Former Pokemon Chief Laywer Explains Why Nintendo Targets Fan Projects

During an interview with Aftermath, the former chief lawyer of the Pokemon Company, Don McGowan, explained what compels Nintendo to go after fan games. He mentions that fan projects are often discovered by them getting press online, which brings them under the rough scrutiny of the publisher. However, the legal team silently observes and does not take any action yet. 

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. […] The worst thing on earth is when your ‘fan’ project gets press, because now I know about you.”

Fan Projects Getting Funded Is What Compels Nintendo To Strike Them

The former Pokemon lawyer explains that Nintendo only pursues legal action against a fan game if it starts getting funded. That is when the legal engagement starts and the cease-and-desist letters are issued. Don admits that “no one likes suing fans,” so it is not something that the publisher wants.

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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All in all, Nintendo walks on a thin line when it comes to fan projects—especially those that seek to earn from the company’s intellectual properties in any shape or form. So, removing any sort of funding or monetary gain from fan-made games is paramount.