• ZeroOne@lemmy.world
    link
    fedilink
    English
    arrow-up
    37
    arrow-down
    20
    ·
    14 days ago

    That’s rich coming from a country with no proper copyright laws & a copyright monster by the name Nintendo

  • utopiah@lemmy.world
    link
    fedilink
    English
    arrow-up
    31
    arrow-down
    1
    ·
    14 days ago

    Come on Japan, what’s a bit of culture for AGI/ASI! Don’t you want to save the planet? /$

    This is obviously sarcasm, OpenAI just wants more money, namely the exact OPPOSITE of what it was founded for.

  • _cryptagion [he/him]@anarchist.nexus
    link
    fedilink
    English
    arrow-up
    13
    arrow-down
    38
    ·
    15 days ago

    japan:

    • people make rule34 porn of underage children: “i sleep”
    • people make unsanctioned videos of characters from mega-corps like nintendo doing stupid stuff: “i weep”

    always interesting to see where their priorities lie.

    • ZILtoid1991@lemmy.world
      link
      fedilink
      English
      arrow-up
      5
      ·
      14 days ago

      Drawings, as long as they’re easy to differentiate from reality, should be fine. Otherwise we will continue to slide down on the slippery slope of censorship of adult content, and one day short women and lack of a pubic hair will also be considered CSAM (I knew people who did so).

    • mienshao@lemmy.world
      link
      fedilink
      English
      arrow-up
      32
      arrow-down
      4
      ·
      15 days ago

      Insane that that’s your takeaway from this post. This had nothing to do with underage children, so why is your mind already there? So fucking weird.

    • Hellotypewriter@retrolemmy.com
      link
      fedilink
      English
      arrow-up
      9
      arrow-down
      4
      ·
      15 days ago

      AI is like stealing a brick from everyone in your town to build your own house. As a medical writer it has absolutely destroyed my business.

      • Tollana1234567@lemmy.today
        link
        fedilink
        English
        arrow-up
        1
        ·
        edit-2
        14 days ago

        i heard it pretty much ruined some career of corporate writers, on certain subs, although i dont know the extent of it. on one post, the user said the company was pretty much okay with the fact that thier low-quality AI generated writings will result in less clientele and less revenue, but no overhead of hiring an outside writer

        • Hellotypewriter@retrolemmy.com
          link
          fedilink
          English
          arrow-up
          1
          ·
          14 days ago

          Yeah. So medical writers have it really rough. I was making $100k+ last year. I just exhausted unemployment. The problem is that you can feed AI a list of approved claims and basically feed it a ton of examples and it gets 85% of the way there. Of course it’s ripping off our work to do that, but cash is king. I haven’t checked in a bit, but website traffic was down 90%. So, they essentially lost millions to save $100k.

            • Hellotypewriter@retrolemmy.com
              link
              fedilink
              English
              arrow-up
              2
              ·
              14 days ago

              More like a claims database. We relied a lot on PubMed, which hosts a wealth of clinical data, original research, case studies, systematic reviews, etc. I love PubMed. It’s the Brooklyn Bridge of peer-reviewed stuff.

              • Tollana1234567@lemmy.today
                link
                fedilink
                English
                arrow-up
                1
                ·
                edit-2
                13 days ago

                oh yea, i used ncbi/pubmd to look for articles, and then search for the whole research article on places like researchgate. from the job search site, ai also ruining peoples ability to get interviewed, because AI is used to screen applicants, and applicants using it to make hordes of “resume”

            • Tollana1234567@lemmy.today
              link
              fedilink
              English
              arrow-up
              1
              ·
              13 days ago

              WEBMD is pretty much ecyclopedia for diseases, something you can use wikipedia for too.i think medical writer, would write something to be approvable or not by the insurance or billing.

    • Tollana1234567@lemmy.today
      link
      fedilink
      English
      arrow-up
      4
      ·
      14 days ago

      how is that relevant to AI; Minors AND nintendo doing some IP nazi stuff is not the same as AI stealing content.

    • skisnow@lemmy.ca
      link
      fedilink
      English
      arrow-up
      3
      arrow-down
      1
      ·
      edit-2
      14 days ago

      The fact that you’re trying to drag completely irrelevant shit into it about paedophilia, shows how staggeringly weak the pro-OpenAI argument is.

