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I get the reaction, but it’s worth remembering that Japanese copyright and trademark law strongly protect creative works and registered marks. Japan doesn’t hav
by speak_plainly 11mo ago
I get the reaction, but it’s worth remembering that Japanese copyright and trademark law strongly protect creative works and registered marks. Japan doesn’t have a broad “fair use” exemption like in the U.S., only narrow, specific exceptions (such as limited quotation or educational use). Under the Trademark Act, companies also have to actively enforce their marks or risk dilution or cancellation. So while Nintendo’s actions can seem heavy-handed, they’re also legally required to defend their intellectual property to preserve its value and exclusivity.
- Sohcahtoa82 11mo agoAs an American living in America, why do Japan's laws on copyright and trademark apply to me? Why can't I just say "Fuck off, Nintendo, you have no power here."? I recognize that there's a Nintendo of America entity that could file the suit, but then clearly only the USA's laws would be relevant.
- kisper 11mo agoIt seems that you appreciate the existence of Japanese content, but want to use it on your own terms, not theirs. Is that a fair understanding of your point of view? I think that might be the point of contention for a lot of people.
- Fire-Dragon-DoL 11mo agoI mean, that's how it works if you sell your stuff in a different country
- Sohcahtoa82 11mo agoI want to use Japanese content on America's terms, which, as mentioned above, are more forgiving than Japan when it comes to "fair use".
- speak_plainly 11mo agoNintendo of America, like any U.S. company, must actively protect its trademarks or risk weakening or losing them. While the company generally seems tolerant of fan use of its copyrighted material, it’s entirely reasonable that Nintendo would want to safeguard its intellectual property, its core asset and main source of revenue, both to preserve its legal rights and maintain the integrity of its brand.