'Nobody likes to sue fans', says former Pokémon Company top lawyer

John Elden Ring

The Thread Maker
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5 Jul 2022
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Don McGowan, who previously worked as the main lawyer for The Pokémon Company, commented that "nobody likes to sue fans", and they only try to bring down projects when they are receiving funding.

LP: Before we wrap up, as a games journalist who has covered the scene extensively, this is something I've always wondered and have never got the chance to ask: how does The Pokémon Company handle Cease & Desist letters with regards to fan projects? How did you find them, and where did you draw the line on what's allowed and what the company thinks needs to be shut down?

DM: Short answer: thanks to you folks. I would be sitting in my office minding my own business when someone from the company would send me a link to a news article, or I would stumble across it myself. I teach Entertainment Law at the University of Washington and say this to my students: the worst thing on earth is when your "fan" project gets press, because now I know about you.

LP: Oh. Oh no.

DM: But that's not the end of the equation. You don't send a takedown right away. You wait to see if they get funded (for a Kickstarter or similar); if they get funded then that's when you engage. No one likes suing fans.

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