Pokemon Company Threatens Pokemon Go API Creator With CFAA Lawsuit

from the because-of-course dept

Is there no goodwill that the Pokemon Company's lawyers won't step in and kill off? With the popularity of Pokemon Go, some third parties had started trying to develop some services to go with it, and as part of that, a few have tried to create Pokemon Go APIs. A user going by the name Mila432 had created an unofficial Pokemon Go API in Python, and posted it to GitHub. If you go now, you may notice that the Readme now reads:

see you in court nianticlabs, with love from russia xoxo

That's because the Pokemon Company (not the game developer Niantic, but rather the Nintendo subsidiary that owns a piece of Niantic along with all the Pokemon rights) sent Mila432 a legal nastygram claiming that the creation of the API could violate the Computer Fraud and Abuse Act (CFAA). Mila432 posted screenshots to Reddit. We have all the screenshots posted at the end of this post. The letter first claims that creating this API is a violation of Pokemon's Terms of Use as well as Pokemon Go's Terms of Service. But, more importantly (and ridiculously) it claims a violation of the CFAA -- a law we've discussed many times before, mainly for it being the one law "that sticks" when no law was actually broken, but you've done something people dislike "with a computer." Here's what Pokemon's lawyers have to say:

Additionally, your actions with respect to the Mila 432/Pokemon_Go_API potentially violate the federal Computer Fraud and Abuse Act ("CFAA"), a statute that prohibits the unauthorized access of servers and access which exceeds authorization, as well as similar state statutes. And your inducement of others to violate numerous terms of service provisions violates the CFAA. While notice is not a prerequisite to liability, Pokemon hereby puts you on notice that you are barred from accessing Pokemon servers or infrastructure, and barred from facilitating access by others. Any continued access, whether directly or at your direction or on your behalf, will be unauthorized.

See that language right there, about putting Mila432 "on notice" and saying that s/he is barred? That's straight out of the very recent Facebook v. Power.com decision in California, where the court ruled that once a company (in that case, Facebook) had sent a cease-and-desist notice, any further access was a CFAA violation. We were troubled by that ruling, and the use of it here further illustrates how problematic it was.

Now, yes, you can argue that unauthorized APIs can cause problems for games -- and that's true. Of course, it can also help make them more compelling by allowing others to build on the game and add more value. But, wherever you come down on that debate, going legal seems pretty silly. Niantic, for its part, had simply gone the technology route of limiting access to third-party servers, to deal with some quality of service problems created by such third parties accessing its system. That is, rather than totally freak out about such APIs, it noted the actual problem (overloaded machines) and sought to fix it through technology.

It's just the Pokemon company that took it up a few unnecessary notches to pull out a big gun like the CFAA. But, I guess, how can I be surprised? This is the same company that legally fucked over a party by Pokemon fans at PAX last year, suing the people who organized it.

Filed Under: api, cfaa, pokemon, pokemon go, terms of service, threats
Companies: niantic, nintendo, pokemon company

Pokemon Wants To Totally Bankrupt One Of Its Biggest Fans, Thanks To Copyright

from the how-nice-of-them dept

Back at the end of August, we wrote about a ridiculous situation in which the Pokemon Company decided to sue two fans in Seattle who had set up a Pokemon-themed party leading into the big PAX conference. As soon as the threats came down, these guys shut down the party entirely, but the Pokemon Company would not be stopped in its determination to totally bankrupt and destroy such a big fan who was out there promoting Pokemon and Pokemon culture. The company, represented by big copyright maximalist law firm Davis Wright Tremaine, went forward with the ridiculous lawsuit anyway. While they dismissed one guy from the lawsuit, the other, Ramar Larking Jones, didn't hire a lawyer, saying he had no money for it.

End result is that the Pokemon Company is demanding $4,000 from Jones by November or they say they'll make things even worse. Some of the reporting on this suggests that Jones has lost the case already, but that's not true. Basically, a lawyer from Davis Wright Tremaine (who should question how he sleeps at night), Stuart Dunwoody, is bullying Jones, who says he's just a broke fan of Pokemon. Dunwoody told Jones that Pokemon is willing to "settle" the case for $5,400 and sent him a "final judgment and permanent injunction" for Jones to review. This is not from the judge. This is from Dunwoody, who will submit it to the judge and hope the judge just signs off on it. And, of course, if he gets Jones to agree to this "settlement", that's what the judge will do. Apparently Dunwoody has agreed to accept a $4,000 settlement, but only if the amount is paid by mid-November. Jones has been asking if he can spread it out over a year, noting that he's basically broke and works in a cafe.

