So are you saying you’re not making anymore pages of Oversexed Eeveelutions?

I believe he meant he's not posting them on Patreon anymore but he'll still be doing it on sites like fA

Oh good good, that would be a shame to lose out on that great story!

Indeed!

I'll get you what extra support I can man, Bandai is thankfully a lot nicer than Nintendo with regards to the Digimon copyright and have hired doujin artists in the past, so I'm pretty sure you're safe there.

Like I said before; look into subscribestar.

^ This, just tell Nintendo to go fuck themselves, switch to another platform. Don't let them stop you.

That or just give out rewards outside of Patreon, somehow. Hell, look into if posting content through PrimeLeap would work as a decent loophole.


Either way, I hope the internet is spammed with more pokephilia because of their DMCAhammer... let them know the artists won't be backing down ;)

No don't evade, I recommend SubscribeStar because it's more user-friendly and doesn't answer to PayPal. Trying to sidestep the DMCA won't end well, most likely with a full cease and desist order.

Yeah, don't listen to me. I'm not sensible. XD

But at the same time, they've said they're still allowed to post the content to different websites. I don't see the problem with Just posting it on another platform whilst continuing to make it.

"Just tell Nintendo to go fuck themselves"

I'm sorry but this goes to anyone reading the comment section who is blindly going against Nintendo, they had every right to do this. Because it's breaking so many legal things and many of them are the definition of DMCA

You just have to understand.. This is not a case of Nintendo putting down a fan game with no profit, this is Nintendo shutting down someone who was profiting of the IP, by being funded through Patreon and etc, and toping off, making porn, basically.

I'm not saying the artist is bad for that, I'm just saying we all should try to think more rationally and be reasonable instead of blindly hating on Nintendo for something they had every right to do legally to protect their IP.

Thank you. The comments both here and on Patreon have been extremely knee-jerky. It is an unfortunate thing to have happen, but there's no basis for calling making money off an IP through a subscription service fair use. I hope everything turns out well for Kuro.

you are aware of the fair use act, right? and if nintendo tried to get these dmca take down orders from a court in any other country in the world, they would be told to fuck off aswell. nintendo has time and time again proven they care only about money. yet they only like it when they draw it in themselfs, not others promoting it. comics and games made by others always say to support the company that owns pokemon. this ends up drawing more people to nintendo. yet nintendo always gives the middle finger to everyone.

Which "fair use act?" I'm not sure if this would be covered under parody. And they have full legal right to enforce trademarks on their characters. In fact, they could actually go further than this and sue him to stop him from drawing any of their characters, but this action seems to be limited to the use of Paypal/Patreon, which tells me that what they really want is that it's ok for Kuro to draw their characters, but he can't charge money for it, just like you can't take pictures of their characters, put it on t-shirts, and then sell those t-shirts. Fair use does not cover charging money for fan works.

That's pretty standard in the industry, I remember Hasbro went after FenslerFilms (maker of the G.I. Joe parody PSAs) when he started selling G.I.Joe t-shirts (labeled "Mister Body Massage," I wanted one of those shirts). But he didn't have to take down his PSA films, which are still on Youtube.

And do YOU realize that for it to be considered fair use it had to be NON PROFITABLE? As in Kuro could NOT be making ANY money off it? The second you start making money of it, the fair use law ceases to apply

I've no idea where you got that from, but it's wrong.

https://youtu.be/S521VcjhvMA?t=262
4:22 - 5:18

It's not wrong. Well not 100& wrong at least as weather or not he's making money is A determining factor. And in this case i'm 100% convinced that it's THE determining factor as far as Nintendo is conceerned

I'm sure it is, I mentioned that somewhere else here in this spaghetti reply chain. But that doesn't mean it should be a factor or not.

Post a legal document that says the moment a penny is made, that disqualifies something from fair use.

It doesn't and i will admit i was wrong there. But it's still a factor

Are you aware of the fair use act?

Because fair use doesn't apply when profit is involved lmao

Uh, yes it does. You are allowed to profit off of transformative and parody works. You are also allowed to profit off of reviews, critiques etc.

Whether or not porn counts as transformative or fair use is a separate issue.

"Oversexxed Eeveelutions"
Yup, I would call that pretty damn trans formative.
NIntendo doesn't care.
In the words of Kaiba,
Fuck the rules, I have money!

I was specifically addressing the blanket statement that you aren't allowed to profit from fair use. Considering how many reviewers and parody artists make entire careers off fair use, that statement is easily debunked.

There's also a ton of case law to support fair use being allowed to be profited from, whether porn comics are fair use is neither here nor there, and is the job of a court to decide anyhow.

I think a court may be *somewhat* biased against pornography, unfortunately. No matter how good it is.

Info that's very much worth considering.

I don't think nintendo would really care that its ts pokemon in a nsfw context in the conics (as long as its posted as free and someone isn't making any money from the characters/pokemon or ip) which it became an issue when he started to monetize the pokemon character ip in the comics (and he monentized it in a nsfw way,again if it were free and not offered for money it would be considered "fair use") thats how copyright law works,nintendo didn't give him permission to monentize the character in a nsfw way (and i suspect they don't want their pokemon ip associated in a nsfw context while be monentized even with permission due to nintendo being a "family oriented" company and platform.

ahem, so i just got back from work,the above post was made in sfw mode, kuroodod, the above was not meant to be emotionally distressing or in an insensitive way BTW if anyone has interpreted it that way , ( i wanted to clear this up as i didn't have time to delve further into the thinking and format, i was simply looking at it from a legal pov.) when i actually started thinking about creating my PMD:team endgame and the protectors of light story series, i looked into any legal issues i might run into should Nintendo decide that because my story involves Nintendo's Pokemon characters and their IP being portrayed as underage in a story, i decided to only make it somewhat suggestive in the character intros (but not in an overly NSFW way, nor will i ever atempt to monentize the story as i do not want a DMCA complaint or potential lawsuit from Nintendo, so that's why i included the sofurry copyright notice involving requesting permission from me for my RP characters drake shadowflame, aurora solarfang and aurora thunderstrike to be used in stories and artwork from others, and no, i would have said that it can't be monetized like as in patreon, etc, basically, if you wan't to draw them in artwork or make/feature them in a story, it has to be in a non monetized way and released for free) and the rest safe for work. id imagine your not the only one that they have made a DMCA complaint to and which resulted in a patreon suspension. this is actually more common when creating artwork and fan fiction and artwork,whether monetized or not which you don't have the IP rights/copyrights to.

though my own main profile character on sofurry.com is my own OC in an ip sense as i made/designed him myself biography wise, (but the rules for the avatars still stands as they actually were pulled from the web.) so i could technically monetize him as he's only owned by by me as long as only the biography text is used to make a drawing of him or describe/feature him in a story if someone wishes to do this) not nintendo, or any other company/person.

Well, Nintendo has the right of way here. If you try and profit off of someone else's IP you're gonna suffer consequences.
If Nintendo started DMCA-ing free galleries, that's when it's time to tell them to fuck themselves.

