EX Nintendo Lawyer says ‘No One Likes Suing Fans’
“Don’t issue takedowns right away”
A former chief legal officer of The Pokémon Company has offered a rare glimpse into the company’s approach to handling fan projects.
In an interview with Aftermath, Don McGowan clarified that, during his tenure, The Pokémon Company didn’t actively pursue fan projects for takedown unless they crossed a specific threshold.
McGowan emphasized a cautious approach, stating, “Immediate takedowns weren’t our first move.” Instead, the company waited to assess if these projects gained significant funding, particularly through platforms like Kickstarter. Only then would they take action. He noted, “Litigation against fans was never our preference.”
According to McGowan, he and his legal team usually became aware of potential copyright infringements when these projects garnered media attention. “I’d be going about my day in the office when someone from the company would send me a link to a news article, or I’d stumble upon it myself,” he recalled.
Reflecting on his experience, McGowan shared a lesson he imparts to his students in entertainment law: “The last thing you want is your ‘fan’ project making headlines because that’s when it lands on my radar.”
The Comparisons:
Despite this lenient stance, numerous Pokémon fan projects have faced takedown notices, resulting in their removal from online platforms. For instance, in 2018, a popular fan-created tool enabling players to construct their own Pokémon games was shut down. In 2021, support for Pokémon Uranium, a fan project that underwent nine years of development, was discontinued. Additionally, in 2022, The Pokémon Company took down nearly all videos showcasing a fan-made Pokémon hunting first-person shooter (FPS) that had gained viral traction on YouTube and social media.
While not a fan project, Palworld made headlines earlier this year, drawing comparisons to Pokémon. The Pokémon Company responded with a relatively mild and general statement: “We intend to investigate and take appropriate measures to address any acts that infringe on intellectual property rights related to Pokémon.” Legal experts say suing fans in lawsuit was improbable, though Nintendo and the Pokémon Company has not stated.
