Nintendo now also issuing DMCA takedown notices for pornography

Oct 19, 2011
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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.
To be fair, they don't really need "good luck".

For artists using sites such as tumblr they have little or no recourse to counter a DMCA act flagging their account for violations. Doing so is a lengthy and archaic process, thanks in part to the automated nature of the flagging.
 
Mar 3, 2016
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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)_/¯
Nah, I wasn't being snarky. I put transformative in quotations because of how tenuous it is due to it being determined by human beings who have different interpretations of it. As a copyright documentary I watched said, "Fair use isn't a right, but merely a legal defensible position." Nintendo could argue that the prevalence of explicit pornagraphic artistic renditions of their copyrighted characters on the internet, hurt the overall value of their characters in the marketplace.
 

Some Nobody

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Aug 8, 2013
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To be fair, they don't really need "good luck".

For artists using sites such as tumblr they have little or no recourse to counter a DMCA act flagging their account for violations. Doing so is a lengthy and archaic process, thanks in part to the automated nature of the flagging.
See, this is why Rule 34 needs to get their shit together. :p
 
Jul 6, 2013
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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.
Yeah, seriously. Nintendo trying to remove such content from the face of the earth is a lot like trying to herd cats.
 

double jump

you haven't lived until a random little kid ask you "how do you make love".
May 7, 2012
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Nobody wants to die on that rule 34 ledge but this seems like it might violate rights in some way.

Ok fair use isnt a right.
 
Mar 12, 2006
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"Okay, so we can probably guarantee 10-15 million Sun/Moon sales, but to push past that 20 million mark we need to get the internet-savvy people on board."
"Why not push the game onto the Pokemon GO players."
"Are you kidding?! They're all Genwunners. No... we need to get the nerds who draw Nintendo porn to buy this game... All 50 million of them."
"But how?"
"DMCA takedown all the porn. Streisand Effect that shit. They'll make more of it in protest."

Is this NoA?

Becuase I doubt that Nintendo Japan would do such a thing.
I heard NCL used to go after hentai artists pretty forcefully way back, but I think they haven't really cracked down on it in a long while.
 
Jun 7, 2013
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I'm no fan of censorship, but if it means the people drawing Samus Aran getting raped are going to get their metaphorical asses kicked, good.
How do you make the leap from "Nintendo porn" to "Samus being raped"? I don't think it even represent the majority of Nintendo porn out there.
 
Oct 19, 2011
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Isn't this covered under fair use via parody? Does Tumblr not have a counter-claim system in place?
From Tumblr

Submitting a DMCA Counter-Notification:

If you believe you are the wrongful subject of a DMCA notification, you may file a counter-notification with Tumblr by providing the following information to the Designated Agent at the address below:

The specific URLs of material that Tumblr has removed or to which Tumblr has disabled access.
Your name, address, telephone number, and email address.
A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or the federal district courts located in New York County, New York if your address is outside of the United States), and that you will accept service of process from the person who provided the original DMCA notification or an agent of such person.
The following statement: "I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."
Your signature.

Upon receipt of a valid counter-notification, Tumblr will forward it to Notifying Party who submitted the original DMCA notification. The original Notifying Party (or the copyright holder he or she represents) will then have ten (10) days to notify us that he or she has filed legal action relating to the allegedly infringing material. If Tumblr does not receive any such notification within ten (10) days, we may restore the material to the Services.


But in practice what it tends to result in is Tumblr ignoring your counter-notification and leaving you hanging despite repeated emails.
 
Feb 22, 2014
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There is some suggestion this might not even be Nintendo on Tumblr, but an ex employee. I would find that much more believable than Nintendo trying to take down all of the original artwork. Tumblr's DMCA system is even worse than Youtube's in a lot of ways.
 

Palculator

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Jun 22, 2014
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Good. It is their property and characters. Surprised how many people on here seem upset about the possibility of their video game porn being taken down.
What's surprising about that? Did you think it was being made because nobody liked it and thus everyone would be fine with the idea of it being taken away?
 
May 12, 2014
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Not like the majority of porn artists are selling the work. It's fair use.

I want my rule 34.
I wonder how much of a grey area Patreon is in that regard - haven't there been instances of otherwise-innocuous fan projects shut down because of the author accepting general Paypal donations?

This looks amazing. Are the in-game graphics like this?
There's the Live2D stuff, I guess. Other than that, you're out of luck.



Pray for NX.