I have actually heard Nintendo has been going after other Patreons lately too, although they have ignored the DMCAs, I can't say what will happen to them.

Patreon themselves have also gone after another writer for the things they have posted too (Feral and mating.)

i have to agree with that, swap to subscribe star, they won't choke you out most likely. Well, that or the service Jordan Peterson is going to set up. Mainly, due to financial issues, I would avoid Patreon like the plague. Swap information to another service as cleanly as you can.

also, i am very happy you are:

A: getting support to continue your work

and

B: continuing to work on these artistic pursuits at all, I very much look forward to that cute hung fennec foxy and his adventures. You're awesome hun <3

This sucks :( BUT We are here to support you in whatever the future might bring!

I'll stay a patron, or whatever supporter they call ya on other websites, no matter what. I'm sure you'll make -great- stuff, in the coming months.

Oh god, what a kick in the balls. I hope you can work it out.

Nintendo are fun makers, but also fun killers. Bastards...

You're a great artist and rightfully deserve everything you've achieved to this point.
Best of luck for the future from me

In all fairness he was making money off their IP. In all honesty I wouldn't be surprised if the thought of filing a lawsuit crossed their minds.

I know, I know... But they are fun killers

Overall that's not a full reason. Kuro's stuff might be clear under fair use.

https://fairuse.stanford.edu/overvi...../four-factors/

It's transformative for sure, uses just the characters and nothing else that belongs to Nintendo, and isn't a substitute for the original work so Nintendo isn't losing any money over this. They're just being cunts for the sake of it.

Though like I said, might. I'm not completely sure.

I'd say that using their characters would fall under using their IP. And there's also the fact that while it is transformative he was still making money off it.

Making money off fair use content isn't a determining factor though. Nintendo can DMCA FA accounts if they wanted to. It just seems right now they're going the Economic Denial of Service route to dissuade people from doing it, to make it unsustainable.

Absolutely not Fair Use nor transformative at all except for some of his characters he made like the one he uses on his avatar, but may still have issue if it's still called a Pokemon and a Raichu

Fair use won't save you if you are making money with a company's IP.

Money isn't even the main factor here. Fair Use deals with news, critique, reporting and parody, which porn comics are none of those (No, adding tits to a character doesn't make that a parody)
Making money isn't a big factor so much anymore, but the fact the comic was purely explicit and made so people can fap, I don't think Nintendo would be too happy with that.
For reference Nintendo doesn't take down stuff because people make money, they have taken down a ton of free fan games in the past

While you are correct that money is not a main factor or aspect of determining fair use, it does play a role in it for sure.

In general, Nintendo doesn't usually bother with stuff as long as it doesnt make someone else money nor potentially risks Nintendo losing money. Using patreon to get money and have their IP plastered on it is a red flag for them, and will trigger a response. Aside from that, there is usually more leeway given to someone that is not profiting than someone who is. Those fan games you mention are the latter, risk Nintendo losing money. Those games can cause people to download and play those for free instead of purchasing a game Nintendo made. Not to be confused with pirating. Many of those games also directly used sprites, music, and more which made them much easier to target as there was nothing transformative about that.

Again, I agree money is not THE main factor when it come to Fair Use, but it does play a role overall in getting the attention of Big N.

Money does play a role but it isn't nearly as important as it was before and most of the time it's not even considered. To be technical here fanart is by itself actually illegal by law, free or not, but luckily owners are usually not that dumb and allow fanart to be created. For Pokemon they do have a Legal page giving people a license to draw fanart as long it's for a personal, noncommercial usage.
Money does play a role but it's largely an ethical role and not a lawful one. The three other aspects of Fair Use have a much greater impact

Even if it falls under fair use, unfortunately, fair use is a defense in court, not a free pass. In order to invoke it, an artist has to be sued in the first place.

I am terribly sorry to hear about this kuroodod, and I do hope that things work out for you in the end. However, I do need to ask you something here: Does this mean that you have to cancel your "Oversexed Eeveelutions" comic?

Sounds like it. It was being done for money and now that kuro has to be paid to do something not pokemon related at all, it is likely safe to assume no more Oversexed Eeveelutions. There's a chance we might get more pages, but not many.

That is a real shame, since "Oversexed Eeveelutions" is a fantastic comic overall. Still, I'm 100% certain that whatever kuroodod comes up with next is going to be pretty damn good.

It's sad to see this happen, but kinda expected, considering Nintendo wants to be the sole money maker of their property. If anyone's making money off their property or take money away from said property, they get all DMCA happy.

Too many awesome projects/comics have fallen to the DMCA hammer already.

im surprised someone at nintendo like, actually looked up your pokemon porn just to file a DMCA. thats pretty desperate. also, does that mean the comic won't have a conclusion? or will you quickly wrap it up in a page or two?

I bet some employee was caught jacking off during work.

Didn't realize Nintendo could be so heartless

They did the same thing to Diives not even a few weeks ago. I wanted to warn you but I felt like it wasn't my place to say anything in case they missed you--but I'm sorry this happened.

*sniffles*I-It's okay*sniffles*
T-this is not your fault...

Nintendo are disgusting bastards

How? Nintendo was well within their right to do this. It is their intelectual IP and when its being used to make money, that's a bad thing. Yes it sucks; but they are doing something thats well within their legal rights.

Lol I never replied to this. Were they in the right legally? Yes. Morally? Ehh...

Damnit, I'm sorry. I wasn't the most active in reading them but I enjoyed them nonetheless, this sucks.

v_v7

Except it was Kuro's main source of revenue, likely from not enough time to do lots of different things. So Patreon will have to be redone with some other project now. We will be very lucky if Kuro continues OE.

Yeah that seems like a Nintendo move for sure. Bunch of humorless tossers.

However, I for one am still very interested to see your future work and want to wish you the best of luck ^^

Wait wait nuuuuuu! Oversexed eeveelutions was my all time favorite!

i liked that comic

Some god tier assbaggery by Nintendo here. They may own the creatures, but porn of them is by its nature transformative and thus fair use. ...So PATREON are as big a bunch of cunt munching cuck lords in this as Nintendo are for not standing up to this fresh thundering fuckery...

Porn is not transformative enough and not fair use. You cannot make money off someone else's IP regardless. Doing that not only gets you on Nintendo's radar, but it also weakens a defense of fair use. Porn CAN be protected legally under Parody, but even then it still needs to have enough changes and tread carefully.

For example, the Super Hornio Brothers was protected by parody, but they did not use names, icon, logos, or anything that would be copyright/trademark. They basically have to allude to it in any way without actually using. You cant copyright brothers wearing red and green, so they did that. You cant copyright a princess wearing pink, so they did that. They followed the rules, and so the only way Nintendo could stop them was to buyout the rights to it and cease distribution.

It's funny, they took down that one yet there is a Pokemon porn parody by Wood Rocket that, to my knowledge, was untouched by them. They also changed names except the name "Pokemon"

And is that one 0okemon porn parody monetizing it in some way either by selling access to it or running a patreon for it, or by other means?

