Hello everyone! Recently someone posted a thread about a browser based Pokemon game they had found. In the topic, there was talk about wanting an accessible game like Pokemon. I posted that Aprone and I MIGHT be interested in doing such a game and there was definitely a positive response. Because of this response, I started planning how the game might be developed and what the project would require.
Now, I was hoping to do a direct port of the original Pokemon Red and Pokemon Blue, the games that started the series. To do that, I emailed Nintendo's Public Relations department to ask permission to use their property. I was expecting a generic and automated response email telling me no. I DID get told that Nintendo wouldn't endorse any such projects, but in a much more positive way than I had anticipated. Below are the original email and my response.
Original Email to Nintendo
To whom it concerns,
First, I would like to apologize if I have this listed under the wrong topic or if I should be pursuing this elsewhere. I'm not quite sure how to go about this but I assumed Nintendo would be the best choice.
I am a programmer that develops audio games for the Blind and Visually impaired, primarily using the VB6 language. Recently, members of the AudioGames.net community have mentioned interest in the Pokemon series of games. Obviously these games are not accessible to Blind/VI gamers so they are unable to play them. I mentioned that I may, as my schedule allows, be able to work with another audio game developer to release a Pokemon style game, provided there was enough interest in the idea. Since then, I have received many request to release such a game.
Now onto the purpose behind this email. While I could develop and release a game that has many of the features of the Pokemon style game (RPG elements, Collection, Raising, etc) using my own original content, I thought it would be awesome if I could release a straight port of the original games, Red and Blue, in an accessible format. I've long been a fan of the series and would love to be able to share them with a group of gamers that have no way of experiencing them otherwise.
To that end, I am emailing to request permission to use the Pokemon trademarks, characters, etc in this project. I would, of course, claim no ownership or credit for any of the content outside of my code itself. This is a completely non-profit endeavor and something I am doing simple because I love the games and want to bring them to my friends in the audio gaming community.
Please let me know if this would be allowed, or at least what steps, if any, I could take to make this a reality. I would love to be able to bring this amazing game to my friends in the blind community.
Thank you for your time and consideration.
Sincerely,
Steven Strait
Now the response from Jay, one of Nintendo's Public Relations representatives.
Hello Steven,
I appreciate your interest in Nintendo and all our video game products. To us, it represents a great sign of success and recognition of the Nintendo brand. Having a family member who is sight impaired, I can fully understand why you would want to release a modified Pokemon game.
We are grateful for all the requests we receive for permission to use Nintendo properties; however, we receive thousands of requests and do not have adequate staffing to review them all. Therefore, our general policy is to decline all such requests, no exceptions. I realize this isn't what you wanted to hear and thank you for understanding.
Although we are unable to grant permission, use of Nintendo properties without our formal permission may still be allowed depending on the circumstances. You are encouraged to seek your own legal counsel if you have any questions about whether your particular proposed use is permitted without Nintendo's authorization. This is not a comment on whether we believe your particular proposed use is permissible-Nintendo cannot provide legal advice.
Sincerely,
Jay Dean
Nintendo of America
Not the email I was hoping for, but definitely more than I expected to get! In essence, Nintendo doesn't officially allow use of their copyrighted properties. However, in a situation such as this, there MAY be some legal grey area that would allow me to make a direct port a reality. Unfortunately, I don't think making the full Red and Blue games would be a smart, or safe, move on my part. Nintendo would be well within their rights to send me a Cease and Desist request, basically forcing me to stop development on the games and I wouldn't blame them if they chose to do so.
For now, this project is still on the drawing board, but I'm not giving up yet. I may end up working with Aprone to craft a game using the mechanics of the Pokemon series using our own original story, settings, characters, etc. We're still discussing it and would LOVE to get some input from the Audiogames.net members. Would this be a project y'all would be interested in?