Visualante2
Member
As we see a rise of commercial modding opportunities like Bethesda's Creators club this is an incredibly worrying precedent.
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Nintendo Takes Down Videos And Patreon From Creator Of Mario 64 Online
- Thread starter LordOfLore
- Start date
PartTimeWarrior
Banned
It's their IP. You can't make money using someone else's creation. That's not how it works
No shit. At this point I'm sure the people willingly put this online in a way everyone knows are doing it for publicity. Ain't no better way than letting Nintendo shut down your game and let the internet do the rest for you.
Taking down the Patreon is harsh but they made money off of this after all.
Taking down the Patreon is harsh but they made money off of this after all.
THey were making money off their IP. It's not that hard.
Novel Mike
Member
For those who don't seem to understand why Nintendo went after his Patreon its actually pretty simple. He post videos of his work on their as well as mentioning what he did with SM64 so he in effect was using their IP to generate donations, you cannot do that and Nintendo had every right to go after him.
fleshrender
Member
Why do people keep doing things with Nintendo IP when you know they're just going to get taken down?
They aren't doing that. The only thing they distribute doesn't contain any of Nintendo's copyrighted code. (That's probably why it's still up)
I think they could redesign the Patreon presence to be entirely in compliance with copyright law.
Because a large part of the gaming side of the internet will automatically side with you and support your patreon when it gets taken down.
They could do that. Still wouldn't make it morally ok.
peanutbutterlatte
Member
lol it was taking money for licensed IP
Mario don't need interest or excitement. Mario Oddysey will sell thousands regardless.
Stallion Dan
Member
It was making Odyssey look bad with its lack of proper multiplayer.
Why?
They aren't using anyone else's creation. The code is 100% his.
The only thing that isn't morally ok is Nintendo being dipshits about modding and fan creations in general.
Because it's not their damn IP and they make money off it. I know I'm old-fashioned in this regard, but I think that's simply something you don't do. It can be legal no problem, are lot of things are legal that shouldn't be.
But I'm also one of those people who think that the majority of emulator users never even had the thought of "preservation".
It was called Mario 64 Online and you could play Mario in the normal ass levels that Mario 64 had. It's called intellectual property, not code property.
Fan creations where the creation make the creator money, ok.
Nin left it up long enough that people will still be able to be aware and access the program and stopped people from making money off their IP without permission. Very reasonable.
What intelectual property? The mod doesn't come with a Mario model. The mod doesn't come with the "normal ass levels". The mod its own thing. Nintendo owns nothing on it.
It's for Mario 64, someone else's creation.
That's strange, whenever I saw footage of the project I saw Marios and Waluigis jumping around in the first level of Mario 64.
Honestly I personally couldn't care less what if this is "morally ok".
Nintendo is a abusive company that constantly works against the community.
They're abusing fair use in Youtube like the mafia and you can do nothing about it.
Showing Nintendo games footage even in a video which is not a let's play could get you targeted and you have to remove footage of their game.
All other companies already got the notice that those things help (e.g. PUBG twitch/youtube presence made it popular).
The Just Cause developers even supported modders to develop and release their mod for JC 2 and 3 for Steam.
Nintendo is the last company I would give the benefit of the doubt or even support their decisions.
Hopefully thr modder starts a new patreon which is focusing on him with less mention of Nintendo. Maybe that helps.
So? It's still it's own thing, its own code. Nintendo has no rights over it.
Are you fucking going to tell me you think it would be "morally right" for Namco to go after Durante because of his DSFix because he accepts donations? You have one fucked up view of morality if so.
😓
Yup that mod had Wario's & Waluigi's running around in the video.
Those characters don't appear in Super Mario 64. They are in the DS version though.
Charles Brandon
Member
Yeah surely Waluigi is Nintendo IP, which forces Nintendo to take it down because, if they didn't, they would lose their rights to that character (and the others that were used). My understanding is that you have to take steps to protect your rights or you lose them.
You're sarcasm isn't addressing what he was saying.
People are saying that the mod had no Nintendo owned code at all. But the video of the mod had Wario & Waluigi - who aren't in Super Mario 64 (1996). In fact Waluigi first appeared in Mario Tennis in 2000.
As far as I know those are separated mods that can be integrated into the online.
This is 100% incorrect.
LightningXCE
Member
They did this to us with Prism, though.
If you don't support their decisions (which I could understand) don't play their games.
When people were arguing that CEMU is built for preservation in mind first while they started to "preserve" a game that wasn't even released at that point (BotW) I didn't even know what to say. It's so damn absurd.
Maybe the modder should do something that's not related to Nintendo's IP if they are such dickheads. Them being assholes doesn't justify using their IP and making money off it.
But doesn't the point still stand that regardless of if the mod code was original, and even if the code itself doesn't use the mario assets, Mario assets, branding, and IP are being used to promote the mod and encourage income for the creator via patreon donations, all without permission of the copyright holder? That seems to me like something Nintendo legally has to take action on if they are aware of it.
The à¹ÛBronx
Member
This isn't anything new nor is as any aspect of this particular case worrying. They're well within their rights to do so and it was entirely expected to happen. Regardless of their size Nintendo should have the right to restrict who can use, and profit from, their creative properties.