  • DupaCycki@lemmy.world
    link
    fedilink
    English
    arrow-up
    12
    ·
    edit-2
    13 days ago

    Same country that just gave Nintendo a patent for a generic game idea thay has been in wide use for years. Yeah… this is strictly about profits from their anime industry. Japan is just as much of a capitalist dystopia as the US is. Though if they manage to hurt the AI ‘industry’ - nice, I guess?

    • Alloi@lemmy.world
      link
      fedilink
      English
      arrow-up
      2
      ·
      13 days ago

      “this is strictly about profits from their anime industry.”

      ya dont say?

  • arararagi@ani.social
    link
    fedilink
    English
    arrow-up
    5
    ·
    15 days ago

    Didn’t Japan rule that AI was fine to infringe copyright to train? Why are they complaining now?

    • ZILtoid1991@lemmy.world
      link
      fedilink
      English
      arrow-up
      1
      ·
      14 days ago

      I guess that cost a few dinners and holidays, maybe even some fancy tech stuff. But probably took them to some conference, where they showcased “what AI will be capable in just a few years, only if they could train it on copyrighted material”.

    • Jyek@sh.itjust.works
      link
      fedilink
      English
      arrow-up
      2
      arrow-down
      1
      ·
      14 days ago

      The argument for training an AI on copyright materials is different than the argument for allowing it to generate and distribute copyright infringing materials.

    • Geodad@lemmy.world
      link
      fedilink
      English
      arrow-up
      9
      arrow-down
      2
      ·
      edit-2
      14 days ago

      Japan didn’t think the face eating leopards would eat their face.

  • jsomae@lemmy.ml
    link
    fedilink
    English
    arrow-up
    147
    arrow-down
    3
    ·
    15 days ago

    Everyone here is either on the side of hating big AI companies or hating IP law. I proudly hate both.

    • sugar_in_your_tea@sh.itjust.works
      link
      fedilink
      English
      arrow-up
      22
      ·
      14 days ago

      We need two things:

      1. much shorter copyright and patent durations, like 14 and 5 years respectively (14 comes from OG copyright duration)
      2. stronger enforcement of copyright to protect creators from AI stealing their work

      They should happen in that order, and ideally copyright would only be awarded to individuals (or perhaps specifically named lists of individuals, with some reasonable cap), not corporations. The current system is absolutely bonkers.

      • Björn@swg-empire.de
        link
        fedilink
        English
        arrow-up
        3
        ·
        13 days ago

        They should happen in that order, and ideally copyright would only be awarded to individuals (or perhaps specifically named lists of individuals, with some reasonable cap), not corporations.

        That’s actually the law in Germany. Here it’s not called copyright but originator’s right. The big caveat being that things you create while under contract are licensed to companies. But the originator’s rights can not be transferred or erased.

        Of course international contracts severely muddy the waters here.

      • LillyPip@lemmy.ca
        link
        fedilink
        English
        arrow-up
        2
        arrow-down
        1
        ·
        edit-2
        13 days ago

        I disagree, because I think all of these things address the wrong problem.

        Individuals should be able to gain from their own inventions, and others shouldn’t be able to force them into poverty by stealing their IP. Corporations especially should not be incentivised to do that.

        Then again, unfettered capitalism is geared towards incentivising corporations to do that.

        The answer isn’t to weaken people’s already vanishing IP, but to change what’s incentivised. Also to stop treating corporations as people. They aren’t.

        • sugar_in_your_tea@sh.itjust.works
          link
          fedilink
          English
          arrow-up
          2
          ·
          13 days ago

          The answer isn’t to weaken people’s already vanishing IP, but to change what’s incentivised.

          IP protections are stronger than ever! If you write a novel and a company takes that without making a deal with you, almost any law firm will take that case with no payment until you get a massive settlement/judgement. You need to have evidence, of course, but IP is one thing the courts take very seriously.

          Protecting IP is not an issue, the issue is the protections last way too long and are generally owned by corporations through employment contracts. I don’t think that should be legal. Instead, you should only be allowed to grant your employer a perpetual, royalty-free license to use your work and perhaps a noncompete for some reasonable time after (i.e. can’t license your work to specific competitors), and that agreement should be void if they terminate your contract unlawfully. The creator should always be able to use their creations for their own benefit.

