Nintendo now also issuing DMCA takedown notices for pornography

[LiK]

They'll eventually give up and people will just reupload them. Waste of time and money.

 

[DICKS AHOY]

No reddit link on this one, sources is uh ... my own inbox:

so who'd you draw porn of

 

[spazimoose]

They have to get out ahead of this stuff. If they don't at least try and defend their IP now, that inaction could be used against them later. Also "Is Nintendo allowing Pokemon Porn?!?" articles would be bad publicity. Blizzard and Nintendo have to make it look like they care.

 

[JediLink]

Pretty much every Pokemon main character, Kirby in some canons, Animal Crossing has AT LEAST the villager, 90% of the Links, possibly Diddy Kong and Yoshi, Every koopaling, most Paper Mario support characters and of course every "baby ____" character.

I'm sorry but I'm struggling trying to imagine how human age of consent laws would apply to pink puffballs and cartoon dinosaurs.

 

[GODDAMN-ONI]

I don't like it. Nintendo could do this years ago when the damage would be significantly smaller like how blizzard did.
A lot of artist including me draw fanart (noted I only SFW art) and it's a great way to grow a following, especially in the big sea that is the internet. So to see Blizzard and Nintendo attacking smut artist with copyright takedown just feels wrong. I'm pretty sure it's not even legal but because it's on Tumblr artist risk of losing their whole fanbase. Just imagine spending hours and hours on perfecting your art only for it all to be gone. Fuck I would be pissed

 

[Kyari]

They have to get out ahead of this stuff. If they don't at least try and defend their IP now, that inaction could be used against them later. Also "Is Nintendo allowing Pokemon Porn?!?" articles would be bad publicity. Blizzard and Nintendo have to make it look like they care.

That's not how fair use works.

 

[TheRedSnifit]

I knew about this before, please don't ask how.

 

[KHlover]

Hope that Metroid movie gets finished before the creators get a C&D

 

[Palculator]

That's not how fair use works.

God, I wish this is what actually leads to a large fair use case in court. If only for the fact that a bunch of Nintendo porn would have to be provided as evidence and be kept on record.

 

[kewlmyc]

I refuse to believe people are shocked that there's porn of Nintendo characters. There's porn of everything. EVERYTHING.

 

[jediyoshi]

Thanks Nintendo, now it's just a casual picture of Metroid and Luma hanging out.

They have to get out ahead of this stuff. If they don't at least try and defend their IP now, that inaction could be used against them later. Also "Is Nintendo allowing Pokemon Porn?!?" articles would be bad publicity. Blizzard and Nintendo have to make it look like they care.

Can't tell if joking.

 

[ultrazilla]

I hope Nintendo gets a lot of shit for this.

For protecting the intellectual properties?

Nintendo has every right to issue these when their property is not being used as intended. They own it.

Don't politicize this.

 

[GODDAMN-ONI]

For protecting the intellectual properties?

Nintendo has every right to issue these when their property is not being used as intended. They own it.

Don't politicize this.

I'm pretty sure they are protected by fair use and parody law (not really sure how it works in america)

 

[lightskintwin]

That's gonna backfire badly. As far as I know, you cannot really DMCA fan art (even pr0n type) as long as you're not selling anything or reusing existing assets.

Also, Jimquisition episode incoming, I guess

Yes you can dmca fan art. Now some fan art may be protected under fair use, however, most fan creations, by their very nature, don’t parody or criticize the source material, which would provide a great deal of protection, nor are they highly transformative, meaning that they are less likely to win in the event that such a suit takes place.

Most companies simply don't because they view it as a waste of resources, and the backlash wouldn't be worth it, plus they often view fan art as beneficial; except the porn.

 

[Calm Mind]

They are only trying to protect their brand. I wish them luck.

 

[HazySaiyan]

LMAO good luck with that one Nintendo. Why don't you ask Blizzard how well that one worked out?

 

[fabricated backlash]

Nintendo about to enter the hentai market? A bold new future.

 

[Kyari]

LMAO good luck with that one Nintendo. Why don't you ask Blizzard how well that one worked out?

