The former Chief Legal Officer of The Pokemon Company has stated in an interview with Aftermath that he discovers Pokemon fan games and how they end takedowns. Read on to learn how he receives them and when they take action.
Pokemon’s Former Lawyer Officer Reveals How He Discovers Pokemon Fan Games
"The Worst Thing On Earth is When Your ‘Fan’ Project Gets Press, Because Now I Know About You."
On March 13, 2024, Luke Plunkett from internet news outlet Aftermath got a chance to talk to The Pokemon Company’’s former chief lawyer, Don McGowan, about how they handled the process of sending Cease & Desist letters to fan projects receiving widespread coverage and attention.
Throughout the interview, McGowan spoke about his personal life and job duties as Chief Legal Officer and Business Affairs. After finding out that McGowan has been very involved with the Customer Service team, more particularly "the department of Things That Can Go Wrong" Plunkett was able to ask McGowan the burning question that has been on everyone's minds for the longest time on the internet.
"How does The Pokemon 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?"
McGowan responded with what most people had correctly assumed this whole time: that he primarily received news articles of the games being sent to him or would stumble upon news of them himself.
He shares an anecdote about how he tells his students of Entertainment Law at the University of Washington that "the worst thing on earth is when your ‘fan’ project gets press, because now I know about you."
Plunkett appropriately utters three words that all gaming journalists will most likely respond with: "Oh. Oh no."
McGowan rounds off the question and assures that takedowns are never sent immediately, as the grounds of C&D letters are pretty much only guaranteed when the fan projects get funded. Once they’re aware of a fangame’s existence, they keep a close watch in case they stand to make a profit from the Pokemon IP.
"If they get funded, then that’s when you engage. No one likes suing fans."
Source:
Aftermath | Pokémon’s Former Chief Lawyer On Shutting Down Fan Games & Honeymoon Business Deals
[1] Pokemon Fandom Wiki Pikachu
