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User:SilviaASH/Userspace drafts/List of copyright disputes involving Nintendo

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The video game company Nintendo has been well-known for proactively litigating its intellectual property. This is a list of notable incidents and conflicts involving Nintendo and third parties in which the legality of the use of Nintendo's intellectual property was disputed.

Background

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Main article: Nintendo § Intellectual property protection

Nintendo is well-known for generally taking proactive action for its intellectual property, dating back to the release of Donkey Kong, when the company sought legal action against others producing unauthorized clones of that game.[1] The company has also taken action against fangames and other derivative works,[2] and has taken a hardline stance against unauthorized emulation of commercial titles.[3]

Legal experts and journalists have generally agreed that it is within Nintendo's legal rights to litigate their intellectual property.[4][5][6] In spite of this, the company has been frequently criticized by journalists and fans for litigating fan works based on their properties, citing preservation efforts, a perceived negative impact on Nintendo's fandom, and other concerns.[5][7][4][8][9]

Incidents

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  • Universal City Studios, Inc. v. Nintendo Co., Ltd.
  • Nintendo of America, Inc. v. Blockbuster Entertainment Corp.
  • Lewis Galoob Toys, Inc. v. Nintendo of America, Inc.
  • Atari Games Corp. v. Nintendo of America Inc.
  • Full Screen Mario — Full Screen Mario was a browser-based recreation of the original Super Mario Bros. game, created by Rensselaer Polytechnic Institute student Josh Goldberg, which drew notice from Nintendo in October 2013. Goldberg said in a statement to The Washington Post that he "did not think it would be a big project" and did not expect the site to attract attention.[9] The site went offline on November 2, 2013 after a DMCA complaint by Nintendo,[4][10] and in 2016, Nintendo ordered the takedown of its source code from GitHub.[11] In 2014, Goldberg opined that Super Mario Maker appeared similar to Full Screen Mario's level editor, and correlated the game's release with the site's takedown,[12] although he said he was not upset about the similarity.[13] In The Washington Post, Timothy B. Lee voiced the opinion that the site should not be illegal, criticizing the lengthy copyright terms of US law.[9] In contrast, Ryan Vogt of Slate heavily criticized Goldberg for violating Nintendo's copyright with his project and supported the site's removal, despite acknowledging Goldberg's technical achievements.[6]
  • AM2R — AM2R (Another Metroid 2 Remake) was an unofficial remake of Metroid II: Return of Samus developed by Argentinian programmer Milton Guasti.[14][15] It received positive reviews,[16][17] and was nominated for The Game Awards 2016, but was later dropped from the nominee list without notice.[18] After being released on August 6, 2016, Guasti ceased plans to continue developing the game after receiving a DMCA takedown request from Nintendo.[19][20][21] In addition to AM2R, Nintendo also filed takedown notices against over 500 other fangames that were previously hosted on Game Jolt.[2]
  • DMCA's Sky — No Mario's Sky was a fangame of both Super Mario Bros. and No Man's Sky, created by ASMB Games, a team based in Australia, for Ludum Dare 36 in 72 hours.[22][23] Following its release on August 30, 2016, Nintendo sent a Digital Millennium Copyright Act (DMCA) notice to Itch.io on September 4, 2016, requesting that No Mario's Sky be removed due to it infringing "Nintendo's copyrights in its Super Mario video game franchise, including but not limited to the audiovisual work, images, and fictional character depictions".[24] ASMB responded by removing No Mario's Sky from itch.io,[25] and later rereleased the game as DMCA's Sky, replacing all Nintendo iconography with non-copyrighted counterparts.[23]
  • GilvaSunner — GilvaSunner was a YouTube channel which uploaded soundtracks of Nintendo-published titles.[26] Starting in 2019, the GilvaSunner channel began receiving DMCA takedown notices by the company which numbered in the hundreds; the proprietor of the channel posted about these copyright claims in a public thread on Twitter.[26][27] In February 2022, after Nintendo filed over 2000 further takedown notices, the channel was taken down by its owner.[28][8] The incident resulted in criticism from several outlets, who pointed out that Nintendo rarely provided any official means to listen to music from their games.[8][29][30]
  • Did You Know Gaming? — In December 2022, the YouTube channel Did You Know Gaming? published a video discussing an unproduced The Legend of Zelda title that had been pitched to Nintendo by Retro Studios. Nintendo filed a DMCA takedown notice against the video, which resulted in its removal from YouTube.[7][31] On December 28, 2022, the video was restored after DidYouKnowGaming disputed the claim.[32][31][33]

