the pokemon name. Is it 4k to use the Name Right.
What the dumb is part is why not make it seem more a plan Party that feature cosplay and various TV/Book theme. |
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nhat
Posts: 922 |
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The difference is that he was making a business out of it, even if he said he did it at a "loss" somehow he was able to kept doing it. |
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