          But yeah, the real issue is incentives, and this dramatically changes incentives. Instead of a company like Disney milking their IPs for decades, they’ll need to continue to innovate because they can’t rely on courts to preserve their monopoly. Pokemon was created about 30 years ago and fans have continually complained about the state of the IP (games are samey and whatnot), so it’s high time they have some competition with that IP. Likewise for so many other popular IPs that companies just sit on and milk and only innovate when that stops being profitable.

          If you change the IP structure, you’ll see a big shift in the creative market.

      • Zink@programming.dev
        link
        fedilink
        English
        arrow-up
        6
        arrow-down
        1
        ·
        14 days ago

        Making it so corporations cannot directly own some random valuable thing?

        It’s a nice thing to think about, but it has 0% chance of happening in our current system.

        • sugar_in_your_tea@sh.itjust.works
          link
          fedilink
          English
          arrow-up
          4
          ·
          14 days ago

          They kind of could. They could employ someone to own the copyright, and pay them handsomely to retain control of that copyright.

          That’s honestly how it should be. The same should be true for patents.

          Trademark, however, should be company controlled.

          • Zink@programming.dev
            link
            fedilink
            English
            arrow-up
            3
            ·
            14 days ago

            Oh I didn’t mean that it couldn’t be done. Just that it wouldn’t be. The people who control such things are actively moving our system in the opposite direction.

            • sugar_in_your_tea@sh.itjust.works
              link
              fedilink
              English
              arrow-up
              3
              ·
              14 days ago

              Not without a populist movement, no.

              And IMO, it shouldn’t be our top priority either. We should focus on electoral reform so it’s easier to get decent representatives in office, making it easier to pass stuff like this.

    • UnderpantsWeevil@lemmy.world
      link
      fedilink
      English
      arrow-up
      5
      ·
      14 days ago

      It’s a “heads-I-win / tails-you-lose” system when business can violently extract the value of labor coming and going.

      Either the state protects owners of IP (inevitably a business entity looking to collect rents on its use) or it facilitates robbing the original artist (inevitably a talented individual/team that lacks the money for a lengthy legal fight). The legal system never seems to break in favor of the people themselves. It can only exist as a gradient to move wealth from the sweet of one’s brow to the pocket of one’s bosses.

  • mechoman444@lemmy.world
    link
    fedilink
    English
    arrow-up
    39
    arrow-down
    1
    ·
    14 days ago

    Japan has some of the worst copyright and fair use laws in the world.

    Satire is often times considered copy right infringing.

    • ByteOnBikes@discuss.online
      link
      fedilink
      English
      arrow-up
      12
      arrow-down
      1
      ·
      14 days ago

      I wouldn’t say they’re worse. I’d say they’re confusing as hell.

      For example: fan manga are absolutely okay.

      • nasi_goreng@lemmy.zip
        link
        fedilink
        English
        arrow-up
        8
        ·
        14 days ago

        Fan manga and other doujin works usually depends on the original copyright holder for enforcement.

        Some are pretty open for any fanworks being commercialized as long it’s limited and case by case basis. For example, Love Live franchise allows doujin manga and other doujinshi works, but not with fanmerch. Serial Experiments Lain generally allows various stuff, but not R18 content. Some others like Yakitate Japan mangaka just happy seing his works have so many adult doujin manga, and even lining up on Comiket buying them.

  • jordanlund@lemmy.world
    link
    fedilink
    English
    arrow-up
    25
    arrow-down
    4
    ·
    15 days ago

    I’m amazed that these shady chatbot apps aren’t getting sued to death. I see ads all the time for Simpsons, Family Guy, Incredibles characters and I’m like “Disney is going to murder you.”

    • paraphrand@lemmy.world
      link
      fedilink
      English
      arrow-up
      11
      ·
      15 days ago

      Disney bought into a long history of Fox animated properties being lax in infringement enforcement online.

      But this is a whole different level. That’s where I agree with you.

      • earthworm@sh.itjust.works
        link
        fedilink
        English
        arrow-up
        6
        ·
        15 days ago

        They’ll wait until the bubble bursts (or OpenAI shows signs of weakness) and then they’ll eat it alive.

        It’s not profitable to go after them when the government is tweeting out Pokémon ICE commercials and the president is making deepfakes of himself.

