this post was submitted on 31 Jan 2024
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Mods are free and community-driven. This situation is closer to someone using the chorus to a song in their own soundcloud track, which in my opinion should be completely fine
Ignoring that this mod wasn't free, that's absolutely not in the neighborhood of legal.
Nintendo is fully within their legal rights to send a DMCA takedown to every single fan drawing of Pikachu on the planet if they so desire. It belongs to them.
You're also not allowed to use someone else's song to make your own soundcloud track.
I'm not familiar with soundcloud's TOS, which is why I noted that it's my opinion. When did people decide it's alright for multi-billion dollar corporations to dictate what people create for fun?
It has nothing to do with anyone's TOS.
People decided that when they passed copyright laws and signed international treaties about it.
When they're a company that provides something that specific person likes more than their spine, pride, or common sense.
IIRC, the mod wasn't free. They were making money off of it using Patreon.
It's this and the fact that Japan has no Fair Use of Copyright as well