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Nintendo hits a Metroid fansite with a DMCA Takedown notice, file no longer hosted

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Razorskin

----- ------
They should've kept it as is, but release it under the title Ghost Song 2, Nintendo would've been none the wiser.
 

LordRaptor

Member
Again, Sonic fan games. What say you?

...

I recognize the difference, it's obvious, but I'm not sure if Nintendo's approach is actually doing anything for them.

But you seem to be under the misapprehension that there aren't any Mario fangames floating around out there....?
 

RPGCrazied

Member
I told you. Selling it or not, its still Nintendo's IP. But yeah, they waited a little to long for this one. Its out there, and I have it!
 

JoeFu

Banned
I really don't get why everybody is talking like the site is down and the game was removed. The person who said the they received a takedown notice wasn't even the main site for game, but a metroid fansite.



Guy who made game tweeted he never received anything.

Game is still up

You can still download

Why so much misinformation, I'm so confused.
 

KingBroly

Banned
Again, Sonic fan games. What say you?

Valve embraced those people in a way that made it work for all parties, right?

I recognize the difference, it's obvious, but I'm not sure if Nintendo's approach is actually doing anything for them.

At the present time, Sonic fan games aren't doing Sonic any favors, nor are the official games. Sonic, as an IP, is still widely considered as a joke, and its' popularity continues to slip for a variety of reasons, the series' fans, and how they are perceived, included.

If Nintendo starts licensing out their IP's wholesale like they did in the 90's, you run the risk of shit like Mario is Missing and the CD-i Zelda games happening. Nintendo games, their IP's, are supposed to be known for their quality, but they tried what you're suggesting before, and it simply didn't work. On top of this, licensing out their IP's too much would over-saturate their brands, which is also a bad thing, even if all the games were 10 out of 10.
 

NotLiquid

Member
I really don't get why everybody is talking like the site is down and the game was removed. The person who said the they received a takedown notice wasn't even the main site for game, but a metroid fansite.



Guy who made game tweeted he never received anything.

Game is still up

You can still download

Why so much misinformation, I'm so confused.

I was also under the impression that this is the kind of thing you get sent a cease-and-desist over instead of a DMCA takedown. It's not like the original site and creator are hard to find here.
 

Nishastra

Banned
I was also under the impression that this is the kind of thing you get sent a cease-and-desist over instead of a DMCA takedown. It's not like the original site and creator are hard to find here.
Yes, there would never be a "DMCA" for AM2R. That doesn't even make sense. The DMCA is about piracy.
 

Saven

Banned
To be fair I think Bombergames was also asking for donations. My memory is fuzzy on that one though, since it's been a looooong time.

False, I have been an active member in the Bombergames/Streets of Rage Remake community for a long time now and the donations were only to keep the forums running as the bandwidth back then was costing Bomberlink quite a bit. Bomberlink gave the reasoning behind the C&D notice on this post: http://www.bombergames.net/forum/viewtopic.php?f=8&t=1012

He explains that there was no permission from Sega of Japan to distribute a Streets of Rage game, and Sega of Europe requested that the game be taken down. I know an older GAF member mentioned that it was about profiting off of the project, but I tried to contact him for proof with contacting Bombergames (because he supposedly did and mentioned as such in a post awhile back). I never did get a response from him on that matter, so it's safe to say the whole donations were made for the game itself rumor is false.
 
Sorry dude, I can't understand why this doesn't make sense to you. These are the rules.

When a Jury is deciding one something such as an infringement case, they aren't comprised of experts in the field. They probably won't understand the difference between fan-games and rip-offs, and if it is brought up that "X" was allowed to exist when it fits the same criteria as "Y", that Jury may well end up siding with the infringing party. Any cases of trademark or copyright infringement left undefended weaken the case of the owner in subsequent defences. (IIRC there is some wiggle room for cases where it would have been incredibly difficult for the owner to know about the infringement)

I don't have any examples for you in games, but here's a big list of trademarks that have been lost due to them becoming "generic". They were not defended by their owners and are now in the public domain.

It's important to note as well that "losing" the IP is probably the wrong word. I mean that they owner has no legal ground to prevent anyone else from using their IP.

