Regarding SM63 C&D
Re: Regarding SM63 C&D
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by darthbrowser » August 4th, 2013, 3:51 pm
Nintendo attempted to do this to SMBX:
"On April 17, 2011, Redigit (Andrew Spinks) commented on his YouTube page that he received a call from Nintendo's lawyers asking him to remove Super Mario Bros. X from SuperMarioBrothers.org and delete all SMBX videos from his YouTube account. They also asked him to transfer SuperMarioBrothers.org over to Nintendo. He complied with their first two wishes, but did not want to lose SuperMarioBrothers.org. He said, "It is a good Mario fansite, even without Super Mario Bros. X." Nintendo was going to decide on that and get back to him. Redigit has asked that no one post copies of Super Mario Bros. X on the internet, as it goes against Nintendo's wishes and might make things more complicated for him." (http://gaming.wikia.com/wiki/Super_Mario_Bros._X)
Five months later, Mr. Spinks made another announcement (which, unfortunately, I have failed to find) indicating that Nintendo has no legal rights to force the game to truly disband, for two reasons (note: this is American law):
The second item is rarely known, but is very important because intellectual copyright holders can raise legal sanctions against those using their intellectual property, even if they are not profiting, if the spin-off products/services are enjoying the same or greater success as the copyright holder's own products/services relating to the franchise in question. So, Nintendo could have only had SMBX sites taken down if they could prove the game was more popular then any of their officially released Mario games - since it obviously wasn't, Mr. Spinks was able to make a new SMBX site (http://mariobrosx.webs.com/) without further harassment.
The idea behind the clause is that copyright laws are designed to prevent others from creating successful products/services which steal another's original ideas. Since "success" for a product/service is also defined in terms of popularity, a copyright holder could file a suite against someone using their idea without authorization even if that person was not directly profiting from any of it, providing the spin-off product/service was more popular - more "successful" - then the original inventor's works.
Obviously, Super Mario 63 is not more widely known then any of Nintendo's licensed offerings involving the Mario franchise, and since the game is distributed free of charge, Nintendo has no legal ability to have the game brought down.
Of course, legal threats are not illegal, which means that Nintendo can threaten sites like Newgrounds with lawsuits which would never come in order to coerce them to follow Nintendo's demands. In cases like this, they would comply to avoid any unnecessary risk. However, Nintendo has no legitimate ability to act on its threats if the game was not removed.
SM63 is no danger.
"On April 17, 2011, Redigit (Andrew Spinks) commented on his YouTube page that he received a call from Nintendo's lawyers asking him to remove Super Mario Bros. X from SuperMarioBrothers.org and delete all SMBX videos from his YouTube account. They also asked him to transfer SuperMarioBrothers.org over to Nintendo. He complied with their first two wishes, but did not want to lose SuperMarioBrothers.org. He said, "It is a good Mario fansite, even without Super Mario Bros. X." Nintendo was going to decide on that and get back to him. Redigit has asked that no one post copies of Super Mario Bros. X on the internet, as it goes against Nintendo's wishes and might make things more complicated for him." (http://gaming.wikia.com/wiki/Super_Mario_Bros._X)
Five months later, Mr. Spinks made another announcement (which, unfortunately, I have failed to find) indicating that Nintendo has no legal rights to force the game to truly disband, for two reasons (note: this is American law):
- 1. The game is freeware and is not generating a profit for either Mr. Spinks or any direct SMBX affiliates (Episode designers e.t.c.) nor Nintendo or any of its affiliates, and
2. The game was not threatening to overtake legitimately licensed products of the Mario franchise in direct competition, i.e. SMBX is not more popular than any mainstream Mario game.
The second item is rarely known, but is very important because intellectual copyright holders can raise legal sanctions against those using their intellectual property, even if they are not profiting, if the spin-off products/services are enjoying the same or greater success as the copyright holder's own products/services relating to the franchise in question. So, Nintendo could have only had SMBX sites taken down if they could prove the game was more popular then any of their officially released Mario games - since it obviously wasn't, Mr. Spinks was able to make a new SMBX site (http://mariobrosx.webs.com/) without further harassment.
The idea behind the clause is that copyright laws are designed to prevent others from creating successful products/services which steal another's original ideas. Since "success" for a product/service is also defined in terms of popularity, a copyright holder could file a suite against someone using their idea without authorization even if that person was not directly profiting from any of it, providing the spin-off product/service was more popular - more "successful" - then the original inventor's works.
Obviously, Super Mario 63 is not more widely known then any of Nintendo's licensed offerings involving the Mario franchise, and since the game is distributed free of charge, Nintendo has no legal ability to have the game brought down.
