Pokémon Formally Submits to the Department of Homeland Security's Use of Ash Ketchum and Pokémon Series Theme Tune

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[–] 31 points 11 months ago (13 children)

Christ imagine being so capitalism brained that you're relying on Nintendo to prevent fascism

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  • [–] 29 points 11 months ago (1 child)

    What a shit take.

    Do you really think anybody trying to pit Nintendo against DHS would identify as a capitalist? You gonna accuse people of relying solely on their one protest to prevent fascism, as though its impossible to do or care more than one thing at once?

    Get off it. It's not going to go anywhere, but it's funny and doesn't detract from serious efforts.

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  • [–] [S] 15 points 11 months ago* (9 children)

    No one is relying on Nintendo to prevent fascism and if that's your take-away from an image talking about boycotting Nintendo I don't know what the fuck else to say mate, maybe try being brained at all?

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  • [–] 1 point 11 months ago (8 children)

    It's ok dude you can just pirate stuff without a heroic narrative.

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  • [–] [S] 7 points 11 months ago* (7 children)

    I'm an anarchist, I fucking love pirating shit. I download movies and shows I'll never even watch, I don't need an excuse to pirate. Pirating is already moral and ethical.

    Like I said, try the brainned thing. I think it could be useful for ya.

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  • [–] 2 points 11 months ago (3 children)

    I'm a Gemini, I loving torrenting shit. Highly recommend the remixed/redux Mythbusters torrent where it's resequenced in chronological order properly and without the recaps and previews.

    Anyway, good luck with not playing Splatoon 🩵

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  • [–] [S] 2 points 11 months ago (2 children)

    Cool didn't know star signs related to views on IP ownership, good to know. And thanks, I love Mythbusters so I think I will; What was the original issue with the ordering that people had to fix it?

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  • [–] 2 points 11 months ago (1 child)

    Oh you know how the original airing would always cut between Adam and Jamie, and the others? (Eg Kari, Grant, Tory). Which meant you had to consume both Myths at the same time to get to the outcome; and also this led to a whole load of extraneous narration and ad break recoveries ("Kari and Tory are working on..."). This really pares it back and makes it even more enjoyable.

    Mythbusters "Smyths" seems to be the keyword to search for. Enjoy! If you appreciate this help, shoot a right wing commentator

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  • [–] 1 point 11 months ago (2 children)

    Big AI players love pirating shit too :)

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  • [–] 18 points 11 months ago (2 children)

    Companies are amoral but they do seem evil most of the time

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  • [–] 8 points 11 months ago (9 children)

    Fighting against fascism is risky with very little to personally gain from it. Defending your copyright is mandatory if you want to keep it. Isn't it fun that we made these legal entities into cowards ready for fascism by design?

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  • [–] 15 points 11 months ago (7 children)

    Lawyer here! Rule number one: don’t sue on something you know for a fact will lose.

    DHS’ use of pokemon parodies is completely legal fair use. Nintendo knows this and would end up wasting (hundreds of) thousands of dollars in US court on a losing argument if they sued DHS. Also, courts are far more likely to side with the US Govt than a foreign corporation.

    This has nothing to do with “defending” copyright because nothing DHS did threatened Nintendo’s copyrights. DHS knows this, Nintendo knows this, but some of yalls seem confused.

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  • [–] 5 points 11 months ago (5 children)

    DHS’ use of pokemon parodies is completely legal fair use.

    How so?

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  • [–] 3 points 11 months ago (4 children)

    Parody is one of the standard examples of fair use. Just ask Weird Al.

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  • [–] 6 points 11 months ago* (last edited 11 months ago)

    Very little of Weird Al's work counts as parody. Some of it does (or at least could), such as Smells Like Nirvana, because it is providing commentary or criticism of the original.

    More of it counts as the broader category of satire, which has significantly lower legal protections.

    However, the vast majority of his parodies would be defined as derivative works. If it's about food or TV, this is probably the category.

    That being said, Al has never had any of this tested in court. He has a policy to get permission in advance, and that prevents any legal concerns. No one knows for sure how any courts would rule on the subject.

    ETA: This site has a more thorough analysis. Al's work has a lot in common with the Dr Seuss case.
    https://copyrightalliance.org/is-my-parody-fair-use/

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  • [–] 4 points 11 months ago (2 children)

    Then why did he have to ask permission from everyone? iirc he couldn't do The Kink's "Lola" for a long time because Ray Davies wouldn't allow it.

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  • [–] 8 points 11 months ago (1 child)

    He does get permission, because he doesn’t want to be a dick and also doesn’t want to have to go to court, but he technically doesn’t need it.

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  • [–] 4 points 11 months ago

    This says

    Often times, a court will apply the “likelihood of confusion” test to a parody case. Courts have noted that a successful parody will rarely be considered infringement because the ultimate object of a parody is to entertain and not confuse the listener or buyer. There is no perceived “threat of confusion” and it is unlikely that the original artist’s profits will be negatively impacted by Weird Al’s versions. Because of this, original recording artists are unlikely to have a cause of action against Mr. Yankovic.>

    Despite the unlikelihood of litigation, Weird Al always obtains permission from the original artist. He has stated, ”I have a long-standing history of respecting artists' wishes. So if (the artist) himself were objecting, I wouldn't even offer my parody for free on my Web site.”

    By obtaining official copyright permission from the artists, Weird Al’s attorneys negotiate royalties which vary from a flat fee buyout to royalty participation. Weird Al's financial success is likely responsible for the willingness of most copyright owners to grant him permission to parody their musical compositions. It as made it possible for Yankovic to bargain for a lucrative share in the copyright of the parody version of the song.

    Curious how he doesn't get 100% royalties if the song is fair use.

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  • [–] 1 point 11 months ago

    Doesnt matter if dhs is in the legal clear. Nintendo have sued and dcma many perfectly legal projects, but because nintendo is a multiple billion company with a team of rabid lawyers. They can just strong arm anyone that stands in their way. But your right... the federal government cant be strong armed by a small fry like nintendo.

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  • [–] 1 point 11 months ago

    Defending your copyright is mandatory if you want to keep it.

    You are thinking of trademark. Copyright can not be removed unless you explictly waive your rights away. Use to, you had to register copyright to obtain it. But today, it is immediately granted the moment the copyrighted peice is created. Registering is merely for record keeping making it easier to prove ownership.

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  • [–] 4 points 11 months ago*

    Grease the palms that give you overzealous patents.

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  • [–] 3 points 11 months ago (2 children)

    Can't we do anything about Nintendo ? Like anything at all ? I don't think I'm the only one who thinks like this here.

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  • [–] 3 points 11 months ago (4 children)

    Realistically, what did anyone expect them to do?

    You want them to sue the US government? For a song that, while technically copyrighted, is so prolifically used that they'd be laughed out of court?

    Nintendo had literally nothing to gain from fighting this. Even if they won, they'd still lose.

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  • [–] 5 points 11 months ago

    Realistically, what did anyone expect them to do?

    You want them to sue the US government? For a song that, while technically copyrighted, is so prolifically used that they’d be laughed out of court?

    a zillion musicians already have.

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  • [–] 2 points 11 months ago

    Give it time these things take weeks to compile ( copyright suits)

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