Pokemon games tend to be an incredibly popular topic of discussion, no matter what, but with the dawn of a new generation, where information and unannounced Pokemon are slowly trickled out over months, or even kept secret until launch, fans were going wild with anticipation. This was especially true for Sword and Shield, which had a very contentious pre-release fervor to them. When images of the strategy guide for Pokemon Sword and Shield appeared on the internet, weeks prior to the games' official release, which was on November 15th, they went viral, as users posted them to every nook and cranny of social media and message board. Nintendo themselves even tried to get many sites to take those pictures down, citing the DMCA, to mild success. But by then, everyone had already saved the images and had distributed them even further across the internet.

To mitigate damage caused by the Defendants' leaks, TPCi submitted hundreds of takedown requests to platforms to remove the leaked images.

The content of the leaked strategy guide, which was slated to release a week after Sword and Shield themselves, on November 22nd, included pictures of Gigantamax Pokemon, the entirety of the Galar region's Pokedex (and all of its cuts, which turned into a dramatic hashtag campaign on Twitter), all of the new Pokemon and their Galarian forms, and more.

The Pokemon Company International believes that this leak of information has caused "irreparable damages", and by sharing stolen trade secrets, they threatened the value of both major Pokemon titles. A lawsuit has been filed with Perkins Coie LLP, where TPCi is looking to seek compensation for "wrongful conduct", and monetary relief for the damages caused by said leaks. The legal document shows posts from anonymous individuals on 4chan and Discord sharing dozens of screenshots from the guidebook, and though TPCi currently does not know who these four John/Jane Does are, they're actively searching to find out who was behind the Discord account providing the screenshots. Currently, TPCi is looking to issue a subpoena to Discord, in order to get more information on the accounts.

TPCi seeks leave to subpoena Discord, 4chan, and the individual who used the [specified] Discord handle, for identifying information associated with the users that posted the leaked images. TPCi will seek identifying information associated with the images, IP address, email address, secondary or recovery email address, records of session times and duration, and any other identifying information.

Source

Tags: [GAME=/game/pok-mon-sword.37382]Pokémon Sword[/GAME] [GAME=/game/pok-mon-shield.115653]Pokémon Shield[/GAME] [COMPANY=/company/the-pokemon-company-international]The Pokémon Company International[/COMPANY]

 

[chrisrlink]

Can someone find a way to sue them for lying to people multiple times in press releases and videos, in multiple languages?

I would certainly join a class action law suit to teach them a lesson. Don’t be cheap, hire more employees, don’t lie to gamers and stop the yearly releases!

you could for false advertisment and i know the perfect piece to go with (using a lot of assets from previous gen, when saying everything was redone from scratch)

 

[Spider_Man]

Pokemon company thats kept nintendo goind and are getting free advertising and are getting sued.

Fuck you nintendo!

 

[Rahkeesh]

Employees and people contracted under NDA have obligations to protect company secrets. No-one else does and its a travesty against free speech if the courts support going after anyone outside that group, regardless of whether you think leaks are a good or bad thing for the industry.

 

[KingBlank]

This isn't protecting their IP. It's them striking against their own fans, believing the fans ruined their image more than they did.

How do we know this?

"Irreparable damages".

Irreparable damages refers to something wherein "something cannot be reversed or repaired". But clearly that's not true. There is no way to prove that releasing the images caused harm in any way shape or form. It's them attempting to throw around the most abuseable clause they could in law to attack the fans.

Editted in line: Hell, the fact that they think this DID caused damage by revealing info in advance seems to imply they intentionally shorthanded the games, and they didn't want this info out in advance because they believed (without proof) that it would harm sales.

That you're defending them is atrocious.

Regardless, Leaking media early is terrible and should be punished. Many fans choose to avoid seeing leaks and find that the existence of a leak diminishes the experience of playing a new release.

 

[Edgarska]

Regardless, Leaking media early is terrible and should be punished. Many fans choose to avoid seeing leaks and find that the existence of a leak diminishes the experience of playing a new release.

Have you considered not looking at leaks?

 

[Lxmisade]

Tbh all of the leaks are basically the reason me and my friends chose not to buy the game. While that's anecdotal, I guess I can empathise with this decision? But I still think a lawsuit seems heavy.

 

[VartioArtel]

Regardless, Leaking media early is terrible and should be punished. Many fans choose to avoid seeing leaks and find that the existence of a leak diminishes the experience of playing a new release.

This opens up accountability issues, ownership rights, etc. I don't think we can honestly say if it should or shouldn't really be punished.

 

[AkikoKumagara]

I shouldn't be surprised so many people are miffed about this, but I kind of am. Like, what the hell did you expect to happen? Don't want to get in trouble? Don't leak things before they're released. Simple as that. I'm sure most of the people upset by this move are the people complaining about National Dex and graphics and whatever...

