Forum - View topicNEWS: Nintendo Blocks Fan Remake of Super Mario 64
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B00m23
Posts: 60 |
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Also, something like this is not going to prevent people from producing adult/questionable content with their IPs, so I don't see where you're going with this. It's the same concept as Anime and doujinshi. |
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Kikaioh
 Posts: 1205 Location: Antarctica |
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It's not eluding me, you're not getting the point. This forum thread is about a freely distributed and popular hd remake of a Nintendo game. All those fans aren't exactly compensating Nintendo for playing this unauthorized remake. Again, fandom isn't enough to keep a company alive, there has to be money too. And it's not necessarily true that fans are the only ones purchasing these games (I'm sure there's a demographic of parents that purchase Nintendo games for their children because they're safe and of a good quality).
Except that Nintendo isn't an anime/manga publishing company, they make video games, which means it stands to reason they might not want for people to have their games confused with unauthorized HD remakes. In the 90's and 2000's Nintendo was much more protective of their Intellectual Properties to the point of cracking down strongly against porn renditions of their characters, and only in recent years have they gotten more lenient. Ultimately it's Nintendo's decision to make in regards to gauging how much an unauthorized work interferes with their Intellectual Properties, and this is one of those instances. |
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mangamuscle
Posts: 2658 Location: Mexico |
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Huh? Beg your pardon? There is no money here to be made, Nintendo can go suck on a rock all they want to see how many five yen coins they can extract. I bet you would advise Elvis daughter to hunt down all those impersonators until they quit or pay up some hard cold cash. You really have no idea.
What? Are you out of your mind?
Nintendo makes software just the same, interactive software specifically. The differentiation is artificial. Also, there have been many doujin companies making software in comiket for years, the only difference is that they are far fewer because you require far more time/resources to make anything worthy of a second glance.
They could ask for a big disclaimer "This is not official software, etc, etc" at the start of the game and everybody would comply. I am waiting yet to hear from the angry customer that confused a doujinshi with the real deal. |
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Wandering Samurai
 Posts: 875 Location: USA |
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If that is the case then why aren't you writing to Nintendo either by letter, email or Twitter and let them know how unhappy you are that they decided in the best interest of their company, income, profits, and stockholders to have an unauthorized copy of their game removed. Nintendo is well within their rights to do with their property what they want. Power/Rangers is one thing, but an exact copy of a level within the actual Super Mario 64 game technically makes it illegal. |
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B00m23
Posts: 60 |
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But it literally poses no threat to their profits |
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Mr. Oshawott
 Posts: 6773 |
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^
However, the fan-made remake does put Nintendo at risk of minimal profit potential with their official relaunch of Super Mario 64 when the former is being distributed for free. |
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Drunk
Posts: 198 |
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Nintendo has every right to stop this remake. Nuff said.
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ikillchicken
 Posts: 7272 Location: Vancouver |
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These threads are always so stupid because they basically amount to one camp of people screaming "They have every legal right to do this!!!" and another camp of people screaming "This is totally unnecessary and they shouldn't have done it!!!" I mean, you guys get that these two statements are perfectly consistent with one another don't you? Or do you somehow actually think that "this is legal" entails that "they should do this" or conversely that "they should not do this" entails that "this must be illegal"? Or maybe you're all just really determined to scream at each other.
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Yadilie
Posts: 104 |
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Because some people like putting their skills to the test to try and re-create things in a new style. It's a test of modeling and texture skills. The more gap there is the more of a challenge it can be. Sunshine would just be re-doing textures for a higher resolution and you'd be done. I still don't understand why people backlash towards Nintendo on such petty and dumb things when they're completely fine with the release of the NNDS and what that means for that whole handheld line. |
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lizardking461
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It truly is astonishing how many brain-dead internet commentators don't understand one of the most basic tenets of copy-right, and-or how much the culturally ingrained anti-Nintendo bias of the modern gaming community shows when people highlight things like this as indication of Nintendo "being out of touch with their fans".
Let me spell it out for such people: any and all university students that study creative practices from the get-go are told that, if you wish to use copy-righted material in portfolios or show-reels, you cannot make such material publicly available in any way. If this twit was silly enough to do this then he has no-one to blame but himself, not that he even seems to be the one complaining. If you cannot follow the trail of logic as to how Nintendo allowing this to remain public could potentially damage their profits by encouraging others to make yet more publicly available creations using THEIR assets, and possibly even to monetise such things, then you are a simpleton.
They have the legal right and the business PREROGATIVE. Turning this into a question of arbitrary morality as you have done is far more stupid then actually calling this as is: i.e. standard business practice. |
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Kikaioh
Posts: 1205 Location: Antarctica |
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You originally asserted that Nintendo owes its existence to fans. I asserted that Nintendo owes its existence to paying customers. Whether Nintendo could make any worthwhile amount of money from this fan remake is besides the point --- the point is that Nintendo doesn't make any money from this fan remake, and fwiw Nintendo can't exist solely on games that fans play that don't make them money. It's as simple as that --- fandom alone doesn't keep a company alive, paying customers do. And on a side note, could you please stop being so sassy? Constantly saying things like...
