This sort of thing makes me shake my head at Nintendo

So, apparently some guy made an HD version of the first level (the bomb-bomb level) of Mario 64. And it was free.

Nintendo got lawyers and gave a cease and desist order order or whatever and had it taken down.

Here's a video talking about it....and I have to say...I feel the same way as the guy in the video. Maybe not as harshly, but still.....it was a community thing, it was free, and it's basically flattery. Yet, whether or not the guy is right in saying Nintendo is run by a bunch of old guys who are out of touch....it still shows that they are not willing to embrace how things have changed and still think they are untouchable.

Like with the Wii and Nintendo getting mad that all those casuals didn't come back to buy the WiiU.

They don't owe you anything. You didn't make a product they felt was worth buying. Just b/c you're Nintendo doens't mean everyone is going to follow your every move....like sheep.

Heres the video. Theres a source for the story in the info of the video on youtube:

Doesn't matter if its free or not, they still own the copyright and they are well within their legal rights to shut him down. However, I do agree that it is a heavy handed approach to dealing with things like this. Nintendo are as you say are heading down a very dangerous path with their current treatment of fans yet Nintendo fans are like those stereotypical abused wives, no matter how much shit Nintendo gives them, they continue to take it.

Lighten up Nintendo....geez.

He ripped assets from Super Mario Galaxy.

And Square Enix shut down a fan 3D remake of Chrono Trigger.

This is called protecting copyright. It's a legal thing, not an anti-gamer thing.

Hey Fox, guess what I was driving today :D

No idea. What were you driving?

@foxhound_fox: Way to take things out of context.

But I'm not surprised you would have nothing against them treating fan made free "demos" that really don't do any harm and could possibly bring in customers like a fucking murder case.

@mr_huggles_dog: they're not. Murder is a criminal case, this is a civil case

That was the point.

Good job for catching that, rib.

@mr_huggles_dog: the point was that you're wrong? Kind of odd

@mr_huggles_dog: Yeah I'm gonna copy something you made and are proud of, just modernized and you can't get upset about it.

Cant fear for Nintendo's future if you not care about them in the first place...

A bendy :D

The point is that I don't argue with posters like you in long detail b/c I feel if some ppl don't see that posters like you just want to create a fuss....then they don't care either way in reality.

Do they sell Mario 64 on their marketplace? If so then it's not exactly surprising that they wouldn't want someone to remake it free.

@mr_huggles_dog: you're the one always making a fuss. Nothing to do with me

Heard the creator of this was accepting donations or something, which is close enough to making a profit off this project. That's probably why Nintendo shut it down. Project M, a community-made mod for Super Smash Bros. Brawl, has been "ignored" by Nintendo because the creators are very adamant in refusing any sort of monetary compensation (donations, gifts, or otherwise) for their work. Even though it's probably the most well-made mod for a console game in history.

If I already got paid millions for it.....and was going to rerelease it and get more millions for it....and everyone in the world either already knew I originally created it or would be told I did.....AND it was 2% of the overall product....AND it could drive more ppl to want more of my product by introducing new ppl to my product....

Nope...I wouldn't get upset.

Now thats a whole different story.

If he was receiving donations then...no....I don't see anything wrong Nintendo wanting to take it down.

You are taking a very ignorant view on this. This amounts to piracy, something you have been critical on in the past.

@clyde46 said:

A bendy :D

Nice.

Here's what I was pulling on Friday:

I'm pixelating the company name for privacy reasons and the company being fairly strict about security.

If I had a strong stance on piracy in the past, how would I be ignorant of it.

It's not as black and white as you're making it seem.

Downloading a WHOLE game for free, which more than likely means you'll never buy said game....and downloading a a tenth of a game, which essentially is a demo....in HD now....which might bring you to buy the whole game....is not the same.

By your logic all killing should be illegal even if it's self defense.

@Bigboi500 said:

@mr_huggles_dog said:

@Bigboi500 said:

@mr_huggles_dog: Yeah I'm gonna copy something you made and are proud of, just modernized and you can't get upset about it.

If I already got paid millions for it.....and was going to rerelease it and get more millions for it....and everyone in the world either already knew I originally created it or would be told I did.....AND it was 2% of the overall product....AND it could drive more ppl to want more of my product by introducing new ppl to my product....

Nope...I wouldn't get upset.

I don't know what that's suppose to mean.

Before everyone slams Nintendo and acts like they are out to shut down every single fan project because they are evil, keep in mind Project M still exists, as do the other mods to Brawl.

Nintendo has never made any attempts to shut down Project M despite it being a mod that builds upon assests that are in Brawl.

Mother 3 has a fan translation out that Nintendo pretty much has done nothing to stop. In fact, NOA's stance is that its a good thing this translation exists, since fans can enjoy Mother 3.

Nintendo does not go out of their way to shut down fan projects. If they did, the countless hacks of Super Mario World would not exist, nor would Project M or other Brawl Mods. Has Nintendo ever shut down fan translations of Mother 3 or Fire Emblem games?

This is the first time I have ever heard of Nintendo stepping in and shutting down a fan project. Which raises the question, did this guy who was making this remake do something to catch Nintendo's ire? Was he accepting money for the project? Was it something else?

Before we all assume Nintendo is the evil party that wants to shut down an innocent fan-made project, the question needs to be asked. Why did this guy and this Mario 64 remake get Nintendo's ire when so many other fan-based projects like Project M are something they are fine with?

They were also, if I recall, planning on remaking all of Super Mario 64. And since they were making money... yeah.

Also, the guy in the video is an idiot. Just sayin'. How dare they protect the use of their intellectual property. What an evil, out of touch corporation.