Also, I really don't know what the deal is with Sonic, but I'm going to try to find out. I'd imagine that in an industry such as this, where (until relatively recently) people needed significant funding in order to make a game, ripping off one of the most iconic and recognisable characters in the medium was not a solid business plan. The Legal costs would be staggering. However, Considering the number of (non-gaming) companies that have lost IP due to failing to take action, I would say the "sonic-state" is an exception rather than a solid basis for a counter-argument.

Finally, I don't know what you mean about reproduction-games. You'll need to elaborate on that one.


So you cant prove that not defending an IP will make company lose it, then why bring it up. The thing with generic is a different matter entirely which is why we have generic drugs.

Heres a link to a page of a reproduction game
https://gamereproductions.com/~gamerepr/index.php?dispatch=products.view&product_id=238

Same thing but someone is making money from this. This site has been up for years and Nintendo has yet to make a C&D order against them.
 

Maxim726X

Member
Who cares what if they did. It's out there now, you can't stop the Internet.

The only bad thing about this will be the "I told you so" posts in this thread.

Much better than the 'No, idiots! Nintendo has no history of doing this!!' Since, you know, one is objectively false.
 
At the present time, Sonic fan games aren't doing Sonic any favors, nor are the official games. Sonic, as an IP, is still widely considered as a joke, and its' popularity continues to slip for a variety of reasons, the series' fans, and how they are perceived, included.

If Nintendo starts licensing out their IP's wholesale like they did in the 90's, you run the risk of shit like Mario is Missing and the CD-i Zelda games happening. Nintendo games, their IP's, are supposed to be known for their quality, but they tried what you're suggesting before, and it simply didn't work. On top of this, licensing out their IP's too much would over-saturate their brands, which is also a bad thing, even if all the games were 10 out of 10.

Sonic has been a joke for years and fan made games dident make it that way. Sonic became a Joke when Sega made bad games which fan made games eclipse them. Thats why Sega brought on people who made fan made to make Sonic Mania.
 

ZAMtendo

Obliterating everything that's not your friend
If I was Nintendo I would do the same...to ALL of the copyright breachers.
 

dark10x

Digital Foundry pixel pusher
Seriously now, AM2R is using Nintendo's IP without their permission, doesn't matter if you like it or not. No idea what makes you think otherwise.
This is true, but I'm just glad the game was released in the first place. No matter what actions Nintendo takes, the game is out there so we did get to play it. That's really what matters here.

It's just like the Powerslave EX situation.
 
This is true, but I'm just glad the game was released in the first place. No matter what actions Nintendo takes, the game is out there so we did get to play it. That's really what matters here.

It's just like the Powerslave EX situation.

Yeah, whatever's gone on here at least they're not square-enix. They at worst allowed it to come out and get disseminated before upholding their IP.

Still no clue how legit this is though. A DMCA rather then a C&D, AND to the wrong place.
 
b7LVK1C.jpg


There's a reason I downloaded AM2R ASAP.

EDIT:

They should've kept it as is, but release it under the title Ghost Song 2, Nintendo would've been none the wiser.

Yeah, Nintendo probably doesn't even know what a 2D Metroid even looks like anymore XD :I :(
 

mhayes86

Member
I just downloaded the torrent to check: http://metroid2remake.blogspot.com/

It's still up.

Metroid database != am2r site?

Edit: I guess no one reads fourth post, huh?

Who is metroid database? They're not the AM2R site, so who are they?

Right; Metroid Database has nothing to do with AM2R, and that site is still active with the game intact for download. Someone in the AM2R OT mentioned that Nintendo tends to shut down things that compete with their own products, or can be misconstrued as their official product. If Metroid Database is a huge fan site, perhaps they requested the removal of the game from being hosted there to not be thought of as an official release, or just don't want it circulated anywhere other than the AM2R dev's site. I'm just pulling that out of my ass, but that's my guess.

If AM2R was going to be shut down entirely, I imagine that Nintendo would have done that long ago.
 

Ladekabel

Member
What are people freaking out about? I didn't seem them announcing that the notice is legit and the guy who did the remake didn't recieve one afaik. What is it about Nintendo that makes some peoples' brain tilt?
 

ShadowOwl

Member
This is true, but I'm just glad the game was released in the first place. No matter what actions Nintendo takes, the game is out there so we did get to play it. That's really what matters here.