This isn't an attack on the fans, it's about making an example of people breaking street dates and illegally distributing media as it pertains to an unreleased book and game.

 

[FAST6191]

I am curious here. For the sake of things I will assume they not only can show damages from the data being made available but can also quantify it.

So the data released was official, was true (though if ever false rumour about games was pursued...) and was set to be released in short order (timing is a thing the courts might well accept here but I would not fancy the lawyer that gets to make the claim's job, even more so when the opposition will probably note that such things would have been known in exceptionally short order*). Trade secrets also tend to be from people within the trade in a trusted position of some form (and it is a legal concept in a lot of places, in terms of investigations it can be quite fascinating as well -- patents, trademarks and copyrights are so much let your lawyers do battle but trade secrets are often very hard to detect, hence why they can be trade secrets, but enough of that) and if some random got the good fortune to find something or have it delivered ahead of time (presumably having not directed an attempt at obtaining it via dishonest means)... harder to make that case. I don't know the complete US takes on the concept though.

*I don't know what computer games have as the equivalent of a "good opening weekend" before everybody rubbishes it on Monday around the watercooler. As films can be tanked by early screenings these days, never mind people saying don't bother lads on Saturday afternoon, then that is hard to sell and is generally considered far more tricky than it was in years prior. For games and reviews I have stuff like https://towardsdatascience.com/what...o-games-compared-to-global-sales-bdf7a395e064 but sales with respect to time and first impressions/reviews/quick analysis is far less clear.

This is not exactly new ground either. We have been seeing leaked scripts, preview screenings NDA leaks, and whatever else (if not worse) for films, tv, and such for decades at this point and I don't know that I have really seen anything here to base stuff on. Most things here are whole work leaks (screeners, workprints and whatever else) or similar such things. Maybe some of the Harry Potter stuff ( https://www.reuters.com/article/us-...-over-harry-potter-leak-idUSL1887939520070718 , https://www.bbc.co.uk/news/entertainment-arts-36010426 , https://www.theguardian.com/uk/2003/may/15/books.ukcrime , though I mainly just want to link the Internet Historian video) but most of those are contract breaches and outright theft (which they might be fishing for, though usually one files a criminal complaint there before turning that evidence into civil, see also most torrent/p2p piracy cases).

To that end I will probably lean towards fishing expedition (though an odd one) or warning shots. I will also have to raise the middle finger.

 

[Deleted-236924]

Best launch of a Nintendo Switch game.
Best U.S. launch of a main series Pokémon title.
6 million copies sold within the opening weekend.

Yeah, that's a lot of damage done there.

Someone call Phil Swift.

 

[VartioArtel]

I am curious here. For the sake of things I will assume they not only can show damages from the data being made available but can also quantify it.

So the data released was official, was true (though if ever false rumour about games was pursued...) and was set to be released in short order (timing is a thing the courts might well accept here but I would not fancy the lawyer that gets to make the claim's job, even more so when the opposition will probably note that such things would have been known in exceptionally short order*). Trade secrets also tend to be from people within the trade in a trusted position of some form (and it is a legal concept in a lot of places, in terms of investigations it can be quite fascinating as well -- patents, trademarks and copyrights are so much let your lawyers do battle but trade secrets are often very hard to detect, hence why they can be trade secrets, but enough of that) and if some random got the good fortune to find something or have it delivered ahead of time (presumably having not directed an attempt at obtaining it via dishonest means)... harder to make that case. I don't know the complete US takes on the concept though.

*I don't know what computer games have as the equivalent of a "good opening weekend" before everybody rubbishes it on Monday around the watercooler. As films can be tanked by early screenings these days, never mind people saying don't bother lads on Saturday afternoon, then that is hard to sell and is generally considered far more tricky than it was in years prior. For games and reviews I have stuff like https://towardsdatascience.com/what...o-games-compared-to-global-sales-bdf7a395e064 but sales with respect to time and first impressions/reviews/quick analysis is far less clear.

This is not exactly new ground either. We have been seeing leaked scripts, preview screenings NDA leaks, and whatever else (if not worse) for films, tv, and such for decades at this point and I don't know that I have really seen anything here to base stuff on. Most things here are whole work leaks (screeners, workprints and whatever else) or similar such things. Maybe some of the Harry Potter stuff ( https://www.reuters.com/article/us-...-over-harry-potter-leak-idUSL1887939520070718 , https://www.bbc.co.uk/news/entertainment-arts-36010426 , https://www.theguardian.com/uk/2003/may/15/books.ukcrime , though I mainly just want to link the Internet Historian video) but most of those are contract breaches and outright theft (which they might be fishing for, though usually one files a criminal complaint there before turning that evidence into civil, see also most torrent/p2p piracy cases).

To that end I will probably lean towards fishing expedition (though an odd one) or warning shots. I will also have to raise the middle finger.

