Charles Brandon
Member
That wasn't sarcasm. lol.
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Nintendo Takes Down Videos And Patreon From Creator Of Mario 64 Online
- Thread starter LordOfLore
- Start date
That wasn't sarcasm. lol.
So? DSfix is also popular because it's a mod for Dark Souls. Your point?
Exactly, this is what people don't seem to get. As soon as money is at stake, and any kind of Nintendo branding is used in promotion of the product, Even if the product itself does not use Nintendo Assets then Nintendo is obligated to get involved.
Pretty sure a recent case had lawyers opining that this is kind of a myth and it has never really happened.
RichiRamjag
Member
Sure. I had totally forgotten about marios existence until I saw this.
Something that very strongly resembles Mario 64, where you can play Mario 64 with characters not in Mario 64 that aren't in the mod from the start but that are still made by Nintendo, so it's kinda techincally not Mario 64 and therefore I'm not aware of whats going on and everything is totally legal. I get it. Still don't find it ok.
Alright the part where they were working on it pre-launch was hearsay, they officially stated they'll start working on it day one. (And had something up working in a record setting amount of time, but I guess I'm conflating things). And the fact people argued it was for preservation of a game that barely hit the market is still absurd. I don't doubt a lot of people on this forum, or hell, maybe everyone here who uses CEMU does it for these purposes, or just to have Zelda in a nice resolution. I'm also damn sure that most people don't.
CreatureX3
Member
I'd rather Nintendo use there resources to continue to create new experiences like Odysse, rather than remake old ones.
Not the point at all. Point being, it was a dumb and petty move that only serves to make them look foolish.
I, Mr. Sami Nintendo, the person who is a human who made this Mario character and is just trying to make an honest living with my beloved character I created, would be okay with people doing cool mod shit for video games I personally developed by myself 20 years ago.
Or do you mean if I was an international multi-billion dollar corporation? Because in that case I don't think it fucking matters at all if the guy isn't even doing anything illegal. Going after his content when it's legal anyway is just being a dick for the sake of it.
My point is that when people are trying to make money off of other people's IP/creations/whatever, the people who OWN those things to begin with are certainly in the right if they want to put a stop to it. They aren't assholes, they're just practicing business the way they see fit.
Again, people who let this sort of thing happen aren't saints for letting it happen, it's their choice, cool. The same as companies like Nintendo aren't dicks for not letting it happen. It's understandable.
The only people who look foolish are those who think it's wrong for Nintendo to do this lol. Why is gaming the only area of artistic creation where it's frowned upon?
Does Durante has a Patreon page, where he uses Dark Souls images, videos and mentions the IP by name to convince people to give him money?
Wow, people go crazy in here. People and companies allowing others to use their IP to make money is a great exception and not the other way around.
Seconded. Games like Mario 64 and even the original Super Mario Bros. may not have the best graphics of their generation, but because the games are so iconic, the looks of the games have also become iconic, meaning 8 bit and 3D polygon Mario look like Mario, instead of an odd electronic representation of a man.
People regularly make money on YouTube making covers of popular songs. Disney has allowed several fan movies of Star Wars to exist and be monetised.
You're talking about Star Wars original trilogy? That's actually fucking hilarious. Harmy's Despecialized Editions, the most famous edit of the original trilogy, actually acknowledged by many to be the definitive version of it... Took donations. And guess fucking what? LucasArts didnt gave a shit.
Try to get better examples next time.
He has his own website, and yes, he mentions the games he fixed by names and posts videos and images of the things he fixed.
The à¹ÛBronx
Member
Even then, only the larger companies. Whenever Olly Moss' artwork for Firewatch is reused elsewhere without permission the pitchforks come out.
Apparently if you earn a lot of money you revoke your right to control that which you create.
It was the point of the first poster in this thread so...
Let's approach this from a different angle. There are many Kickstarters for iPhone accessories using iPhone imagery to promote and sell their products. That's generally considered fine.