It's just like the Powerslave EX situation.
Oh, don't get me wrong, I'm SO glad that AM2R was released.
 
So you cant prove that not defending an IP will make company lose it, then why bring it up. The thing with generic is a different matter entirely which is why we have generic drugs.

Heres a link to a page of a reproduction game
https://gamereproductions.com/~gamerepr/index.php?dispatch=products.view&product_id=238

Same thing but someone is making money from this. This site has been up for years and Nintendo has yet to make a C&D order against them.

I'm not a lawyer. I don't have this information immediately on-hand, but saying "It hasn't happened therefore it can't happen" is utterly foolish.

As for that repro thing, I'd say that looks like major copyright infringement. Again, I don't know why there haven't been C&Ds because I don't work in Nintendo's legal department. If I had to make a guess, I'd say it's because they're not very well known. I'd never heard of them anyway, unlike this metroid remake.
 

Joey Ravn

Banned
Nintendo keeps being an asshole.

Anyway, Internet will deliver this time. Nintendo can't face the whole Internet.

I'm glad I've downloaded it before the close. Now I will distribute it as far as possible.

Cat's out of the bag since the torrent is available. They are going to have a very tough time keeping the game from being distributed. Why even bother?

You know where you can find this game?

On its official website: http://metroid2remake.blogspot.com.es/

Because Nintendo has done NOTHING against this fan remake. They are not trying to stop it. They are not trying to "face the whole Internet". They haven't even contacted the dude who made the remake. I honestly don't know what you're all getting upset about. Have you not even read the OP?
 

Corpekata

Banned
Trademark Genericide is not really a thing when it comes to works of art and entertainment. It could have possibly happened to Nintendo in regards to the NES, with a nintendo equaling a video game console, but it does not happen to books, movies, games, etc. Only hardware and peripherals are in danger of that.

What they do have to worry about is falling into the public domain, though thanks to Disney that's pretty much a non issue.
 

ShadowOwl

Member
Because Nintendo has done NOTHING against this fan remake. They are not trying to stop it. They are not trying to "face the whole Internet". They haven't even contacted the dude who made the remake. I honestly don't know what you're all getting upset about. Have you not even read the OP?
Eh, taking down one of the official mirrors is at least to some degree trying to stop it. We don't even know if the other 3rd party mirrors have received DMCA notices.

Let's just wait and see, it's very early in the morning in US and I'm pretty sure that we will get some new info on this matter today.
 

Joey Ravn

Banned
Eh, taking down one of the official mirrors is at least to some degree trying to stop it. We don't even know if the other 3rd party mirrors have received DMCA notices.

Let's just wait and see, it's very early in the morning in US and I'm pretty sure that we will get some new info on this matter today.

Why would they take down a mirror before the main site? It makes absolutely no logic to think they would do that if they are trying to "stop" this fan remake. They could have enforced they copyright years ago. Why wait until now? And if any other third party mirrors had received any DMCA takedown notice, we would have known by now.

But, hey: damned if you do, damned if you don't, Nintendo!
 

Garlador

Member
Whether they let it stay up or not, Nintendo themselves has done NOTHING for Metroid's 30th Anniversary.

The fact the most exciting thing about the 30th Anniversary is the fan-remake of Metroid II tells you everything.

C'mon, Nintendo. You've kicked Metroid fans down for the past six years. No need to be vindictive about it.
 

ShadowOwl

Member
Why would they take down a mirror before the main site? It makes absolutely no logic to think they would do that if they are trying to "stop" this fan remake. They could have enforced they copyright years ago. Why wait until now? And if any other third party mirrors had received any DMCA takedown notice, we would have known by now.
It was the only the smallest mirror, while all the other mirrors are handled by big third party companies which get a TON of DMCA takedown requests every day. And the mail received by Metroid Database arrived most likely on frigging Sunday evening.
 

Nairume

Banned
Right; Metroid Database has nothing to do with AM2R, and that site is still active with the game intact for download. Someone in the AM2R OT mentioned that Nintendo tends to shut down things that compete with their own products, or can be misconstrued as their official product. If Metroid Database is a huge fan site, perhaps they requested the removal of the game from being hosted there to not be thought of as an official release, or just don't want it circulated anywhere other than the AM2R dev's site. I'm just pulling that out of my ass, but that's my guess.
Alternatively, they targeted Metroid Database specifically because MD sells their own merch and them rehosting AM2R could be seen as a way of driving visitors to their site to see that stuff.