I honestly don't know. I think it's being sold on the Wood Rocket site. I think

That's very interesting...Abridged series are transformative enough to be fair use, and they still use the names, characters, logos, basically everything, and stick to the basic story with some changes. Like with Yajirobi and the cat being a gay couple in DBZA, or Nail and Kami living on in Piccolo's mind. Other than shortening things and minor changes, it's far closer to the same thing than drawing your own porn with your own hands and equipment. Granted TFS don't monetize the DBZA videos, but they've made a fair amount of money off of their work in other ways.

When it comes it Fair Use, there are numerous things that play a role. Despite being written out rules, there truly is no clear cut answer because it turns into human interpretation when a judge is asked to enforce. For example, one judge may rule something as fair use while another judge would rule it as infringement. That aside, there are many variables in comparing porn of something to an Abridged of something. I would say the key 3 differences are Company, Money, and Comedy.

Company wise, Nintendo is well known for protecting it's IP and going after anyone making money. Compare that to Akira Toriyama (Bird Studio) who owns Dragon Ball. Akira may not mind it. Distributors might, but they typically only buy the licenses and don't own the Copyright, therefore unable to issue CnD. Keep in mind, just because something like DBZA hasn't been shut down, doesn't mean it's Fair Use. It may mean that the Copyright owner doesn't care or want to waste the resources on it. There's been many times a Copyright holder has thoroughly enjoyed something a fan made.

Money, while technically not a determining factor whether something is infringement or not, does play a role in things. A company is far more likely to use its own resources to issue a Cease & Desist if money is involved, either someone making it or risk of the company losing it. If taken to court, a judge is much more likely to rule infringement when gaining monetarily or reason to believe it could be causing the owning company to lose money. So, while it is infringement regardless of money being involved, it can be the difference between getting slapped with a legal notice or being ignored.

Comedy is the last thing, and a grey area because of personal interpretation. The definition of parody is "an imitation of the style of a particular writer, artist, or genre with deliberate exaggeration for comic effect." In the case of porn.... well it's porn. Yes it can be humorous, but it's still porn. Not gonna go so well in court. DBZA is pretty much entirely done for the comic relief of it. It can be argued the abridged series would not be as funny if it used original characters because part of the comedy is derived by parodying other established characters and making them not behave normally. As a result, that could be on the safe side, but flirting with infringement.

Those are all very good points, for sure. Though the entirety of DBZA got taken down at one point, somewhere in the late fifties of episode count...

I'm honestly not 100% familiar with DBZ and DBZA, so a lot of stuff I have to actively research and look into in order to give a somewhat informed response.

That being said, from articles I am reading, it seems like that take down was a bit different and would kind of fall into the "Other" category. From what I read, it sounds like DBZA was taken down by Youtube acting on behalf of Youtube. No one told Youtube to take it down. I will say that YouTube has done some very silly and stupid things before, so it was likely taken down because...

A. Youtube being stupid, either purposefully or accidentally (silly algorithms)
B. Youtube protecting itself.

Since hosting sites like Youtube, Dropbox, and so forth can become targets of a lawsuit if they do not either remove or try to prevent (within reason) the sharing of Copyright content, they sometimes can get a little over zealous in order to protect themselves. This is also similar to a convention or flea market being susceptible to a lawsuit if they allow the sales or distribution of bootleg stuff without attempting to prevent or stop it.

I had no idea Nintendo was so hard up on money these days.

IT's not about being hard on money, it's about protecting your intellectual property

Another artist had your same problem, he resolved sending to all his patreon a discord where he post his stuff

Except that can lead Patreon to permanently shutting him down.

god...FUCK NINTENDO

Why? They were well within their legal right to do it.

Just as you within your legal right to go 45mph on the highway. That doesn't make you any less of an asshole.

Yikes, dude. That's ate up..! .w.

As much as I understand Nintendo's motives .. They are very inconsistent and this is quite a surprising move from them. I feel for you

Woah... o-o Well, that's awkward. Well, if there's anything you need, I'm here for yah! ^^ As I can only think many others are willing to help out if they need be! It is very unfortunate to hear about that, but hey! I am glad you have an idea to go onward for!

Just when I thought Nintendo's community management and relations couldn't possibly get any lower. Bunch of cunts.

Hello,

I'd highly recommend talking to a copyright lawyer regarding this. Certain activities, like over sexed Eeveelutions likely do fall under copyright as you are using their designs whole sale. However, other items such as your sona likely fall either under fair use or a myriad of other options.

While I'm guessing you don't want to fight this in court or anything, you should definitely defend yourself as much as you can.

Best of luck going forward,

Actually rare to see someone understanding the concepts of transformative and copyrights in general.
You're pretty much spot on. Most of his fan/original characters are transformative and he shouldn't have any issue with them unless he insists at calling them Pokemon and Raichu/Luxray. I'd imaging Pokemon asked to nuke all Pokemon drawings so he did take down his characters. They very likely didn't give an exact list of each picture he should remove so it wouldn't be like Nintendo asked to take them out

I'm a big fan of watching Leonard French on YouTube. I'm by no means an expert, but I know enough to reasonably suggest some things.

You should take this to court. They have no legal right to do this. They have to prove somehow that you caused financial damages to their brand, which they can't and that what you make isn't transformative enough by US copyright and fair use law, which they can't either. This at best counts as parody, which is protected.

That all sounds well and good, but...would you WILLINGLY make a case for pornography in a court of law? Knowing that everyone would see it?

Nintendo has this wonderful thing known as "Fuck You Money" and we'll just be able to and quite simply would be able to just delay and wait out his ability to pay for the legal costs like every other Mega corporation.

Damn man this is terrible, it's your bread and butter
Unfortunately this is the risk when dealing with copyright IP I guess.

But in some weird way, among the thousands and thousands of Pokémon porn artist out there, that they would go after you, is just a testament on how good your Pokémon art is.

That said Nintendo is some petty assholes... Your one dude, and you wouldn't make a dent in thier economic income....
Fuck this is infuriently petty....

thing is if you're profiteering over their IP that's basically stealing what they could do. Doesn't matter to the courts or Nintendo if they would do it. Sorry kuro. No hate. Big F over here for you.

You can still do that though as a protected work. Plenty of people do these things since its a product that doesn't clash with something they produce and takes profits.

An 14 year old child sits at a computer, wondering whether he should buy the new Pokemon Sword and Shield..... or delve into some deep part of the internet, hunt down a suitable porn artist, find their patreon page, pay for patreon, and get access to a porn comic. Yep, definitely hurting Nintendo's profits, no doubt. Not to mention those options are not mutually exclusive.

That isn't how that works. The damages that need to be proved are what products they makes they have lost sells to. You can't make and sell a Pokemon game since Game Freak makes Pokemon games. That is a product Pokemon makes. You can't make and sell Pokemon cards and distribute them in mass because that is a product they make. Pokemon, Game Freak or Nintendo don't make Pokemon porn and sell it so in court, they have to prove that making Pokemon porn is hurting the sales of Pokemon porn that they themselves make. That isn't a product they make so they cant claim damages.

