Sites that DO NOT allow off-site trading [Old thread]

[Milim]

A question: Some days ago Pokemon was still allowed. Has that changed or was it all the time and we didn't notice it?

This was recently changed. On August 17th 2015, when Kiwi posted (above), trading with Nintendo franchise games was still allowed. Off-site trades involving Pokemon, Animal Crossing, or other Nintendo franchise games are now not allowed, as it was found that Nintendo's End User Licence Terms addresses this.

I'm sorry to ask again, but shouldn't all Pokemon-Trade Threads be locked then? Or did I missunderstood something?

Yes, they have been being locked. I've seen quite a few locked. I'm
Not sure if sites like "poke farm" would still be allowed or not however.

[BraveEguana]

A question: Some days ago Pokemon was still allowed. Has that changed or was it all the time and we didn't notice it?

This was recently changed. On August 17th 2015, when Kiwi posted (above), trading with Nintendo franchise games was still allowed. Off-site trades involving Pokemon, Animal Crossing, or other Nintendo franchise games are now not allowed, as it was found that Nintendo's End User Licence Terms addresses this.

I'm sorry to ask again, but shouldn't all Pokemon-Trade Threads be locked then? Or did I missunderstood something?

Yes, they have been being locked. I've seen quite a few locked. I'm
Not sure if sites like "poke farm" would still be allowed or not however.

Well, I've just asked 'cause I've also seen some still open threads.

[Babypoke]

Pokefarm itself allows offsite trading as it is stated in their rules
•You MAY trade Pokémon and other PokéFarm items in exchange for off-site services. However, we accept no responsibility if you are scammed, so do so at your own risk.

[BraveEguana]

I've actually meant REAL Pokemon Trade Threads here - like a shop where you can order Pokemon for the latest games.

[Opalide]

I've actually meant REAL Pokemon Trade Threads here - like a shop where you can order Pokemon for the latest games.

No. This is against the rules, as stated by Nintendo ToS.
Threads that are still open need to be reported so that they can be dealt with appropriately by the Moderation Team.

[BraveEguana]

I thank you. Where can I report?

[Steven Stone]

In regards to the Pokemon Threads being reported and blocked,
I have thoroughly read the EULA for Nintendo 3DS XL, yet fail to find the quoted section that specifics this. Third Part services, which I assume are the services some users and myself provide, are addressed like so:
"We are not responsible for any Third Party Services you elect to access or use, and we are not responsible for any charges or other liabilities that arise out of your use of Third Party Services. Third Party Services are not reviewed or monitored by us and are subject to separate third party terms and conditions associated with such Third Party Services. Nintendo’s Privacy Notice does not apply to Third Party Services. You access and use Third Party Services solely at your own risk."

Other than the quote above, I do not see anything that directly correlates to off-site trading. I have thoroughly searched and scanned the End User License Agreement more than once, yet the quoted material on Ayawas ("Aywas staff has looked over the Nintendo EULA and we have discovered that we should not allow any cross-trading involving content from Nintendo franchise games. This includes, but is not limited to, Pokemon and Animal Crossing. As such, any cross-trading involving those sort of games is no longer allowed."). If look up any similar material into the official site that contains the EULA(http://www.nintendo.com/consumer/info/en_na/docs.jsp) comes up with no matched results. In addition, it was updated on October 4th, 2014, which means it has been nearly a year since this new EULA was placed. It is not specially stated nor addressed in the official Nintendo site.

Parody Law also comes into play here. This is a US trademark law, and, considering how I live in the US, it applies to me. It is also called Fair Use. Fair Use is "is a limitation and exception to the exclusive right granted by copyright law to the author of a creative work. In United States copyright law, fair use is a doctrine that permits limited use of copyrighted material without acquiring permission from the rights holders. Examples of fair use include commentary, search engines, criticism, parody, news reporting, research, teaching, library archiving and scholarship." I find this goes under "scholarship." The definition of scholarship is "academic study or achievement; learning of a high level." The services provided can not be converted into real money or real-life currency legally due to Chicken Smoothie's own ToS. Therefore, I find this is a "learning of a higher level." Why? Well, because this is non-profit in the real world for any that provide these services. Definition of learning is "the acquisition of knowledge or skills through experience, study, or by being taught." People who give this services earn business-like skills through personal experience.

In conclusion, look at Ebay. People do sell Pokemon for real money on there, yet, neither Nintendo itself or Ebay, no one has removed these sales.

[BraveEguana]

Question: Aywas recently had this to post:

Aywas staff has looked over the Nintendo EULA and we have discovered that we should not allow any cross-trading involving content from Nintendo franchise games. This includes, but is not limited to, Pokemon and Animal Crossing. As such, any cross-trading involving those sort of games is no longer allowed.

Should this be relevant to CS?

Nope, not relevant to CS since CS is not related to Nintendo.

You miss the point. I've seen Pokemon offsite trades here.

^ Pokemon for CS

Aywas discontinued all Nintendo trades (including Pokemon) due to Nintendo's EULA.

Aywas staff has looked over the Nintendo EULA and we have discovered that we should not allow any cross-trading involving content from Nintendo franchise games. This includes, but is not limited to, Pokemon and Animal Crossing.

I ask if this pertains to CS because if it is a violation of the Nintendo EULA (as per Aywas investigation), couldn't CS get in trouble because of a violation of this EULA mentioned by having open Pokemon for CS trades?[/quote]


I have already brought this up with a moderator and it is being handled. c:[/quote]

I guess this may be the answer. I've also read this and just think, that still Pokemon are sold at ebay. I don't know if they get in trouble, and I also think it is mean to say that after so many years, but I guess they don't want to make people getting any profit with Pokemon?
This is the right thing?

[Steven Stone]

I guess this may be the answer. I've also read this and just think, that still Pokemon are sold at ebay. I don't know if they get in trouble, and I also think it is mean to say that after so many years, but I guess they don't want to make people getting any profit with Pokemon?
This is the right thing?

Direct from Nintendo's EULA:
"Digital content, together with any other product software, is licensed, not sold, to you by Nintendo or its thirty part content providers for your personal, non-commercial use on your Nintendo Device."
Commercial initiation: "making or intended to make a profit."
Profit definition: "a financial gain"
Finance definition: "the management of large amounts of money, especially by governments or large companies."
By those specifications, there is no gain to any of the services being provided by the users themselves. Also, what about the drawings of Pokemon that are sold or Pokemon characters drawn and sold? Wouldn't that also be considered copyright infringement? I mean, if you are going to target those who trade Pokemon here for CS, then the Parody Law won't hold with drawings either, even if they are custom.
I am not trying to pick a fight, but if you are going to be targeting off-site trades regarding Pokemon, then it should encompass everyone that has a finger in it. Not just Shops or such.

[BraveEguana]

Hmm... I think you're right. Actually, Nintendo may be closing their own Profit-Making. I mean: If for example a CS player looks arround the Adoptables for other, they may see the Pokemon Shops. If they don't know POkemon, maybe the would search for it and see if it's good or not. With other words: It is like advertising. But maybe Nintendo has a Problem that people are selling the things they've created.