7DollarHagane
Banned
He shouldn't have ripped assets from a game if he wanted it to stay up. Use some royalty free stuff or make some simple nondescript models as placeholder.
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Nintendo issues takedown notice for Super Mario 64 HD project
- Thread starter Blablurn
- Start date
TheLegendOfMart
Banned
They should listen to them now more than ever, Wii was a surprise hit, Wii U not so much, NX sounds like they are going to come up with another gimmick that people won't buy into.
Gormless Noodle
Member
And those arguments are absolutely correct. Mario belongs to Nintendo and no one else and they should have the right to take down whoever uses their IP if they don't condone it.
For a fan made game? I don't know of any, but that doesn't mean companies wouldn't be vigorous in knocking back any unauthorized use of their intellectual property even if they weren't seriously threatened by the specific use of it.
They likely wouldn't be cool with establishing the precedent they let anybody use their assets without their permission even if it was free/proof of concept.
I don't disagree it's a neat little project and I don't think it's harmful to Nintendo at all by itself.
Outdated? How should IP law be different than it is now?
Probably the exact same thing as Project M, Nintendo looking in the opposite direction?
It's just a remake of the first stage. (And an incomplete one at that - no Big Bob-omb, no picking up bombs, etc. It barely lasts three minutes.) The developer already said he doesn't plan on developing it any further. Is Nintendo really so anal as not to allow this free, barely-a-game, proof-of-concept not to exist on the internet? I know, copyright law and all that, but chillax and have a Mento Nintendo. It's not doing you any harm.
I personally think IP's should enter public domain well before they do now so derivative works can actually be seen in people's lifetime. It's something like 75 years after the death of the creator right now and has been continuously extended everytime "certain IP's" get close to being moved to public domain.
pinkurocket
Member
Hmm interesting, this looked like a tribute project which I put in the same line as artwork. But then if he really took some assets from SMG and included them in his free download, I can see why that wouldn't sit well with Nintendo.
And? Remixes use original assets all the time and no one cries foul.
balladofwindfishes
Member
It might do them harm if Mario 64HD ever did get announced, people would google/youtube it for information and find this fan project.
It was probably a combination of the name (which is a name Nintendo could potentially use), the re-used assets, and the publicity that did this project in.
Perhaps. But fan games have been around for literally decades and I still haven't heard of a company's support/tolerance ever backfiring.
For example, there have been quite a few King's Quest fan games over the years. This includes new games as well as remakes and all of which are still available, yet they aren't causing any trouble for the upcoming game.
Fan games are a sign that people love your IP. Let them have their fun. They'll still buy your new games.
It's not that this actually happens, it's just how copyright law works.
That doesn't establish a precedent for every medium. Fair Use is much more complicated than that and has to be established on a case by case basis.
QuickSilverD
Member
Sounds like Nintendo, alright
SliceSabre
Banned
Guess you didn't hear about that Blurred Lines lawsuit and how they have to pay out $7.2 million to Marvin Gaye's estate for that 'remix'.
I guess it'd be that Sierra hasn't held the same care/reverence for King's Quest that Nintendo has had for Mario.
I basically agree that this isn't malicious and a shame it's being stopped (he's not charging for it, not remaking the whole thing, it's clearly to demonstrate Unity) but I can't understand why Nintendo aren't content to let things lie, even if in a perfect world they would.
Candescence
Member
Well, it was already 'done' to begin with, since it's more of a tech demo for his Super Character Controller than anything else. And the download is still available on his site. So not much has been lost anyway.
20 years is a good copyright term limit, methinks. A lot of gaming IPs should've passed into the public domain years ago.
20 years is a good copyright term limit, methinks. A lot of gaming IPs should've passed into the public domain years ago.
Katzenjammer
Member
Some people here seem to think that there's a single person at Nintendo who sits and takes all legal decisions. They are a company, they own their IP, and they get to decide who can do what with it. Especially when someone strips data straight from their game and distributes it under some other license.
balladofwindfishes
Member
No it doesn't. That's what makes this odd.
maquiladora
Member
Thieves...smh
A fun fan project that recreates the first level or a near 20 year-old game...Oh what criminal masterminds of villainous intent!
Different because they tried to claim it as an original work. Remixes usually acknowledge the source material.
And what does that mean? That people can use your IP however they please?
TheSlySoul
Member
Honestly, I was expecting as much. Fan projects do not fall under fair use sadly.
SliceSabre
Banned
In the eyes of the law, yes.
Oh wait I forgot we should only respect laws when they are convenient.
DryvBy
Member
What if he mirrored the levels and redid some of the models to make it more of a SM64 parody clone? Isn't parody protected or could Nintendo still get them?