They would also need to prove that making Pokemon porn damages the brands image and no evidence of that exist since this has been happening for decades with many different IPs, including Pokemon without any issues had. This is no difference than paying an artist to draw Pokemon porn.

WTF? It's fanwork, they're not even allowed to do this since it's completely under fair use. - Oh wait, companies give a shit about fair use.

Well, there are alternatives and pretty much ways around this. Don't need to post the pic there, if it's something else like a .rar or a discord things as someone mentioned here.

It's very iffy when you're making money off of it .. Patreon for example

This can't be the problem. Else 90% of Patreon, Etsy, anyone doing commissions on devart, FA, etc. would be wiped now.
There are other way more popular people doing related works.

Diives got hit last month.

People do go through Etsy and file dcma requests. It may not happen quickly, and it may not hit you right away, but it does happen. It's an unspoken rule to never talk about fanart there because other sellers WILL shit on you and tell you that you will get taken down... Because it does happen. :(

The content on etsy that is using nintendo IPs is actually 100% illegal and etsy sellers get shut down every month for it. If it's being sold for money without nintendo's permission and it's not altered enough to be different (and oversexed is not altered enough) it's 100% without a doubt illegal end of fucking story.

These situations are very different

Situation A
Artist: $50 and I'll draw you a commission!
Guy: Ok, here's $50, draw me a Charizard
Artist: Done!

Situation B
Artist: I draw Pokemon! $50 and I'll draw you a pokemon!

Situation C
Artist: I drew some Pokemon! $5 a month and I'll let you see what I drew!

Situation A is not DMCA worthy.

Situation B and C very much are. And this is very close to situation C.

If fan work of another's IP is being made for profit, they have every right to file a DMCA takedown notice. The companies are not in any wrong of doing so.

This does NOT fall under fair use. the characters are not transformative enough and money is involved so fair use is completely out the window

This is pretty screwed up...but nevertheless, you will always have my support Kuro! Hopefully a bounce back from this will be quick.

Unfortunately, Nintendo is required to issue a DMCA when made aware that someone is monetizing their IP or else they relinquish their privitization of it. If the comics were just fan-art, they'd be protected under fair use but the moment money got involved, the whole thing became a time bomb waiting to explode.

I loved the comics and you've gotten a gathering of followers and developed the skills to keep them coming back page after page. The Pokemon phase was a stepping stone to move forwards from and leave behind as you move on to the new phase you choose. Don't let it be an anchor to hold you back. Enjoy the past but keep moving forwards, even if that means leaving things of the past behind.

Best of luck to ya.

this is sad to hear, but at the same time... you're all overreacting
yes I still will support you, Kuro
but at the same time, Nintendo aren't being heartless and its not cause "money" or "business", its copyright
you all shouldn't really be putting this all entirely on them... just be glad he can still make his art
so all of you should just chill the fuck out... jeez

I wholeheartedly agree to this.

Everybody else here are being a bunch of whiny babies...

well I'm glad to see some here agree with me

Thirded here. So tired of seeing these exact reactions every single time Nintendo does this. It's not new, it's not surprising, and it's not wrong of them to do so.

patreon huh? well thats not good if people and companies like nintendo can find them and file a DMCA there this is bad

Why? why is it bad that they are able to do things the law legally allows them to do, shutting down illegal products. I love this dude's work but... it was illegal to monetize it.

yes thats true, im just more saying its bad if they get abit hostile with this since this is everywhere

dang, ninendo has been at this pretty hard, you aren't the only creator having to completely change things up due to this Diives reacently had to create a whole new cast as well, its a shame to see all these great content series taken down cause of this

I'm really sorry to hear this, it must be terrifying to lose a source of income like that. I hope you can find yourself back on your feet soon–I'm sure you will with the amount of support you're having here. Everything will be okay.

I feel like Patreon has been really going downhill recently with a lot of very poor decisions on their part and the amount of DMCAs it's been getting hit with.

It's a harsh reality but you can't make money out of someone else's work. I'm sorry it happened in this day. Nevertheless, your work is pretty enjoyable to watch and you have my support. Wish you the best of luck as I hope you bounce back after all of this.

This is war!

So they killed OSE just as it was getting interesting, huh? They do that shit to fangames, too, even though nobody profits from those.

Nintendo will be Nintendo.

this seems odd to me. I've heard of Nintendo issuing DMCA's to fan games, but not artists. do read it over thoroughly (i'd like to read it if possible) incase it is a fake DMCA, because I have heard of that happening.

Wow... a vast majority of the comments here... all are just plainly... ugh... you guys just completely disgust me cause of whining over of not understanding the meaning of "copyright" AND "fair use."

Plainly, Nintendo has every right to file a DMCA takedown notice. You should NOT be hating on them, just because of them protecting their IPs. Which makes perfect sense. If it was done for Fair share use AND not for profit, them the comic would still be there. But since our artist was making money off of their IPs, they had to do a DMCA takedown. Which makes perfect sense and is considered, fair reasoning.

^^^^

I wish there was a like button for comments. Cheers.

Thanks.

Just because you can do it doesn't mean you should

yes they do, that's the point of it... that's just how things are, you just have to make sure you're not doing copyright or else this is the stuff that happens
they have a very good reason for doing that stuff so don't put it against them for protecting what's theirs

this is unrelated from this, but obviously this copyright stuff happens between people and other artists
its all bout protecting what's theirs and what they made

They have EVERY RIGHT to do it. If I had to have my IPs (If I had any) to be rightfully protected under terms of law, I WOULD have to do a DMCA takedown notice. If it was for fair use AND for non-profit, I'd let it slide as long as it being credited to the original creator or artist.


That's the true meaning of what copyright stands for.

Did you not even read my comment. I'm not saying they can't DMCA, but they shouldn't.

The whole "It's fine if it's legal" argument is not a good one. Yes, Nintendo are legally allowed to do this, but I'm legally allowed to smoke cigarettes. I mean, I'll be causing long term damage to my body and die horribly, but it's legal, so it's fine. Casinos are legally allowed to make slot machines addictive. So what if they're profiting off of causing addiction and ruining peoples lives, they have a legal right to do it, so it's all fine.

Legal right isn't morally right

Are you not reading either? They're very clearly explaining why "they can but shouldn't" is wrong.

So you're saying that ruining someone's livelihood is right morally as long it's right legally? Kuro clearly wasn't doing any harm. Nothing would've changed if Nintendo let him be.

Problem is conflict of "morally" and "legally" wrong. You say it's morally wrong to ruin someone's livelihood over this, but it was legally wrong for them to make that livelihood off of someone else's creation to begin with. One could argue it was unethical for them to do that to begin with.

That aside, It is also arguable whether or not Kuro was doing any harm. Eevee and pokemon are supposed to be family friendly and safe for children. Sex and mating and such are not exactly "safe for children". It can be reasoned that porn is detrimental and damaging to that reputation. If that reputation gets damaged, it could potentially devalue it. Now, of course it's highly unlikely that Kuro alone could do that, but if the comic were to start showing up in Google/Bing searches for stuff like "Let's Go Eevee" due to its popularity... well.... there ya go.

