A Broke Fan Owes $5,400 For Pokemon-Themed Party Posters

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A Broke Fan Owes $5,400 For Pokemon-Themed Party Posters

Posted by timothy on Friday October 2, 2015 @05:00PM from the clueless-managers dept.

Jason Koebler writes: A fan has been ordered by a Washington judge to pay the Pokémon Company International $5,400 for copyright infringement after attempting to throw a Pokemon-themed party earlier this summer. Even though he canceled the free event, the Pokemon Company successfully sued Ramar Larkin Jones, for using an image of Pikachu to promote the Unofficial PAX Pokemon Kickoff Party.

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If that's how Pokemon Int'l treats its fans... by ldobehardcore · 2015-10-02 17:08 · Score: 5, Insightful

If that's how Pokemon Int'l treats its fans, I shudder to think of how they treat their enemies and competitors. What a fucking shitty thing to do. These people love Pokemon enough to have a big fun party kicking of PAX, and all Nintendo cares about is extracting it's fucking pound of flesh and in the process looking like a big, wobbly, flaccid dildo. In other words: Go fuck yourselves Nintendo, if you can't treat your fans well, then you deserve no fans. You bunch of litigious morons.

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1. Re:If that's how Pokemon Int'l treats its fans... by Applehu+Akbar · 2015-10-02 17:17 · Score: 3, Insightful
  
  Ketchum's response should not be to wimp out by trying to GoFundMe the ransom. Blare the whole thing on social media, concentrating on Pokémon fan sites, with the aim of turning fans off as much as possible. So long as he doesn't make anything up, there is no possibility of additional suits for such activity (this isn't Britain!). Make them wish they had never tried to pull such a tactic.
2. Re:If that's how Pokemon Int'l treats its fans... by ArmoredDragon · 2015-10-02 17:34 · Score: 3, Insightful
  
  Nintendo has a long history of treating its fans with contempt. Take for example how it issues DMCA notices to anybody who posts a video showing themselves playing their games. Honestly I stopped giving a shit about Nintendo after the SNES because as of the N64 and onward they basically gave the middle finger to both the developers and fans of third party titles of their systems. If they ever go belly up, I'd just say good riddance.
3. Re:If that's how Pokemon Int'l treats its fans... by DerekLyons · 2015-10-02 18:01 · Score: 2, Informative
  
  If that's how Pokemon Int'l treats its fans
  Ramar Larkin Jones isn't a "fan" - he's a event organizer who was running a Pokemon themed event for which he was selling tickets. The selling tickets parts got left out of the linked article somehow - I wonder why. (Actually, I don't need to wonder - the article is slanted all to hell and back.)
4. Re:If that's how Pokemon Int'l treats its fans... by msimm · 2015-10-02 18:03 · Score: 2, Informative
  
  Hate to be a dick, but you DID charge admission using another company's IP. I won't say you "deserve all you get," but you had to know that a huge party would have attracted attention. It's not "maximalists" and "gangs" and "fighting the good fight," they're a company protecting their IP. End of story. Good luck to you, honestly, but next time check out the rules and regulations first.
  
  Lawl.
  
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5. Re:If that's how Pokemon Int'l treats its fans... by whoever57 · 2015-10-02 18:10 · Score: 5, Insightful
  
  Hate to be a dick, but you DID charge admission using another company's IP.
  Whoever posted that is a dick. According to the Gofundme page, he only charged $2, which was intended to cover the cost of prizes for the cosplay contest. No huge profit involved.
  
  To the parent poster: you also are a dick, for posting this drivel, which misrepresents the situation.
  
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6. Re:If that's how Pokemon Int'l treats its fans... by Gryle · 2015-10-02 19:28 · Score: 4, Informative
  
  The fan launched the GoFundMe page because the litigants are insisting on a lump-sum payment. From ArsTechnica "Jones even offered to pay the full $4,000 over the course of a year, but Pokémon's lawyers from the firm of Davis Wright Tremaine wouldn't budge on the deadline."
  
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7. Re:If that's how Pokemon Int'l treats its fans... by Gryle · 2015-10-02 19:34 · Score: 5, Informative
  
  According to ArsTechnica, tickets were $2.00 each and covered the expenses. This wasn't a for-profit endeavor. Now, as Jones is an event organizer, he may have been using this party as something to add to his resume.
  
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  Only two things are infinite, the universe and human stupidity, and I'm not entirely sure about the universe - Einstein
8. Re:If that's how Pokemon Int'l treats its fans... by The+Rizz · 2015-10-02 19:41 · Score: 5, Insightful
  
  "Defending your trademark" does not mean "suing anyone who doesn't pay you to use it". As long as there's no brand confusion being caused it doesn't need to be defended. As per the Wikipedia article: "It is not necessary for a trademark owner to take enforcement action against all infringement if it can be shown that the owner perceived the infringement to be minor and inconsequential."
  Arguably, you can even let infringement go in many larger instances as long as they're not believed to cause brand confusion. Look at Star Wars - George Lucas has allowed fan-made works to do a helluvalot that would get them sued by just about any other IP-based company out there. He's even commented on fan works, showing that he is quite aware of them. None of this permissiveness with his trademarks has ever led to him coming even close to losing the brand.
9. Re:If that's how Pokemon Int'l treats its fans... by sexconker · 2015-10-02 20:17 · Score: 3, Informative
  
  It's means it is.
  Not always. It's been fun proving you wrong.
10. Re:If that's how Pokemon Int'l treats its fans... by bruce_the_loon · 2015-10-02 21:34 · Score: 2
  
  Defending a trademark can be as simple as asking nicely to stop using it. A formal cease-and-desist letter will work as well. You don't need to sue for damages to defend it if the abuser responds to the requests to stop.
  
