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Nintendo Takes Down Videos And Patreon From Creator Of Mario 64 Online
- Thread starter LordOfLore
- Start date
The mod wasn't touched, just the Patreon and videos.
Chairmanchuck
Member
The mod is using Waluigi, Luigi and Rosalina models.
The creator of the mod doesnt have the rights to use them, regardless whether he made them himself or not.
This is all there is to it. People are arguing Nintendo had no right to take down original code. This is true and they didn't.
Other people are arguing that Nintendo did have the right to take down promotional material that utilized their IP, and the patreon account that received money as a result. This is true and they did.
Can we be done with this now?
Altered Juice
Member
His first mistake was trying to make waluigi relevant.
Do feel free to keep ignoring that screenshot that's going around this thread. Original code doesn't mean shit while that's happening. And as others have said, the dude is using the base game and IP to market the mod and his patreon, he's not putting up a really minimal site saying "here's a mod to let you play Mario 64 online" and then leaving it be. He's posting videos, using Nintendo characters in the mod, etc. etc. Adding original music to a game with a simple mod isn't the same thing.
Also this.
That this starts the ususal "Nintendo are anticonsumer dickheads again" news wave like it does everytime and therefore grants him more patreon money.
In BernardoOne's eyes this is the same thing as DSfix lmao.
Just you wait until Retro's next game is revealed to be the Stealth Romance game we've all been waiting for.
Just you wait.
AdmiralMikey
Member
This guy's got the right idea! Little do we know that Nintendo is working on Mario 64 Online right now and has been the whole time!
This is standard procedure.
Ah okay. Appreciate the clarification.
Trickster
Member
The thing is that it's not like this is the only thing Nintendo does to shut down anything their community does.
Bony Manifesto
Member
I like that the guys at the centre of this are always super-chill about everything, and it's only people who don't have a horse in the race that take up weapons to passionately defend (or more likely attack) the individual or Nintendo.
Yeah, there's absolutely no Nintendo fan content anywhere on the internet.
Nintendo only gets involved when money is at stake.
Providing the mod has absolutely no code from the game in it, or Nintendo models, and its just a mod that adjusts memory addresses,
I see absolutely no problem with the existence and monetisation of it.
As far as im concerned, its no different to a game genie.
Game genies were ruled LEGAL in the US.
It was Nintendo who took them to court and lost. The judge ruled that the Game Genie did not violate Nintendo's copyrights.
Its a real shame took because this is a fantastic piece of work.
I think the mistake he made was including any references to Mario in its promotion.
Someone might have a better memory than me but i don't recall game genie promoting itself using footage from the game with the modifications on.
I see absolutely no problem with the existence and monetisation of it.
As far as im concerned, its no different to a game genie.
Game genies were ruled LEGAL in the US.
It was Nintendo who took them to court and lost. The judge ruled that the Game Genie did not violate Nintendo's copyrights.
Its a real shame took because this is a fantastic piece of work.
I think the mistake he made was including any references to Mario in its promotion.
Someone might have a better memory than me but i don't recall game genie promoting itself using footage from the game with the modifications on.
The à¹ÛBronx
Member
Then don't buy their products if it does bother you. They have the right to control their creations regardless of how old-fashioned their attitude is. No one has an issue with smaller companies or creatives exercising that right, only large corporations. It's so bewildering.
The precedent of people being able to promote, profit or create whatever using anyone's IP's would be far worse for the industry.
Chairmanchuck
Member
I just wonder how does the mod would add the new character models?
RurouniZel
Asks questions so Ezalc doesn't have to
And they are right to be pillared for those egregious examples when applicable.
Throwing shit Nintendo's way when they're right and only took down the correct items (and not the mod itself) because of previous shit makes people who shit on them look stupider, not smarter. It actually emboldens Nintendo's defenders when they defend indefensible actions because now they get to use the same method as people in this thread have been against Nintendo, shutting down "haters" based on "previously being in the wrong,"
I assume it edits the memory addresses in such a way to allow the loading of an external model.
I haven't used it so maybe someone else can comment.
The à¹ÛBronx
Member
The work is still there, just pointing it out as your post made it sound like you thought the mod was taken down.
The ๖ۜBronx;249425367 said:
My bad, I was well aware the mod was still up. I didn't mean to make it sound like it was taken down.
I meant it in more of a 'providing the mod only adjusts the memory addresses of the game and is all his own code, its a shame he cant make any money'.
But yeah given that hes used Mario in the promotion materials, it muddies the water a bit. I can see why Nintendo have done what they've done.
Foxy the Fox
Member
While is a dick move to take down the Patreon, the videos are bullshit.
