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-   -   Nintendo cracks down on Zelda fan-games (http://www.nuklearforums.com/showthread.php?t=5500)

Hamelin 08-19-2004 02:38 PM

Nintendo cracks down on fan-games
 
http://gamesarefun.com/news.php?newsid=1302

Quote:

Quoted from Nintendo of America emails

"To whom this may concern:

Nintendo of America Inc. (NOA) is providing this letter of notification to make you aware of material infringing NOA's exclusive intellectual property rights posted on the internet site thegaminguniverse.com and its various subdomains.

NOA has a good faith belief that the titles Open Zelda, Adventure Zelda, Zelda: Link's Odyssey, Zelda 2 Enhanced, and Super Mario World Classic found on the site in question infringe Nintendo's intellectual property rights. These games are illegal derivatives of Nintendo video games, protected by copyrights and trademarks.

Nintendo is the owner of numerous copyrights in its video games. As the owner of such copyrights, Nintendo has the exclusive right under U.S. law to authorize copies of its video games. In addition to its copyright protection, Nintendo has rights under Federal and State Trademark laws. Your unauthorized activities with respect to the offering, distribution, trade and display of unauthorized copies of Nintendo's intellectual property constitutes both copyright and trademark infringements in violation of 17 U.S.C. 101 et seq. and 15 U.S.C. 1114, 1115 and 1116, and other applicable federal and state criminal and civil laws.

The previously mentioned software that you promote and make available for download are clear violations of Nintendo's rights in the characters and audio visual works protected by U.S. and international copyrights and trademarks, regardless of how or why these software were created. In an effort to quickly resolve this matter, please remove such content and software from all internet sites immediately.

Sincerely,

NINTENDO OF AMERICA INC."

Discuss. Personally, I think they don't know free advertising when they see it.

hawkboy204 08-19-2004 03:12 PM

Interesting, i think that if the fan games are free-ware then it seems to be free advertising, but if the sites are charging people for the downloads then nintendo should try to shut them down or they should charge the sites some money per download or something like that.

Cyclone231 08-19-2004 03:25 PM

OR those games could be remakes of classic nintendo games.

ChaosMage 08-19-2004 03:46 PM

I love Nintendo games. I practically grew up playing them instead of drinking milk. But sometimes, I want to shove a foot up their asses. Retards. Why don't they know free advertising when they see it? I mean, people are making these games in HOMAGE to their own. The makers aren't making any profit, hell, they're probably actually paying out of pocket for bandwidth. If I enjoyed one of those games, I'd be more enticed into playing a Nintendo game. Not less.l

Kenryoku_Maxis 08-19-2004 03:51 PM

I kinda feel there's no real need to kill these projects, but at the same time I also feel if these people have the resources and time to make these remakes and original 'Zelda' games, they should use their time, money and resources to make original games.....

Jagos 08-19-2004 07:13 PM

How about Nintendo employs them instead.

And how is it they know about these games? Aren't these guys covered by the Internet Privacy act signed by Clinton in 1995?

Rayinne 08-20-2004 03:39 AM

These game projects weren't rom hacks, JC, they were free-standing new-source programs. The IPA does not apply, especially since these were never made private to begin with.

I can see Nintendo going after the projects that are direct conversions of pre-existing games, because that's well within their right. But not all of those projects are remakes; a couple are legit LoZ fangames. You don't see Nintendo harassing the literally thousands of Mario fangames out there. Admittedly, 98% of those suck, but still, what makes those Zelda ones so evil that they must be destroyed?

MFD 08-20-2004 07:52 AM

There was one Mario game on the list, and I believe they were directing this to a particular site, which may have only had that one Mario game on it.

Anyways, I think that the creators of such games should just make original games, instead of borrowing other characters.

