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In the games, given enough effort and time, a player can get Pokémon with better stats and alternate color palettes, and are highly valued by players. Additionally, there is a built-in function that allows players to offer certain Pokémon in exchange for others. Often, players using this function will offer higher value Pokémon for other similarly rare Pokémon. For a lot of people, paying for these Pokémon might actually seem to be more efficient.

My question is purely hypothetical and I have no desire to do this, but if I started working in my games to legitimately generate these more valuable Pokémon, could I legally sell them online? More generally, is selling digitally generated goods legal?

I debated putting this question on Arqade, but I figured I might get more in depth answers on Law.

3

Most games have a TOS to playing that include provisions such as sales of in game items through out of game currencies (i.e. real world money changes hands for digital product or account). I believe Pokemon does have this as part of the TOS which could get you and potential customers banned from competition and possibly the modern online trade features, but am unable to look at the current TOS to verify. It should not be hard to find such a document and read for yourself.

  • Do offline video games (generally) have Terms of Service? The main line Pokémon games are generally sold exclusively on physical media, to the best of my knowledge. – sharur May 30 '18 at 0:30
  • As far as I'm aware, for game ownership no signature is required at any point – user189728 May 30 '18 at 3:42
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    @sharur: The 3DS games (Gen 6 and Current Gen 7) are available for digital purchase on the Nintendo Store. I do not own a physical copy of my copy of the most recent main line release. – hszmv May 30 '18 at 17:06
  • @user189728: TOS kick in upon use of services and while generally not monitored for a strictly offline use, any engagement of online services will be enforced. All trading in modern series Pokemon game is done through wireless connections using servers owned by the Pokemon company. – hszmv May 30 '18 at 17:08
  • @hszmv: thank you, that fills a whole in my knowledge (both concerning obtaining the new games and trading, as I don't have a 3DS). My initial question, in general form, still remains, but since it is no longer relevant to this question, I will ask it in a separate question, rather than a comment. – sharur May 30 '18 at 17:10

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