Slashdot Mirror
Nintendo Threatens Suicidegirls Over IP Use
An anonymous reader writes "Suicidegirls (a not safe for work adult community) posted a nasty letter they received from Nintendo demanding they remove a member's page on their site because the member listed Metroid and Zelda as their favorite video games." Update: 10/28 02:49 GMT by Z : BoingBoing has an update to the story (probably where the reader saw it in the first place), saying the law firm that represents Nintendo Seattle is looking into it.
More likely they've got staff doing google keyword searches and found it that way.
You! Yes, YOU! Out of the gene pool!
Apparently this is not the first time that lawyers from Perkens Coie have sent meritless cease and decist letters to websites on behalf of Nintendo.
It would be interesting to find out more about thier relationship with Nintendo. It doesn't make any sense that Nintendo would actually want to sue it's fans for promoting their games. Almost seems like some lawyer who is paid on commision and got over eager, expecting that it would never garner Nintendo's or the press's attention.
> From: Stop IP Infringement <StopInfringement@PerkinsCoie.com>3 80354/ :ceh
> Date: October 27, 2004 10:12:06 AM PDT
> To: "'spooky@suicidegirls.com'" <spooky@suicidegirls.com>
> Subject: Infringement of Nintendo Intellectual Property Rights
> October 26, 2004
> VIA EMAIL ONLY
> Administrator: spooky@suicidegirls.com
> Re: http:/www/suicidegirls.com/members/RuneLateralus/
> Infringement of Nintendo Intellectual Property Rights
> IDENTIFIED PROBLEM: Pornographic Web site uses Nintendo in link,
> text, source code, Zelda and Metroid in text
>
> Greetings:
>
> We represent Nintendo of America Inc. ("Nintendo"), the owner of the
> trademark(s) and/or copyrighted works listed above (the "Nintendo
> trademark(s)/works"). It has come to our client's attention recently
> that you are using the Nintendo trademark(s)/works in the hidden
> text/visible text/meta tags and/or title and/or links of the
> above-referenced sexually explicit Web site. This use is
> unauthorized, and we are writing to demand that you immediately cease
> and desist this infringement of Nintendo's intellectual property
> rights.
>
> Nintendo has acquired substantial rights in the Nintendo
> trademark(s)/works. Nintendo's customers--including many children and
> their parents--have come to identify the Nintendo trademark(s)/works
> with the high quality of Nintendo products. Your unauthorized use of
> the Nintendo trademark(s)/works will tarnish Nintendo's reputation.
>
> This infringement of Nintendo's intellectual property rights can
> subject you to sanctions under applicable federal and state laws.
> Accordingly, you must immediately cease and desist from any and all
> use of (1) the Nintendo trademark(s)/works, (2) any other Nintendo
> trademark(s)/works, and (3) any mark which is confusingly similar to a
> Nintendo trademark. This includes, but is not limited to, your
> infringement of Nintendo's intellectual property as explained above.
>
> I look forward to your immediate confirmation that you have taken the
> necessary steps to resolve this matter. To that end, you may contact
> me at either 2063596742 or StopInfringement@perkinscoie.com.
>
> Sincerely,
> Melissa Morgan Nelson
> Perkins Coie LLP
> 1201 Third Avenue, Suite 4800
> Seattle, WA 98101-3099
> http://www.perkinscoie.com
>
>
>
> cc: Nintendo of America Inc.
>
> ISP: peter.luttrell@3jane.com
>
> File: 51.13
>
> NOTICE: This communication may contain privileged or other confidential
> information. If you have received it in error, please advise the
> sender by
> reply email and immediately delete the message and any attachments
> without
> copying or disclosing the contents. Thank you.
ACs are modded -6. I don't read you, I don't mod you, I don't see you. Don't like it? Don't be a coward.
Virtually all the absurd C&D letters I've seen on the web have come from firms representing the company that actually owns the intellectual property in question.
"The question of whether a computer can think is no more interesting than that of whether a submarine can swim" -EWD
"No one likes working in a hamster wheel, and your shop smells of cedar shavings from here." - TaleSpinner
It would be if it was actually valid. The grandparent poster obviously didn't bother to actually look at the links. Mod grandparent down.
"No one likes working in a hamster wheel, and your shop smells of cedar shavings from here." - TaleSpinner
Perkins Coie is one of Seattle's oldest firms, established in 1912. As I mentioned in an early post, they have been doing this sort of thing for Nintendo since at least 2001. Google searches show that several high level employees including a senior vice president, and Head Legal Counsel have had jobs at both companies. I doubt that Nintendo had direct knowledge of this suit, but Perkins Coie is definately working for them.
Trademarks explicitly do not protect from commentary or criticism (of the literary variety). The trademark holder cannot stop you from saying "this is my favorite game" or even "this game sucks donkey dick," so long as you make it clear it's your opinion.
In short, no, there's no legal basis for the email, and Nintendo should be crucified for extortion, and hit with substantial SLAPP sanctions if they file a lawsuit.
I wish I bought their crap, just so I could stop. But then, this is nothing new from Nintendo. They've been dicks for a long, long time.
Nintendo may have gone towards a kiddie console setup, but they do still sell M rated games.
/nitpick
Actually, they don't. All Nintendo developed games are rated T at worst. The only possible exception is Eternal Darkness, which was developed by former Nintendo second-party producer Silicon Knights
Not quite. The Aspriin was lost in the USA, true. However, Thermos was not. Another one that is incorrectly thought to have been lost is Kleenex. Others that are still valid, despite being used as a generic term by most peopleXerox, Dumpster, Coke, Band-Aid, Jeep, Rollerblade, and Speedo. Why are they still valid? Because to lose it, another company has to use it to describe their product, and you have to let them.
In other words, it doesn't matter how many guys on the street, or TV characters, or whatever, call a waste bin a "Dumpster", they can keep their trademark. However, if another company sells a "Dumpster" the company holding the trademark either must sue, or give up the trademark.
ASCII stupid question, get a stupid ANSI
How many times has Sean (the straight male who started and runs the site, while pretending that it's a queer-friendly, woman run enterprise) from Suicidegirls crudely exploited Slashdot for free advertising? This is a pattern that has been happening time and time again, and it's ridiculous that the moderators here haven't realized it.
Suicidegirls is not a DIY, woman-run project. "Missy" is their PR point-person, who gives a progressive, friendly face to an otherwise pretty sleazy operation. The site is actually owned and run by a guy named Sean Suhl (public knowledge, not saying anything new here), who is not exactly the most progressive guy on the planet. His politics are solidly right-wing (although he's a neo-conservative, who are more libertarian when it comes to sex... as long as someone can make money from it). Dozens of models have quit or been kicked off the site, many of whom were basically removed for being too "opinionated".
Ultimately, Suicidegirls is the Hot Topic of alternative porn. They took an underground, DIY concept, polished it, and presented it slick and packaged back to the community that created it. You can read more about it in the SGirls community on Livejournal:
http://www.livejournal.com/users/sgirls
As a disclaimer, I'm not anti-porn. I'm a big fan of any porn that is sincere, DIY, and woman-oriented. There's a whole slew of sites, some of whom have been around longer than SG, such as FatalBeauty, ManicJane, VegPorn, along with DIY erotica zines such as State of Nature.
SG is not DIY, they don't challenge patriarchal standards of beauty, and they don't give a crap about the women who pose for the site. This attempt by Sean for cheap publicity is yet another example of the only thing SG really does well: Marketing.