Whether they let it stay up or not, Nintendo themselves has done NOTHING for Metroid's 30th Anniversary.

The fact the most exciting thing about the 30th Anniversary is the fan-remake of Metroid II tells you everything.

C'mon, Nintendo. You've kicked Metroid fans down for the past six years. No need to be vindictive about it.
For what it's worth, there's a point to be made that people are not helping AM2R endear itself to Nintendo when they act like it's the only Metroid thing happening this month/at all when Nintendo is releasing a new Metroid game in less than two weeks.

Whether or not Federation Force is something that people are actually happy or not is irrelevant when fans are inadvertently positioning AM2R as effectively being competition.
 

Garlador

Member
For what it's worth, there's a point to be made that people are not helping AM2R endear itself to Nintendo when they act like it's the only Metroid thing happening this month/at all when Nintendo is releasing a new Metroid game in less than two weeks.

Whether or not Federation Force is something that people are actually happy or not is irrelevant when fans are inadvertently positioning AM2R as effectively being competition.

See, while I get what you're saying, that's a problem with NINTENDO, not the fans who have been clamoring for a Metroidvania, classic-style exploration game (ESPECIALLY a traditional side-scrolling installment) since bloody 2004(!). There hasn't been an old-school Metroid game like AM2R in nearly 12 years! That's INSANE to me.

And, regardless of Federation Force's quality or reception (I'm going to give it a shot), it's not even close to the gameplay style or presentation that neglected Metroid fans have wanted (again, even more so if you're a fan of the 2D installments). It's effectively a spin-off with none of the gameplay features or world design that made Metroid so famous and beloved.

It's not "competition" other than sharing the name anymore than Mobius Final Fantasy is competition for Final Fantasy XV. They're two entirely different beasts altogether.

... And I'll peg that separate on NINTENDO, because obviously the demand is there for a proper old-school Metroid experience, but Nintendo decided not to cater to that audience and has done something different instead. That's not entirely bad, but it's still disappointing to the fans who grew up with, treasure, and value that traditional experience (enough to make their own when Nintendo won't bother).

Nintendo decide to release Metroid 2 remake. People are like "nope, why pay when I has it free", see the problem?
Wouldn't be the same game, though. If Bethesda tried to charge money for a "Turn a Dragon into Macho Man Randy Savage" DLC, when that mod already exists, is the mod creator who initial made it somehow in the wrong?
 

Lutherian

Member
See, while I get what you're saying, that's a problem with NINTENDO, not the fans who have been clamoring for a Metroidvania, classic-style exploration game (ESPECIALLY a traditional side-scrolling installment) since bloody 2004(!). There hasn't been an old-school Metroid game like AM2R in nearly 12 years! That's INSANE to me.

And, regardless of Federation Force's quality or reception (I'm going to give it a shot), it's not even close to the gameplay style or presentation that neglected Metroid fans have wanted (again, even more so if you're a fan of the 2D installments). It's effectively a spin-off with none of the gameplay features or world design that made Metroid so famous and beloved.

It's not "competition" other than sharing the name anymore than Mobius Final Fantasy is competition for Final Fantasy XV. They're two entirely different beasts altogether.

... And I'll peg that separate on NINTENDO, because obviously the demand is there for a proper old-school Metroid experience, but Nintendo decided not to cater to that audience and has done something different instead. That's not entirely bad, but it's still disappointing to the fans who grew up with, treasure, and value that traditional experience (enough to make their own when Nintendo won't bother).


Wouldn't be the same game, though. If Bethesda tried to charge money for a "Turn a Dragon into Macho Man Randy Savage" DLC, when that mod already exists, is the mod creator who initial made it somehow in the wrong?

You should play Axiom Verge, it's great !
 

Zunnoab

Neo Member
Alternatively, they targeted Metroid Database specifically because MD sells their own merch and them rehosting AM2R could be seen as a way of driving visitors to their site to see that stuff.


For what it's worth, there's a point to be made that people are not helping AM2R endear itself to Nintendo when they act like it's the only Metroid thing happening this month/at all when Nintendo is releasing a new Metroid game in less than two weeks.

