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Nintendo now also issuing DMCA takedown notices for pornography

spazimoose

Member
Mar 7, 2016
262
0
0
California
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

Member
Feb 21, 2014
2,736
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390
QLD, Australia
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

Member
May 30, 2015
100
0
0
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

Member
Oct 19, 2011
2,513
0
0
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.
 

Palculator

Unconfirmed Member
Jun 22, 2014
6,443
0
0
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

Member
Dec 15, 2011
21,238
0
540
I refuse to believe people are shocked that there's porn of Nintendo characters. There's porn of everything. EVERYTHING.
 

jediyoshi

Member
Oct 10, 2009
30,024
6
775


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.
 

GODDAMN-ONI

Member
May 30, 2015
100
0
0
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

Banned
Mar 3, 2016
10,168
0
0
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.
 

Kyari

Member
Oct 19, 2011
2,513
0
0
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.
 

HazySaiyan

Banned
Nov 19, 2013
5,600
1
0
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

Banned
Jun 7, 2004
6,741
0
0
Liverpool, UK
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/
 

GODDAMN-ONI

Member
May 30, 2015
100
0
0
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

Member
Jan 28, 2009
3,603
181
825
Yes of course Nintendo is in the wrong, never-mind no one got their arse in a knot this much over Blizzard and Overwatch.
 

Possumowner

Member
Jun 10, 2015
5,057
0
0
UK
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

Banned
Jun 7, 2004
6,741
0
0
Liverpool, UK
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

Member
Feb 19, 2013
2,561
0
370
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
 

lightskintwin

Banned
Mar 3, 2016
10,168
0
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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

Unconfirmed Member
Jun 22, 2014
6,443
0
0
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

Maturity, bitches.
Jan 19, 2007
54,033
0
1,140
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.
 

VetrexKnight

Member
May 12, 2009
215
0
720
Milwaukee, WI
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

Member
Oct 19, 2011
2,513
0
0
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.
 

GODDAMN-ONI

Member
May 30, 2015
100
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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.
 

lightskintwin

Banned
Mar 3, 2016
10,168
0
0
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.
 

Justinh

Member
Nov 7, 2013
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375
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?
 

ScherzoPrime

Member
Feb 4, 2016
1,218
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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

Unconfirmed Member
Jun 22, 2014
6,443
0
0
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 ¯\_(ツ)_/¯
 

Kyari

Member
Oct 19, 2011
2,513
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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.
 

Eumi

Member
Jan 19, 2016
2,344
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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.