08-30-2018, 02:05 AM
I recall reading the PC Gamer article when Uranium came out and subsequently got taken down; it definitely offers a good look at both sides of the debate. And I can definitely see where a fangame such as Uranium would fall in a gray area of whether or not it would actually be considered fair use should it actually wind up in a legal battle (which I'm not suggesting we try either... if the big N were to come after us again, it would be difficult and risky as hell for us to try to fight corporate lawyers).
I guess the part that I'm getting tripped up is the fact that, to me, Pokemon Uranium and other similar fangames are essentially a very close parallel to the remixed song -- it uses assets of the canon games, yes, but they generally do so in order to tell stories that are different from what the canon series offers. There is pretty much no chance that Game Freak will develop a region and story that centers on nuclear meltdowns and radioactive Pokemon, especially in the wake of the Fukushima disaster. Uranium uses some of the assets and a basic outline (defeat 8 gyms, go for the championship), but the overreaching story is new, as well as a new elemental type and moves, a majority of Pokemon being new designs, etc.
To me, this is far more transformative than if someone were to, say, recreate Sun and Moon on RPGMaker. I have no doubt that doing so is possible; frankly, my cheapskate self would grab that up in a heartbeat given half a chance. But to me, that would very clearly be copyright violation and DEFINITELY not be fair use, as it basically steals the game and renders the need to buy a 3DS and the official carts completely moot. I have heard of games that basically recreate one of the canon games, perhaps with a few minor tweaks -- there's a remake of Black and White that comes to mind, though the name escapes me right now -- which I look at as an irrefutable example of IP infringement which Nintendo's lawyers would probably have every understandable right to shut down.
All in all though, I still hold with the overall message in the PC World article. Even if there wasn't what I feel like is a considerable gray area when it comes to fangame development, the end result is that it's a display of fans' passion and appreciation for the franchise -- and can even help bring greater awareness and enthusiasm to the main series -- and shutting down these games is A) pointless because people will still make them anyway, and B) ultimately harmful to the company and its franchise by alienating fans. Shutting down Essentials was the tipping point for several people here in this forum (probably across other fan communities as well), and while a small handful of people on one quiet fangame forum probably won't mean much to Nintendo right now.... the harder they push and the more people they turn away, they'll eventually start feeling that somewhere, whether it's their pocketbooks or social media backlash.
I guess the part that I'm getting tripped up is the fact that, to me, Pokemon Uranium and other similar fangames are essentially a very close parallel to the remixed song -- it uses assets of the canon games, yes, but they generally do so in order to tell stories that are different from what the canon series offers. There is pretty much no chance that Game Freak will develop a region and story that centers on nuclear meltdowns and radioactive Pokemon, especially in the wake of the Fukushima disaster. Uranium uses some of the assets and a basic outline (defeat 8 gyms, go for the championship), but the overreaching story is new, as well as a new elemental type and moves, a majority of Pokemon being new designs, etc.
To me, this is far more transformative than if someone were to, say, recreate Sun and Moon on RPGMaker. I have no doubt that doing so is possible; frankly, my cheapskate self would grab that up in a heartbeat given half a chance. But to me, that would very clearly be copyright violation and DEFINITELY not be fair use, as it basically steals the game and renders the need to buy a 3DS and the official carts completely moot. I have heard of games that basically recreate one of the canon games, perhaps with a few minor tweaks -- there's a remake of Black and White that comes to mind, though the name escapes me right now -- which I look at as an irrefutable example of IP infringement which Nintendo's lawyers would probably have every understandable right to shut down.
All in all though, I still hold with the overall message in the PC World article. Even if there wasn't what I feel like is a considerable gray area when it comes to fangame development, the end result is that it's a display of fans' passion and appreciation for the franchise -- and can even help bring greater awareness and enthusiasm to the main series -- and shutting down these games is A) pointless because people will still make them anyway, and B) ultimately harmful to the company and its franchise by alienating fans. Shutting down Essentials was the tipping point for several people here in this forum (probably across other fan communities as well), and while a small handful of people on one quiet fangame forum probably won't mean much to Nintendo right now.... the harder they push and the more people they turn away, they'll eventually start feeling that somewhere, whether it's their pocketbooks or social media backlash.
