I'm sick of all the ignorance and/or lies about "needing" to aggressively enforce copyright or you lose it, so I wrote a brief article here.
Regardless of what's happening now, I am just really glad they waited for the game to be finished before this happened. It's like someone had a heart and knew it was the 30th anniversary and that all the fans were getting from Nintendo was Federation Force, so they waited.
They generally lean towards option 1 though. In Iwata's own words:
So the question is really whether AM2R "dimishes the dignity or value" or Metroid 2 or the Metroid franchise. Obviously, its dignity is perfectly fine and I would argue that there's not really any harm to Metroid's value either. None of Nintendo's current or future known offerings compete with AM2R and I would argue that the original Metroid 2 had little to no value in its original form as of last weekend when the remake released.
I'm sick of all the ignorance and/or lies about "needing" to aggressively enforce copyright or you lose it, so I wrote a brief article here.
Most concerning is that Nintendo themselves are basically lying about the whole "weaken our ability to protect and preserve (our intellectual property)". As I've stated before in this thread, that only pertains to trademark not copyright, the DMCA notice they sent pertains to copyright not trademark, so their words do not back their actions one iota. They're lying to mislead people because, as this thread shows, most people don't know a god damn thing about copyright and just assume companies are always right.
Why do you think this is even an argument? Are games somehow immune to remixing? A remake of a game is extremely comparable to a remix of music or derivative artwork. Games are media just like music, art, movies. They are not magically immune to all forms of reason, fair use etc.
https://en.wikipedia.org/wiki/Abandonment_(legal)#Abandonment_of_copyright
Also, "STFU if you don't know about copyright law, I'm not a lawyer but I read a blog by one" is an... interesting stance to go so hardline on
Did you even actually read what you linked.
Did you even actually read what you linked.
Copyright protection attaches to a work as soon as it is fixed in a tangible medium, whether the copyright holder desires this protection or not. Before the Copyright Act of 1976 an artist could abandon or forfeit their copyright by neglecting to comply with the relevant formalities. Difficulty arises when one tries to apply the doctrine of abandonment to present-day concerns regarding the abandonment or gifting of a digitized work to the public domain. The abandonment of a work is difficult to prove in court, though Learned Hand proposed a test which parallels other forms of abandonment law wherein an author or copyright holder could abandon their work if they intend to abandon it and commit an overt act to make public that intention.[4] Despite this test, the current legal environment towards protectionism is so strong that a court might disregard an author’s statements regarding their intent.
Sorry, Orphan Works are a thing that exist and are recognised in certain domains and not others.
Until we have the World Court determining World Laws, what one jurisdiction does or does not recognise sets a legal precedence for an owner to follow.
What you linked says that you don't have to do anything, and that it is so difficult to prove that it *has* been abandoned, that even the original owner saying they are abandoning it might be overlooked.
It is currently difficult to prove that something has been abandoned, but the only way to prove that it hasn't is to actively maintain ownership.
What "current legal thinking" entails varies from day to day and by jurisdiction to jurisdiction.
Corporate lawyers are paid to maintain their clients interests. Corporate lawyers for multinationals have to be even more zealous, because they are dealing with international jurisprudence.
It is demonstrably false that Nintendo *have* to do this as the only way to protect their trademarks and copyrights.
3DS is getting Metroid Federation Force, it's not like they abandoned the IP.
I don't buy that argument.
You might be thinking about trademark (and even that is usually BS trotted out by companies that are doing legal crap, like Monster Cable threatening every company in the US with "Monster" in their name, including Monsters of the Gridiron). Copyrights are automatic and cannot be abandoned.The extent of that protection is an entirely different argument.
"Companies don't have to do anything to protect their copyright, its automatic and forever and nothing can change that" is false.
Abandonment is a legal concept, the only proof against it is defending that property.
The extent of that protection is an entirely different argument.
"Companies don't have to do anything to protect their copyright, its automatic and forever and nothing can change that" is false.
Abandonment is a legal concept, the only proof against it is defending that property.
and yet the thread is full of people saying "fuck you nintendo, you abandoned metroid, finally someone gives us what we want" ¯\_(ツ_/¯
Copyrights are automatic and cannot be abandoned.
Like... I literally linked specifically to current US legal intrepretations of abandonment of copyright, which even in the current extremely pro-corporate US legislature is only difficult to prove.
By necessity an examination of current copyright law specifically as it relates to digital works is going to happen sooner rather than later, and on which side of the pro-business / pro-society fence it falls is basically going to be down to the political leanings of whoevers drafting it.
They're also unlikely to be global laws, even with heavy lobbying by the WTO.
If Nintendo didn't do this Capcom could up and decide to make a Metroid game next year and they couldn't do anything about it. Serious business.
And this http://www.starwarsuncut.com/newhope
Both of those projects are free scene for scene remakes that take the original design and in many cases the dialogue.
The Robocop one lifts actual footage from the movie. Their copyrights are just fine.
My point is, that Nintendo had a choice. So we can criticize their choice, even if they legally had the right to make the decision they made. If Disney of all people can let Star Wars remakes and fan films etc etc use what is unquestionably their IP why isn't it fair to think Nintendo could do the same thing without losing their copyright and losing money etc etc.
