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Possibility of Nintendo DMCA'ing obscure remakes? - Printable Version

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Possibility of Nintendo DMCA'ing obscure remakes? - OssieTheOstrich - 01-20-2022

One thing I noticed about most Nintendo fangame remakes that taken down is that most are competing with games that Nintendo is either:
  • A) Still selling in one shape or form (be it Virtual Console or even official remakes)
  • B) Currently developing something which a fan is unknowingly competing with.
So I was wondering: If Nintendo takes down fangame remakes that compete with something they're already selling, then what about remakes that are of games you can't get from them legitimately? (mostly because they aren't selling them in any shape or form)
 
Examples of such remakes would be like:
  • Hotel Mario
  • Mario is Missing
  • Mario's Time Machine
  • Mario's Game Gallery/Mario's Fundamentals
  • Mario Teaches Typing 1/2 etc
Would Nintendo go as far as taking down those? Because if yes, then that would mean they'd acknowledge projects which they are not really fond of/would like the public to remember.
 
also huh, first forum thread of 2022



RE: Possibility of Nintendo DMCA'ing obscure remakes? - Vert - 01-20-2022

The CD-i fan remakes seem to indicate that no, they wouldn't really care. Those have been up without problems for a few years now I believe.


RE: Possibility of Nintendo DMCA'ing obscure remakes? - OssieTheOstrich - 01-20-2022

One thing I kinda want to add to this:

Apparently Super Mario Run didn't do very well for Nintendo, so much so that the game's failure was the reason they shifted to a micro-transaction kinda model later on.

So, would remaking that in one shape or another be DMCA worthy for them?


RE: Possibility of Nintendo DMCA'ing obscure remakes? - Roo - 01-20-2022

"Would remaking a game they're selling right at this very moment be DMCA-worthy?"

Gee, I dunno. Why don't you try and tell us how it goes.


RE: Possibility of Nintendo DMCA'ing obscure remakes? - Wigbert - 06-28-2022

Here's the skinny: If the Big N comes at with with a Cease&Desist, just keep on doing what you're doing.
The fact is that in order to sue you Nintendo has to prove that because your game exists it made them lose money. [At least in the USA.]
The problem with that is that it's almost impossible to prove.


RE: Possibility of Nintendo DMCA'ing obscure remakes? - OssieTheOstrich - 09-01-2022

(01-20-2022, 02:44 PM)Roo Wrote: "Would remaking a game they're selling right at this very moment be DMCA-worthy?"

Gee, I dunno. Why don't you try and tell us how it goes.
Well, if you put it that way, it kinda does sound like a "Ask a Stupid Question" sorta orderal.

Though, the funny thing is, I was actually considering to remake Mario Run at some point, but I never ended up doing any programming work on that.

And it's probably a good thing I didn't end up doing it.


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