To be fair the key difference is that Blizzard was upset at people using their ingame assets to make pornography. Nintendo are just taking out literally anything they want.

 

[Little Mons†er]

Nintendo about to enter the hentai market? A bold new future.

From Love Hotels to this... Interesting...

 

[HazySaiyan]

To be fair the key difference is that Blizzard was upset at people using their ingame assets to make pornography. Nintendo are just taking out literally anything they want.

Yeah and Blizzard aren't even able to enforce that. I really don't see what chance Nintendo has here.

 

[Dambrosi]

Did a number of searches here and around google and no one seems to really be talking about it the way they did the Overwatch source film maker takedowns by Blizzard in May.

To cut a long story short, Nintendo seem to now be following suit and have started to issue DMCA take down notifications to remove pornography from tumblr blogs. While the bulk of the Overwatch take downs seemed to at least be related to missuse of Blizzard's own art assets in source film maker - an act that at least can be justified by content creators essentially reusing Blizzard's own work - Nintendo's notices don't relate to 3d animation of their owned assets but rather extends to just any created content.

No reddit link on this one, sources is uh ... my own inbox:

What are your thoughts, GAF?

Yo, OP.

Was the name of the lawyer who filed the DMCA notice Jason Allen?

If so, it's a fake and you got served.

https://gamingreinvented.com/nintendoarticles/fake-nintendo-employee-taking-fan-works/

 

[VetrexKnight]

Sounds like this Jason Allen guy is a spiteful little troll with an axe to grind against all fan made Nintendo things.

 

[GODDAMN-ONI]

LMAO good luck with that one Nintendo. Why don't you ask Blizzard how well that one worked out?

I see a lot of comments like the one and it should be noted that while they maybe won't succeed a lot of hard working artist will either lose alot of their work or lose a chunk of their fanbase because of sites like Tumblr to afraid of risking a lawsuit. We will probably see a less degree of porn artist working on Nintendo IP because of the risk.

Their art will still be out there but probably uncredited uploaded by some rando.

I wish people took this more seriously.

 

[Conan-san]

Yes of course Nintendo is in the wrong, never-mind no one got their arse in a knot this much over Blizzard and Overwatch.

 

[DICKS AHOY]

Nintendo about to enter the hentai market? A bold new future.

It'll compliment their grand return to love hotels nicely.

 

[Possumowner]

Asking "Please do not do that" is only going to lead to one thing....incoming flood of Mario and Luigi getting it on pics

 

[Dambrosi]

I see a lot of comments like the one and it should be noted that while they maybe won't succeed a lot of hard working artist will either lose alot of their work or lose a chunk of their fanbase because of sites like Tumblr to afraid of risking a lawsuit. We will probably see a less degree of porn artist working on Nintendo IP because of the risk.

Their art will still be out there but probably uncredited uploaded by some rando.

I wish people took this more seriously.

Uhhh...no, I think it'll be fine, somehow. Rule 34 and all that.

(Pssst -- this is the internet you're posting on here. Ever heard of the Streisand Effect?)

 

[RocBase]

This is even more hilarious when just a few days ago at EVO, the Pokken tournament winner stated something to the effect of wanting more Braixen porn LMAO

 

[frontieruk]

Thanks Nintendo, now it's just a casual picture of Metroid and Luma hanging out.



Can't tell if joking.

sauce?

 

[lightskintwin]

Yes of course Nintendo is in the wrong, never-mind no one got their arse in a knot this much over Blizzard and Overwatch.

It's hard to say if Nintendo is in the wrong, I would love somebody with time and money on their hands get a great fair use lawyer and argue in court that their porn fan art is "transformative".

 

[Palculator]

It's hard to say if Nintendo is in the wrong, I would love somebody with time and money on their hands get a great fair use lawyer and argue in court that their porn fan art is "transformative".

How is taking a character from one medium into another to place them in contexts the original works would never dare to touch and depict that in one's own artstyle not transformative?