Hey, I don't care if you are in agreement with my stance on this whole thing... that kind of behavior and name calling is really unnecessary.

To a certain extent, if they're protecting their trademarks, then... yeah, they actually have to.
Trademarks are only valid as long as the trademark holder vigorously defends them. If you allow everyone to use the trademark, then you lose the trademark.

Doesn't Nintendo own like a fraction of Pokemon though? I don't know if that helps my point, but shouldn't that be a factor?

I believe they own all of the North American distribution rights. I'm not sure how much they own in Japan, but this is probably a Nintendo America action, which is surprisingly independent from the mother corporation. My recollection is that people generally have good impressions of Nintendo, but not Nintendo of America.

I believe that this whole thing happened because Nintendo got caught up in a "scandal" on Twitter where a politician (former Trump aid Sebastian Gorka) saw a parody Nintendo account that claimed that Nintendo, to celebrate pride month, announced that Mario and Luigi were in a gay relationship (with delightful cartoon artwork illustrating this). Well, this d-bag naturally thought this was real and not a hoax and went on the warpath, drawing a lot of attention to it. Smarting after being stung by this, Nintendo seems to have taken some of the more high-profile parodies, or at least the money-making ones, and sent cease and desists.

If I'm right, most of this shit is due to one of their lawyers (Michael Bales, I think) being far too trigger happy.

Why shouldn't they? I see no reason not to shut down a large scale monetized porn comic that directly profits off their creations without their permission. Objectively atleast.

^THIS! Thank you. People need to stop putting all the blame on Nintendo. They have a right to protect their characters and creations, and since Oversexed Eeveelutions characters were not visually transformative from the actual Eevee(lution)s, AND money was being made off this comic, I don't see the "evil" in Nintendo responding to this.
That said I do feel bad for Kuro and hope he can recover.

Thank you.

There is a shit-ton of misinformation about "fair use" here in the comments of this journal.

I can tell.

In fact there's even more of those here, that just plainly suffer in the IQ department.

I guess the big takeaway here is:
Don't take legal advice from the comments section of a FurAffinity journal. :-D

Touché

Good comment.

Thanks.

Hey man, this super sucks. My heart goes out to ya. Don't let this dampen your creative spirits though - I know you'll find ways to keep doing what you love <3

That's just fucking dump as fuck!
Why ONLY you got a Coyright Issues and not everyone else like the one person who makes Pokemon Scat pictures on patreon or erafarty?
Just stupid!

It appears only 4 creators were hit so far, the main thing in common was highly retweeted posts on twitter with patreon links in them.

Which creators?

Manyakis, Diives, Kuro, and Urbanatorsfm

It usually comes down to "did someone complain to them?" and "did this become high-profile enough that it got put on their radar?" Maybe they don't know about the Pokemon scat pictures. I certainly didn't, but I've seen Kuroodod's pictures referenced here and there all over the place. I don't think they're going on a crusade looking for every possible offender, they see both accounts, and decide "eh, we'll send a C&D to this Kuroodod fellow, but not to ScatMaster69 or whatever."

Damn,this sucks to hear dude. I kinda hope that OSE can still continue,even if it is at a much slower pace and not on the Patreon feed. Also,another way is possibly bypass this by using a Discord server instead of the Patreon feed for posting Pokemon stuff. Whatever way you decide to go though,still gonna keep supporting ya.

To be fair, while yes I do love Kurodood's Oversexed Eeveelutions comic, it probably wasn't a good idea to monetize it on Patreon considering that this is Nintendo's IP. They can be very protective of their franchise. Though they probably only targetted the Oversexed Eeveelutions comic because the characters were far too similar to the original Pokemon designs. There were no original designs used in Oversexed Eeveelutions.

Looking forward, I think it would be a good idea to warn other pokeporn artists about this too, because they could end up getting hit with a takedown if they are profiting from it on Patreon. Perhaps taking commissions on FA, SoFurry, Inkbunny, or other furry artsites, to draw Pokeporn might be safe, but putting it on Patreon is quite risky.

Another good idea would be to use original designs. Perhaps anyone can still use the species, but they still need to make their own design. Maybe a hybrid of two Pokemon could work.

Sorry for the wall of text.

Hey duder, this sucks. Sorry that this came down on you. Keep keeping on and making your own art!

I really hope there's a way to salvage or at least adequately conclude OSE if it can't be continued. It's among the best erotic comics on the internet.

oofie ouch, that must really suck

I am truly sorry to see this happen to anyone. I wish you all the best in your future projects.

Damn, I'm sorry to hear, was loving oversexed eeveelutions comic

Damn..... You could host your comic in a private Discord server and only invite the appropriate Patrons?

We need to warn all pokemon artists about this

=.=
why... they should know the consequences so don't bother cause they'll already know bout this

You're being an asshole. people just lost and are most likely gonna lose more of what they love here i fully get what's happened is within nintendos legal right, but let people go througn the greif about this loss before giving them a dose of reality, it'll only just throw fuel onto the fire which is what you're doing

you're just a dumbass then, there's copyright for a reason, and artists should know the consequences
I sure as hell do, I'd try my best to avoid them, if I get em, I'd understand rather than complaining cause its a law
I personally would hate it if it goes too far, but it ain't so just understand the point of this before you complain cause then it'll make more arguments
I'm not being an ass, I just know the consequences and they should too, if not, then its their fault for not knowing them

Wow... Low IQ level achieved...

Just ignore those two, they're being unsympathetic assholes, who think people complaining about unreasonable law is somehow "Low IQ" or whatever.

You seem neat, have a good day.

Thanks mate.
Silver blocked me instantly after commenting that anyways so he's a coward.
And have a good day too you're also nice

He's got me blocked too, heh.

I'd just wrote up a multi-paragraph response to him pointing out that while he's flinging out accusations of 'misinformation' and calling people low IQ, I've actually done research and so far posted in this thread a document from Stanford University discussing fair use laws, and a video except of Julie Ahrens, Associate Director of the Fair Use Project. Meanwhile he's posted...nothing.

And here's another thing I linked in the now gone comment, some case law where a sexually explicit parody was classed as fair use:
https://en.wikipedia.org/wiki/Pills.....ay_Productions

I am willing to concede that I'm not absolutely sure that Kuro's stuff would be labelled as fair use - after all, the example above was classed as fair use because it was 'editorial or social commentary' which I don't think Kuro's stuff is. But if it is fair use, Kuro's content is certainly protected, monetised or not.

I guess that flinging ad-hominems and blocking people like a little coward is easier than actually refuting the opposing argument with evidence...refutation? What's that?

All from the one calling others 'low IQ', of course. No space in this thread for that big dragon brain of his.

Hmm interesting thing you found. And yeah Silver hasn't contributed anything to the discussion here.

Researches and formulates opinion based on credited reliable sources

- 'You're all dumb and wrong!'