And people said that companies taking down videos using the DMCA is not going to be a slippery slope.
And people said that companies taking down videos using the DMCA is not going to be a slippery slope.
RurouniZel
Asks questions so Ezalc doesn't have to
And Nintendo left the program intact as they should. But I'd like to use your Game Genie example to make a point.
Take a good look at the box.
Note how it does not reference any games by name or show any imagery; only "most popular games,". Additionally there is no logo on the cart for the same reason. This person was using Nintendo IP name and imagery to promote their patreon. Game Genie is an example of how to do it right and as you say, win legally.
AndrewDean84xX
Banned
If only there was a new exciting Mario game releasing this fall that's caprured the gaming worlds attention. NintenDOOMed.
Bony Manifesto
Member
Except with the new laws that vastly increase the scope technology companies have to enforce their copyrights (namely the DMCA) Game Genies would almost certainly be illegal today.
Matter-of-fact descriptive statements like "this Emulator X mod adds co-op play to Super Mario 64" or "this floor mat is sized for exact fit to Audi A4 Sedan (2015)", accompanied by clear disclaimers that the mod and the mat are not made or endorsed by Emulator X, Nintendo or Audi, should absolutely be covered by fair use. As should any media which only shows enough of the game or the car necessary to demonstrate the function and fit of the mod or the floor mat.
I researched a little and you can mention, that a floor mat is usable for a Audi A4 Sedan (2015), but you can't use copy-protected icons and images from Audi. You can use your picture of an Audi, but you have to be careful to show the logo.
I never saw his Patreon page. Did he used Nintendo assets? Because I think the act itself is legal (or should be).
Schnozberry
Member
Nintendo took down the Patreon because it contained videos that used their characters, and the text of the Patreon referenced one of their commercial products (Mario 64) as a selling point for the Mod. With some careful rewording and some new videos that show off the mod without Nintendo IP, everything can go back up.
nicolasacmf
Member
This dude made a Patreon and was earning money thanks to Mario 64 and people are saying that taking it down was a dick move by Nintendo? I... what?
Mmm,. The videos might be a tough one. Would a reskin be enough? Who owns the Croc IP?
Captain Europe
Member
Oh I have no issues with them taking down the patreon, making money off of other people's creations is weird. But this probably would have happened even without the patreon thing.
yukimeans_snow
Member
yeah, them making consistently good games just isn't enough for me. Taking down stupid Patreons sets them way back
/s
Wowfunhappy
Member
Youtube is kind of crappy, but I can totally understand them not wanting that Patreon.
What? Some dude is making money off their intelectual property. I'd shut it down too if I were Nintendo.
hydragonwarrior
Member
I hate Nintendo's policy but I'm surprised why the creator didn't just keep this as a low-key release. The moment I saw a thread and even a youtube video about a major release like this I knew Nintendo was going to track them down like in Taken.
Look at it this way..
Write your Star Wars fanfic and post text to the internet for free. No one is going to stop you.
Make a Kickstarter to film a "Star Wars Style" sci-fi movie. You should be in the clear.
Now the moment you put up a funding site for your Star Wars Fanfics that uses the Star Wars logo or photos of Han Solo, you can expect a take down.
Put up a Kickstarter with a title like "Going to make a Star Wars spinoff movie" and use some assets there, you won't make it the day.
But I know. I'm a fanboy. Nintendo IP should be free.
Write your Star Wars fanfic and post text to the internet for free. No one is going to stop you.
Make a Kickstarter to film a "Star Wars Style" sci-fi movie. You should be in the clear.
Now the moment you put up a funding site for your Star Wars Fanfics that uses the Star Wars logo or photos of Han Solo, you can expect a take down.
Put up a Kickstarter with a title like "Going to make a Star Wars spinoff movie" and use some assets there, you won't make it the day.
But I know. I'm a fanboy. Nintendo IP should be free.
Reptars Revenge
Member
Nah you can't lose the rights, doing nothing only prevents you from collecting damages from acts of infringement outside of the years of statutory protection but each time they use the copyright is a new act of infringement. Out of IP only Trademarks you can lose the rights to by doing nothing.
first post ftw holy shit.
Shadowfrosty
Neo Member
There is a crazy amount of irony in this post. Seriously do some research on what you're talking about before insulting other over it because most of what I've heard from people with knowledge in this field of law definitely believe Nintendo is entirely in their legal right to do what they did.
It's fine to disagree with what they're doing but don't start talking out of your ass if you don't want to seem like one.
jts
...hate me...
That poster straight up ignores everything that goes against his narrtive, no use in trying to call him/her out on it. Seems to be gone from this thread anyway.