References

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  1. ^ Altice, Nathan (2015). "Chapter 2: Ports". I Am Error: The Nintendo Family Computer / Entertainment System Platform. MIT Press. pp. 53–80. ISBN 9780262028776.
  2. ^ a b Frank, Allegra (2 September 2016). "Nintendo slaps Metroid 2 remake and 500-plus fangames with takedown orders". Polygon. Archived from the original on 10 October 2019. Retrieved 10 September 2019.
  3. ^ "Nintendo – Corporate Information – Legal Information (Copyrights, Emulators, ROMs, etc.)". Archived from the original on 18 June 2016. Retrieved 24 July 2009.
  4. ^ a b c Lee, Timothy (17 October 2013). "Nintendo says this amazing Super Mario site is illegal. Here's why it shouldn't be". The Washington Post. Archived from the original on 24 November 2020. Retrieved 27 August 2021.
  5. ^ a b "Nintendo's Lawyers Need To Chill". Kotaku. 2019-06-27. Retrieved 2023-01-30.
  6. ^ a b Vogt, Ryan (2013-10-21). "The New Full Screen Mario Game Is Amazing. It Should Be Taken Down Immediately". Slate Magazine. Retrieved 2023-01-30.
  7. ^ a b "Heroes of Hyrule video report receives copyright strike from Nintendo". Eurogamer.net. 2022-12-08. Retrieved 2023-01-30.
  8. ^ a b c "Nintendo is erasing its music, and community, from YouTube". Digital Trends. 2022-03-10. Retrieved 2023-01-17.
  9. ^ a b c "This college kid painstakingly recreated 'Super Mario Brothers' for the Web". Washington Post. ISSN 0190-8286. Retrieved 2023-01-30.
  10. ^ Whitehead, Thomas (2013-11-11). "Full Screen Mario Web Game Closed Down Following Nintendo's Copyright Complaint". Nintendo Life. Retrieved 2023-01-30.
  11. ^ "Nintendo Takes Full Screen Mario Out Back and Puts a Bullet in It - Hardcore Gamer". hardcoregamer.com. 2016-05-13. Retrieved 2023-01-30.
  12. ^ Acovino, Vincent (October 5, 2020). "'Super Mario Bros. 35' Evokes Nintendo's Strained Relationship With Fan Developers". NPR.{{cite web}}: CS1 maint: url-status (link)
  13. ^ "The guy behind 'Full Screen Mario' thinks Nintendo's 'Mario Maker' looks suspiciously familiar". Washington Post. ISSN 0190-8286. Retrieved 2023-01-30.
  14. ^ Priestman, Chris (October 16, 2014). "Metroid 2 Fan Remake Given Huge Overhaul In GameMaker: Studio". Siliconera. Archived from the original on October 31, 2015. Retrieved August 9, 2016.
  15. ^ Castle, Matthew (February 16, 2012). "Metroid II: Return of Samus… returns! We meet the man out to reboot Samus' Game Boy adventure". Nintendo Gamer. Future plc. p. 1. Archived from the original on February 18, 2012. Retrieved August 9, 2016.
  16. ^ Ishaan (November 23, 2010). "Metroid II Fan Remake Looks Mighty Impressive". Siliconera. Archived from the original on December 20, 2014. Retrieved August 9, 2016.
  17. ^ Fahey, Mike (August 6, 2016). "Brilliant Fan Remake Of Metroid II Arrives Just In Time (Update)". Kotaku. Gawker Media. Archived from the original on August 8, 2016. Retrieved August 9, 2016.
  18. ^ Imms, Jason (November 28, 2016). "Pokemon Uranium and AM2R: Why They Were Pulled from The Game Awards". GameSpot. CBS Interactive. Archived from the original on December 2, 2016. Retrieved October 15, 2018.
  19. ^ Loveridge, Lynzee (August 10, 2016). "Metroid II Remake Shut Down After DMCA Copyright Claim". Anime News Network. Archived from the original on August 11, 2016. Retrieved August 11, 2016.
  20. ^ Matulef, Jeffrey (August 8, 2016). "Metroid 2 fan remake pleases fans, but not Nintendo". Eurogamer. Gamer Network. Archived from the original on August 8, 2016. Retrieved August 9, 2016.
  21. ^ Whitehead, Thomas (September 2, 2016). "Nintendo of America Issues Takedown Request on AM2R, Ending the Project". Nintendo Life. Gamer Network. Archived from the original on September 4, 2016. Retrieved September 10, 2016.
  22. ^ Robertson, Adi (30 August 2016). "No Mario's Sky is the inevitable child of Super Mario Bros. and No Man's Sky". The Verge. Retrieved 6 September 2016.
  23. ^ a b Donnelly, Joe (5 September 2016). "No Mario's Sky parody game blocked by Nintendo lawyers, DMCA's Sky takes its place". Retrieved 6 September 2016.
  24. ^ Sniffen, Brian (4 September 2016), "Takedown notice for 'No Mario's Sky'", Itch.io, retrieved 1 July 2021
  25. ^ ASMB Games, "No Mario's Sky by ASMB Games", Itch.io, archived from the original on 4 September 2016, retrieved 1 July 2021
  26. ^ a b "Nintendo Is Cracking Down On Popular YouTube Music Channels". Kotaku. 2019-08-14. Retrieved 2023-01-17.
  27. ^ Nelson, Will (2022-01-30). "Nintendo issues "over 1300 copyright blocks" on soundtrack videos". NME. Retrieved 2023-01-17.
  28. ^ Diaz, Ana (2022-02-03). "Nintendo crushes fan-favorite game music YouTube channel with thousands of copyright claims". Polygon. Retrieved 2023-01-17.
  29. ^ Loynds, Joel (2022-06-01). "Nintendo continues crusade against YouTubers doing what Nintendon't". Metro. Retrieved 2023-01-17.
  30. ^ "Nintendo, it's time to release your music properly". VGC. 2022-02-16. Retrieved 2023-01-17.
  31. ^ a b Doolan, Liam (2022-12-29). "Popular YouTube Channel 'Did You Know Gaming' Receives Copyright Strike For Heroes Of Hyrule Video". Nintendo Life. Retrieved 2023-01-30.
  32. ^ "YouTuber Beats Nintendo After It Tried Nuking Evidence Of A Canceled Zelda". Kotaku. 2023-01-03. Retrieved 2023-01-30.
  33. ^ Geigner, Timothy (2023-01-06). "DidYouKnowGaming Gets Video Nintendo DMCA'd Restored". Techdirt. Retrieved 2023-01-30.

Copyright disputes involving Nintendo

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