You know, I'm not one to be a stickler but... [Umbreon Fur]

[Niko Narshe]

Doechi

iTsunayoshi Sawada

Foxtrot Fallout

Nintendo is very strict when it comes to their brand name, characters and creations. If they found out, they'd probably ask for it to be changed or taken down. I doubt they'd sue but they'd probably ask for something to be done about it.

I'm sure Gaia could get a license, granted they'd have to pay a good sum and go through all the legal hoops to get it, but it can be done. I don't think they will anytime soon though.

Pffft, like Gaia'd actually spend money on trying to get a license with Nintendo to use their products. *rofl*

It'd be a shame if the item had to be taken down, but then again, it kinda falls on Gaia's shoulders for giving it the okay in the first place without making a few changes. Changes wouldn't be so bad though. It's a small price to pay to be able to keep the item if things get messy.

Sweeter than candy on a stick,

Huckleberry, cherry, or lime

I wouldn't so much call it a "small price" due to there most undoubtedly being backlash as well as them having to refund the 99gc to everyone that bought it; I personally don't see how this is such a big deal and I doubt nintendo will even care.

If you have a choice he'd be your pick

But Lollipop is mine

Claiming Nintendo will not even care is also saying that if Gaia does a whole collection of X(Pokemon) series and make thousands of dollars over it, Nintendo will just say,"Oh it's whatever."

This is a big deal because you aren't even making the item a parody or slightly altered from a series.

-Xumbreon is not original. It sounds like a 13yr old named it.
-The colors used are 100% exact to Umbreon.
-Gaia is not sponsoring Nintendo or Pokemon anywhere and so this is a copyright of the character.

Gaia has been getting away with this,"Lets walk a tightrope and see what we can get away with."
and I will laugh with when this game they play finally blows up in their face.

[Bunnycakie]

Creeped

Thief of Narshe

The name itself was like a kid created it.

"Oh man I love Umbreon so much so I want my gaia avatar to be it so just slap X in front and no one will notice. Xumbreon."

Well it was designed by a user so yeah that is probably exactly right xD

"I want a shiny Umbreon."
Yeah, totally designed by the user.

[Creeped]

Thief of Narshe

Doechi

iTsunayoshi Sawada

Foxtrot Fallout

Nintendo is very strict when it comes to their brand name, characters and creations. If they found out, they'd probably ask for it to be changed or taken down. I doubt they'd sue but they'd probably ask for something to be done about it.

I'm sure Gaia could get a license, granted they'd have to pay a good sum and go through all the legal hoops to get it, but it can be done. I don't think they will anytime soon though.

Pffft, like Gaia'd actually spend money on trying to get a license with Nintendo to use their products. *rofl*

It'd be a shame if the item had to be taken down, but then again, it kinda falls on Gaia's shoulders for giving it the okay in the first place without making a few changes. Changes wouldn't be so bad though. It's a small price to pay to be able to keep the item if things get messy.

Sweeter than candy on a stick,

Huckleberry, cherry, or lime

I wouldn't so much call it a "small price" due to there most undoubtedly being backlash as well as them having to refund the 99gc to everyone that bought it; I personally don't see how this is such a big deal and I doubt nintendo will even care.

If you have a choice he'd be your pick

But Lollipop is mine

Claiming Nintendo will not even care is also saying that if Gaia does a whole collection of X(Pokemon) series and make thousands of dollars over it, Nintendo will just say,"Oh it's whatever."

This is a big deal because you aren't even making the item a parody or slightly altered from a series.

-Xumbreon is not original. It sounds like a 13yr old named it.
-The colors used are 100% exact to Umbreon.
-Gaia is not sponsoring Nintendo or Pokemon anywhere and so this is a copyright of the character.

Gaia has been getting away with this,"Lets walk a tightrope and see what we can get away with."
and I will laugh with when this game they play finally blows up in their face.

I'm going to say this again A USER DECIDED ON THE NAME NOT GAIA SO YEAH MAYBE THEY ARE 13yr old

[Creeped]

Dark Metamorphosis

Creeped

Thief of Narshe

The name itself was like a kid created it.