You appear to be on legendary_silver's block list.
Your journal comment reply was not added.

Coward behavior right there on his part

*video excerpt

How the fuck is it "unreasonable" to protect your own intellectual property and stop people from making money of it? Do you even brain? Put yourself in Nintendo's shoes, imagine someone took something you made and started making money off it. Wouldn't you issue DMCA claims to get them to stop too? Nintendo may be in the wrong for a lot of things but in this case they aren't

I highly agree.

Oh that poor large scale mega-corporation T_T If only somebody would think of the megacorporations!

Yes the mega-corporations who actually have the law on their side and are not acting out of pettiness like when they shut down non profit fan games but are actually trying to protect the intellectual property that they built, one that is, arguably, their most successful one


Get yourself off the hate bandwagon for just one second and get your head out of your rear end too. Just because they are a mega coorp and have tons of money is no reason to go against the law just to be a dick to them. It doesn't matter how much money they have or don't have, the law s the law and everyone has to follow it

I'm not hating on Nintendo, I'm hating on the law. I think Copyright law is very overreaching in many instances, and I personally think this is one of those instances.

"It's the law" is a shitty justification for anything, really. It doesn't hold up to any kind of moral scrutiny. Nobody likes a bootlicker, outside of people who want to exploit you.

How is it wrong for someone to want to protect their intellectual property? And morals? Was it not also morally wrong for Kuro to have used the Pokemon, not making any changes to them(or barely any changes other than giving them genitals) AND charge money for it without Nintendo's express permission?

Nope.

Yes, instead of correcting problems ahead of time, let them go to easily-avoided litigation. You're a nice person.

its called Digital Millennium Copyright Act for a reason
I don't like how you're being rude when its reality, you just need to know what to expect from things like this, it'd be your fault if you don't and it then happens to you

So instead of informing somebody who is ignorant, leave them to their fate?

now you're being an ass for saying that people would be ignorant
they should know, if not, like I said, its their fault for not knowing it

And if they don't know, don't inform them?

pretty much, cause they should've already known about it before they even started making art
they even teach that in schools and stuff, so how would someone not know... idk how but if so then its their fault for not knowing bout the consqueses

Are you familiar with the idea of a self-taught artist? We're not Pol Pot, people are allowed to learn and teach. If somebody is unaware of something that will cause them grief and hardship, it is only natural to make efforts to prevent that. Human nature is to minimise suffering, to prevent issues that are preventable; 'tis the basis of empathy.

They're trying to stirr up trouble and drama legendary silver just blocked me just after an insult directed at me so they're not here for an intellectual debate. And anyways this will affect them too after nintendo decides to go on a full copyright crusade.

I'm not being dumb bout this
I'm being serious, not wanting to really cause more issues, but if Nintendo start going to far, then they will definitely get lawsuits put against em and it'll they'll then get karma for going too far
so just calm the fuck down

It's not me who is replying to people attempting to help people telling them to not do so. I think you're not the calm one here because you went out of your way to start this. Not me, you

so I can't say anything?
just mind your business and let law do its thing, if it goes bad then it'll definitely backfire them and hit Nintendo back hard
so I am calm, you're all just overreacting

Or we could avoid needing get legal anything involved to begin with, just saying.

I agree with that... but Nintendo started letting the bullets fly and if it keeps up and gets worse, those bullets are gonna come flying back

Why let them hit anyone to begin with if we can avoid it?

cause Nintendo started it...

This "overreaction" isn't unprecedented with Nintendo's reputation when it comes to most Fan content. Trying to help others from suffering a similar fate is only a natural response to this. And it is a calm reaction because we know whats coming unlike last time big stuff like the Nintendo copyright scandal on youtube happened and you seem to want it all to go wrong for everone because you see the law as absolute. Some laws are wrong or overbearing and people fighting against them is the only reason the United States and by extension the Millenium copyright act exists.

that's not being calm at all, and no I definitely do not want it getting worse
but if it does, Nintendo will end up getting what they deserve from doing this if it does get out of hand
and I'm saying the truth that it'd be their fault for not knowing what that is

In response to your own comment you had stated a course of action that is considered an asshole move. Not helping others when they could befall the same fate as others around them it is a move i consider assholish

more like you started it out of the blue
its the truth so don't complain

Coward i see you blocked me. You took issue with my observation, you took it to this point. And thus with you leaving the intellectual arena i win this argument by default.

There is nothing to warn people about. There is no reason to go running around sounding the alarm saying the "Nintendo Coats are coming! The Nintendo Coats are coming!"

This is not new. This is not surprising. Every single person out there that chooses to make artwork based on anything they did not create knows there is an inherent risk of doing such. If they aren't aware of that, then that's on them. Most anyone here on FA is fine. Notice in THIS very journal, Kuro said "I'm allowed to post this content to furry websites including Inkbunny, Furaffinity and others". Not a take down on FA. Not a take down on IB. The Patreon was the only thing, and the only thing Nintendo was interested in cause it was a source of revenue utilizing Nintendo's IPs.

Your response and desire to run around warning people is highly a knee jerk overreaction in every way. As for that other person blocking you, I think they had every reason to given that you called them an asshole rather unprovoked.

You're the one that called them an "Asshole" out of the blue and rather unprovoked. That seems like anything but calm to me.

He was attempting to dissuade not just me but others who would read his comment from using prevention tactics to stop the same fate from befalling others. That would be considered an asshole move wouldn't it?

What's really funny is they seem to know that principle : When an artist in the fandom here sees someone drew their character without permission, they tend to flip out and demand the art to be taken down quoting how they have full ownership of the character. However for some reason that doesn't apply to artists drawing characters they do now own from games and other media for monetary gain

I'm so happy I'm not the only one who has noticed that.

cause some care and some don't... ain't it obvious?

Well, I hope we do get to see the end of the comic, but this is to be expected. Nintendo doesn't care if you make it, so long as you don't make money off it. But I'll add, as much of a fan of Nintendo as I am, I'll say GOD DAMN IT NINTENDO!

Might sound like a bad idea but you could use the Shinies thing that was implemented to fund stuff, just when people give money through shinies, tell them to put a hashtag on something they want to specifically support.

Idk, just an idea that came to mind.

This made me sad just reading it but I really hope you can bounce back from this. I know that me and a lot of your fans will still support you, I may have not gotten the chance to pledge the highest tier cause I didn't want to go that far in wanting to support you cause a lot of us love you and you work. I hope that the OSE styled rewards becomes an option for your commissions cause I know a lot of us would pay above and beyond for it cause we wanna show how much we care about you.

Haven't others gotten around similar by simply turning patron into a full on "support the artist" page? Effectively removing any signs of the offending material from patron proper (banners, image posts, etc.) But still maintaining regular postings elsewhere of the content? I.e. paying you to be an artist, rather than paying you to draw OSE specifically

That does obviously require reworking incentives still (can't promise early access on patron when you can't post the art there) but it does comply with the DMCA. Would just hate for you to scrap everything you've already worked on.