 

[BGBW]

Just imagine spending hours and hours on perfecting your art only for it all to be gone. Fuck I would be pissed

Should have stuck to traditional still life like a pot of flowers then rather than drawing Mario's willy.

 

[Kyari]

Yo, OP.

Was the name of the lawyer who filed the DMCA notice Jason Allen?

If so, it's a fake and you got served.

https://gamingreinvented.com/nintendoarticles/fake-nintendo-employee-taking-fan-works/

Image in question has all relevant info on. Email came from tumblr, cited Nintendo of America as the provider. No further name given.

 

[VetrexKnight]

Maybe people can help pass around the information that it's a fake employee that's sending out these DMCAs to all of the Nintendo fan works. There has got to be something that can be done about this.

 

[Kyari]

Maybe people can help pass around the information that it's a fake employee that's sending out these DMCAs to all of the Nintendo fan works. There has got to be something that can be done about this.

Unfortunately "passing around the information" doesn't delete content strikes.

 

[Conan-san]

It's hard to say if Nintendo is in the wrong, I would love somebody with time and money on their hands get a great fair use lawyer and argue in court that their porn fan art is "transformative".

I was being sardonic.

 

[GODDAMN-ONI]

Should have stuck to traditional still life like a pot of flowers then rather than drawing Mario's willy.

Well, you know what drawing Samus having sex, would grow you a following. a following that you can later make an income of by commission and Patreon, pretty sure you can't do that with pots. At least not was fast as with smut fanart.

 

[Caj814]

If anything this is gonna increase the amount of content made

 

[lightskintwin]

How is taking a character from one medium into another to place them in contexts the original works would never dare to touch and depict that in one's own artstyle not transformative?

Did I say it wasn't? The person could very well win. Despite Fair use being defined, it's still left up to interpretation; you could get different judgements in different courts for the same fan art.

 

[WhiteRabbitEXE]

sauce?

Just found it instantly, it's a pretty easy Google search, lol.

 

[Justinh]

Good

This is hilariously adorable to me.

Geez, talk about transformative! (RE: Luma pic, lol)
I'm no lawyer, but I can't see how this fanart porn couldn't be seen as "transformative," "parody" or at least "serving another purpose."

I think this will be interesting to watch and see how it plays out, but I wouldn't be surprised if it fizzles out and nothing really happens. I don't get why someone would pretend to be Nintendo and take down stuff.

Wait, people make money off this stuff?

 

[GODDAMN-ONI]

Wait, people make money off this stuff?

Absolutely. It's the easiest way to get work as an artist today or at least as a way to get few bucks fast.

 

[BGBW]

PEOPLE BUY PICTURES OF MARIO'S WILLY!?

 

[ScherzoPrime]

Tangential, but did Blizzard's action stop the flow of Overwatch porn, or its availability? My gut says its still out there if you know where to look.

 

[Palculator]

Did I say it wasn't? The person could very well win. Despite Fair use being defined, it's still left up to interpretation; you could get different judgements in different courts for the same fan art.

I mean, you put it in snark quotes, but I wasn't being confrontational. Legit curious. Looking at some precedents, seems like you could even argue fair use if they straight-up used Nintendo's assets, or also not looking at other cases.

Laws ¯\_(&#12484_/¯

 

[Kyari]

Tangential, but did Blizzard's action stop the flow of Overwatch porn, or its availability? My gut says its still out there if you know where to look.

Stop? No. Stem the flow? Certainly it did.
Definitely was a period of people removing and not creating Overwatch content (of both a worksafe and not so) using Source Film Maker.

 

[YianGaruga]

Tangential, but did Blizzard's action stop the flow of Overwatch porn, or its availability? My gut says its still out there if you know where to look.

It's everywhere

 

[Iriscomeback]

Yeah, let's mop up the sea while we're at it :-\

 

[Eumi]

Wait so it's just flat out any Nintendo porn? Like, not like the Overwatch thing where it was stolen models?

Cause if so good fucking luck. It's almost adorable that they're trying.

 

[GODDAMN-ONI]

It's everywhere

can almost guarantee that the people left is people hosting their own sites or other people posting it without crediting the animator.