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Nintendo and getting sued

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firefin
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Post » 09 Feb 2012, 06:14

Do you guys really get cease and desist letters from Nintendo? If so I was wondering how you avoid getting sued and also how you deal with the emails.
I was also thinking it would be funny if you made your responses humorous and posted them on your site like the pirate bay does.

Sašo
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Post » 09 Feb 2012, 16:59

We don't get any emails because Nintendo doesn't give a shit.

Jaedreth
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Post » 10 Feb 2012, 14:36

Nintendo isn't like some American companies, and actually treats Fair Use as Fair Use. Mari0 is using from scratch code, as presented on the website, and thus is not using anything that Nintendo actually owns. Sure, the graphics looks a *lot* like SMB, but that's one of their oldest games, considered Legacy, and there are plenty of SMB online flash games. It just doesn't matter to them.

Now if someone tried to code something from one of their newest games, or even worse, using some of their own code, they'd likely have a problem with that. But that isn't happening. And they're not assholes. Unlike Viacom. Those bastards will launch a DMCA attack on you for exercising Fair Use, and believe no such thing should exist. The opinions expressed in this post do not reflect the views or opinions of the moderator, the forum, or stabyourself.net, and are purely my opinions.

Raicuparta
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Post » 10 Feb 2012, 16:16

Jaedreth wrote:Those bastards will launch a DMCA attack on you for exercising Fair Use, and believe no such thing should exist. The opinions expressed in this post do not reflect the views or opinions of the moderator, the forum, or stabyourself.net, and are purely my opinions.
I read this last sentence really fast, like those radio commercials.

jktomas
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Post » 10 Feb 2012, 20:49

If Nintendo or Valve sue game makers for making free games online, then why do these still exist?
http://www.onlinesupermario.com/
http://portal.wecreatestuff.com/

Jaedreth
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Post » 11 Feb 2012, 01:16

They don't, because they're not @$$holes. There are others in the industries that send DMCA notices to people who do *Let's Plays* of their games. They are @$$holes.

Sašo
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Post » 11 Feb 2012, 01:19

Jaedreth wrote:They don't, because they're not assholes. There are others in the industries that send DMCA notices to people who do *Let's Plays* of their games. They are assholes.

It's happened before. They likely have some clear criteria on what could be a threat to their business, but just know that while unlikely, it's not impossible.

Jaedreth
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Post » 11 Feb 2012, 01:28

Sašo wrote:
Jaedreth wrote:They don't, because they're not assholes. There are others in the industries that send DMCA notices to people who do *Let's Plays* of their games. They are assholes.

It's happened before. They likely have some clear criteria on what could be a threat to their business, but just know that while unlikely, it's not impossible.


Well, having worked for a major tech company, I'm willing to bet that Nintendo's criteria has to do the IP's legacy status. Nintendo no longer sells the original Super Mario Brothers on the SNES. It's legacy. The bit about handing out code, I don't buy, if they wrote all their own. If you *could* put newer pokemon in the Pokenet, that would be a reason to can it. Now, if someone did a mock of the first generation of Pokemon, added a strange theme to it, Nintendo wouldn't have batted an eye.

Again, messing around with the old legacy stuff is generally ok. The newer stuff, and what's hot, not so much. The site said that there were other Poke games out there that were similar, but I'm willing to bet they were restricted to early generation pokemon.

But again, this is only my suspicion of their policies.

firefin
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Post » 13 Feb 2012, 00:35

Well I was just asking because on your site, next to your contact information, it says: "Are you Nintendo and want to send us a cease and desist letter?"

Hen Barrison
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Post » 14 Feb 2012, 04:50

firefin wrote:Well I was just asking because on your site, next to your contact information, it says: "Are you Nintendo and want to send us a cease and desist letter?"



I feel lIke we would know If they were recIvIng cease and desIst letters.

firefin
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Post » 16 Feb 2012, 04:05

Hen Barrison wrote:
firefin wrote:Well I was just asking because on your site, next to your contact information, it says: "Are you Nintendo and want to send us a cease and desist letter?"



I feel lIke we would know If they were recIvIng cease and desIst letters.


I understand this. I was simply explaining why I thought they might be.

renhoek
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Post » 18 Feb 2012, 02:10

If i recall there was this game called super mario bros x it was a level making (and playing derp :P) game, the developer got a message from nintendo asking him to shut down the site or something (not the game) due to it's donaim name bieng supermariobrothers.org (It's kinda obvious why.) but he missunderstood deleated the game (luckly people still use it and release downloads or something I don't know I just downloaded it when it was available at the main site). and then I sh*t you not he made terraria!

EDIT: oh btw off topic super mario bros.org was the first site I ever registered on... And I released a shitty level -_-
Last edited by renhoek on 26 Feb 2012, 02:08, edited 1 time in total.

Goujh
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Post » 25 Feb 2012, 15:39

Sorry to bump this thread but yes, Redigit made a game with a bunch of people called Super Mario Bros X which was a huge fan made game with features and graphics from Super Mario Bros 1, 2, 3 and Super Mario World but sadly was contacted by Nintendo and the project was shut down along with it's part on that fansite.

Orignally the people repesenting Nintendo wanted the site too but it was denied and is still up to this day. I was lucky enough to keep my copy of the game as well as all the offical DLC which came later in it's lifecycle as it is very hard to find all of it in one place. (The game is still downloadable from many places on the net)

xPi
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Post » 02 Apr 2012, 09:46

do you have any policy on linking to roms?

Sašo
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Post » 02 Apr 2012, 09:49

No. If it's an old game, we don't care.

And by old, let's say 15+ years old.

eracet
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Post » 08 Apr 2012, 05:01

If you really think about it its only promoting Mario franchise. And that is what Nintendo loves.


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