A Lawyer and a concept artist for the entertainment design industry.

Comment History
jakeroo
jakeroo - - 1 comments @ Hiatus After Dec. 1st

oh man, I knew this was coming :(

Well, I'm a lawyer and a concept artist (weird combination i know) and I would like to shed some light here in terms of the law problem that you're dealing with here.

In terms of using the Pokemon IP, Pokemon is not and can never be patented. Patent is only for technological inventions, we're dealing with copyright here. The one who holds the Copyright to Pokemon is Nintendo. A copyright is the exclusive right which is owned by the creator that can be extended after every 20 years (with other notions intact as stated within the TRIPs agreement) Exclusive rights meaning that the only party ELIGIBLE to receive funds from the IP is the creator, or another party in which the original creator gave its license and consent to do so. Any other act will be considered a violation of this international agreement and could be entangled into some pretty deep international civil law violations. The last thing we want here is Nintendo filing a dispute towards Xatoku.

So there is in NO way that Xatoku here can be eligible to receive funds on this project as it uses the Pokemon IP quite distinctively. You can't kickstart it, donate it, transfer in any way possible unless this project has received a legal letter from Nintendo to prove their consent of the usage of one of their IP. If you decide to be stubborn and keep trying to transfer the funds, you could also get into some legal problems which will complicate things further. So in legal terms, such projects are just to complex to materialize.

So like all other things, doing projects without economical reciprocity is quite hard to maintain especially when you have other things to do in your life and I fully understand Xatoku here. The state of this game is amazing and I really hope that someday this could be finished in which it'll look very awesome at its full potential.



Good karma+8 votes