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this post was submitted on 11 Aug 2023
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Technology
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I hope he sends Nintendo a DMCA takedown.
That would be very entertaining, but anyone who is fanatical enough to make pokemon fan music probably wouldn’t dream of causing their favorite company harm.
Or, more accurately, they aren't prepared for the legal battle that would ensue
Which they would definitely win.
Even if it's based on the existing song, parody and sampling precedent make it clearly free use. However the creator definitely owns copyright on the specific creation.
Even if they would, look what at happened to Bleem. They successfully argued in court that the PS1 emulator they were selling was legal, but Sony kept suing them until Bleem went bankrupt paying legal fees. That was an actual corporation, too. What hope does an individual artist have?
While you have a point, the emulator scene is untested and legally dubious.
There is nothing dubious about copyright infringement. Doing what Sony did would easily be considered abusing the legal system and no judge would stand for it.