There are people who accept donations for making mods to software, like Skyrim total conversions. There are people who accept donations to work on emulators.
This is also a mod to SM64. The distributed product has (to my knowledge) no proprietary Nintendo material. He is within his right to make this code and give it away. He can also take donations for writing his own code. Would you be fine if the patreon page didn't show any visual imagery from the game but otherwise the same? How about if it linked to images from other people using the mod? Where do you draw the line?
When can you tell a developer that he can't write his completely original code and receive donations for it? His code uses no IP. Also remember that allowing people to donate to you is not the same thing as asking for money for a product.
BassForever
Member
The guys rom hack is also adding in features and characters that weren't in any release/version of Super Mario 64 and Nintendo is likely planning to sell the game on Switch when the vc goes up and currently sells it on wii vc and wiiu vc. Nintendo could easily win a legal battle arguing the rom hack is devaluing a game they plan on and are currently selling.
Isn't his code adding in playable characters who never appeared in Mario 64? That alone is using the ip of those characters without permission.
Isn't his code adding in playable characters who never appeared in Mario 64? That alone is using the ip of those characters without permission.
BanjoLayleeYookaKazooie
Banned
Right OK, but I'm 99.9% sure that Nintendo's lawyers who went though the legalities and came to this decision did not think
"Hmmm, I wonder if this mod will actually help Nintendo by cultivating excitement around Mario... nah we hate people being excited around Mario close it all down".
The likelihood is how fun, exciting or whatever it is didn't factor into the decision making at all. It's boring lawyers and corporate executives just being boring and doing their job. You can argue that companies should look more into how much fun fans can make with their IP and that's one that could be argued for ages but just coming into a thread like this and saying "Of course, Nintendo doesn't want Mario fans to have fun" is an incredibly childish view of the situation.
I too wish for the unemployment of 100s of people.
Yeah, I can't believe how petty some people are that Nintendo dares to protect their IP.
TheDinoman
Member
You sound like a swell guy...
BanjoLayleeYookaKazooie
Banned
You're going to be very upset then at the many PR boasts Nintendo will inevitably do this holiday. You better brace yourself.
RurouniZel
Asks questions so Ezalc doesn't have to
I'll add to this by saying DSFix helps Namco Bandai sell the product itself (Dark Souls) whereas this mod (esp. considering the timing) would detract people away from a product Nintendo is trying to sell (Odyssey).
It's not that hard to tell the difference between the two mods. See also: AM2R vs Samus Returns. (To be fair to AM2R the Metroid IP actually looked kinda dead even with Federation Force and they had no way of knowing Samus Returns was in the works).
You might want to actually research about emulation before spewing bullshit, that would be nice.
Exactly the point I'm trying to make!!
People are in here criticising Nintendo for this but nobody is addressing how Nintendo characters that do not appear in Super Mario 64 are in this mod???
"Hey I made a fanproject of Uptown Funk where I have a slightly different sounding bass in it and you can download the second half of it seperately. Please give me money." "Mark Ronson is an asshole for wanting this to get taken down!"
It's a plus to them, and because they weren't in Mario 64 before and you have to load them seperately it's not Mario 64 anymore. Or something.
What bullshit am I spewing exactly? Every single person I've ever met in my life who used an emulator didn't have a Nintendo console since the N64 or even earlier, and none of them didn't try out Metroid Prime or Wind Waker. Obviously that's anecdotal but it surely was more than a dozen people. You can go on how legal it is all you want, in my eyes that doesn't make it ok.
You're twisting the Harmy editions a little bit to fit your narrative there. He's stressed over and over that they should never be sold or bought, they're only available to download via torrent, and he only ever took donations for a piece of equipment to help him make it. It was never "hey look at these, give me money to help me make them and you can watch them here!" He treaded a fine line, and I guarantee you Disney had their finger on the button throughout that whole thing.