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11. Re:If that's how Pokemon Int'l treats its fans... by Anonymous Coward · 2015-10-02 22:29 · Score: 2
  
  There's no such thing as intellectual property. There's nothing to defend.
12. Re:If that's how Pokemon Int'l treats its fans... by drinkypoo · 2015-10-02 22:58 · Score: 3, Insightful
  
  It really doesn't matter. Once you start collecting money, the whole nature of the thing changes. If he wanted to pass the hat and beg for donations he could probably have got away with that, but actually charging admission is another thing. Having a pot for the costume contest prize would probably have been acceptable as well.
  The truth is that Nintendo has always aggressively defended their trademarks, often to the detriment of their fans, to the extent that it doesn't make sense to be one because why should you worship something which abuses you? Which reminds me of another subject... I guess you could say these people belong to the church of Mario. Suckers.
  
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13. Re: If that's how Pokemon Int'l treats its fans... by lpevey · 2015-10-02 23:33 · Score: 4, Informative
  
  Truth of a statement is a valid legal defense against libel accusations in the U.S. And many other Western countries, but not in the UK. That is what the poster was referencing.
14. Re:If that's how Pokemon Int'l treats its fans... by Sqr(twg) · 2015-10-03 00:50 · Score: 2
  
  Yes, but a cease-and-desist would have been sufficient for defending the trademark.
15. Re: If that's how Pokemon Int'l treats its fans... by KGIII · 2015-10-03 01:03 · Score: 5, Funny
  
  My wife and I divorced and my kids came to live with me after they figured out that I had the coolest toys. My son was into these things. He was still fairly young at the time. For a while I had him convinced that they got the name for the show from that period when you sit on the toilet and aren't actually able to go. He was convinced it was a "peek-a-pooh."
  Yes, yes he does sometimes abhor my very existence but I don't regret it one bit. I am still waiting for the right time. for my daughter to be around a few of her friends, so that I can ask her to explain what "twerking" is.
  This is my parental obligation. They're both adults now but I still have my job to do. I can't wait until they have children. I'm going to buy them each a drum kit and spoil them beyond belief. That part is not my obligation. That part is purely revenge. If you have kids, you might understand.
  
  --
  "So long and thanks for all the fish."
16. Re:If that's how Pokemon Int'l treats its fans... by DerekLyons · 2015-10-03 02:58 · Score: 2
  
  For profit or not, once you start accepting money and running it through a business... you've crossed a line. It's no longer just a "fan party". (IMO of course.)
17. Re: If that's how Pokemon Int'l treats its fans... by lgw · 2015-10-03 08:51 · Score: 2
  
  Doesn't matter how you feel, that's pretty cut n dry in the eyes of the law
  
  Fucking stupid laws that hurt society should be changed. Punishing stupid fan-hating companies that take advantage of such nonsense is a good start. Just because somethings technically legal, doesn't mean you're not a total dick for doing it.
  
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Hahahahahahaha by Jailbrekr · 2015-10-02 17:09 · Score: 5, Funny

Gotta catch them all!

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Business by darkain · 2015-10-02 17:10 · Score: 5, Informative

The big piece of information that always gets neglected in these articles is that they didn't sue because he was throwing a party, but because he runs a business which hosts party events and then used Pokémon to promote such an event. Here is the company's trashy Facebook page. "Fans" and "Businesses" are NOT the same thing. https://www.facebook.com/Rucku...
1. Re:Business by ldobehardcore · 2015-10-02 17:25 · Score: 2, Insightful
  
  I know the law, and what you say is true. What I'm saying is that it's not particularly egregious and super fucking petty of Pokemon Int'l to sue for something so piddly, and it makes them look like pathetic money-grubbers who can't just sit back and enjoy their already massive popularity. It'd be better for them to just not fucking sue people and be liked, rather than sue people and make themselves look like acquisitive morons.
  
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2. Re:Business by sims+2 · 2015-10-02 17:25 · Score: 2
  
  /. left the broken scribd link In from firehose for some reason.
  Pokemon is owned by Nintendo which explains a lot.
  The guy has setup a go fund me page to try to pay off Nin- I mean Pokemon. The comments so far aren't very nice;
  Here's one for example:
  "David Rustles 2 hours ago Not only were you illegally hosting an event, but you were charging for tickets and serving alcohol. TPC is completely in the right and you deserve everything that happened."
  And here's a link to the gofundme in question https://www.gofundme.com/ng5f2...
  Should be interesting to see where this goes.
  