        • porcoesphino@mander.xyz
          link
          fedilink
          English
          arrow-up
          3
          ·
          15 days ago

          And the other government with large contributors is China and intellectual property rights have never been strong there. Walk around a tech startup in China and you’ll see plenty of posters they’ve made with their products and with the faces of Elon Musk or Steve Jobs there as if they’re endorsing or part of the product

          • Tollana1234567@lemmy.today
            link
            fedilink
            English
            arrow-up
            1
            ·
            edit-2
            14 days ago

            they use westerners, even hiring white people to be the face of thier company, its to "legitimize thier shady companies its very common. they make the westerners go to events and pretend like they own it, but not do anything for the companies internal workings. thats why alot of products on amazon that are from china uses white people in thier ads.

        • porcoesphino@mander.xyz
          link
          fedilink
          English
          arrow-up
          1
          ·
          15 days ago

          And the other government with large contributors is China and intellectual property rights have never been strong there. Walk around a startup and you’ll see plenty of posters they’re made with their products and with the faces of Elon Musk or Steve Jobs there as if they’re endorsing or part of the product

        • Tollana1234567@lemmy.today
          link
          fedilink
          English
          arrow-up
          2
          ·
          edit-2
          14 days ago

          NVIDIA will want thier investment back at some point too. oracle is going to be left holding the bag on all the useless datacenters they built.

  • mannycalavera@feddit.uk
    link
    fedilink
    English
    arrow-up
    15
    arrow-down
    3
    ·
    15 days ago

    I don’t think these companies give a shit 😥. If it means US companies fall behind the White House is going to aide with these companies and allow it. Or hostilely take over your company like they’re doing with Tiktok.

  • FreedomAdvocate@lemmy.net.au
    link
    fedilink
    English
    arrow-up
    13
    arrow-down
    4
    ·
    15 days ago

    Hate for AI vs hate for big corporations and copyright laws. Which thing that they hate will Lemmy members defend passionately?

    • eldebryn@lemmy.world
      link
      fedilink
      English
      arrow-up
      7
      ·
      15 days ago

      If we had a fair distribution of wealth I wouldn’t care about either of these really.

      Most artists care about attribution/fame somewhat but if they could live comfortably they wouldn’t care about royalties much or others using their art.

      Likewise for AI, automation is an amazing thing for civilization but when it is gatekeeped and used to make the rich richer it’s just exploitation of workers everywhere since they have to work as hard as they did one century ago with, arguably, less buying power.

      • FreedomAdvocate@lemmy.net.au
        link
        fedilink
        English
        arrow-up
        2
        arrow-down
        1
        ·
        14 days ago

        If we had a fair distribution of wealth I wouldn’t care about either of these really.

        A “fair distribution of wealth” isn’t really a thing though. What you likely consider “fair” is most likely “not fair” to high income earners, correct?

        • eldebryn@lemmy.world
          link
          fedilink
          English
          arrow-up
          3
          arrow-down
          1
          ·
          14 days ago

          Yes and idfaf. Work as much as you want to. No one gets a second home before everyone has at least one. That’s my position.

    • meco03211@lemmy.world
      link
      fedilink
      English
      arrow-up
      21
      ·
      15 days ago

      Likely, whatever benefits the little guy. Most people don’t have a problem with copyright laws in a vacuum. It’s the abuse of those by large corporate entities that are the issue.

    • Rose@slrpnk.net
      link
      fedilink
      English
      arrow-up
      12
      arrow-down
      1
      ·
      15 days ago

      AI companies are not on the side of copyright reform or abolition. They just want an exception for themselves. They very much believe in trade secrets. They probably want copyright to eventually cover the current grey areas so that they can stop pretending they give a damn about open models.

      It’s not unreasonable to demand AI companies to play by the same rules as everyone else.

      • FreedomAdvocate@lemmy.net.au
        link
        fedilink
        English
        arrow-up
        2
        ·
        14 days ago

        It’s not unreasonable to demand AI companies to play by the same rules as everyone else.

        But when you hate those very rules, shouldn’t you be cheering on the people that are seemingly ignoring them and are likely to try and challenge them in court/lobby to be changed/removed? Right? “The enemy of my enemy is my friend” and all that?

        Oh, but not when those people are evil capitalist companies that make AI product lol.

        • Rose@slrpnk.net
          link
          fedilink
          English
          arrow-up
          1
          ·
          14 days ago

          Like I said, the AI companies are not on the same side. The AI companies in the fight for their own selfish reasons. They’re eventually just going to make the copyright situation even more byzantine. They also make the copyright reform/abolition people look bad.