Legally, they still own the copyright and are entitled to enforce it if they wish to.

Whereas I give the guy mad props for what he achieved, he also achieved it using assets from Super Mario Galaxy, to remake Super Mario 64, and then accepted (voluntary) monetary compensation for it. That is two active copyrights that he was commercially infringing, of course the project was going to get taken down. As has been pointed out earlier in this thread, other similar projects have been ignored by Nintendo- Project M is one, of course, but think of Time's End for Majora's Mask, Twitch Plays Pokemon (which openly uses emulated versions of the games), or the various Pokemon simulators online- Nintendo doesn't care about fan projects as long as they don't attempt to profit off of their IP and copyrights, which this one did.

It's a shame that they took it down, but they have the right to do so anyways. It's their property and while we all may not agree, it's just how it goes. Can't really get mad at them for doing something they're allowed to do. Plus, they just released Super Mario 64 on the VC, may be different with a free browser version of the first level, but maybe they feared some confusion may occur or whatever. Who knows though, Nintendo can be very confusing at times.

It is black and white. You are taking something that is not yours and passing if off as your own. By all accounts his was taking some form of payment for this, he does not own the copyright for Mario 64 so Nintendo have him bang to rights. It doesn't matter if I agree with what Nintendo are doing, I can see why they are doing it.

Ninty are not obligated to be nice to you, they are here to make money, end of.

And for that comment, it shows just how ignorant you are.

@foxhound_fox: How do you handle the tracking of the trailer? That was what shit me up today. I'm not used to seeing mirrors full of trailer.

@charizard1605: There was nothing about the guy receiving donations so if that is true then, yes....I agree that Nintendo has every right to pull the plug. Is that official or is that still up in the air?

@DarkLink77: As I said...I don't look at it as harshly as he does....but yeah...I'm not really too big of a fan of him since he usually seems to be missing facts...like in this case...it seems others are saying the guy was receiving donations. Which was not brought up in the video.

@caryslan2: I'm not saying Nintendo is evil or that I hate them. As I said I don't look at it as harshly as the guy in the video. All I'm saying is that it could have been treated with a little more fan care than going straight for the throat....if in fact he wasn't being paid in some way.

@clyde46: Speaking of ignorant...you agreed with me.....say cheese clyde....you're on candid camera.

Watching the trailer axles in the mirrors. It's a "feel" thing. When I first started training, 75 feet of vehicle was daunting to put it lightly, but then you just get used to it.

I do like the Roll-Tite trailer though. It makes tarping a breeze.

Nintendo is absolutely out of touch.

Which is a pointless tangent in this specific context.

Your point? What are you going to do? Mod me?

The main story behind it can be shot down, but let's not kid ourselves. This is an exception, not the rule, on balance Nintendo totally does shit that has given any critic of theirs to call them out of touch.

No lol, chill. I'm just continuing the discussion.

I'm saying that you're missing the trees for the forest. Nintendo being out of touch or hopelessly clueless in general doesn't mean that they weren't right in this specific situation.

I say you should mod him anyways.

Hail Nintendo!

I'm going to sleep.

Well that sucks, but you know copyright...is not about being out of touch as much as it is a legal stuff despite being free or an amateur job.

in light of Mario 64 just hitting the eshop, it makes sense.

Yeah mod that fucker Chaz!

That must explain why they released Mario 64 on Wii U, so they claim they have an active trademark being infringed.

Atari is doing the same thing now after legally stopping TKX from releasing on PS4, releasing Tempest again digitally.

I see a pattern here. Basically, in order to force these companies to publish games that they'd normally just sit on their hands and do nothing with, someone needs to go out there and infringe their trademarks. Lesson to gamers, if you wanna see these games you loved re-published, find a talented person to go copy them and twist the publishers nipples into releasing it to prevent a case of abandoned trademark.

As for Nintendo asking this person to stop what they're doing with a desist order, you know I don't know what to make of it. I mean it seems legally they're more entitled to require the person stop if they're providing it to others, I think it'd be different if they just wanted to make YouTube videos of the game remade under a new engine. Where Nintendo, and frankly the rest of the industry is hurting gaming, is YouTube and interfering with content posting. Nothing I think is illegal about people making these videos it's just YouTube is working with game makers to help flow any ad-revenues toward game makers. Now, in no way do I think there's legal restrictions, unless I missed a landmark case, for people to make money off of gameplay videos, reviews, walkthroughs, etc. So, I think gamers need to make and utilize new video hosting services that won't interfere with content, and hopefully something with legal resources to protect its users. It'd probably be Twitch, maybe instead of live streaming everybody should just go host videos on Twitch or Twitch should change to allow this.

Sure, but not in this instance, and not for the reasons the moron in the video stated.

its within Nintendo's right...so no problem with it. What would be a dick move would be..if the person had ask permission from Nintendo & Nintendo said yes...then he did the work & ..when its done...then Nintendo put a stop to it. :P

I just checked my WiiU e shop and mario 64 is available for purchase... its funny how they have an N64 catagory but only one game available for it? xD

Only thing that makes me shake my head is AMIIBOS.

WHY HAVE YOU FORSAKEN YOUR FAN BASE AND CONSUMERS!? DO YOU NOT WANT MY MONEY!?

@foxhound_fox: Don't you know? Nerds don't believe in intellectual property, they believe any software should be free-sourced and publicly shared.

@LegatoSkyheart: I love Amiibos, Nintendo has always made toys, but this is the first time they all can stand up. I also love that their actually rare and worth something.

Honestly sounds like Nintendo were in the right.