Nintendo now also issuing DMCA takedown notices for pornography

Mar 7, 2016
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#53
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.
 
Feb 21, 2014
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#54
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.
 
May 30, 2015
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#55
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


 
Oct 19, 2011
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#56
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.
 
Oct 10, 2009
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#61


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.
 
Mar 3, 2016
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#64
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.
 
Oct 19, 2011
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#68
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.
 
Jun 7, 2004
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Liverpool, UK
#71
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/
 
May 30, 2015
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#73
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.
 
Jun 7, 2004
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Liverpool, UK
#77
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?)
 
Feb 19, 2013
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#78
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
 

Palculator

Unconfirmed Member
Jun 22, 2014
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#81
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?
 
Oct 19, 2011
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#85
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.
 
May 30, 2015
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#87
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.
 
Mar 3, 2016
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#89
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.
 
Nov 7, 2013
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#91
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?
 

Palculator

Unconfirmed Member
Jun 22, 2014
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#95
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)_/¯
 
Oct 19, 2011
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#96
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.
 
Jan 19, 2016
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#99
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.