1. Nintendo isn't even allowed to do this! They don't own the Essentials code!
Yes. Yes, they absolutely are. Pokémon is still their intellectual property, which they're allowed to protect. They could issue takedown notices on
fanfiction if they wanted to.
2. It's not nice for Nintendo to do this!
This is probably the most common protestation. I actually don't have an opinion on it specifically. Even if I did, it doesn't change the fact that trademarks are "enforce it or lose it" (see: Band-Aid, Velcro, Aspirin, etc.) and Nintendo does NOT want that to happen to Pokémon, or any of their other franchises.
If you were in their shoes you would
absolutely do the exact same thing as they are. The value of the Pokémon franchise is estimated to be upwards of ten
billion dollars. If you think any businessman would let an eleven-digit figure slip through their fingers because an imperceptible (see below) fraction of their fans desired it, you don't know the first thing about business.
Believe it or not, if Nintendo lost their trademark for Pokémon that would probably be pretty bad for us as (part of the) Pokémon community because, among other things, then the mobile games industry would pick it up and drive it into the ground within days.
3. Making fan games is a great place to get started on your own game development career!
Sure it is. So is the
officially sanctioned modding of games. Or Super Mario Maker. Or downloading cygwin/g++ and starting from scratch.
4. This will lead to massive backlash from the community and will hurt Nintendo in the long run!
Math time.
Pokémon Sun and Moon have sold a little over sixteen million copies. Let's say 25% of those were the same person buying both games—this is a preposterously high overstatement but as you'll see in a minute, that doesn't even matter. Either way, that gives us twelve million (12,000,000) active Pokémon players.
Pokécommunity is the biggest fan game community that I know of. They have about sixteen thousand (16,000) active users. Once again, let's be
extremely generous and say that every single one of those members has a very strong opinion on this and are willing to never buy a Nintendo game
for the rest of their life. But there are probably way more people who are up in arms about this who aren't registered on Pokécommunity and/or have an account but don't use it, so let's round up a bit and estimate that there fifty thousand (50,000) people boycotting Nintendo over this. Oh wait, it's not just Pokémon they go after, remember a few years ago when they came down on Super Mario fan games too? I don't recall nearly as much outrage then as I do now, seeing as most of the games they took down were pretty terrible anyway, but let's pretend there was. A hundred thousand (100,000) people will never buy a Nintendo game or console again.
So how does this affect Nintendo?
(12,000,000 active players - 100,000 active players) ÷ (12,000,000 formerly active players) × 100% =
99.17% of their player base remaining
Nintendo's sales team is laughing their asses off at this.
5. Exactly! So they shouldn't bother taking down fan games! It's not worth their time!
Whoever says this, please never become a trademark lawyer.
References
Value of the Pokémon franchise.
https://www.gamnesia.com/news/the-pokemon-company-generates-1.5-billion-annually
https://moneyinc.com/pokemon-franchise/
A vast majority of Pokémon fans don't care about fan games. Most of them probably don't even know we exist.
https://trends.google.com/trends/ex...n fan game,pokemon uranium,pokemon fanfiction
Oh no, I used Wikipedia.
https://en.wikipedia.org/wiki/Generic_trademark
https://en.wikipedia.org/wiki/Pokémon_Sun_and_Moon#Sales (as of 30 June 2018)
Here's a list of games that support and/or encourage modding. You may have heard of a few of them.
https://www.nexusmods.com/games
https://minecraft.net/en-us/