Kenryoku_Maxis 08-20-2004 11:21 AM

Quote:

Originally Posted by Rayinne
I can see Nintendo going after the projects that are direct conversions of pre-existing games, because that's well within their right. But not all of those projects are remakes; a couple are legit LoZ fangames. You don't see Nintendo harassing the literally thousands of Mario fangames out there. Admittedly, 98% of those suck, but still, what makes those Zelda ones so evil that they must be destroyed?

Nintendo did make a statement once about how they wanted to stop production of some fan games of Zelda because they wanted to 'keep the quality image of Zelda high'. In other words, a semi-polite way of saying 'So many of the fan games will suck or not be anywhere as good as the ones we make so we want to be the only ones who make them.'

I think they're just doing it again.

Inbred Chocobo 08-20-2004 11:25 AM

I remember hearing about that, though i don't know where.
Anyway, I've had played some of the Zelda fan made games and a few of them i truly hated, and if i where to base the Zelda Franchise on it (which im not that dumb to)I could see the quality of Zelda going down.Personally I'm right in the middle of this arguement.

chryos_the_forsaken 08-20-2004 02:34 PM

Jesus Christ is nothing sacred anymore. This is a completely retarded move on Nintendos part, seriously, not only are these homage games free advertising space for nintendo, they also prove the fact that nintendo kicks the collective ass of the videogaming world when it comes to trump titles. They need to just sit back and watch, maybe even help out these fan game designers. Although if nintendo is going to be assenine about it, why dont the fan game designers just changes character/title names.

Solid Shadow 08-20-2004 02:42 PM

Quote:

Originally Posted by MFD
There was one Mario game on the list, and I believe they were directing this to a particular site, which may have only had that one Mario game on it.

Actually, this particular cease and desist order was given to several popular websites over the course of the past few days. Apparently the big N has been surfing the 'net and taking names...

I have mixed feelings about this move. It's not the first time Nintendo has done something like this, and it definately won't be the last. I honestly wonder what they expect to accomplish, other than alienating a percentage of their core fanbase - namely, old-school gamers who played classic NES titles as kids who are now creating homebrew games based on those themes in an effort to hone their programming skills and further nostalgia.

Of course, I'd bet real money that the majority of Nintendo's income over the past eight years or so has come from the Pokemon generation - or, rather, the parents of the Pokemon generation. The diehard old school gamer spent the majority of his/her Nintendo money years ago on the NES and SNES, so alienating that portion of the audience, as well as their money, is not so bad financially, and they get to put a point across at the same time. Seems like a fair gamble to me...

Then there's also the fact that a lot of these homebrew Mario and Zelda clones, of which there are hundreds, simply suck ass. I have played several of them, and only a few were worth the download. "Protection of Intellectual Property" is a good way to disguise "Get that sub-par bullshit off of the internet you wanker."

No matter what the motivation, at the end of the day it all boils down to "We have more money than you; therefore, you must do as we say."

Solnac Relishan 08-20-2004 02:56 PM

Quote:

Originally Posted by Solid Shadow
Actually, this particular cease and desist order was given to several popular websites over the course of the past few days. Apparently the big N has been surfing the 'net and taking names...

I have mixed feelings about this move. It's not the first time Nintendo has done something like this, and it definately won't be the last. I honestly wonder what they expect to accomplish, other than alienating a percentage of their core fanbase - namely, old-school gamers who played classic NES titles as kids who are now creating homebrew games based on those themes in an effort to hone their programming skills and further nostalgia.

Of course, I'd bet real money that the majority of Nintendo's income over the past eight years or so has come from the Pokemon generation - or, rather, the parents of the Pokemon generation. The diehard old school gamer spent the majority of his/her Nintendo money years ago on the NES and SNES, so alienating that portion of the audience, as well as their money, is not so bad financially, and they get to put a point across at the same time. Seems like a fair gamble to me...

Then there's also the fact that a lot of these homebrew Mario and Zelda clones, of which there are hundreds, simply suck ass. I have played several of them, and only a few were worth the download. "Protection of Intellectual Property" is a good way to disguise "Get that sub-par bullshit off of the internet you wanker."

