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Anonymous asked in Politics & GovernmentLaw & Ethics · 10 years ago

Are these copyright infringement letters real or fake?

Okay, so with yesterday's Japanese release of the newest titles in the Pokémon video game franchise, a lot of websites claim to have been receiving the following letter demanding that each website remove any pictures and information regarding the games and I want to know if the following letter presented below sent to these sites seems legitimate or not.

“PokéBeach Copyright Infringement Notice:

URGENT & TIME SENSITIVE: IMMEDIATE ATTENTION REQUIRED September 18, 2010 Registrant PokeBeach.com RE: Infringement of Nintendo of America Inc.’s Intellectual Property Rights

Dear Sir or Madam:

We are legal counsel to Nintendo of America Inc. (referred to here, with its parent and affiliated companies, as “Nintendo”). As you are no doubt well aware, Nintendo is one of the world’s leading developers and distributors of video game products. The Pokémon franchise is one of Nintendo’s most popular game series, and the upcoming release of the Pokémon Black and Pokémon White video games has garnered significant media attention. The intellectual property associated with the games, including the copyright in the underlying software code, visual depictions of the games, and characters found within the games, is the subject of copyright protection in the United States and abroad.

We recently learned that you have posted screenshots and other protected content from the Pokémon Black and Pokémon White games to your website at http://pokebeach.com. While Nintendo appreciates your interest in and support of the Pokémon game series, your publication of this content infringes Nintendo’s copyrights in violation of federal law. Your activity also and has the potential to cause substantial damage to Nintendo, and leaves Nintendo with no choice but to take steps to protect its intellectual property rights.

We have accordingly submitted a copyright infringement notice to your domain registrar under the Digital Millennium Copyright Act, and anticipate that your website will be taken down shortly. We encourage you to immediately remove from your website all graphics, screenshots, and other protected content taken from the Pokémon Black and Pokémon White games. Going forward, you must also refrain from posting any screenshots, videos, or other content that infringes Nintendo’s rights in the Pokémon series or any other game.

Your full and immediate compliance with the foregoing should render further action on Nintendo’s part unnecessary. It is essential that we receive your written response confirming that you have taken these necessary actions by Sunday, September 19, 12:00 p.m. PDT, however, or Nintendo will have no choice but to consider its alternative legal remedies.

Please contact me if you would like to discuss this matter in further detail. Nothing stated herein shall constitute a waiver of any rights or remedies of Nintendo of America Inc., its parent or affiliated companies, all of which are expressly reserved."

This just seems so far-fetched (no pun intended) to me considering that Nintendo would get their panties in a wad over what should be considered free advertisement. Also, if they really were to send these out, I don't think the wording would be teetering on the edge of being so informal. What do you think? :/

Update:

Whoa, guys. I'm asking this on behalf of a friend. I didn't do anything questionable here. Anyway, I'm sure it sounds great and all and they shouldn't chance being taken to court, but what irks me is that Nintendo not once has ever complained about this with pictures and info of their previous releases being provided of gaming websites like this. I would like to think it was just a malicious rival website impersonating NoA, but you guys are probably correct. Why should they chance losing a leg and an arm over this.

6 Answers

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  • 10 years ago
    Favorite Answer

    IDK, it sounds pretty formal to me. Have u ever read an official contract or release form? It pretty much looks like this. The wording is very legal and more than likely was written by an attorney. "Nothing stated herein shall constitute a waiver of any rights or remedies of Nintendo of America Inc., its parent or affiliated companies, all of which are expressly reserved." Here they are further protecting themselves, just in case. When contacts or releases are written, they add in these types of statements, to cover themselves, just in case anything they wrote is imperfect or can in any way be used against them. I don't know what they can legally do to u, but it's more than likely a legitimate letter from Nintendo.

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  • 4 years ago

    This would be plagiarism. I get the feeling you know this already. As far as case law goes a few years ago the US Supreme Court decided that "sampling" of other musicians was intellectual theft. What you are describing is "sampling" from the Harry Potter series of books for your story. On the other hand a single reference from about one character to another book or character would likely be safe from copyright infringement. In the end it is best to drop any references to anyone else's work that is still under copyright protection and create your own original work. Just write what you want then go back and rewrite it without stealing someone else's characters or work.

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  • Anonymous
    10 years ago

    It does sound real.

    There is to much detail not to be real.

    Ask yourself ? Did you down load or post anything regarding Nintendo ?

    If so it's most likely real.

    I would comply with there request.

    copyright infringement can cost you tens of thousands of dollars in damages.

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  • Anonymous
    10 years ago

    Why take a chance?

    We both know that you would not have a leg to stand on,if the matter ended up in court.

    Just do what they ask,

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  • 10 years ago

    If that is the complete text then yes I think it looks like a hoax; where is the contact info?

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  • ?
    Lv 7
    10 years ago

    Real and the fine for each instance is 250k

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