Agreed on basically every end. This feels like they're just firing at air to intimidate and threaten their own fandom out of rage of their own incompetence.

 

[Sliter]

I think this is the first ever legal action by them/ related to pokemon that really make sense! There are people that like leaks, there are the ones that don't like, but not only for the public, they pay people that work there or have early access to not leak a thing and if do, they get fined! Why someone else must be fine for doing so?

 

[codezer0]

As someone that's been a long-standing fan, and as someone who met their wife through mutual enjoyment of Pokemon? Fuck them for pulling this shit.

 

[Garro]

Irreparable damages for showing the world the full picture of Pokemon Sword and Shield? Are they admitting their game is shit?

They pay people that work there or have early access to not leak a thing and if do, they get fined! Why someone else must be fine for doing so?

Because in most cases, an agreement is signed to not disclose sensitive information and breaking such agreement leads to fining, that's why.

I'm actually shocked (and kinda ashamed) that some people are fine that a company is trying to sue (and therefore potentially destroying) an average person just for uploading some pictures and committing the terrible crime of spoiling people.

 

[Akira]

You leak me and i’ll teach you, Po-ke-mon, gotta sue them all, gotta sue them all, Pokemon!

 

[YukidaruPunch]

While this may sound harsh, I believe they're entirely in their rights. People who work in this are under NDAs and other contractual obligations. Sharing private info before the time can in fact lead to property damages, as much of the info can be decontextualised. It's a breach in confidence and nobody wants to work with people like that.

I do hope that don't go after monetary compensation, as that would be incredibly petty and downright ridiculous, but protecting their rights and intellectual properties is absolutely a fair move. They don't need the money. I hope they're doing this to show this is fucked up and they do not intend on working with people like that in the future.

As someone who has been fucked up by disingenuous people before (to the point of losing a ton of money, receiving threats and having to go to the police because some assholes thought they were above the law and could do whatever they wanted), I do think contracts are meant to be taken seriously and breaching contracts is a seriously fucked up thing to do. It's distrust.

 

[Deleted-236924]

While this may sound harsh, I believe they're entirely in their rights. People who work in this are under NDAs and other contractual obligations. Sharing private info before the time can in fact lead to property damages, as much of the info can be decontextualised. It's a breach in confidence and nobody wants to work with people like that.

I do hope that don't go after monetary compensation, as that would be incredibly petty and downright ridiculous, but protecting their rights and intellectual properties is absolutely a fair move. They don't need the money. I hope they're doing this to show this is fucked up and they do not intend on working with people like that in the future.

As someone who has been fucked up by disingenuous people before (to the point of losing a ton of money, receiving threats and having to go to the police because some assholes thought they were above the law and could do whatever they wanted), I do think contracts are meant to be taken seriously and breaching contracts is a seriously fucked up thing to do. It's distrust.

If the people in question were under an NDA, that is.

 

[Xzi]

Biggest launch numbers for any game on Switch, and they're suggesting leaks of the very few new Pokemon added in SwSh somehow caused harm? Most of the people seeking out leaks did so due to excitement for the games. This is about as frivolous as lawsuits get.

 

[YukidaruPunch]

If the people in question were under an NDA, that is.

If the leaked images were from a strategy guide, they most probably were. You usually wouldn't get your hands on such a piece of publication of you're not working on it; and if you're working on it, you're probably under an NDA. It's how most things work in this industry as you can't just trust people to have goodwill anymore. This is the internet; stuff leaks like an old pipe.

For instance - I know of some games who are under development that haven't even been announced yet, but that's because I got friends in the industry. I'm not under an NDA, but people who are working on said games are. I'm not going to spill out the beans because I'm not an asshole and that could put some friends of mine in hot water and ruin the publisher's/devs plans of announcing this. I actually could do this and perhaps run away hands-free, as I've got no empirical evidence to back it up and perhaps it could be dismissed as a rumour altogether. However, if I did have photos, and facts, and evidence, it was proof I was much closer involved with the property than I was supposed to be - and it that case, it would probably be a breach of contract, and I'd be in deep trouble. So yeah, there are rules, as there are trade secrets, and this stuff is meant to be taken seriously as it's still a business after all.

 

[IncredulousP]

Reminder that companies like Pokemon Co. are not your friend, they are a money-making machine that hires skilled people to calculate the most efficient and maximized way to take your money. Any chance of them losing money compared to their calculation is backlash from stakeholders, hence why they are taking action. Maybe they knew cutting Pokemon would cause a backlash, and hoped that it would fly under the radar until the initial sales were already final. Surely they cut Pokemon in the first place to save money somewhere. Clearly they lost money because of the leaks, doesn't matter how successful the game still is. Somebody associated with the company is not happy that it wasn't more money they expected to make.

Don't be fooled into believing any company is your friend, or that companies "care" about their fans. Bottom line, it's about the maximized profits.