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

[Devilistics]

Horse island...? Meaning Horse Isle? (hi1 / hi2)

[Brenton]

Good evening everyone,

I have very thoroughly examined the Nintendo E.U.L.A and have failed to find any information that prohibits the act of cross-trading Pokemon. Additionally, I did review a section regarding third party services which states the following:

"We are not responsible for any third party services that 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 Privacy Notice does not apply to Third Party Services. You access and use Third Party Services solely at your own risk."

Aside from the above information, I was unable to locate any indication that directly relates to "off-site/cross trading". I have thoroughly searched and scanned the End User License Agreement multiple times in it's entirety, though I do see that on this thread a user posted the following quote:

Stated in the Nintendo EULA: "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." - Valice)."


If you visit the official site that contains the EULA(http://www.nintendo.com/consumer/info/en_na/docs.jsp) and preform a search for the afore mentioned quote, you will be unsuccessful in locating any matching search results. In addition, it was updated on October 4th, 2014, which means it has been several years since the EULA was released to the public.


Considering the Parody Law/Fair Use Allowance:

"Fair Use 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."


Essentially speaking, once you purchase the game, if you aren't using a means to recreate the software, tamper with, claim ownership of, or otherwise reverse engineer the software for redistribution/making revue off of the software, you can do whatever you like with it.


Following ChickenSmoothies rules:

"It is against the rules to trade pets for real money or store credit/gift cards. We feel that these types of transactions are too high risk, and they involve sharing private information which is against our rules. If a player is found to be arranging trades for real world currency their account will be suspended."

That means that there are no existing legal restrictions, regulations, or liabilities, preventing or prohibiting a person or persons from trading a Pokemon or related in game Pokemon content to another individual in exchange for something non-pokemon related (in this specific case, for ChickenSmoothie pets/items/etc..), so long as neither party is making a monetary profit from the transaction.


I am therefore requesting that the ban on Pokemon be lifted.

Kind regards,
:Brenton

[Erwin Smith]

Good evening everyone,

I have very thoroughly examined the Nintendo E.U.L.A and have failed to find any information that prohibits the act of cross-trading Pokemon. Additionally, I did review a section regarding third party services which states the following:

"We are not responsible for any third party services that 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 Privacy Notice does not apply to Third Party Services. You access and use Third Party Services solely at your own risk."

Aside from the above information, I was unable to locate any indication that directly relates to "off-site/cross trading". I have thoroughly searched and scanned the End User License Agreement multiple times in it's entirety, though I do see that on this thread a user posted the following quote:

Stated in the Nintendo EULA: "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." - Valice)."


If you visit the official site that contains the EULA(http://www.nintendo.com/consumer/info/en_na/docs.jsp) and preform a search for the afore mentioned quote, you will be unsuccessful in locating any matching search results. In addition, it was updated on October 4th, 2014, which means it has been several years since the EULA was released to the public.


Considering the Parody Law/Fair Use Allowance:

"Fair Use 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."


Essentially speaking, once you purchase the game, if you aren't using a means to recreate the software, tamper with, claim ownership of, or otherwise reverse engineer the software for redistribution/making revue off of the software, you can do whatever you like with it.


Following ChickenSmoothies rules:

"It is against the rules to trade pets for real money or store credit/gift cards. We feel that these types of transactions are too high risk, and they involve sharing private information which is against our rules. If a player is found to be arranging trades for real world currency their account will be suspended."

That means that there are no existing legal restrictions, regulations, or liabilities, preventing or prohibiting a person or persons from trading a Pokemon or related in game Pokemon content to another individual in exchange for something non-pokemon related (in this specific case, for ChickenSmoothie pets/items/etc..), so long as neither party is making a monetary profit from the transaction.


I am therefore requesting that the ban on Pokemon be lifted.

Kind regards,
:Brenton

To be fair, trading Pokemon cross-trading is something Nintendo doesn't want to happen.

Legally, Fair use is based off the usage of the copyrighted ideas for your own material, as stated "Examples of fair use include commentary, search engines, criticism, parody, news reporting, research, teaching, library archiving and scholarship."

However, trading potions of the game using off-game is not listed above in fair use, therefore it is not covered in fair use, which means trading off-game for other items is still something that company can state as something they want or do not want to happen, which they have stated. [It has been stated by previous research and asking by a Global Mod which lead to the Pokemon Games being added onto the list]. It is also worth mentioning that Nintendo has specifically stated this in the Nintendo EULA, which you commented above but to save the scroll up:


"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." - Valice."