          It’s like if I say I’m an Anarchist and then I have to constantly say “well actually I don’t advocate for looting and vandalism nonsense, those dipshits don’t know shit about Anarchism”. Do you know how hard it is to advocate for more reasonable copyright policy reflecting modern times, when the current big crisis in the mind of artists and creators are the dipshit companies blatantly violating the law?

          • FreedomAdvocate@lemmy.net.au
            link
            fedilink
            English
            arrow-up
            1
            ·
            14 days ago

            One issue is that they’re not blatantly violating the law though. There’s no law saying you can’t create art etc of copyrighted material. It’s legal basically unless you’re then selling it.

            With training AI models, again there’s nothing illegal about that. Some companies and people want it to be illegal, but it currently isn’t and realistically never should be since laws exist around the use of copyrighted content (as mentioned above). Why should it matter if it’s a computer doing the “learning” compared to a person?

            It’s what you do with the content that is controlled by law, not how you created it.

  • SabinStargem@lemmy.today
    link
    fedilink
    English
    arrow-up
    31
    arrow-down
    11
    ·
    15 days ago

    I am cool with everything stuffed into AI and freely distributed, whatever the form. Bluntly, I think copyright sucks, and want it gone. Nintendo shouldn’t be able to patent game mechanics, and I would like to see more mashups of things.

    • Montreal_Metro@lemmy.ca
      link
      fedilink
      English
      arrow-up
      6
      arrow-down
      4
      ·
      15 days ago

      I agree that I should be able to use whatever you make and sell it for money without crediting you because I’m a human just like you. We’re basically related so whatever you make is also mine because we’re pretty try much the same person.

    • TomAwsm@lemmy.world
      link
      fedilink
      English
      arrow-up
      4
      arrow-down
      1
      ·
      15 days ago

      Ah, a man of culture - DBZ Team Training is a classic. I also hear good things about Super Mariomon, though I haven’t tried it yet myself.

    • bss03@infosec.pub
      link
      fedilink
      English
      arrow-up
      6
      arrow-down
      5
      ·
      14 days ago

      I will support the elimination of copyright. But, as long as copyright exists, I will reject and resist AI.

      That said, there are a number of other reasons I think AI sucks, it’s not limited to copyright.

      • Tollana1234567@lemmy.today
        link
        fedilink
        English
        arrow-up
        4
        ·
        14 days ago

        i support elimination of IP copyright for medications, lessen the time for other forms of IP, like movie/show franchises.

        • bss03@infosec.pub
          link
          fedilink
          English
          arrow-up
          3
          ·
          14 days ago

          I don’t think copyright is currently serving it’s purpose “To promote the Progress of Science and useful Arts”. And it should be eliminated anywhere it is not doing that.

          Closest to my pocketbook is software (I’m a programmer), and I think we’d almost certainly be better off without copyright of any kind on software. It would mean exercise of some of our freedom around software would have to be implemented via reverse engineering, but it would make that route much more available / less risky for software that is current not Free Software. But, maybe I’m extra jaded because software is almost always done as “work-for-hire” so the author doesn’t actually hold the copyright, the Capitalist employer does.

      • Gormadt@lemmy.blahaj.zone
        link
        fedilink
        English
        arrow-up
        3
        arrow-down
        1
        ·
        14 days ago

        I support the elimination of copyright in it’s current form

        The way it was initially was fine IMO: 14 years, with an option to renew it at the end of those 14 years. ONCE.

        Now in terms of patenting medications, if it was partially paid for with public money it’s the public’s patent. In other words it’s open for everyone. Made a new medication but took a government grant to help fund it? It’s public when it comes out, enjoy a nice hearty reward check for your efforts.

    • tal@lemmy.today
      link
      fedilink
      English
      arrow-up
      24
      arrow-down
      1
      ·
      edit-2
      14 days ago

      Nintendo shouldn’t be able to patent game mechanics

      Those are patents, not copyrights. There are a bunch of different forms of intellectual property. Off the top of my head:

      • Copyright

      • Trademark

      • Patent

      • Moral (not very substantial in the US, but more-meaningful in France)

      • SabinStargem@lemmy.today
        link
        fedilink
        English
        arrow-up
        8
        arrow-down
        1
        ·
        14 days ago

        IMO, the way it should be is that concepts and art should be free to be used by anyone. However, specific incarnations made someone can’t be copied. For example, Nintendo can make a Pokemon game, as can Sega with the same characters. Naturally, Nintendo can make a Shin Megami Mario game.

