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Mario 64 Remake Receives a DMCA Complaint From Nintendo
jones_supa writes: Well, we saw this one coming. Just a couple of days after computer science student Erik Roystan Ross released a free recreation of the first level of Nintendo's 1996 Super Mario 64, Nintendo filed a Digital Millennium Copyright Act complaint. It was sent to the content distribution network CloudFlare and the complaint asked to immediately disable public access to the page hosting the remade game. CloudFlare forwarded the complaint to the person hosting Ross' game, after which the hosting provider (a friend of Ross) had to take the game down. Nintendo also sent Ross takedown notices for his downloadable desktop versions of the Bob-Omb Battlefield. Nintendo is famously protective of its copyright, taking issue even with "Let's Play" videos posted on YouTube and threatening to shut down live-streamed Super Smash Bros tournaments."
I mean, sure, I'm a fan of Nintendo... ...But here's the thing. Mario 64 is a game that Nintendo actively remakes, updates, and sells. It's on their shop RIGHT THIS SECOND, updated to work with all the new controllers and whatever on the Wii-U. What legal precedent do they set if they allow a guy to just flat out reimplement their game? Note that they are going with "DMCA takedown"- that's a reasonably soft pitch that doesn't land some cool coder in real legal troubles.
Note that unlike most DMCA (ab)use, this isn't "a website where I told you how to read data on your drive" or "a hyperlink, which is magically indistinguishable from the real thing now" or "an emulator unrelated to our characters, games, or code". This is, some guy made a version of their game and put it online. A game they actively sell for their current system (they may even be making the DS version).
I just don't see this as something that, legally, they can leave up there.
This one's easy: Nintendo still sells games. They're afraid that if people start playing conversions of their old games (or even just start watching videos of other people playing old games), they'll have no incentive to go out and by their newer games/consoles.
The reality probably includes that, but also includes the fact that since IP goes so deep, any Nintendo games are likely to include IP licensed from others, with specific contract details outlining how the IP can be used. If some third party starts duplicating/redistributing this IP, things get messy.
Not the way it *should* be, but it's the way it *is*. Shortening copyright to 14 years for digital works would fix a lot of this.
They're terrified of their brand ever being associated with "adult" material because parents might sue them for said exposing their child to hypothetical adult material.
That must be why Nintendo partnered with Playboy to promote the Nintendo exclusive release of Bayonetta 2.
http://wiiudaily.com/2014/10/nintendo-partners-with-playboy-to-promote-bayonetta-2/
http://bayonetta2.nintendo.com/
http://www.playboy.com/galleries/pamela-horton-nintendo-bayonetta/slide-1
You really need to look into fair use and DMCA.
Fair use does allow short excerpts from others work to be used legally.
True if those short excerpts are part of a bigger whole. In this case the copyright material is the whole work.
I would say a 'parody work'
Parody is not emulating the exact same game play as the original. There needs to be significant differences.
THE DEMO CREATOR CAN PUT HIS DEMO BACK UP AFTER NOTIFYING HIS HOST AND CLOUDFLARE THAT HE IN FACT OWNS THE CONTENT
The real process is as follows;
1. Someone posts material
2. A copyright holder files a DMCA take down notice.
3. The ISP takes the material down.
4. The poster files a counter claim.
5. The ISP forwards the claim to the person who filed the takedown notice.
6. The ISP will wait 10-14 days to allow the initial filer to start legal action.
7. If legal action does not occur the post goes back up. If it does the post stays down.
Nintendo will have to prove the work violated copyright law to get an order from a judge to have it taken down.
It is actually the other way around. Once a DMCA take down notice is filed and a legal action is started the material will stay down until a judge allows it up.
taking a 3 minute excerpt from a 2 hour film and is completely fair use of Nintendo's IP
If the "new" work is only 3 minutes long then no it is not fair use.