Jones, for his part, still doesn't appear to have a lawyer (note: this is a mistake), and has set up a GoFundMe page, trying to raise the $4,000 to pay off Davis Wright Tremaine and Dunwoody (who probably bills more than $4,000 per day for doing this kind of shakedown).

Yes, you can argue that perhaps Jones should not have thrown a "Pokemon-themed" party or used Pokemon characters on the poster, but, really? Does anyone honestly think there is any legitimate harm done here to the Pokemon Company? Especially compared to the reputation it will get for bankrupting someone who appears to be one of its biggest fans (or was). This whole thing is shameful, and the Pokemon Company, Davis Wright Tremaine and Stuart Dunwoody should feel bad about this. They're bankrupting one of Pokemon's biggest fans who was trying to share his love for Pokemon. How does that help anyone, other than Dunwoody's billing hours?

As Jones writes on his GoFundMe: "Trust me I will never throw another fandom party again." Congrats, Stuart Dunwoody. Another fan disillusioned. You must be so proud.

Filed Under: copyright, fans, pokemon, ramar larking jones, stuart dunwoody
Companies: davis wright tremaine, pokemon company

Pokemon Company Shuts Down Pokemon PAX Party Because Fun Is A Tool Of Team Rocket

from the gotta-shut-down-them-all! dept

I guess at this point that most people already know that Pokemon Company guards its intellectual property with the same dedication that a dog guards its food bowl after it's been filled with a rare-cooked bone-in ribeye (am I the only one that enjoys giving dogs good food?). Between going after a woman who made some planters inspired by Pokemon and suing someone for making a phone app for collecting Pokemon cards, the message is clear: don't use our stuff! Even though, as is almost inevitably the case, this kind of strict control prevents uses that actually do more to promote the Pokemon brand than anything else, and even when these cases are against true fans of Pokemon, it doesn't matter. Control is what they are interested in. Control for the sake of control.

But even knowing that, I'm still surprised that Pokemon Company has decided to shut down a Pokemon-themed PAX party in Seattle over some posters and themed-drinks.

The Pokémon Company International (TPCi) filed a lawsuit against two Seattle residents on Wednesday, claiming that the Pokémon-themed party they were organizing allegedly infringed upon TPCi's copyright.

Seattle residents Ramar Larking Jones and Zach Shore attempted to organize the "5th Annual Unofficial Pokémon PAX Kickoff Party." The party would have taken place in the 500 East restaurant and bar on Thursday, on the eve of the local Penny Arcade Expo (PAX) Prime convention on Friday.

As always, the copyright complaints are real but predictably trivial. The filing's chief concerns seem to be over the promotion of the party on Facebook, the inclusion of Pokemon characters on posters for the party, and Pokemon (and other games) themed drinks to be served. To be served, mind you, almost certainly to hardcore Pokemon fans. Indeed, there were prizes to be given away for cosplay, dancing, giveaways. You know, a good damned time. And for the crime of organizing a party around a franchise so beloved by its fans, the company shut it down.

TPCi's complaint notes that it aims to "put an end to and obtain redress for [Jones and Shore's] blatant and willful infringement of TPCi's copyrights." Ruckus Productions, a business entity that Jones and Shore run, is also listed as a defendant beside both individuals. TPCi is seeking damages, attorney's fees, and an order to stop future instances of the event. TPCi's complaint notes that the event had been organized annually since 2011.

Anyone want to actually suggest that the first four Poke-Parties did any kind of real harm to the Pokemon Company? Of course not, which is why the sudden hammer-drop makes absolutely no sense. As always, if there are concerns about setting precedent or protecting trademarks, handshake agreements and cheap licenses could easily be handed out to keep the party on. That way, Pokemon gets to save face on protecting its intellectual property, and the party goes on for its fans. Instead, the company specifically is looking to end the party as a primary goal of the lawsuit.

Because Pokemon isn't about fun, apparently.

Filed Under: copyright, party, party pooper, pax, pokemon, trademark
Companies: nintendo, pokemon company