Whether or not Federation Force is something that people are actually happy or not is irrelevant when fans are inadvertently positioning AM2R as effectively being competition.
If Nintendo really did go after AM2R all it would do is further embitter people who already are ticked off about Federation Force. It would easily do more damage than good.

Unrelated to the quote above, it's an interesting phenomenon online seeing wild assumptions being treated as fact. I really wish I'd have saved where I saw it, but I read quite a long explanation as to how the notion that they will magically lose their rights to the franchise over fan games is false. Nevermind the oodles of fan projects that aren't shut down. Heck even emulating servers: Contrast Activision-Blizzard's nonsense response claiming allowing the WoW legacy fan server is impossible while Daybreak publicly granted the right for Project99 (a legacy EverQuest fan server) to exist (making Activation-Blizzard's statement look remarkably foolish since the Project99 blessing came before the WoW fan server takedown).

That big list of examples posted earlier doesn't really prove anything when that list was about trademarks being used in general speech to refer to products and had nothing to do with entertainment franchises or characters.
 

Nairume

Banned
It's not "competition" other than sharing the name anymore than Mobius Final Fantasy is competition for Final Fantasy XV. They're two entirely different beasts altogether.
Oh, for sure. They are very different games and, yeah, would normally not be competition in any sense of the word.

That said, to work off of your Final Fantasy comparison, a more apt comparison would be if somebody released a popular Final Fantasy fangame that was a normal JRPG with ATB combat the same month as FFXV and a bunch of people started playing it up as the actual FF being released that month and not the official game. Sure, it'd be on SquareEnix for making their own game not be as appealing as the fan game, but it's still dumb on part of the playerbase to try and openly spin the fan game as the more legitimate game.

Which is my point with the Metroid situation. Yeah, it's still on Nintendo for not making the kind of metroid game that people want, but that still doesn't mean you shouldn't use discretion in how you talk up AM2R when there is a new game with Metroid in the name coming out in close proximity.

So why was this website taken down?
Nobody knows yet.
 

Garlador

Member
Oh, for sure. They are very different games and, yeah, would normally not be competition in any sense of the word.

That said, to work off of your Final Fantasy comparison, a more apt comparison would be if somebody released a popular Final Fantasy fangame that was a normal JRPG with ATB combat the same month as FFXV and a bunch of people started playing it up as the actual FF being released that month and not the official game. Sure, it'd be on SquareEnix for making their own game not be as appealing as the fan game, but it's still dumb on part of the playerbase to try and openly spin the fan game as the more legitimate game.
I know what you're saying but...

I have to be petty.
This was basically a Final Fantasy game in everything but name (though it's by the actual creator and had a publisher), but I know I'm not alone when I call it "the real Final Fantasy XIII". I literally put it on my shelf between FFXII and FFXIV...

... Just wanted to give yet another shoutout to Lost Odyssey. Great FInal Fantasy game.

Edit: Actually, I just remembered Capcom gave their full blessing to this as well.
Initially developed as a fan game, Street Fighter X Mega Man later received support from Capcom, who assisted in the production of the game. Street Fighter X Mega Man was released as a free download from Capcom Unity on December 17, 2012. It celebrates the 25th anniversary of both Capcom's Mega Man and Street Fighter franchises.

Wouldn't it be nice if Nintendo did the same thing and hosted it themselves?
 
relieved that nintendo didn't actually take down the game, disappointed that some are ignoring this. I don't think nintendo will go after the game
 
I really don't get why everybody is talking like the site is down and the game was removed. The person who said the they received a takedown notice wasn't even the main site for game, but a metroid fansite.



Guy who made game tweeted he never received anything.

Game is still up

You can still download

Why so much misinformation, I'm so confused.

Because the "Evil Nintendo" narrative is fun. Hopefully this post gets quoted until people learn how to read.
 

Nairume

Banned
I know what you're saying but...

I have to be petty.

This was basically a Final Fantasy game in everything but name (though it's by the actual creator and had a publisher), but I know I'm not alone when I call it "the real Final Fantasy XIII". I literally put it on my shelf between FFXII and FFXIV...
I do the same for what it's worth :p
 

Maxrunner

Member
Didnt the developer said that there would still be improvements added in the future? I wonder if this will affect that.
 
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