3 ms·

> Not surprised. If they don’t protect their IP, then they don’t have a ground to stand on. It’s basic IP law. That's trademarks

deafpolygon 2y ago
Trademarks is a part of your IP... [1] [1] https://en.wikipedia.org/wiki/Intellectual_property#:~:text=There%20are%20many%20types%20of%20intellectual%20property%2C%20and%20some%20countries%20recognize%20more%20than%20others.%5B3%5D%5B4%5D%5B5%5D%20The%20best%2Dknown%20types%20are%20patents%2C%20copyrights%2C%20trademarks%2C%20and%20trade%20secrets https://en.wikipedia.org/wiki/Intellectual_property#:~:text=...
- ravenstine 2y ago
  Merely showing something that is trademarked is not a trademark violation.
  - Glant 2y ago
    Is that the case in Japanese law? I don't know anything about Japanese law, but I've heard they don't have an equivalent "fair use" law which results in much stricter control.
    - ravenstine 2y ago
      Good question. I don't actually know, although I'm not sure how Japanese law would extend to a multinational social media platform that happens to be headquartered in the United States.
  - deafpolygon 2y ago
    Showing Nintendo's own software running on hardware that is not licensed for use can be considered a form of infringement. Displaying their logo while engaging in certain types of (illegal) activity can be considered infringement. This has been tried before. While it may seem "unfair", it's entirely within their rights to do so.
    - ravenstine 2y ago
      I don't think it's so much about whether Nintendo has the right as opposed to whether one should do business with them based on how overly defensive they are. There are other gaming platforms in town, and none of them (not even Sony) are as needlessly defensive of their IP as much as Nintendo, so it isn't obvious that Nintendo is just doing what it takes. They go above and beyond. Also, whether a crime is being committed at the same time as displaying a trademark shouldn't matter unless the trademark is actually being violated. Since trademark today is effectively being enforced by multinational corporations scratching each others backs, we may never actually know whether Nintendo's lawyers could convince a judge or jury.

deafpolygon 2y ago

Trademarks is a part of your IP... [1] [1] https://en.wikipedia.org/wiki/Intellectual_property#:~:text=There%20are%20many%20types%20of%20intellectual%20property%2C%20and%20some%20countries%20recognize%20more%20than%20others.%5B3%5D%5B4%5D%5B5%5D%20The%20best%2Dknown%20types%20are%20patents%2C%20copyrights%2C%20trademarks%2C%20and%20trade%20secrets https://en.wikipedia.org/wiki/Intellectual_property#:~:text=...

ravenstine 2y ago
Merely showing something that is trademarked is not a trademark violation.
- Glant 2y ago
  Is that the case in Japanese law? I don't know anything about Japanese law, but I've heard they don't have an equivalent "fair use" law which results in much stricter control.
  - ravenstine 2y ago
    Good question. I don't actually know, although I'm not sure how Japanese law would extend to a multinational social media platform that happens to be headquartered in the United States.
- deafpolygon 2y ago
  Showing Nintendo's own software running on hardware that is not licensed for use can be considered a form of infringement. Displaying their logo while engaging in certain types of (illegal) activity can be considered infringement. This has been tried before. While it may seem "unfair", it's entirely within their rights to do so.
  - ravenstine 2y ago
    I don't think it's so much about whether Nintendo has the right as opposed to whether one should do business with them based on how overly defensive they are. There are other gaming platforms in town, and none of them (not even Sony) are as needlessly defensive of their IP as much as Nintendo, so it isn't obvious that Nintendo is just doing what it takes. They go above and beyond. Also, whether a crime is being committed at the same time as displaying a trademark shouldn't matter unless the trademark is actually being violated. Since trademark today is effectively being enforced by multinational corporations scratching each others backs, we may never actually know whether Nintendo's lawyers could convince a judge or jury.