        The important thing is that the company or people behind an incarnation is distinctly labelled, so that people can’t confuse who made what. In this way, variants of a media can fulfill niches that otherwise wouldn’t be possible. Say, for example, a WoodRocket “Jessie Does James” hentai anime.

        • 3abas@lemmy.world
          link
          fedilink
          English
          arrow-up
          14
          ·
          14 days ago

          Once you start studying non capitalist propaganda, the idea of “intellectual property” becomes transparently harmful. Copyrights don’t protect ideas, they protect the wealth of rich people.

          • hayvan@feddit.nl
            link
            fedilink
            English
            arrow-up
            8
            ·
            14 days ago

            Indeed. I’m not against copyrights owned by individuals. Corporations owning rights is downright dystopian.

            • Womble@piefed.world
              link
              fedilink
              English
              arrow-up
              2
              ·
              14 days ago

              I’m not even sure that IP being owned by non-natural persons is the problem, for example I could see a coop collectively owning copyrights/patents relevant to their work. The problem is the frankly ridiculous amount of time granted for copyrights and obvious methods being patented.

              Change both of those and you keep the benefit of innovative individuals/small groups having legal protection from large corporations muscling in and stealing their work and get rid of most of the damage done by the current system.

            • Njos2SQEZtPVRhH@piefed.social
              link
              fedilink
              English
              arrow-up
              3
              arrow-down
              1
              ·
              14 days ago

              So, we can use Donald Duck, but not Harry Potter? I don’t quite understand why. Why shouldn’t I be allowed to write my own Harry Potter books? (not that I would).

        • tal@lemmy.today
          link
          fedilink
          English
          arrow-up
          7
          ·
          14 days ago

          I have, in the past, kind of wished that settings and characters could not be copyrighted. I realize that there’s work that goes into creating each, but I think that we could still live in a world where those weren’t protected and interesting stuff still gets created. If that were to happen, then I agree, it’d be necessary to make it very clear who created what, since the setting and characters alone wouldn’t uniquely identify the source.

          Like, there are things like Greek mythology or the Robin Hood collection of stories, very important works of art from our past, that were created by many different unaffiliated people. They just couldn’t be created today with our modern stories, because the settings and characters would be copyrighted and most rightsholders don’t just offer a blanket grant of rights to use them.

          That’s actually one unusual and notable thing H.P. Lovecraft did — if you’ve ever seen stuff in the Cthulhu Mythos, that’s him. He encouraged anyone who wanted to do so to create stuff using his universe. One reason why we have that kind of collection of Lovecraftian stuff.

          But you can’t do that with, say, Star Wars or a lot of other beloved settings.

          • SabinStargem@lemmy.today
            link
            fedilink
            English
            arrow-up
            6
            ·
            14 days ago

            The Touhou franchise strikes me as the modern Lovecraft. People are creating fangames, and go on to make them into commercial products. Around the 22nd or thereabout, “Shrine Maiden Wars” will be released, which is a take on the Super Robot Wars formula, but with the Touhou cast. It is an incredibly vibrant ecosystem of fanworks, where most people get to have fun AND profit.

              • SabinStargem@lemmy.today
                link
                fedilink
                English
                arrow-up
                1
                ·
                14 days ago

                I probably will get it when Turkey Day rolls around. Anyhow, counter-suggestion: Check out La-Mulana if you like puzzles with your Metroidvania. They are extremely long and difficult games, but is worth your time if you got the lateral thinking to puzzle out the riddles and enjoy things like King’s Quest.

        • sugar_in_your_tea@sh.itjust.works
          link
          fedilink
          English
          arrow-up
          3
          ·
          14 days ago

          It should fall under more general laws against fraud. The main harm in copyright violation is copying something and claiming to be the original author, thereby stealing credit for it. If a reasonable person would mistake your product as coming from the original source, then you have committed fraud and should be held liable for damages.

          However, if you make a spinoff and it’s obviously distinct such that a reasonable person wouldn’t mistake your work as coming from the original creator, that should be protected.

          So yeah, if I want to make a Pokemon game and it is very distinct from anything The Pokemon Company has worked on (either directly or indirectly), then it should be totally fine. The only copyright violation is if I directly copy any artwork, but if I produce my own renditions, I should be in the clear.