...just breeds bitterness and contempt in the conversation. I realize how much you hate the idea of copyright, but constantly questioning the reasoning skills and sanity of people who support it is just going to kill this conversation by making it way too personal.
You can keep comparing apples and oranges if you want. Like I said before, Nintendo used to be very protective of their IPs even in the realm of dojinshi back in the 90's and early 2000's, and only in recent years have they gotten more relaxed about it. At the end of the day it's up to Nintendo's judgement whether a game might interfere with their market brand, and what they want to do to protect their intellectual properties. Nintendo built their company on a foundation of copyright protection, and unlike the manga and anime industry I think Nintendo probably intends to maintain those strong protections before fans get the wrong idea. |
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leafy sea dragon
 Posts: 7163 Location: Another Kingdom |
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Nintendo, in fact, does not need the fans. Nintendo completely ignored its fans with the Wii by acquiring a new group of fans and became wildly successful. Nintendo has a history of actively going against fans' desires. For every company, there are going to be fans who will hurt the bottom line, and those fans can and should be discarded. Fans that are embarrassing, fans that create negative impressions on people, fans that pirate their material, fans that are extremely picky on what they want. The Sonic series's problems stem entirely from SEGA trying to listen to what the fans want, which is why many of them are glitchy schizophrenic messes. In the event that a fanbase becomes sufficiently toxic, the best course of action is to throw away that fanbase and get a new one.
The idea is that if a company turns a blind eye to a fan-made derivative work done without the company's permission that hurts their brand image, that company can no longer fight back against any subsequent fan-made work that hurts their brand image in that way because that incident where the company turned a blind eye can then be used in court as an example of inconsistent behavior. Notice that companies with a family-friendly image are (or were if defunct) almost always extremely harsh with taking down fan-made stuff: Nintendo, Disney, Studio Ghibli, King Features Syndicate (publishes comic strips like Peanuts) the Seuss estate, Scholastic, and 4Kids Entertainment. Hasbro is the only major exception. That's because they're the companies with the most to lose if their family-friendly image is broken, and that is most easily done if a fan-made work becomes popular and done well enough that it could be mistaken for an official product. Even Hasbro, which normally lets fans do their own thing, put its foot down with My Little Pony: Fighting Is Magic. Why? Because the game not only goes against the pacifist and nonviolent themes of the show, but its visuals and sound are so well done, they could easily be mistaken for something official. Fighting Is Magic had a good chance of hurting the IP if the little girls, or their parents, acquired the game and got the wrong impression of it.
Indeed, I never believed that fans alone can sustain a franchise, unless it's on the scale of Star Trek or Michael Jackson. And Nintendo, as a whole, is definitely not on that scale. The only video games I think would be on that scale are Angry Birds and possibly Minecraft. Nintendo can thrive because it always aims outside of its fandom. It goes for as broad an audience as possible. Heck, as I mentioned earlier, Nintendo is possibly the company that cares about its fandom the least.
Actually, she has already tightened their leash--she trademarked the word "Elvis" in 2012. This also means works of fiction cannot use the name Elvis while referring to a man resembling Elvis Presley. (Using it as a general, ordinary given name is still just fine though, as was done in Quantum of Solace.) Elvis Presley Enterprises is among the most sue-happy companies, constantly going after those who show Elvis's likeness in unflattering ways. This is why there has been a sharp decrease in portrayals of "fat Elvis," for instance. |
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Deacon Blues
Posts: 391 Location: Albuquerque, NM |
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I'm wondering how they can file a copyright claim on the "computer program" aspect of it when this guy seems to have coded everything himself. I don't suppose he hacked into the system and got the source code and just upped the animation quality, but I could be wrong.
I suppose all he really has to do is just deform the characters a little bit and he's free to continue on... |
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Kurama4Ever!
Posts: 66 |
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This is a pretty big claim to make. Nintendo is still a huge and incredibly successful company. Do you have any evidence to back up this claim? |
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mangamuscle
Posts: 2658 Location: Mexico |
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@Wandering Samurai
I am not fan of Nintendo (look in my room all you want, you will not find any purchase that has given them 1 cent nor there is any pirate plushie of mario or similar), doing what you say would entail that I care and it is quite the opposite, I will dance on Nintendo's grave or throw tomatoes at them once they become a shadow like sega. @Kikaioh/leafy sea dragon You seem to think that fan and fanatic are synonyms, No, they are not. So I stand by my words, any entertainment company needs its fans to exist, they are nothing without them. Nintendo have pissed of their fans, yet not all of them but their grasp on their fanbase grows dimmer by the day (more people play on iOS/Android devices than on Nintendo/s, Nintendo is the new blackberry), so it is just a matter of time and then all the fans they will have left will be the fanatics, which are too few for a company of their size to retain relevance of the level they have enjoyed for decades. p,s, Ms Presley can sue all she wants, there still is no money to be made there, she is only wasting her time and money. Usage of mario in a non profit educational recreation (yes, programmers can learn by looking at source code) would be fair use in the USA and in japan they do not need to sue to keep their intellectual properties. Of course other projects may require suing, I would need to look at them, but this thread is about this specific cockblocking. |
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