TheDeadHeroAlistair
Member
Nintendo has rights over the ROM image (and therefore the code of the game), images, and trademark and copyrighted names that are being used for the project. Thus, they do have a right to shutdown the YouTube and Patreon accounts. What you say is true about the emulator for the most part, however the fact that the mod is intrinsically linked to Super Mario 64, where Nintendo is the sole rights holder, muddies everything up. I'm not arguing the morality of the subject, but this where everything is at.
jediyoshi
Member
This isn't a thing that happened.
Azelover
Titanic was called the Ship of Dreams, and it was. It really was.
OK, this is gonna sound very uninformed but I'm happy to learn. Unless they're buried somewhere, I don't quite remember the original game having characters like Waluigi or even Luigi. Wouldn't that be his code? And aren't those characters Nintendo IP? I don't understand.
If you are really going to argue that the DSFix (btw thanks Durante) and Mario 64 online are the same thing then have fun with that. I'm not even arguing it's morally ok for Nintendo to do this, but that it's not morally ok for that "fanproject" to make money off Nintendo's IP. We all know these IP laws were mostly made in a time where games media was not really a thing. These grey areas exist and that's ok, but I don't have to personally find it ok if someone uses them monitarily.
They are still Nintendo's IP, and the level they are running around in surely belongs to Mario 64. Maybe he removed one of the boulders rolling around and now it's suddenly his.
That most definetly happened.
theaffection
Member
This sucks. Not like Nintendo is losing money from it. Hell, they aren't losing ANYTHING from this existing!
They're just being jerks for the hell of it -_-
They're just being jerks for the hell of it -_-
I don't really understand why people get angry with Nintendo for this sort of thing. Other companies LET people mod their shit and use it as their own, they can certainly stop it if they want to as well, they just don't. Nintendo chooses to stop it. Nothing says they should or have to let things like this go.
It's like two apple stands at the market. One of them lets people use their name and apples to put up stands of their own in front of their house, and they don't care if people make money from it. The other stand doesn't like people doing that, they think that if people will be buying their apples, it should be from them, and they should get the profit.
Two different outlooks on business, doesn't mean one is wrong, or one is being more of a dick.
It's like two apple stands at the market. One of them lets people use their name and apples to put up stands of their own in front of their house, and they don't care if people make money from it. The other stand doesn't like people doing that, they think that if people will be buying their apples, it should be from them, and they should get the profit.
Two different outlooks on business, doesn't mean one is wrong, or one is being more of a dick.
jediyoshi
Member
So to clarify, you're not actually aware of the nature of the mod to begin with? The part where the user is providing the rom? What do you actually think was distributed?
It didn't. You have no proof or documentation from the developers. At best you completely misread other people's hearsay pre-launch and still conflated that with some kind of official statement.
The à¹ÛBronx
Member
So you believe that companies should lose the right to control their creative/intellectual properties once they're a certain size? People steal Olly Moss' artwork for Firewatch and we'll burn them at the stake so at what point does it become acceptable for people to use other people's work and property for whatever they'd like?
sixteen-bit
Member
Considering AM2R and Samus Returns, is an official multiplayer Mario 64 incoming?
It doesn't matter if they aren't losing money off of it, other people are making money off of it by using their IP and branding to promote the project and receive revenue via patreon donations. As the IP holder, if Nintendo doesn't take action, they lose the ability to challenge future infringements. Given the Mario is likely one of the most valueable IPs on the planet, they aren't going to let this happen.
giancarlo123x
Banned
Someone make an online multiplayer mod for Mario Party so I can get that please.
They are external mods using their own code. They are the exact same fucking thing. Both should be able to get donations.
Also I don't see the issue with getting BoTW working, that's the dumbest complaint I've heard yet. Yeah let's have emulator have some shitty arbitrary date for when they can be developed, what a smart idea.
Once again, categorically false.
Both the Patreon and, by extension, the videos used Nintendo IP to generate potential cash for the guy, Nintendo has every right to take them down. Arguing that because he's using his own code for the baseline infrastructure of the mod itself (not his engine, though) that the entire thing is fine is strange to me. If Nintendo took the mod itself down then, yeah, I'd probably have an issue with it, but they didn't and they aren't going to. They only took down the ways in which the modder was generating revenue by directly using Nintendo IP.
Yeah I'm sure the guy's Patreon would've been really popular if this was based on some random IP the guy came up with himself and not MARIO.
I never said anything about morality. I would think it's the patreon that made Nintendo come after them.
Captain Europe
Member
Shame, so pointless, just let the fans have fun.
Let the fans have fun making money off of someone else's creation.
Hey, while I'm at it, why don't I go ahead and record my own guitar part onto each song of Led Zeppelin II, start a patreon to help people pay for the recording gear and who get copies of the album when I'm done, and then once it's all said and done, I'll put it up on YouTube and possibly get ad revenue from it.
Or I could even edit the original Star Wars trilogy to be black and white, ask people to pay me to do it, and then put em' up on YouTube to get ad revenue.
We'll see how song they let that shit happen for lol.
BanjoLayleeYookaKazooie
Banned
Wow GhostTrick's post was really not thought through for like even 2 seconds lmao.
But yeah it's hardly surprising at this point, though it's a shame considering how good it is, having watched a few people play it.
But yeah it's hardly surprising at this point, though it's a shame considering how good it is, having watched a few people play it.
We were'nt sure how Wario & Waluigi appear in the videos of the mod. Because those two characters aren't in Super Mario 64 on the N64.
No. Nintendo has always shut down fan projects that take donations. Usually, other than in specific cases like AM2R, they don't touch projects that don't have an option for donations involved.