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Nintendo Takes Down Videos And Patreon From Creator Of Mario 64 Online

S

Starwolf_UK

Member
I'm starting to see so many strategy guides back in the day were called "the unauthorized" or "completely unofficial". It was not to sound cool but to offer some form of legal protection.

You know what. They sometimes even used official artwork too. Nintendo didn't storm into shops and confiscate them at all despite these clearly making money off the IPs and competing with the official tips hotline and Nintendo power etc because last time they tried something like that (threatening retailers who stocked SEGA and Atari products with non-shipments of Nintendo) they got in trouble for it. I guess over 20 years on the world wide web still is the wild west.
 
M

MrDoctor

Member
have any of the armchair lawyers in this thread heard of transformative works? what nintendo does is effectively bullying
 
jts

jts

...hate me...
Vinnk said:
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.
Click to expand...
You're not a fanboy. People here are just downright delusional with entitlement, especially when it comes to Nintendo stuff.

Who cares though. This is the good times.
 
V

Vinnk

Member
MrDoctor said:
have any of the armchair lawyers in this thread heard of transformative works? what nintendo does is effectively bullying
Click to expand...

MST3K is a transformative work. They still need to secure the rights to the movies they talk over.

But I will admit to not being a lawyer. Only took one class on media law. And that was 15 years ago.

Can you cite some sources we can use in the discussion? You are right people are just saying things and making assumptions (myself included).
 
G

Galang

Banned
I mean.. it's already risky enough working off someone else's IP.. trying to make a profit on top of that is just hella stupid. What did he expect was going to happen?
 
Randomizer

Randomizer

Member
Trying to make money off of it was dumb. But I can't see how they have any legal right to stop him making free mods, on the assumpetion that he and those that downloading it own a copy of Super Mario 64.
 
C

Chezzymann

Member
I love their games, bit Nintendo itself is such a shitty company. They should learn from Sega which loves sonic fan games and even hires people who made them
 
V

Vinnk

Member
Chezzymann said:
I love their games, bit Nintendo itself is such a shitty company. They should learn from Sega which loves sonic fan games and even hires people who made them
Click to expand...

I wonder what SEGAs reaction would have been had Christian Whitehead asked for money for his sonic remakes?

And actually SEGA originally sent him a cease and desist before hiring him on according to wiki (I know):

"In 2009, Whitehead produced a "proof-of-concept" video of Sonic CD running on an iPhone using his own custom engine, the "Retro Engine". While Sega did not initially approve this version, with Whitehead's demo video on his website being reportedly taken down due to a cease and desist order, Sega eventually changed their mind regarding it"
 
B

Boy Wander

Member
Chezzymann said:
I love their games, bit Nintendo itself is such a shitty company. They should learn from Sega which loves sonic fan games and even hires people who made them
Click to expand...

Totally different case. Sonic fan games are arguably more popular and better than real Sonic games. Not the case with Mario. Also Sonics value as an IP is literally dwarfed by that of Mario. If Sonic were a tenth as valuable I'd bet Sega would be more protective.

Also this, as others have stated, is for profit. Which again, is a totally different case. Now, even if it was for free Nintendo would likely have done the same, I'll grant you that. But to argue that Sonic fangames are the same as this case is just not true.
 
T

TheMink

Member
I think the patreon will be able to go back up legally with some careful rewording. I'm not going to comment on the morality of it or whether or not it is in fact his code and should be able to except donations for it.
 
O

orava

Member
He didn't directly ask for money for it or actually try to sell it though. It's Also freely available for everybody, patreon supporter or not. Even the source is freely downloadable.
 
C

Chezzymann

Member
Vinnk said:
I wonder what SEGAs reaction would have been had Christian Whitehead asked for money for his sonic remakes?
Click to expand...
Did he deliberately ask for money and link his pateron so that he could continue working on the mario mod, or was it just set up and "open" for people to donate if they felt like it, with no mention of the mod? That's a pretty big distinction
 
M

MrDoctor

Member
Vinnk said:
MST3K is a transformative work. They still need to secure the rights to the movies they talk over.

But I will admit to not being a lawyer. Only took one class on media law. And that was 15 years ago.

Can you cite some sources we can use in the discussion? You are right people are just saying things and making assumptions (myself included).
Click to expand...
it's the same argument for making money off of let's plays and fan art. taking donations for mods doesn't seem outright illegal
 
O

Orniletter

Banned
MrDoctor said:
have any of the armchair lawyers in this thread heard of transformative works? what nintendo does is effectively bullying
Click to expand...

This is not how "transformative work" works in the real world, even if the Jim Sterlings and Youtube "content creators" want it to.

We've been over this a million times over the last couple of years on gaf.
 
K

Koobion

Member
The patreon should have been taken down IMO. I can see why people wouldn't feel that way though, to a degree. Except that Nintendo is doing "similar" things with Switch, supposedly, with the addition of content to older games. We don't know how it's going to work though.
 
D

dogen

Member
Wamb0wneD said:
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.
Click to expand...

If it didn't add other nintendo characters to the game it would be.
 
C

Chairmanchuck

Member
MrDoctor said:
have any of the armchair lawyers in this thread heard of transformative works? what nintendo does is effectively bullying
Click to expand...

