Meta-PokéBase Q&A
3 votes
898 views

I'm not even sure if this is allowed, but it is a question about the site so here it is. First, don't misunderstand me -- I love Pokebase, and I'm glad it exists. However, I know Nintendo loves to take its copyright axe to things that use its products (is that even the right word), like music uploaded to Youtube and Pokemon Essentials. Why don't they shut down this site, and things like Bulbapedia and Serebii as well?

I'm immensely ignorant of this sort of thing, so sorry if this question is stupid lol

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Not an answer but maybe because all credits are given to the respectful authors? Theres no stealing on this site, and its just a forum dedicated to pokemon as a whole wide topic. It probably helps that Fizz and PM enforce the no rom/hacks/illegal software rule, so maybe in their eyes it's like "its just a wiki that supports us and isnt doing any harm to us or our buisness",
Those goddamn automated message bots...
Because the fact that this site is more entertaining then SWSH scares Nintendo away
DAAAAAAAAAAMN

2 Answers

8 votes
 
Best answer

(I am not a lawyer, but I am reasonably well-read.)

Nintendo would have poor legal footing to take down this website. This website exists for the purpose of reporting on information related to the Pokemon franchise -- it isn't a substitute for the Pokemon franchise or any products associated with it. It uses copyrighted artwork, but various protections exist for the use of copyrighted works for the purpose that websites like Pokemon Database and Serebii use them. In particular, American fair use law (and adjacent fair dealing laws in other countries) gives concrete protection to websites like this one which use copyrighted works for "reporting", "research", etc.

Nintendo doesn't "own" information like the fact Squirtle learns Water Gun at level 3, so the body of the content on this website is absolutely clear of any legal problems.

This is not to say that Nintendo couldn't attempt to take this website down, but in light of the above (and the fact Pokemon Database probably generates more interest in their brand than it detracts), they would have no interest in doing that.

It is a lot harder to argue that Nintendo soundtracks uploaded to YouTube in their entirety are anything but a violation of copyright (as much as many people rightfully argue that the music should be available for people to listen to), and the use of Nintendo/The Pokemon Company's characters in fan games certainly doesn't fare any better. Websites like PokemonDB are not easily comparable.

I'll also clear some issues brought up in this thread:

  • Whether or not Pokemaster makes money off this website is not totally irrelevant to the discussion of fair use, but it certainly isn't a deciding factor. The nature of the work is much more important.
  • Nintendo almost certainly doesn't care about PokeBase and whether we allow questions about fan games.
  • Discussing the legality of this website is not something Nintendo's customer support services will help you with.
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Ah, that makes sense. Thank you!
why did fizz call me out
guys fizz called me out twice if not all three times. i feel the shade. im gonna cry
8 votes

Fizz's answer is excellent as usual, this is just an informational site using mostly official images. You can't copyright facts.

But I'll add one extra thing: TPCi did once send me a DMCA takedown! This was way back in 2012 and just seemed to come out of the blue. In fact it was quite comical... the notice itself was super vague, they just listed around 20 Pokemon and didn't say what specifically was breaching copyright (like a particular image or something). Just looking up the email now I also notice the subject is "DMCA Notifiction" (notification spelled incorrectly).

It was definitely a legit email though, coming from @pokemon.com. I replied to ask for more details but never heard anything back. Ironically, now they send me official press releases to post on the site.

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ahahaha, that's actually kind of funny! good to know
Interesting, thanks!