"Oh man I love Umbreon so much so I want my gaia avatar to be it so just slap X in front and no one will notice. Xumbreon."

Well it was designed by a user so yeah that is probably exactly right xD

"I want a shiny Umbreon."
Yeah, totally designed by the user.

Yes it was so your point?

[Niko Narshe]

Creeped

My point being regardless if it was gaia who named it or a user. Gaia should have checked the item and discussed with the user, the concerns over the name and how the item looks as it replicates Umbreon.

You are repeating what you said to me before and I already know a user named this. However, that said person/user should have REALLY taken the time to think of something creative instead of doing some obvious.

[Creeped]

Thief of Narshe

Creeped

My point being regardless if it was gaia who named it or a user. Gaia should have checked the item and discussed with the user, the concerns over the name and how the item looks as it replicates Umbreon.

You are repeating what you said to me before and I already know a user named this. However, that said person/user should have REALLY taken the time to think of something creative instead of doing some obvious.

They do all that when in the process of making the item when the ticket is submitted its been through that process and the user obviously wanted that name just because it wasn't "creative" in your view doesn't mean you can go about stating its only something a 13 yr old would come up with.

[Bunnycakie]

Creeped

Dark Metamorphosis

Creeped

Thief of Narshe

The name itself was like a kid created it.

"Oh man I love Umbreon so much so I want my gaia avatar to be it so just slap X in front and no one will notice. Xumbreon."

Well it was designed by a user so yeah that is probably exactly right xD

"I want a shiny Umbreon."
Yeah, totally designed by the user.

Yes it was so your point?

He didn't design it, Game Freak did.

[M00NDR0PS]

Doechi

iTsunayoshi Sawada

Foxtrot Fallout

Nintendo is very strict when it comes to their brand name, characters and creations. If they found out, they'd probably ask for it to be changed or taken down. I doubt they'd sue but they'd probably ask for something to be done about it.

I'm sure Gaia could get a license, granted they'd have to pay a good sum and go through all the legal hoops to get it, but it can be done. I don't think they will anytime soon though.

Pffft, like Gaia'd actually spend money on trying to get a license with Nintendo to use their products. *rofl*

It'd be a shame if the item had to be taken down, but then again, it kinda falls on Gaia's shoulders for giving it the okay in the first place without making a few changes. Changes wouldn't be so bad though. It's a small price to pay to be able to keep the item if things get messy.

http://media.tumblr.com/tumblr_m437ql3Yrw1r017k2.gif

Sweeter than candy on a stick,

Huckleberry, cherry, or lime


I wouldn't so much call it a "small price" due to there most undoubtedly being backlash as well as them having to refund the 99gc to everyone that bought it; I personally don't see how this is such a big deal and I doubt nintendo will even care.

If you have a choice he'd be your pick

But Lollipop is mine

http://media.tumblr.com/tumblr_m437ql3Yrw1r017k2.gif

" A Houngan is wandering, away from its swarm. "

||| Hm, I can't say for certain since it's not my post, but I think what the user meant was making changes before having released the item was "a small price to pay" to avoid getting in trouble. As in, if Gaia had made some edits to the skin before releasing it, it could still be recognizable and yet wouldn't bring about as much suspicion.

And it's a fairly big deal even if you don't see it as such. If Nintendo can send out a Cease and Desist over a planter that bears likeness to a Bulbasaur, I don't see why they'd let this go under the radar when it's even closer to the original source.

It's pretty much identical to Umbreon's design, and despite being 99¢, if you take into account that there's 500 of them that's still $495 of profit Gaia's making on it.

" The wandering Houngan logged out "

[Niko Narshe]

Creeped

They do all that when in the process of making the item when the ticket is submitted its been through that process and the user obviously wanted that name just because it wasn't "creative" in your view doesn't mean you can go about stating its only something a 13 yr old would come up with.