There is precedent for letting this stuff slide that doesn't cause the company owning the IP any harm at all. That's all we need to think what Nintendo did here was the wrong move.
I'm sick of all the ignorance and/or lies about "needing" to aggressively enforce copyright or you lose it, so I wrote a brief article here.
Most concerning is that Nintendo themselves are basically lying about the whole "weaken our ability to protect and preserve (our intellectual property)". As I've stated before in this thread, that only pertains to trademark not copyright, the DMCA notice they sent pertains to copyright not trademark, so their words do not back their actions one iota. They're lying to mislead people because, as this thread shows, most people don't know a god damn thing about copyright and just assume companies are always right.
Why do you think this is even an argument? Are games somehow immune to remixing? A remake of a game is extremely comparable to a remix of music or derivative artwork. Games are media just like music, art, movies. They are not magically immune to all forms of reason, fair use etc.
No one asked for a game like this. Nintendo has countless fans asking for remakes, new games of the Super Metroid formular or another Prime, but instead they offer us this? They are pracitcally ignoring the demand.3DS is getting Metroid Federation Force, it's not like they abandoned the IP.
I don't buy that argument.
I feel like anyone with even a dozen or so credit-hours in law classes is pulling their hair out right now.
Like... I literally linked specifically to current US legal intrepretations of abandonment of copyright, which even in the current extremely pro-corporate US legislature is only difficult to prove.
By necessity an examination of current copyright law specifically as it relates to digital works is going to happen sooner rather than later, and on which side of the pro-business / pro-society fence it falls is basically going to be down to the political leanings of whoevers drafting it.
They're also unlikely to be global laws, even with heavy lobbying by the WTO.
No, you linked specifically to a Wikipedia page (without any valid references) stating that copyrights must be abandoned intentionally, and that's what's hard to prove, that the owner did it intentionally. That pretty much says no, nothing you can do will accidentally make you lose your copyright, because it HAS to be intentional.Like... I literally linked specifically to current US legal intrepretations of abandonment of copyright, which even in the current extremely pro-corporate US legislature is only difficult to prove.
By necessity an examination of current copyright law specifically as it relates to digital works is going to happen sooner rather than later, and on which side of the pro-business / pro-society fence it falls is basically going to be down to the political leanings of whoevers drafting it.
They're also unlikely to be global laws, even with heavy lobbying by the WTO.
both of those are parodies...
Remaking a product that already exists and is available for sale, and giving it away for free, is not the same thing as sampling a song without permission. And FYI, those remixes are technically also infringing on copyright. They are not fair use. At all. You're the one not applying reasoning and law.
Youre saying Nintendo is lying but it has nothing to do with Nintendo, your emotions are determining your outlook. This isnt specific to Nintendo. We can also look at Monsanto with GMO cases, where courts ruled that Monsanto has a self set precedence of not suing or intending to sue farmers for cross contimination.
They are literally weakening their legal case. As far as Im aware, Nintendo didnt even say theyre doing this. Its us, in this thread, who kind of know what we're talking about, who are positing that. They supposedly haven't even sent a C&D to the creator personally yet, he's just taking it down himself too because he knows what's up. (and has asked people to chill and stop hating on nintendo, and instead show support for 2d adventure platformers..)
You are mistaken, sorry.
I understand wishing things were different, supporting the guy, his work, loving metroid, all of that. Distributing a remake for free, no matter how much it was out of love, is not right. Hes lucky Nintendo ISNT a terrible company because you really cant get much more cut and dry copyright infringement than this. If this isnt copyright infringement, what is?
They're remakes. If you haven't watched them, you really should. They're great. They aren't parodying the source at all. Also if you can track down the Raiders of the Lost Ark redux, you should watch that too. It's also copyright infringing but it's an amazing work all the same.
I feel like anyone with even a dozen or so credit-hours in law classes is pulling their hair out right now.
both of those are parodies...
...what?
so the enjoyment of watching children carry a trash can dressed as R2D2 is not a parody, but...what? realistic budget constraint? thats not meant to be an entertaining parody of the original? lol are you kidding me
No, you linked specifically to a Wikipedia page (without any valid references) stating that copyrights must be abandoned intentionally
If you are such a legal expert
That's not what that article says. At all.
Read it.
The legal concept of Abandonment is part of international jurisprudence, I'm not 'wrong' that US courts will tend to favour against it; they still understand the legal concept because it still exists.
Some jurisdictions do not recognise the concept of Orphan Works - that doesn't mean that therefore orphan works do not exist.
Some jurisdictions do not recognise the concept of Public Domain - that does not mean that public domain works do not exist.
I'm not a legal expert.
Nor is anyone else in this thread.
Particularly in international law - which is considerably more than just US and Japan.
Do you know who are the legal experts in this matter?
The lawyers who issued the DMCA.
At this point releasing a good metroid game is arguably a parody of what Nintendo wants to do with the series.
Yes I'm only joking, potential neogaffer who is about to take this too seriously .