From what I have seen the mod even adds other Nintendo characters like Waluigi, Rosalina and Wario and is then sharing copyrighted material.
If its just a memory edit, sure. No problem. Not sure exactly though how its handled.

Also I have a media law degree. If its more than a memory edit, then its not a transformative work.

Koobion said:
The patreon should have been taken down IMO. I can see why people wouldn't feel that way though, to a degree. Except that Nintendo is doing "similar" things with Switch, supposedly, with the addition of content to older games. We don't know how it's going to work though.
Click to expand...

Nintendo can do whatever they want with the rights of their IPs.
 
S

Syriel

Member
SinCityAssassin said:
Also, to make it clear: The actual projects are not shut down. Kaze sends out raw code for the emulator in order for other people to modify it. As it's emulator based, they really can't stop that. They CAN stop his development videos USING SM64 with the code though
Click to expand...

Nintendo can file DMCA claims, but he could counter-notify and force them to sue.

Assuming they keep to the technical aspects, instructional videos on how to modify an existing work is a very solid fair use claim.
 
K

koss424

Member
Instro said:
They need to figure out a better way to deal with this kind of thing. I mean this is an obvious opportunity for the game to potentially reappear on Twitch or YouTube, which is incredibly useful in driving consumers these days.
Click to expand...

and people will flock to the the stores to pick up brand new copies of Mario64
 
K

Kyzer

Banned
Eh. Should be smart enough to be lowkey if youre gonna rip copyrighted material, and people need to stop expecting the onus to be on companies like Nintendo to be okay with it.
 
LordKasual

LordKasual

Banned
Tonyx said:
I don't see how this could have ended differently.
Click to expand...

well for one Nintendo could have not been little bumpy penis tips and left it alone

If SEGA was as anal as Nintendo about how the fans have been using their material, we never would have gotten Sonic Mania
 
T

Type40

Member
Starwolf_UK said:
I'm starting to see so many strategy guides back in the day were called "the unauthorized" or "completely unofficial". It was not to sound cool but to offer some form of legal protection.

You know what. They sometimes even used official artwork too. Nintendo didn't storm into shops and confiscate them at all despite these clearly making money off the IPs and competing with the official tips hotline and Nintendo power etc because last time they tried something like that (threatening retailers who stocked SEGA and Atari products with non-shipments of Nintendo) they got in trouble for it. I guess over 20 years on the world wide web still is the wild west.
Click to expand...

Nintendo sued Sandwich Island Publishing for releasing this guide a year before the game came out.

6338150._UY475_SS475_.jpg
 
O

Oersted

Member
LordKasual said:
well for one Nintendo could have not been little bumpy penis tips and left it alone

If SEGA was as anal as Nintendo about how the fans have been using their material, we never would have gotten Sonic Mania
Click to expand...

We could be getting something better than Mario Odyssey?

Why did noone tell me?
 
K

Klappdrachen

Member
LordKasual said:
well for one Nintendo could have not been little bumpy penis tips and left it alone

If SEGA was as anal as Nintendo about how the fans have been using their material, we never would have gotten Sonic Mania
Click to expand...

Sonic Mania exists because SEGA was incapable of doing it themselves. It's not a good comparison at all.
 
R

RichiRamjag

Member
Jigorath said:
Nintendo hates their fans.
Click to expand...

I wonder if the bulk of Nintendo fans have even heard of this or care. Stop being hyperbolic. Every bad choice made by a company isn’t the end of the world and this hardly means that Nintendo the company hates its fans. It’s a silly thing to say honestly.
 
P

Pandy

Member
themagicalkitsune said:
If you were a company and someone was using your IP to make money without your consent, what would you do?

Taking down youtube vids wasn't needed, but we know Nintendo has an ass-backwards mindset when it comes to youtube and their property.
Click to expand...
In fairness to Nintendo (said the guy with the Mii avatar), the videos I've seen look like silly fun, but also super glitchy. (Yes, even glitchier than the original which wasn't perfect.)

If it was my IP I wouldn't want a video of what looks like a shitty old product tarnishing the brand a month before the next highly polished game is released.
 
B

Blue-kun

Member
If companies really were "forced to take action" when people use their IP or they'd risk losing it then surely SEGA must've lost Sonic about 50 times by now.

In fact, I believe this must be the master plan. Fans are pumping out those games non-stop, it should be just about to happen... SEGA finally loses Sonic, Classic Sonic fans rejoice and enact the greatest coup of all time against Iizuka. They won't even see it coming...!
 
S

Sephzilla

Member
The dude set up a Patreon to pretty much profit off of Mario 64. This was expected.

At least this guy was smart enough to finish his mod before asking for his 5 minutes
 
SinCityAssassin

SinCityAssassin

Member
Chezzymann said:
I love their games, bit Nintendo itself is such a shitty company. They should learn from Sega which loves sonic fan games and even hires people who made them
Click to expand...

LordKasual said:
well for one Nintendo could have not been little bumpy penis tips and left it alone

If SEGA was as anal as Nintendo about how the fans have been using their material, we never would have gotten Sonic Mania
Click to expand...

It's fun how a while back we had a mod who was part of the game's development talk about how this exact line of thinking is incredibly reductive of Whitehead's own efforts on a professional level along with dozens of others just so people can say lol SEGA lets fans do games and look what happens.

And we still got people doing it.

Fucking idiotic.
 
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