It's very iffy. The second Patreon discovers that the person getting the money draws porn, even on a different site, they go on the attack. in this case they already know Kuro draws porn and don't want to be associated with it in any single way possible. It's happened to other artists as well

damn :< well that sucks dude...Nintendo's always looking for things to strike down tho, sad it happened to you ;-;

Yikes. I'm impressed. Your porn was so quality that Nintendo took legal action. Will always be here to support you, I'm sure you'll get through this.

Is the DMCA legit? And not someone simply impersonating Nintendo? (which is something I remember happening before)

wait for real?!
that's happened before?

yes it has

that's why I want to see the DMCA and read over it

I find that unbelievable how someone could impersonate Nintendo

Sorry for coming out of nowhere but when I was reading all the comments, stopping to this area, I seen this vid earlier related about the impersonation situation. https://www.youtube.com/watch?v=m_gnwn535eM

Yes, it has occurred previously. I believe it was about 3 years ago that someone was going after fan games and mods. I don't recall exactly what happened, but the notice was sloppy and had many typing errors, including the spelling of Nintendo. This caused some to begin questioning the legitimacy of the take down.

sadly it has happened before

This is actually unbelievable.. I can't imagine the stress you must be under and I'm sorry you're going through all of this.

Please know we all support you for you and not just the artwork you create. Make sure you take care of yourself before anything and hopefully you can find something to work on instead of Pokemon. I'm actually super disheartened by this though, I can only imagine what other artists Nintendo has gone for already and who else they plan to strike.

Love you, Kuro!

Not a lawyer, but pretty sure they're required to send an NDA even if they have no intent of stopping you? But yeah it's likely because you're making money off their 'characters'.
Sucks to hear, sorry for you

was enjoying this series. :/

'however I'm allowed to post this content to furry websites including Inkbunny, Furaffinity and others'
Honestly sounds like it could've been a lot worse, especially since it (assumedly) only affects your Patreon.
The fact you'll most likely stop OSE really sucks but I think it'll help you move onto the next step - making a new IP with original content. There's already so much Pokemon art out there, you know?
Honestly looking forward to seeing what you might come up with.

just when I was about to add you on Patreon.
Hope you can fix this soon.

Is there any chance I could get a look at that paperwork? This is... really frustrating to consider and I'd like to know the details and try to figure out how this happened.

How do you think this happened? Someone either ratted him out or he got so big that Nintendo got wind of it. And since he's making money off it they were within their right to file a DMC. Ther's no big mystery here

If I'd wanted a response from some rando cunt I'd have asked for it, thanks. No one here wants your opinion, plz die.

Hun, you have all of our absolute support in this!! <:0

Avoid Digimon and leave nothing to chance. I'm rather hyped to see a pure oc based comic/art from you.

Man it's ashamed Nintendo has to be so rude.

I'm shocked Nintendo even bothered.. I mean yes you were selling access to high quality versions of a Pokemon comic without their concent of using their IP, but it was porn. And Pokemon Porn hath existed for a long long time, and it ain't gone nowhere and it ain't going nowhere. I always assume they distanced themselves from the porn, even if it was making money.

Yes, this random porn artist on the internet will ruin sales of the BRAND NEW AND (hardly) IMPROVED SWORD AND SHIELD!!!!11!!! THEY MUST BE DESTROYED!

But seriously, the reason copyright exists is not for this. It's a police officer shooting an unarmed child.

Unfortunately companies are considered people too.

It's always risky creating art based off other's creations regardless who it may be, especially for profit. While they do have the right to protect their property, it still hurts when others are affected by it...
I'm sorry this happened to you, Kuro, and I hope you can recover from this well. You don't deserve to lose everything because of this.

-hugs tight- sucks this is happening but you have all of our support ^=^

I wouldn't be surprised if this wasn't Nintendo and just some random dude trying to take down Patreon pages. Another artist's Patreon that I follow has also been hit with the same "Nintendo DMCA" but I took a look at Patreon's takedown system and it is very easy to abuse. You can literally copy-paste Nintendo's info, lawyer's name, the DMCA text, etc and that's it. I hope that Patreon's staff is actually confirming the information instead of just accepting it from face value.

Seeing how horribly inept Patreon's staff seems to be at times, this wouldn't surprise me one bit.

So... Exactly what is going to happen to Oversexed Eeveelutions now, and your other comics? Will they be cancelled, or will you just... I don't know, keep doing them and just post them here, I guess? Also... while I do not know much about copyright laws, I think that since Oversexed Eeveelutions is a pornographic PARODY of Pokémon, it should fall under fair use. I think you should take this court, to try to sort it out, as many other people are telling you to do.

Yeah good luck to him against the big boi Nintendo lawyers :/ It would be an act of futility. How would anyone be able to affectively win a lawsuit against Nintendo especially when the case is that he's still profitting off the Nintendo IP? Yes it can be called parody, but that still doesn't change the fact it's Nintendo based and he's making money off of Nintendo's designs.

¯\_(ツ)_/¯

Patreon is rapidly becoming garbage and treating its users like basic income, as well as killing its userbase off like Tumblr. Check out https://www.subscribestar.com/?sref=7z2v and other newer services!

Really don't want to see your eevee comics end ;;

Why the hell is Patreon at fault? If they ignored that DMCA claim, Nintendo would have every right to sue Patreon and have them shut down.

People just like siding with the victim even when the act was perfectly justified. Still a shame this happened though. I love Kuro's work

It's just stupid how people say Patreon should ignore DMCAs despite that being illegal, yet these are the same people turn around and refuse/cancel support for content creators just for using Patreon.

Where did I say Patreon was at fault? No, you shouldn't ignore a DMCA. If Nintendo is the one filing the complaint, that means Patreon isn't in the wrong in this case and is simply following proper legal procedures, as I'd expect of anyone. There are many other things that Patreon has been doing lately that are making things harder for content creators.

I will continue to support people on Patreon regardless, because I enjoy their content and want to encourage it. If there was a better option, I'd use it, but I'm not going to cut funding to my favorite artists just because I don't agree with the website they choose to use. Patreon's policies affect the creators more than the patrons anyway.

Please don't twist my words for your personal opinions.

Apologies, but it made it seem like you were blaming Patreon for this happening

It seems more like a misunderstanding/misinterpretation of your words since you explicitly said, and I quote, "Patreon is rapidly becoming garbage and treating its users like basic income." With you calling Patreon trash, it's not difficult to assume you're placing blame on them.

We're all here to support you. Best of luck!

I can't really say I'm surprised since all these comics have been a breach of copyright law, but it's still sad to know you can't receive anymore support for these comics. It was only a matter of time for a legal dispute to arise, but I'm glad you at least got as much support as you did while it lasted. You're an amazing artist and I absolutely loved seeing your work unfold. I doubt this spells the end of OSE especially so close to the end, but I pray your future works will be just as amazing and will be even more than enough to support you

Well, since you're allowed to continue your Pokemon work on non-profit websites, just make sure you clear out any signs that your work was being supported by Patreon. But, also make it clear that you'll keep the projects going alongside any original projects you'll be starting up. If people know you'll be keeping the projects going, they'll stay as your patrons, but they won't be staying for your Pokemon comics because they're no longer supported by Patreon. When the big man comes to ruin your fun, you gotta find different ways to keep having the same fun.