I understand why Nintendo does this, but it would be nice if they'd at least allow fan-projects. Or maybe license some of the really quality fan games like Star Wars does with fan fiction.
The creator of this should have redid the entire game and then put the game out on a torrent. What I would do to play a remake of SM64 by Nintendo though.
I understand why Nintendo does this, but it would be nice if they'd at least allow fan-projects. Or maybe license some of the really quality fan games like Star Wars does with fan fiction.
The creator of this should have redid the entire game and then put the game out on a torrent. What I would do to play a remake of SM64 by Nintendo though.
Chinbo37
Member
And what ? Is he selling it? Doesn't he give exposure to Nintendo? They might have all the rights in the world to go after him doesn't mean they aren't being douches.
Ps I am a lawyer
Just because he's not selling it, doesn't mean that it's not harmful. What if he remade more levels? At what point should Nintendo say "Hey, we sell this game still on Virtual console, and make new Mario games every day. Maybe we shouldn't be letting people use our assets to make FREE Mario games in HD"?
RPG_Fanatic
Member
Not surprised by this. From my memory Nintendo seems to issue takedown notices direct remakes and projects that try to profit from Nintendo assets.
Fan games where new levels and story are created and distributed for free usually don't get touched.
Should be fine as long as they don't try to charge money for the game. Nintendo doesn't seem to a have a problem with people making new content with their assets, just directly copying/remaking existing games.
Fan games where new levels and story are created and distributed for free usually don't get touched.
Should be fine as long as they don't try to charge money for the game. Nintendo doesn't seem to a have a problem with people making new content with their assets, just directly copying/remaking existing games.
TheSlySoul
Member
That would explain why Mother 4 and SMB X seems untouched.
Always-honest
Banned
Well it's a HD remake of an awful looking game. But a revolutionairy game.
sechsterangriff
Member
Since this is arguably the most valuable Nintendo IP and that he used assets created by Nintendo, there's little doubt that they're in their right to stop it.
But then again, just because they're in their right doesn't mean they should when there's very little to gain from it.
But then again, just because they're in their right doesn't mean they should when there's very little to gain from it.
SmokedMeat
Gamer™
Neither are the Youtubers Nintendo goes after, but many people defend Nintendo on that matter, so this should be no different.
Chû Totoro
Member
Yeah so if Microsoft makes the remake for Xbox One then it's ok?
Copyright laws have to evolve but don't be dumb, what you're implying would kill innovation just as much as the stupid patent wars so many companies are doing is killing innovation.
Reductio ad absurdum is a known fallacious argument. No one's arguing for the above.
How does this fan-made proof-of-concept harm Nintendo with its existence?
evilromero
Member
My first thought. Please make it happen Nintendo.
Harm has nothing to do with this. He blatantly stole their IP, what part of this is acceptable to you? Just because it's a game that's close to 20 years?
Oppo
Member
Nintendo is going to pop a vein when they start rolling out their shit on phones and the Clone Wars begin anew.
For this guy, they should have shown some restraint and said "look, take out the © meshes and audio, don't develop it further or let it get out of Unity Web Player, and it's fine."
For this guy, they should have shown some restraint and said "look, take out the © meshes and audio, don't develop it further or let it get out of Unity Web Player, and it's fine."
Honest question: do you think the mostly-illegal ripped avatar images in this thread are unacceptable use? Do you have permission to use that BB player photo?Kama_1082 said:
Not surprising. I also don't think fair use would really be appropriate here. It's not really transformative, the kid took a lot of assets from Nintendo (even if it was for one level in a massive game), and it's not impossible that this could lead to damages for Nintendo (making a game in their catalogue they worked on lose value because an hd remake of a level made people want to wait on purchasing). I mean he could try to argue for it, but he's probably already got what he wanted which is the attention to his work.
This would be like Disney taking action on a free Mickey mouse comic strip 30 years ago. Yeah it might be cool for us to see, but that's not something they want their work to be associated with.
This would be like Disney taking action on a free Mickey mouse comic strip 30 years ago. Yeah it might be cool for us to see, but that's not something they want their work to be associated with.
YOU TAKE THAT BACK!
YOU TAKE THAT BACK RIGHT NOW!
I may or may not be biased, but (besides the obvious 20 years) I really don't think it looks that awful, assuming that pic hasn't been tempered with much. But I suppose it depends on your N64 and the types of cables you use. It's just a shame early 3D games took a big hit on frame-rate, otherwise it would've still been a perfect game. It's still a great game to play through once a year, maybe more, but a remake/remaster could give it its polish back.
When you give people on the internet an inch, they'll take the whole fucking mile. Nip it in the bud before it gets too big.
sixteen-bit
Member
expected this tbh
Plus it is one hell of a resume builder.