Of course, legal threats are not illegal, which means that Nintendo can threaten sites like Newgrounds with lawsuits which would never come in order to coerce them to follow Nintendo's demands. In cases like this, they would comply to avoid any unnecessary risk. However, Nintendo has no legitimate ability to act on its threats if the game was not removed.
SM63 is no danger.
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darthbrowser - As Ninja As Myst
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Re: Regarding SM63 C&D
by Kimonio » August 4th, 2013, 6:59 pm
I think I might be wrong...but when I talked to friends I had on SMB.org, they told me the call was a fake? Im not totally certain...I cant seem to find Redigit to ask him about SMBX and everything...
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Re: Regarding SM63 C&D
by Megar » August 5th, 2013, 1:56 am
Being a member of the SMBX community, and knowing people who have Redigit on Steam, I can tell you things.
1) The call was real, but Nintendo didn't care about the game. They wanted the domain. This is obviously a different situation, though.
2) Uh... Terraria, I guess. That's probably why he stopped development.
3) A new website, SMBX:R provides a download link to the game. Nintendo obviously haven't seemed to care.
If you have any questions, don't hesitate to ask.
1) The call was real, but Nintendo didn't care about the game. They wanted the domain. This is obviously a different situation, though.
2) Uh... Terraria, I guess. That's probably why he stopped development.
3) A new website, SMBX:R provides a download link to the game. Nintendo obviously haven't seemed to care.
If you have any questions, don't hesitate to ask.
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Re: Regarding SM63 C&D
by *Emelia K. Fletcher » August 5th, 2013, 4:44 am
The gist of the whole SMBX fiasco I got was Red got a call and was like "oh cool I'll just drop SMBX for the time being and make Terraria".
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*Emelia K. Fletcher - Who's this douchebag?
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Re: Regarding SM63 C&D
by koolkid » August 6th, 2013, 3:49 pm
(this seemed the most relevant place but)
so i tried to download the Sm63.exe,and my firewall is going crazy about it and sayings its a virus and blablabla. is their a mirror link or something that wouldn't set it off? (its not seriously a virus is it?)
but,its sad. sm63 was the first internet game i ever played :L
so i tried to download the Sm63.exe,and my firewall is going crazy about it and sayings its a virus and blablabla. is their a mirror link or something that wouldn't set it off? (its not seriously a virus is it?)
but,its sad. sm63 was the first internet game i ever played :L
I hate my old sig.
Because I am more mature now.
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Because I am more mature now.
Also, I just opened the airlock.
Enjoy the vacumn lanius crewmembers :3
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Re: Regarding SM63 C&D
by adventuretimemadness » August 9th, 2013, 5:08 am
We Need To Change the Future! -Shulk
Are we food? No we are the hunters!
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Re: Regarding SM63 C&D
by supermario123 » August 9th, 2013, 6:13 pm
But seriously, just move on to LL. I don't understand why Nintendo is doing these things, but like the monetization fisaco, it most likely won't pull through.
Now please excuse me back to my hiatus until the next LL update is announced.
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Re: Regarding SM63 C&D
by Raz » August 9th, 2013, 7:18 pm
supermario123 wrote:Didn't Fulp say it might be taken down.Based on my copyright understanding, as long as it's freeware and Runouw hasn't made money off of ads, it should be okay. About SMBX, it would have died anyway, Redigit stopped to work on Terraria. Our community is dedicated enough to continue working on the game and continue making levels.
But seriously, just move on to LL. I don't understand why Nintendo is doing these things, but like the monetization fisaco, it most likely won't pull through.
Now please excuse me back to my hiatus until the next LL update is announced.
Redigit is already planning a new update for terraria which has a ♥♥♥♥ ton of new things and is coming very soon.
I don't think you read the thread. SM63 is like a whole 'nother world for other people. You don't understand.
Now stop posting in this thread we already settled nothing is going to happen
Disclaimer: none of these messages have been edited, context can be provided if needed (thanks discord!) but absolutely does not change anything about these messages and that he's too overly defensive and cocky to make situations better
Karyete: I don't have anything to say to you, I've been deliberately trying to not offend you for years, actually, but apparently everything I say to you is wrong. You come across as so aggressive that you successfully intimidated me into not wanting to talk to you
Karyete: Seriously, what is your problem? And not only that, you fail to even acknowledge you might be in some wrong here.
Karyete: Oooh it's you? Hello. Feel free to drop this right now. You're going to make yourself look like an idiot.
Karyete: We don't want to hear your opinion at this stage.
Karyete: You're not getting any apology, especially after now.
Karyete: You can stay up on your high horse, continue to twist the truth and act like an absolute child all you want. I refuse to give respect to a man who right now is picking up a dropped argument because he simply cannot fathom the idea that he might be in the wrong.
Karyete: How pathetic
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