Shoestring budget remakes aren't parody. It's working with what you've got. It's ingenuity and creativity.
Here's a complete recreation of the final scene from Star Trek: TOS by the amazing team behind Star Trek Continues.
https://www.youtube.com/watch?v=kATcuut_tqM
It is stuffed full of copyrighted material and trademarks owned by CBS Studios. Yet CBS allow Star Trek Continues to make further material using their characters and properties.
They haven't lost the copyright to Star Trek.
*Clearly* Nintendo had the option of turning a blind eye to this. They absolutely had a choice.
You keep ignoring my clearly stated point about other companies who do not issue DMCAs to freely distributed unlicensed fan projects. Or my requests for examples of companies who lost their trademarks and copyrights for failing to DMCA such projects.
Are Disney's lawyers not legal experts? Sony's? Paramount's?
You keep ignoring my clearly stated point about other companies who do not issue DMCAs to freely distributed fan projects.
Good luck convincing your investors, legal team, and company executives that...
I really dont think you guys understand how hard it would be to just have this lax attitude of letting unofficial versions of your own products be distributed for free and make waves on major gaming sites. letting it slide cuz its cool. its not just you, this cool young guy, on neogaf, running nintendo, making decisions like, hey, let this one slide
its not as simple as "be cool, nintendo"
...and all they did was send a cease and desists lol...and apparently the creator took it down of his own free will...but whatever. nobody cares about anything except justifying how bad they wish this game could continue
Dude, context matters, and the fact that you can find a few examples of things that kind of back up some general notion you have of how cool it would be if they let this one go, it doesnt mean thats how everything ever should work or will or has. Youre talking about Sony and Disney FFS? Like they dont issue DMCAs??? YEAH RIGHT
Youre basically arguing that copyright infringement law is moot because PR and people would totally dig it.
Because I'm not saying that a DMCA takedown was the only resolution possible, so it doesn't actually matter to what I am saying, which is that there is in fact a responsibility of an IP owner to protect that IP beyond just trademarks.
e:
As I said before - the way this was handled, as in a high profile release of clearly infringing work with headlines across multiple sites almost certainly forced the takedown, in a way that a fan site with a couple of hundred visitors a month probably wouldn't.
The future of AM2R
As you may know already, AM2R received DMCA notices in all the download hosts, and some parts of this blog. So far, no C&D letter was received.
This project began a long time ago, while I was actually trying to learn the programming side of Game Maker. Instead of moving on with something else, when I learned a better way of doing something, I reiterated and improved the old code.
Eventually, I learned to program in C#. Now I'm making a living as a professional programmer thanks to what I learned developing a fan game.
Technically speaking, I'm satisfied.
Artists started offering help. First with the main enemies, then with sprites, enemies, bosses.
The forums started to come alive with fans making feature suggestions, and always being positive and optimistic about the project. I added new contents, trying to be respectful about the established lore. Demo after demo people liked the game. Then the game was out, and for a brief time, players enjoyed the game they were expecting for a long time.
Artistically speaking, I'm satisfied.
What about the future?
I'll continue improving and fixing AM2R privately.
How will updates will be released, if at all?
I'm still working on it.
My priority now is to fix the invisible gravity suit bug that's hindering many player's experience. If you experience that bug, please visit the forum, and I'll eventually provide a fix.
Please, don't hate Nintendo for all of this. It's their legal obligation to protect their IP.
Instead of sending hate mail, get the original M2 from the eShop. Show them that 2D adventure platformers are still a thing people want.
You're invited to share your thoughts at the Forum, or follow AM2R on Twitter for the latest updates.
Thank you.
Millions have seen A New Hope: Uncut. It has been reported on by the New York Times and the LA Times. It won a primetime Emmy. High profile has nothing to do with it.
AM2R Blog update: http://metroid2remake.blogspot.co.at
...and all they did was send a cease and desists lol...and apparently the creator took it down of his own free will...but whatever. nobody cares about anything except justifying how bad they wish this game could continue
Okay, well, good luck with your class action against Nintendo for illegal misuse of the DMCA I guess, as they obviously have no legal basis, obligation or responsibilities for their actions.
Agreed 100%. Encouraging your fans builds a stronger relationship with them.They have every legal right to pursue this course of action. You'll notice I never said otherwise. Heck, you'll notice I said just that in my first post in this thread.
My point was and is, they don't have to follow this course of action. And I think it's the wrong move to make to shut down a labor of love from one of your fans. I personally think Nintendo would *benefit* from being more open to such things, as I'm sure Disney benefit from letting Star Wars fan films and games etc exist (hell encouraging them even).
3DS is getting Metroid Federation Force, it's not like they abandoned the IP.
I don't buy that argument.
Full remake with that Nintendo touch for the NX while hiring the guy who made this would be super dope as an end to the story
Disney don't have armies of lawyers? They fucking *promote* fan made unofficial versions of their own products on the official Star Wars website. They give them *awards*. ANNUALLY.
Somehow this hasn't harmed the Star Wars brand *or* undermined all the copyrights and trademarks. Some of these videos have been watched by *millions* of people. And still... no DMCAs. No cease and desists.