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3. Re:Business by ldobehardcore · 2015-10-02 17:35 · Score: 2
  
  That never happens. And also, you're confusing copyright with trademark. You don't lose copyright if you don't defend it. Otherwise CreativeCommons wouldn't exist. Trademark on the other hand does require active defense. I haven't read the exact details, but if they're suing for copyright it's completely unnecessary and at their discretion. It's something they chose to do. If they're suing for trademark, then they kind of have to.
  
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4. Re:Business by Gryle · 2015-10-02 19:36 · Score: 2
  
  The event wasn't free. Tickets were $2 each to cover expenses. I feel for the guy, but let's make sure we're spreading accurate information.
  
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  Only two things are infinite, the universe and human stupidity, and I'm not entirely sure about the universe - Einstein
5. Re:Business by sjames · 2015-10-02 20:37 · Score: 3, Informative
  
  If they're suing for trademark, then they kind of have to.
  Actually, they don't, that's a myth created by assholes that don't want to look like assholes. Other valid defenses of the mark include sending a letter granting a one time only limited license and cautioning the person not to do it again, offering a license for $1, granting a revocable continuing license, etc.
Re:Is it a good game? by ruir · 2015-10-02 17:22 · Score: 4, Insightful

What is it wrong with you? Boycott the bastards.
Re:Marketing 101 by TWX · 2015-10-02 17:27 · Score: 4, Informative

Hahahahaha!

Oh, wait... you're serious?

As long as there are MBAs looking how to squeeze the last dime out of every potential customer and there are lawyers concerned about the loss of trademark through failure to defend that trademark there will be these kinds of lawsuits.

Quite honestly, I'm amazed that armies of lawyers haven't descended upon ComiCons and other fandom gatherings to sue the shit out of all of the artists and merchants selling unlicensed comic book derivative works. You wander around the dealers' rooms at the big cons and there are booths upon booths of artists with their own takes on Phoenix or The Hulk or Supergirl or any other hot comic book character of the moment. Based on current law I'm amazed that the continued creation of these unlicensed derivative works hasn't given the trademark holders panic that they could lose control over their characters. Indeed, it appears that they already have lost control over them, it simply hasn't been declared through trial yet.

Given what lawyers cost, I'm really surprised that the judgement against him is as small as it is. From the lawyers' perspective this is chump-change even if it would bankrupt half the households in the country to suddenly owe $5400.

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A new franchise is born: by Tablizer · 2015-10-02 17:46 · Score: 2

Brokemon

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Re:Marketing 101 by freeze128 · 2015-10-02 18:45 · Score: 2

Well, It's going to be a really interesting Halloween....
Re: Is it a good game? by Jiro · 2015-10-02 18:55 · Score: 2

You don't actually need the Gateway. Modern custom firmware runs (on the same firmware that a Gateway will run on) without needing anything except possibly a cheap DS flash card or a place to host web files.
Re:A more important question is... by elvesrus · 2015-10-02 19:24 · Score: 3

If you think that is bad take a look at bronies.
Re:People say RMS is nuts by Anonymous Coward · 2015-10-02 21:05 · Score: 2, Informative

Get real, the next time Mickey Mouse is about to expire, copyright will be extended again. Are you that naive you believe congress won't pass infinity-1 sooner or later? Nothing will come into the public domain ever again. Never. Get it?
Re:A more important question is... by alexgieg · 2015-10-03 03:09 · Score: 2

And what "other, more mature, interests" do you suggest Pokemon players pursue?
Sports, evidently. Sporting is what adults do. Pokemon video-gaming, bad. Football video-gaming, good. What? Children also play football video-games? Oh, but that's just them wanting to grow up, so it's fine!
Also, cosplaying. True adults don't cosplay. I mean, they don't cosplay Pokemon team's uniforms. Hockey team uniforms, now, those are fine to cosplay.
Also, let's not forget that only children write Pokemon games. Adults never do that. And those rare that do, they hate every single minute of their day. They could all be adulting, and instead they're childring. That's just plain evil! They could be cosplaying their sporting team, and by means of that showing all their grown up adulting, but no, they're forced to be childring. Oh, how they suffer! I'm sad for them. So, so many sporting stuff they could be doing. Sad. :(

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Re:A more important question is... by Overzeetop · 2015-10-03 03:43 · Score: 2

No, don't look at bronies. That's something you can't unsee.

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Re: Is it a good game? by ChrisMaple · 2015-10-03 05:38 · Score: 2

The $5400 consists of a $400 filing fee and $5000 lawyer bills. The copyright holders are getting NOTHING. It's a virtual certainty that the lawyers persuaded the copyright holders to sue, just so that the lawyers could have a nice payday.
If the GP truly wants justice out of this, find the lawyer's car and fill it with manure.

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Re: Is it a good game? by St.Creed · 2015-10-03 08:16 · Score: 3, Informative

True. If we didn't fine people who put up pokemon posters, we'd rapidly slide into anarchy!

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