The Pokédek - Pokémon themed playing cards (KS)

[badpete69]

[Ben Taylor]

Let's see how long this takes for Nintendo to shut it down.

[MagikFingerz]

Let's see how long this takes for Nintendo to shut it down.

Yep. Nothing about licensing on the project page.

[Sher]

Let's see how long this takes for Nintendo to shut it down.

Yep. Nothing about licensing on the project page.

Aww, darn it... I got all excited when I read the title...

[Eoghann]

Gotta catcha lawsuit! Womp Womp.

[MagikFingerz]

Would love to see a pokemon deck done properly though, with several versions (this cutesy one doesn't appeal to me much by itself).

Alakazam as a suicide king with a spoon behind his head? Yes please!

[Sher]

From the FAQ at the bottom. Looks like a bunch of people have already voiced concerns over licensing and copyright:

"There have been a few campaigns that deal directly with Pokemon, and many were successfully funded, with no legal action taken. And this is only dealing with projects on kickStarter.

If you go to online stores like Etsy and storeEnvy, or to places with "Artist Alleys" such as anime and comic conventions, there are literally thousands of items you can purchase that are not officially licensed.

While Nintendo is well within their rights to order a cease-and-desist, we're hoping that they understand this project, and allow it to happen!

Take a look at this SDCC panel about fan art and copyrights:"



... What do you guys think?

[DukeBoy]

Although Fan art is accepted and has it's place, it is still a small and hard thing to litigate. The other KS projects were more inspired by Pokemon not direct art project with very similar images.

[volantangel]

Well would you risk your money on these ? Thats the question. Who is assuming the risk ? Are they promising refunds if such a thing happens ?

[MagikFingerz]

... What do you guys think?

I think it shouldn't be a possibility. Even if I was attracted to the design, I wouldn't risk a pledge just to have it get shut down. And I think it's irresponsible for the project creator not to take any measures towards at least lowering the risk of it happening. Hell, they didn't even mention it in the Risks and Challenges section.

I don't know what's worse; having enough respect for the creators to back this, or thinking a huge corporation has a heart.

...sorry, it's late and I'm all out of sugarcoating.

[Eoghann]

Granted, Etsy and deviantART thrive on fan art sales. But that's small time when a mass produced, unlicensed product comes into play. I have a feeling they might get away with it if the project stays within a modest amount of pledges. But if this takes off, Nintendo will want a slice of that pie or shut it down all together. Either way it's pretty risky.

[Sher]

Well would you risk your money on these ? Thats the question. Who is assuming the risk ? Are they promising refunds if such a thing happens ?

I didn't pledge, because I thought maybe the project wouldn't get a cease and desist until after the project has been funded and then the backers are SOL cuz most of the time creators don't offer refunds. Isn't that what happened to the Army deck (though I could be wrong - this was before I started collecting)?

EDIT: Randy Butterfield also made a reference to the Army deck at PCP, so I guess a similar scenario did happen.

Another edit: I meant the Army Men deck, not Jackson's upcoming Army deck.

[lolo]

From the FAQ at the bottom.
[cut]
... What do you guys think?

I really like to have some Pokemon decks for my children. The design of this one looks good.

As one of our Président (Jaques Chirac) said : "promises only bind those who believe in them".
Do I believe the creators ? I'm not convinced by the discourse ("it was done before, so why not us")
Do they believe in their promises ? I hope. But they rely on luck. They have to ask to nintendo to be sure.

I prefer missing a good deal than doing a bad one ! (don't know if it's correct english...)

[vasta41]

Another red flag with this project is the very tiny goal.. why does he need KS to raise $1000 when it costs so much more to make a minimum print? Sketchy all over...

[volantangel]

Another red flag with this project is the very tiny goal.. why does he need KS to raise $1000 when it costs so much more to make a minimum print? Sketchy all over...

Well its definitely not USPCC, sooo there might not be a min print run.

[Sher]

From the comments section:

"Kristina McQuillen about 12 hours ago
So the answer to the copyright violation question is...yes we know we are in violation but everyone else does it and hasnt gotten sued yet so its ok."

"Creator Misun Kim about 11 hours ago
@ Kristina: That's the jist of it, yes. So the bad news is, if Nintendo orders issues a cease-and-desist, then we'll cancel this project. Good news is, nothing will be charged on your credit card! (but perhaps a deep sadness will ingrain into your heart...)"

