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this post was submitted on 25 Jan 2024
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Per copyright law in the United States, the designs must be 15% different to create one's own artistic copyright. They're several that are close, but 15% isn't that much. Obviously Nintendo isn't a US company, but it'll be interesting to set how this goes
How the fuck do you even define a percentage point of difference for a creature's design ?
They do that mario party game where you trace the outline
Pretty sure this is a common myth. I'm curious if anyone has a source on this.
I minored in business law and we were taught this
Your teaching professor likely misinterpreted the fair use doctrine's wording. Apparently this is a common mistake. I made sure to look this up.
Both Nintendo and Pocketpair are Japanese companies and their copyright laws are MUCH more harsh. In fact Japan even lacks concepts of "Fair use"
Add to that the fact that public opinion also matters intensely in Japanese courts (think juries) and that Pokémon is considered a national treasure and well... Things are stacked against Pocketpair