Xumbreon is so creative. I understand now. I see the error in my ways of thinking.
No, no, it wasn't creative and nor was the item that they created by stealing from Nintendo.
However, I can claim the person who did create this item took no time and little thinking when thinking of a copyright issue with their idea.
Maybe that's where my idea that the person has a young mental state as they don't understand. But in the end I care less arguing further about this and hope Nintendo will do something about this as I also filed a claim to them about the item.

[pantec]

People should stop bashing the user who wanted it created. They got lucky with the ticket, they asked for what they wanted to be created, and that happened to be something resembling Pokemon.

I'm sure if they saw all these comments they would probably be feeling very sad right now, and for what? The item is already created.

I don't mind if people have issues with it not being original but please stop bashing the user - that's really childish and unnecessary. Gaia authorized it when they sent the request in.

If you really want to make a serious contribution then continue on with opinions on copyright, don't make things personal and hurtful for someone who just used his ticket to create what he wanted which happened to not suit your tastes or moral standards.

[M00NDR0PS]

pantec

People should stop bashing the user who wanted it created. They got lucky with the ticket, they asked for what they wanted to be created, and that happened to be something resembling Pokemon.

I'm sure if they saw all these comments they would probably be feeling very sad right now, and for what? The item is already created.

I don't mind if people have issues with it not being original but please stop bashing the user - that's really childish and unnecessary. Gaia authorized it when they sent the request in.

If you really want to make a serious contribution then continue on with opinions on copyright, don't make things personal and hurtful for someone who just used his ticket to create what he wanted which happened to not suit your tastes or moral standards.

" A Houngan is wandering, away from its swarm. "

||| To be fair, I'm not blaming the user who had the ticket. I'm blaming Gaia for handling this poorly and not working a little harder. Honestly, these days it feels like Gaia just doesn't care, and they're just throwing things out in a hurry in efforts to make money.

" The wandering Houngan logged out "

[pantec]

A Wandering Houngan

It's okay, and that's how it should be. 3nodding
There are others I've noticed in this thread though that have misdirected 100% of their displeasure.

[M00NDR0PS]

pantec

A Wandering Houngan

It's okay, and that's how it should be. 3nodding
There are others I've noticed in this thread though that have misdirected 100% of their displeasure.

" A Houngan is wandering, away from its swarm. "

||| Well, too, I guess the user could take partial blame for wanting the Umbreon skin in the first place, but I can't really begrudge that since I too have wanted items made on the site in reference to things I was fond of. However, given that this user had a custom ticket which is worth a fair amount of money/gold, I expect Gaia to treat this a little better.

I don't know, I have serious issues with Gaia's current management and the s**t they're pulling. Not just with this Xumbreon skin, but with a lot of other aspects as well. It feels like it's more and more about raking in the money than giving customer satisfaction. And if this skin was "looked into" before being made, I have to question who approved it for release. (Probably the same person that released the body types survey, if you were around for that disaster. Clearly they don't know what the ******** is acceptable and what's not.)

Just saying, this skin could have still looked like Umbreon despite having different shaped markings and more stripes.

" The wandering Houngan logged out "

[iTsunayoshi Sawada]

Doechi

I wouldn't so much call it a "small price" due to there most undoubtedly being backlash as well as them having to refund the 99gc to everyone that bought it; I personally don't see how this is such a big deal and I doubt nintendo will even care.

Um. "A small price" would have been modifying the skin before releasing it, so that it didn't look like such a blatant copy+paste. We're talking pre-release, not post-release.

I also disagree with Nintendo not caring.

[Kuren]

pantec

People should stop bashing the user who wanted it created. They got lucky with the ticket, they asked for what they wanted to be created, and that happened to be something resembling Pokemon.

This.
1000000% this.
Gaia mucked up here by accepting the design. The user (who has posted on this matter) asked if shiny umbreon could be done and the artist gave it the go. Why should the user be to blame for wanting an item to exist, he earned that ticket and he asked if it could be done. That's like saying a person who got sick at a restaurant is to blame for eating something they wanted without knowing it was contaminated. The artist CHECKED to see if they could apparently. If anything is wrong here I believe the blame is on gaia and the artist for going through with this instead of denying the items creation.