In addition, on both a legal stance and a general outside standpoint as someone who has studied fair use and copyright laws in Graphic Design, [Speaking from pure observation] Nintendo as a whole is gradually getting strict with their laws, for instance they have been attacking Youtube for using Nintendo for lets plays, by filing copyright claims and destroying Let's Plays of any Nintendo based product as a whole. [Funny enough this is leading to Wii-U sales plummeting, but that is a topic for another day.]

Since it has been asked from CS staff to Pokemon directly, in the link above; if CS continued for the trading to happen, that could lead into a-many legal disputes between Nintendo and Chicken Smoothie depending how far Nintendo is willing to push, and due to observations on Youtube and attacks towards Youtubers which are larger than CS; they will probably pressure for this to be pushed firmly, or even take legal action. This being worse case scenario, but there are things Nintendo can do to Chicken Smoothie which could cause an array of problems none the less.

All CS can do is obey these requests, mainly to save itself rather than be sorry later; which is definitely admirable and if anything, I would be asking for this to be put into place myself if I stumbled onto this within the search throughout Nintendo policies.

That is why Pokemon will forever remain on the list. It's just easier and safer for all parties involved.

TL;DR: Can't do it. Probably not going to happen. CS would rather be safe than sorry I am guessing.

[Brenton]

So in a need to find additional information I actually called Nintendo. Online information is great but it's really best if you go directly to the source. Nintendo confirmed that there was nothing in their EULA or any other existing restrictions that would prohibit this sort of trading so long as there is no monetary gain for either party involved and provided that no cheating is being conducted by either individual. The gentlemen I spoke with did explain that I should call the Pokemon Co directly. He advised that they are open Monday-Friday and are based out of New York. I'll be calling the Pokemon Company tomorrow as it's my day off, to confirm what Nintendo has confirmed.

[Indigo -]

Would I be permitted to sell stuff from wajas onto here, because me and my friend created a custom card waja, and we were breeding. I was wondering if I could sell stuff from wajas to get stuff from CS.
I know wajas trading is ok but not sure about this. Just making sure

[Erwin Smith]

So in a need to find additional information I actually called Nintendo. Online information is great but it's really best if you go directly to the source. Nintendo confirmed that there was nothing in their EULA or any other existing restrictions that would prohibit this sort of trading so long as there is no monetary gain for either party involved and provided that no cheating is being conducted by either individual. The gentlemen I spoke with did explain that I should call the Pokemon Co directly. He advised that they are open Monday-Friday and are based out of New York. I'll be calling the Pokemon Company tomorrow as it's my day off, to confirm what Nintendo has confirmed.


:)

There isn't really anything to find or to further prove in this case.
In the EULA, which has been stated above on this page twice now, they [Nintendo] have disallowed of off-game trading with their games. On top of this, the global mod asked and has screenshots of their replies, again posted above. No matter what the result of the phone call is, which I need to question how you will be able to show proof of the phone call to CS staff, there is enough evidence above for CS to ban trading with Pokemon, and by the looks of it most, if not all of Nintendo's trade-able games.

Even if Nintendo says yes to you in phonecall, it is purely up to CS staff to say yes or no. And by the looks of it I doubt that this decision will be reversed, unless Nintendo says it directly to them if they ask CS staff to reverse the decision themselves. [Which going by the information I added above, this is very unlikely since Nintendo is very stingy with their products.]

[Lacuna]

I'd also like to note that someone asked Nintendo online and received the okay to do it, but we upheld the statement that it was not allowed because, as they told you, Pokemon Co. is a more reliable source and when Pokemon was asked they said no. As ZeyDaan said, there is no way to prove what is said in a phone call either, so we will stick with the very clear response to the question we received directly from Pokemon Co.

[AlexisDiemos]

I can't help but ask. Are we allowed to sell/buy steam games with off sits/cs? I feel like we shouldn't be and steam or cs has some kind of rule against it.. But I could be wrong.

[Sorren Fey]

Selling CS pets, items or C$ for RL goods or gift certificates etc. is considered the same as selling them for real money.
Steam isn't a game, it is a shop/distribution platform for computer/video games.

[Esara]

Hello~

Is goatlings ok?