[MagikFingerz]

From the comments section:

"Kristina McQuillen about 12 hours ago
So the answer to the copyright violation question is...yes we know we are in violation but everyone else does it and hasnt gotten sued yet so its ok."

"Creator Misun Kim about 11 hours ago
@ Kristina: That's the jist of it, yes. So the bad news is, if Nintendo orders issues a cease-and-desist, then we'll cancel this project. Good news is, nothing will be charged on your credit card! (but perhaps a deep sadness will ingrain into your heart...)"

That's only if Nintendo issues a C&D while the campaign is active. Nobody can predict that IF they do it, they'll do it at that time.

Naïvety in project creators makes me a sad panda

[Sher]

From the comments section:

"Kristina McQuillen about 12 hours ago
So the answer to the copyright violation question is...yes we know we are in violation but everyone else does it and hasnt gotten sued yet so its ok."

"Creator Misun Kim about 11 hours ago
@ Kristina: That's the jist of it, yes. So the bad news is, if Nintendo orders issues a cease-and-desist, then we'll cancel this project. Good news is, nothing will be charged on your credit card! (but perhaps a deep sadness will ingrain into your heart...)"

That's only if Nintendo issues a C&D while the campaign is active. Nobody can predict that IF they do it, they'll do it at that time.

Naïvety in project creators makes me a sad panda

Yeah, if Nintendo issues a cease-and-desist after the campaign has ended and they've already gotten the money from backers, who knows if they'll issue refunds.

[MagikFingerz]

Yeah, if Nintendo issues a cease-and-desist after the campaign has ended and they've already gotten the money from backers, who knows if they'll issue refunds.

Yep, you don't even need to doubt the creators' moral compass for that to be a risk. If a C&D is issued after they've started printing the cards, before they've started shipping, they might not even be able to issue refunds.

[volantangel]

OH LOOK ! ITS BEEN FLAGGEDDD !!

[Sher]

Copyright Notification:

"DMCA Notice
The Pokédek - Pokémon themed playing cards [Submitted by The Pokemon Company International, Inc.]
Date: Mar 14, 2014

Sender
[Private]
The Pokemon Company International, Inc.
333 108th Ave NE Suite 1900
Bellevue, WA 98004
USA

Sent via online form

Recipient
Kickstarter, Inc.
58 Kent Street
Brooklyn, NY 11222
USA

Re: The Pokédek - Pokémon themed playing cards

Description of copyrighted material: This individual is creating a deck of playing cards using the Pokémon intellectual property.

Description of infringing material: The copyrighted work is the world-famous and copyrighted Pokémon intellectual property which includes but is not limited to Vaporeon, Marill, Horsea, Poliwag, Oshawott, Piplup, Panpour, Dewgong, Wooper, Mudkip, Froakie, Squirtle, Flareon, Darumaka, Cyndaquil, Ponyta, Tepig, Litleo, Pansear, Ninetales, Growlithe, Torchic, Fennekin, Charmander, Leafeon, Budew, Chikorita, Skiddo, Lilligant, Turtwig, Pansage, Chespin, Celevi, Treeko, Snivy, Bulbasaur, Jolteon, Dedenne, Pachirisu, Blitzle, Emolga, Pluse & Minun, Shinx, Helioptile, Ampharos, Pichu, Raichu, and Pikachu."

[MagikFingerz]

"That's life. That's what all the people say.
You're riding high in April, shot down in May."

- Frank Sinatra

[vasta41]

Oh boy, if this gets shut down it would be a good edition to the KS wall of shame.

[TLZ1979]

i thought the projects that got added to the wall of shame were the ones that got funded and then never got delivered to, considering this project never even got off the ground really, as it was so obvious nintendo would shut them done, don't see why they would be added to the wall of shame.

[MagikFingerz]

i thought the projects that got added to the wall of shame were the ones that got funded and then never got delivered to, considering this project never even got off the ground really, as it was so obvious nintendo would shut them done, don't see why they would be added to the wall of shame.

Yuu're right TLZ, the Hall of Shame is only for funded projects that either straight up scams people, fail to deliver, or are abysmally late.

[vasta41]

i thought the projects that got added to the wall of shame were the ones that got funded and then never got delivered to, considering this project never even got off the ground really, as it was so obvious nintendo would shut them done, don't see why they would be added to the wall of shame.

Yuu're right TLZ, the Hall of Shame is only for funded projects that either straight up scams people, fail to deliver, or are abysmally late.

My mistake- I guess I just interpreted it differently.