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Nintendo Copyright Troll Alert, Some idiot DMCA claiming fan games
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 Post subject: Nintendo Copyright Troll Alert
PostPosted: Sun Jun 02, 2013 1:17 am 
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A ZIP of Super Mario Fusion: Revival 0.4 that I had uploaded to MediaFire was taken down by someone posing as a Nintendo employee.

Quote:
Dear MediaFire User:
MediaFire has received notification under the provisions of the Digital Millennium Copyright Act ("DMCA") that your usage of a file is allegedly infringing on the file creator's copyright protection.

The file named SMFR 0.4 Beta.zip is identified by the key (4d7epfchc2fpoge).

As a result of this notice, pursuant to Section 512(c)(1)(C) of the DMCA, we have suspended access to the file.

The reason for suspension was:

Copyright Infringement property of Nintendo.
Information about the party that filed the report:

Company Name: Nintendo of America Inc.
Contact Address: 4600 150th Avenue N.E., Redmond, WA 98052
Contact Name: Jason Allen
Contact Phone:
Contact Email: jason.allen@noa.nintento.com
Copyright infringement violates MediaFire's Terms of Service. MediaFire accounts that experience multiple incidents of alleged copyright infringement without viable counterclaims may be terminated.

If you feel this suspension was in error, please submit a counterclaim by following the process below.

Step 1. Click on the following link to open the counterclaim webpage.

http://www.mediafire.com/myaccount/suspension_claim.php? u=[REDACTED]
Step 2. Use this PIN on the counterclaim webpage to begin the process:

[REDACTED]
Step 3. Fill in the fields on the counterclaim form with as much detail as possible.

This is a post-only mailing. Replies to this message are not monitored or answered.


Although Mario fangames technically do use Nintendo's property without permission, Nintendo is usually very permissive of fan games. Also, this DMCA claim lacks several necessities for it to be valid. It doesn't mention the intellectual property that was infringed, nor what material infringed on that property. Seriously, the claim is only five words long. It also lacks a statement of good faith and a statement that the claim is accurate and made by an authorized person under pain of perjury.

The e-mail is bogus. The url "nintento.com" redirects to one of those dumb web pages with nothing but text ads. There was a Jason Allen that worked at Nintendo of America, but he worked from 2007 to 2008 as a Wii Specialist (who I doubt has authorization to send DMCA claims).

In case anyone else's fan game is targeted by this copyright troll, I've made a pastebin of my counter-claim. You might not be able to argue that you aren't using Nintendo's content without permission, but you can still dispute the claim on the grounds that it is absolutely pathetic. You may also want to look at the DMCA Section 512 yourself, if you aren't afraid of legalese.

EDIT: This guy also tried to take down Dolphin, the Gamecube/Wii emulator. Source

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 Post subject: Re: Nintendo Copyright Troll Alert
PostPosted: Sun Jun 02, 2013 1:45 am 
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Don't look at your profile sillywabbit
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I hope the dude doesn't try to take down stuff like Lunar Magic or Golden Egg.

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 Post subject: Re: Nintendo Copyright Troll Alert
PostPosted: Sun Jun 02, 2013 1:49 am 
I never really was on your side.
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TiKi wrote:
I hope the dude doesn't try to take down stuff like Lunar Magic or Golden Egg.

Given the popularity of Lunar Magic, I'm sure there are more than one download. Or it can constantly be re-uploaded. One guy can't stop every single submission in the world.

 
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 Post subject: Re: Nintendo Copyright Troll Alert
PostPosted: Sun Jun 02, 2013 1:56 am 
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The horrors. I cannot believe people like this exist in the world.

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 Post subject: Re: Nintendo Copyright Troll Alert
PostPosted: Sun Jun 02, 2013 9:47 am 
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Goodbye.
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what sucks is how easy it is to do this.

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 Post subject: Re: Nintendo Copyright Troll Alert
PostPosted: Sun Jun 02, 2013 10:16 am 
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Is that a jojoke?
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Quote:
Contact Email: jason.allen@noa.nintento.com

What? Who's Nintento? Even my spell checker option on Google Chrome thinks this is bogus.

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 Post subject: Re: Nintendo Copyright Troll Alert
PostPosted: Sun Jun 02, 2013 10:50 am 
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Sharing is good.
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Cap'n Coconuts wrote:
Nintendo's property[...] intellectual property

This is all copyright. There's no reason to muddle the issue by saying "intellectual property" (which is a bogus generalization in the first place).

WRT the actual topic: yes, this is pretty awful. The DMCA forces Mediafire (and any other website) to immediately take the file(s) that allegedly infringes copyright. Your only recourse is to submit a counter-notification. It's "guilty until proven innocent". But I don't think copyright itself is just; this government-issued legal monopoly on culture should be abolished entirely in the long run, and in the short term, it should be drastically reduced (90 years, which I think is the flat time for copyrights held by companies, is clearly way too long; anything longer than 10 years is ridiculous).

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 Post subject: Re: Nintendo Copyright Troll Alert
PostPosted: Sun Jun 02, 2013 9:50 pm 
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Still waiting for a response from Mediafire about the counter-claim. In my mind I can only think that DMCA claims are automatically put into effect by software and counter-claims have to be read by some underpaid guy in a cubicle.

Guilty until proven innocent indeed.

Quote:
This is all copyright. There's no reason to muddle the issue by saying "intellectual property" (which is a bogus generalization in the first place).


Okay, now you're just starting to sound pedantic.

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