this post was submitted on 31 Jan 2024
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[–] DerisionConsulting@lemmy.ca 13 points 9 months ago (1 children)

It already was legally distinct since it wasn’t made by the company behind pal world.

That's not the issue, or what that means here. "Legally distinct" in this context would mean that the product isn't infringing on the IP, copyright, or trademark of a similar product. "Yellow rat" is fine, "Pikachu" is not.

Go ahead and try to explain it using copyright and trademark laws all you want, but I don’t understand how a MOD that isn’t backed by a company can be arbitrarily blocked by another company.

If someone ripped a verse or a chorus from a song, and uploaded it to Spotify, you don't think that Universal could contact Spotify to take it down or block it?

[–] bluespin@lemmy.world -4 points 9 months ago (3 children)

Mods are free and community-driven. This situation is closer to someone using the chorus to a song in their own soundcloud track, which in my opinion should be completely fine

[–] baggins@lemmy.ca 7 points 9 months ago (1 children)

You're also not allowed to use someone else's song to make your own soundcloud track.

[–] bluespin@lemmy.world 1 points 9 months ago (2 children)

I'm not familiar with soundcloud's TOS, which is why I noted that it's my opinion. When did people decide it's alright for multi-billion dollar corporations to dictate what people create for fun?

When they're a company that provides something that specific person likes more than their spine, pride, or common sense.

[–] baggins@lemmy.ca 2 points 9 months ago* (last edited 9 months ago)

It has nothing to do with anyone's TOS.

People decided that when they passed copyright laws and signed international treaties about it.

[–] Zeke@kbin.social 5 points 9 months ago* (last edited 9 months ago) (2 children)

IIRC, the mod wasn't free. They were making money off of it using Patreon.

[–] jmankman@lemmy.myserv.one 3 points 9 months ago

It's this and the fact that Japan has no Fair Use of Copyright as well

[–] bluespin@lemmy.world 1 points 9 months ago

Ah, I didn't realize. That does make the situation a bit stickier, then

[–] conciselyverbose@kbin.social 0 points 9 months ago

Ignoring that this mod wasn't free, that's absolutely not in the neighborhood of legal.

Nintendo is fully within their legal rights to send a DMCA takedown to every single fan drawing of Pikachu on the planet if they so desire. It belongs to them.