this post was submitted on 02 May 2024
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In Japan, there is no concept of "Fair Use", it's why they don't have a modding scene and why Japanese devs actively fight against people trying to mod their games. Nintendo uses DMCA on things that are clearly fair use (Parodies like SML, Nintendo themed mods on Garry's Mod), and people cave solely because they can't afford to go to court.
It's also literally a criminal offense in Japan to modify Pokemon data because tournaments in that scene are taken that seriously.
Or to be blunt, Nintendo abuses DMCA (an American Legal system) by applying it to things that would only be illegal in Japan, but are perfectly legal in America as it's outside of Japan, and since the courts only care about who has more money, no one's pointed this out as they'd have to do so in court in front of Nintendo's army of lawyers.