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Copyrights and Trade marks
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Sanatan
06/14/13 06:44 amFilter

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I want to make cross platform (windows, mac os x, linux, freebsd, solaris, haiku, iOS, Android) Pokemon games like GBA/NDS Pokemon games probably in C++ and SDL. I want to make it Open Source under GPL v3 license. But problem is, would it be legal? Here are my questions: 1. Is it legal to make Pokemon gameboy like games without permission of 'Pokemon Company' which is under Nintendo given it is GPL game. Can we even use the world 'Pokemon'? 2. Is it legal to use Pokemon Gold, Silver, Emerald, etc. graphics like Pokemon, characters, etc. in such game? 3. Can we have use even names of Pokemon like Pikachu, charizard, etc. The game would be based in India. Looking like ideal place with lot of provinces (regions) and cities. First game I would make based on Rajasthan. Enemy would be Jihadi group using Pokemon to overthrow Government of India and merge with Pakistan. Players would start in Jaisalmer and get last badge from Chittor. Then Pokemon league is at Delhi. Player would take flight and reach Delhi where final Pokemon league would be placed. Adding fun like cool missions, terrain, cities, monuments, more Pokemons, etc. It would have option of playing multilayer games between any version of game. Server admins can launch real competitions, etc. Almost trying to make a vibrant pokemon community.
Iasper
06/14/13 03:11 pmFilter - Reply #1

Dual Master


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Alright so, first off, stuff like this being legal is quite hard to say. Creating Pokémon games with actual references to Pokémon (the word Pokémon is one of them, but mechanics/graphics/etc count as these too) is legal, but Nintendo/Game Freak may get a lawsuit running if they find out. Usually, cases like these never happen because they obviously first contact the owner to ask to remove the game. Nintendo etc do in fact own the rights and patents of Pokémon so they are allowed to get a lawsuit running. However, besides the possible shut down of your game, there shouldn't be any problems. Besides that, there are loads of Pokémon fangames/programs/forums/etc (possibly near 10000 of them), and besides the fact many are incredibly well-known, they haven't been shut down, so there's no reason not to try making a fangame. The odds of it getting popular are low enough anyway. If you want to start a project that big, you should be aware you probably won't be able to do it on your own and that you'll have to put a lot of work into it. Legality issues aside, your game's storyline/description etc is a bit vague as well as not Pokémon-like at all. Everyone who doesn't know anything about India won't know what to do and the names would be hard to remember. I'd look into the storylines of the Pokémon games a bit more because your game won't feel like a Pokemon game if you use your current storyline.

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Bouncy Ball
06/15/13 08:25 amFilter - Reply #2

Champion


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As a disclaimer, none of us are lawyers here. And you should consult a lawyer with regards to those questions.

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Sanatan
06/15/13 11:03 am - Last edited 06/15/13 11:13 am by SanatanFilter - Reply #3

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Thanks guys for helping. I checked the laws... Technically speaking, large open source game written in C++/SDL (wider understanding of code) wouldn't end up good. So a question to Game Fortress... Did you guys make some all original Pokemon in Pokemon Twilight? If so, I think instead of reinventing wheel and probably losing that wheel better to work with you... IE creating a new game in Twilight genre... Can I have permission to use them for freeware game? EDIT: I think I better make a different thread for permission of using PT art works later... As it would be a off topic here on this thread...
Iasper
06/15/13 05:17 pmFilter - Reply #4

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If I'm not mistaken, you are not allowed to use the PT Pokemon unless you have permission. Pokemon is owned by Nintendo, but these designs/names are still property of the PT team.
Sanatan
06/16/13 02:33 amFilter - Reply #5

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QUOTE: TwilightDusk
If I'm not mistaken, you are not allowed to use the PT Pokemon unless you have permission. Pokemon is owned by Nintendo, but these designs/names are still property of the PT team.
Yes you are right.... I am first trying to make Pokemons of my own in Inkscape an Illustrator and then convert them to PNG. Creating Pokemons in vector way wouldn't be much difficult. Steps would be first to make a rough sketch on paper and then with Illustrator make outlines and then finally with Inkscape color and gradient it. Sprites needed are pokemon in small icon (used in lists), in front at battle (also used in pokedex) and then back side of pokemon. Progress would be at its best one pokemon in 30 minutes if quality is to be maintained. So in usual days 2-3 pokemons a day and on week ends probably 20... Currently I am in some important commercial projects after that every day probably I can make 20 pokemon but I really don't know when would that project be over. I am researching the laws it looks like Nintendo have effectively controlled Pokemon. I am trying to get most out of laws, if still nothing favorable I can find. So not calling it pokemon but something like pokomon would be fine lol :P
KaBob799
06/20/13 08:02 pmFilter - Reply #6

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Nintendo isn't too harsh on fangames compared to most big companies but yeah it's always better to at least try to avoid copyright/trademark issues if possible. As for using PT pokemon, we want to keep them exclusive to PT (and PT spinoff games). That's why we are putting so much time and effort into creating 100% original graphics for v5.5 My suggestion is to just make a great pokemon engine. You should have little trouble finding spriters on pokemon forums if you have a decent engine already built.

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