this post was submitted on 31 Jan 2024
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That's not the issue, or what that means here. "Legally distinct" in this context would mean that the product isn't infringing on the IP, copyright, or trademark of a similar product. "Yellow rat" is fine, "Pikachu" is not.
If someone ripped a verse or a chorus from a song, and uploaded it to Spotify, you don't think that Universal could contact Spotify to take it down or block it?
Mods are free and community-driven. This situation is closer to someone using the chorus to a song in their own soundcloud track, which in my opinion should be completely fine
You're also not allowed to use someone else's song to make your own soundcloud track.
I'm not familiar with soundcloud's TOS, which is why I noted that it's my opinion. When did people decide it's alright for multi-billion dollar corporations to dictate what people create for fun?
When they're a company that provides something that specific person likes more than their spine, pride, or common sense.
It has nothing to do with anyone's TOS.
People decided that when they passed copyright laws and signed international treaties about it.
IIRC, the mod wasn't free. They were making money off of it using Patreon.
It's this and the fact that Japan has no Fair Use of Copyright as well
Ah, I didn't realize. That does make the situation a bit stickier, then
Ignoring that this mod wasn't free, that's absolutely not in the neighborhood of legal.
Nintendo is fully within their legal rights to send a DMCA takedown to every single fan drawing of Pikachu on the planet if they so desire. It belongs to them.