I've read about a few artists who are freely continuing the same work that they had to stop making on Patreon by simply announcing the work would be unsupported. It's a loophole you can try here.

F

F

Dang sorry to hear that. But we're all by your side

I mean, as this is really sad news. The warnings were already shown when Diives got slammed by Nintendo too. At this point I think no one is safe.

Stay strong though. It's a damn shame Nintendo are such fun killers. It's their ip, so they can do whatever they want. Still sucks though.

Kuro, have you considered using Subscribstar? Its a legit site with a lot of features like patreon, I think moving there would be a good idea.

This is what you get for trying to sell stuff who's rights you don't own. You brought this on yourself, no one else

lol, says the person who uses a Sonic fan character as their sona.

Am i making money off my sona? Am i selling drawings of my fan character or otherwise turning a profit from it? No, no i am not. I really don't understand why you'd equate both cases as theyare COMPLETELY different

Remember though, to Profit is to Gain. Profit isn't only money.
When you upload a picture for Views, Comments, Favorites, or Watches, and you get them, then you have profited.

Uhhhhhhh...no. The definition of profit is a FINANCIAL gain specifically. Views,comments, favs or watches don't get me anything of actual value so i don't PROFIT from nay of that whatsoever. If that was the case, then sites like IB and FA wouldn't be allowed to exist period

Hm, I'm not sure I understand your reasoning.
A quick google search of "Profit" shows 2 definitions:

1. A financial gain, especially the difference between the amount earned and the amount spent in buying, operating, or producing something.
"pretax profits"

2. Advantage; benefit.
"there's no profit in screaming at referees from the bench"

Both are correct, and the second one is what I am referring to. Obviously you can't make money from screaming at a referee, so profit must mean benefit in that situation.

The Views/Faves/Comments/Etc don't have to get you anything. If your goal is to get the Views/Faves/Comments/Etc, and you're successful, you have benefited, therefore profited.

And FA is allowed to exist for all art, it isn't strictly a hub for fanart.

agreed

And i don't understand yours either. Why come after me when i have a Sonic fan character that's not making any money as i'm not selling art nor am i causing others to gain money off it(As in comissions, all art i have was given to me for free) and comparing it to Kuro who IS making money off the comic? Not to mntion my character IS protected under fair use as it's a transformative work. It doesn't resemble any Sonic character that exists or that Sega created. However in thee case of OSE, all the characters are just Pokemon with no changes made to them, therefor aren't protected by fair use. That combined with the fact that Kuro was(and probably still is) making money off the comic makes the two cases completely different

lol, I just found your first comment to be rather hypocritical for you to lambast Kuro for doing something you're also doing.

And it was also unnecessary, most artists are aware of the risks of using other people's IP for profit, and Kuro was no different. He was aware that Nintendo most likely wouldn't approve of his use of their characters. This journal wasn't him announcing his surprise it happened, just that it finally did happen. And he's not letting it get him down, he's respecting Nintendo's complaint and moving on.
So pointing out that it was nobody's fault but his own sorta seemed like you were trying to kick him while he was down.

"lambast Kuro for doing something you're also doing." And yet again i need to remind you that min and Kuro's cases are DIFFERENT as i'm not getting ANY monetary profit from my sona AND my sona is transformative enough to be regarded under fair use, something that OSE isn't. Again, i don't understand your need to come after me when the cases are completely different. And while it might seem like i was attacking him, i wasn't. Fat is, Kuro still has the comic for sale on another site, inkedfur i believe it is, which makes me think he kind of missed the point of why Nintendo did this. It's not cause he's using Patreon, it's cause he's selling something that doesn't belong to him and to which he doesn't hold the rights to

Because you seem to be hung up on the money part. Again, getting money isn't the only way to profit.

But getting money IS the issue here. Or have you not understood that yet? If Kuro was not making money off the comic, Nintendo would NOT give a shit about it. Why do you think he's allowed to post his work to non profit sites but not to Patreon?

Well, you can profit on FA, it's not a Non-Profit Website. Most websites seek to profit in some way.

I'll be probably drown in comment but hey, I put my stone here. I love Oversexed Eeveelutions, and I'm following it since a long time. I hope from the bottom of my heart you will continue it, and find alternative to patreon for the comic or any pokemon related stuff, and eventually keep patreon for regular non copyrighted stuff, despite this plateform is becoming shittier as time goes by. IDK what's happening with nintendo, they're becoming more in more assholes with their stuff, and just kill step by step all their fanbase. But hey, they're shoot a bullet in their foot with this. Sadly however, you're not the only artist touched by this massive patreon bans. Other pkmn related artist have been touched too. I can only wish best of luck to you with this dude. Keep up the good work, and don't let this shit to put you on your knees.

Damn that outright fucking sucks.

I hope OSE does continue somehow, even at a slower pace or something. If not, then major RIP to the furry community then, the comic served us well the past 3 years.

Eventually people are gonna get tired of this copyright bullshit

We already are

Well I hope someone will step up and do something about it instead of sitting and watching

Sadly, no one can really do anything about it, since Nintendo is a huge corporation and spends out the ass for the best lawyers they can get.

To do something about it all you have to do is make your own IP and use that.

I'm gonna be real with you.

Are you sure the DMCA is real? Also don't you live in the USA? You should be safe under US copyright law. If they can DMCA you then why haven't people who make thousands like Zonk punch have been fine? Perhaps you should check stuff out

To anywho are spouting hate on Nintendo because of this, all of you are boarding a hate train for something that Nintendo had Withing their legal right to do

Its their IP and they are free to do shut down anything that makes money off their content. Does it suck and make them look bad? Yes it does. It really fucking does. I still haven't forgiven them for what they did to the Metroid Fan Game, AM2R. But like it or not; this is something they as a company need to do for their IPs. Its not a matter of money but a matter of protection.

They are still stupid for doing it; but don't start an angry mob because of it.

I wholeheartedly agree to this.

The problem, that being said, is mostly on Nintendo of Japan. While Nintendo of America is more open with copyright; Nintendo of Japan is not. They are the ones who are the more overprotective with their copyrights. Copyright laws in Japan are about as fucked as you can get. If people want Nintendo to stop doing this; those laws need to change.

Doubt laws in Japan will change anytime soon. If there's on thing i know about Japan is that they are VERY set in their ways, especially the older folk and flat out REFUSE to change even the smallest bits

I understand that maybe all the normal pokemon might be involved and have to be removed, but why the hybrid of your sona? technically it is your creation and you created that yourself and what not and so that shouldnt be effected since they do not own that species in their own right since you made it? kinda bad that it ALL has to go and seems a bit far, but maybe Nintendo noticed how big and how much you were earning and thats why they stepped in

I'm so sorry this happened to you. I hope you'll make it out of this DMCA.