Covers and fan films aren't the same thing as this mod, or video game mods. I specifically said "hey, I'll record myself on top of the album Zeppelin already made" - and that's what's happening here. You're playing Mario 64 with something added into it. The equivalent to a cover video would be like these Unreal demos of Ocarina of Time you see once in a while, and even that's still a bit different because you're seeing the exact same thing that's in the game.
Here's a trick:
Using Nintendo stuff results in it being taken down. And by some people's arguments, using someone else's stuff is OK.
So stick to non Nintendo stuff.
Only reason people continue to use Nintendo stuff is because it's guaranteed views. Don't see people clamouring for a remake of Zoop.
Using Nintendo stuff results in it being taken down. And by some people's arguments, using someone else's stuff is OK.
So stick to non Nintendo stuff.
Only reason people continue to use Nintendo stuff is because it's guaranteed views. Don't see people clamouring for a remake of Zoop.
This is a mod, not a remake. There is no "Nintendo stuff" being used here.
Look at all this use of Bandai Namco's IP.
If the SM64O guy had just put out a blog detailing what the mod did with maybe one or two direct-feed screenshots then maybe you'd have a case here, but he didn't. He decided on using Mario music, art-work, imagery, etc to advertise his work and got stung for it; it'd be like if I used a picture of Mario to advertise my Italian restaraunt or something, you'd bet I'd be getting a C&D in the mail if Nintendo caught wind of it.
I too wish death upon a company for removing the ability of someone to use their IP in generating revenue. All those thousands of employees deserve to lose their jobs for the actions of a few potentially-overzealous copyright lawyers.
Good thing Nintendo didn't take down the mod then.
...Except in the videos advertising and promoting it, and the name of the project...
The à¹ÛBronx
Member
So was there a mod to get Wario & Waluigi playable?
And Rosalina who isn't in Super Mario 64 or Super Mario 64 DS???
From my point of view,
The mod is not being sold or bought either.
Dude is also only taking donations to further improve the mod
Again, Nintendo has no rights over this.
Should I get shut down by Nintendo if I make a music mod for Super Mario 64 that uses 100% new and original music of my own creation?
RichiRamjag
Member
Some people take business decisions as personal slights.
The à¹ÛBronx
Member
You're genuinely arguing that Nintendo holds no rights to anything in the picture:
If you call it "Super Mario 64 Music", accept money for your efforts directly related to the project and promote it using imagery and characters from Mario? Yes.
I'm not talking about this one instance. I'm talking about every time this story comes out. It's the same song and dance.
Bringing companies like Bethesda into this conversation as them letting mods happen vs Nintendo not is odd.
Bethesda makes money on you wanting to mod bc you have to buy the base game first. Nintendo is in no equivalent position on the PC, copies of SM64 are either older legal copies people purchased long ago and ripped or otherwise.
Bethesda makes money on you wanting to mod bc you have to buy the base game first. Nintendo is in no equivalent position on the PC, copies of SM64 are either older legal copies people purchased long ago and ripped or otherwise.
Does Apple have the right of the imagery of the iPhone? If you would use the Apple logo, then this would be illegal. But the image of an iPhone would be okay (As far as i know, i looked up some article about accessories, where they mention the legally of it.).
The mod is fine, that isn't the issue and why Nintendo took it down. You draw the line by show images and mention a protected IP as the main reason, why you should give him money. If he just said "I do mods", this wouldn't have be a problem. But this of course wouldn't have made him the same amount of money as a billion dollar IP everybody knows!
It's the exact same thing.
Do feel free to explain how original code is any different from original music.
IceDoesntHelp
Banned
No surprises here.
What did he expect?
What did he expect?
Why are you even discussing the mod itself when Nintendo hasn't taken the mod down?
Keep playing semantics.
The ๖ۜBronx;249422997 said:
You're right, no Nintendo stuff whatsoever:
Seriously.