No matter what the motivation, at the end of the day it all boils down to "We have more money than you; therefore, you must do as we say."

*Sighs* It's the music industry all over again. Nintendo probably feels threatened that somone's going to jump in and mess around, and someday make a better Zelda than the original (or heaven forfend,) the new ones. That's precisely what they're saying, 'We've got the intellectual property and the money to back it up.' It's Napster on a smaller scale.

Never underestimate the power of a large megacorp with lawyers over the little guy. Little guy loses everytime.

Sol

Priest4hire 08-20-2004 06:17 PM

Quote:

Originally Posted by Kenryoku_Maxis
Nintendo did make a statement once about how they wanted to stop production of some fan games of Zelda because they wanted to 'keep the quality image of Zelda high'. In other words, a semi-polite way of saying 'So many of the fan games will suck or not be anywhere as good as the ones we make so we want to be the only ones who make them.'

I think they're just doing it again.

I'd just like to note that most likely the reason they made that remark was because that's the only angle of attack they have for stopping fan made original Zelda games. A copyright only protects a whole piece of art from being copied. So a singe Zelda game can be copyrighted but not the characters or setting. Those are trademarked. But a trademark is different in that it only prevents someone from profiting from your trademarked material. Hence a free Zelda game doesn't profit and therefore doesn't violate the trademark.

There is an exception though. If Nintendo can show that the use of their trademarked material somehow devalues that very trademarked material then they can have it pulled. Hence the whole quality image thing.

Odd are it's really about control. Nintendo doesn't like versions of their franchises that aren't under their control, just like they don't like anything of theirs that isn't under their control.

PS. Odds are this is just harassment on the part of Nintendo. That is, it's unlikely their argument would hold up in an actual court case unless there are actual copyright violations invlolved.

Jagos 08-21-2004 11:58 AM

I honestly see no problem with someone making the setting of Zelda underwater with Link having gills and playing blitzball. If anything, if Nintendo keeps advertising these fan sites I'll download the free ones and forget about Nintendo.

Finally, one good person to read on copyright issues is Lawrence Lessig. In terms of corporate control over a product, I'm firmly against what Nintendo's doing here. That's what unofficial versions of products are for.

-edit- Oh, and I researched that Clinton Privacy Act...

Damn urban legends...

Kenryoku_Maxis 08-21-2004 12:35 PM

WHo knows precicely what their intentions are. They could be thinking about money somewhat, but Nintendo has done such strange things in the past that I never put any possiblility above them, including that they are not wanting Zelda games to be made so they are the only ones who make them (feeling they are the only ones who know enough about the series and have its creator to make the best Zelda games possible). I'm not going to rule it out and if that would be the case, I say I'm all for it.

Now I'm not against the Zelda fan games, but if Nintendo can prove to me that they can make better games and keep the 'feel' of Zelda at a higher quality by asking (notice they didn't demand or place ordrs) others to stop making Zelda games, then I'll side with them on this.

Priest4hire 08-21-2004 05:17 PM

They aren't asking - they are very much demanding. Don't allow the soft wording of the cease and desist letter fool you into thinking it was a simple request.

Quote:

They could be thinking about money somewhat, but Nintendo has done such strange things in the past that I never put any possiblility above them, including that they are not wanting Zelda games to be made so they are the only ones who make them (feeling they are the only ones who know enough about the series and have its creator to make the best Zelda games possible).
You forgot Capcom. Only Nintendo and Capcom know enough to make the best Zelda games possible. ;)

adamark 08-21-2004 07:25 PM

The law is the law. Sometimes laws suck.

They can just take down the game, take down the website, and then wait a couple of months and make a new website, put the game back up. Simple.

They take too long to react to this sort of thing to be a real threat to the little guy.

Jagos 08-21-2004 08:06 PM

Simple? Taking down a server, backing up all of that hard work, THEN putting it back up for dl after just dumping the stuff?

That's not necessarily simple...


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