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Nintendo issues DMCA takedown for Super Mario Bros. Commodore 64 port

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  Nintendo issues DMCA takedown for Super Mario Bros. Commodore 64 port not@telling.you.invalid (Computer Nerd Kev) - 2019-05-02 23:36 +0000
    Re: Nintendo issues DMCA takedown for Super Mario Bros. Commodore 64 port RS Wood <rsw@therandymon.com> - 2019-05-03 21:54 -0400
      Re: Nintendo issues DMCA takedown for Super Mario Bros. Commodore 64 port Robert <monstoor@spammedia.com> - 2019-05-05 21:27 +0100
      Re: Nintendo issues DMCA takedown for Super Mario Bros. Commodore 64 port Eli the Bearded <*@eli.users.panix.com> - 2019-05-06 16:24 +0000
        Re: Nintendo issues DMCA takedown for Super Mario Bros. Commodore 64 port RS Wood <rsw@therandymon.com> - 2019-05-07 00:24 +0000
        Re: Nintendo issues DMCA takedown for Super Mario Bros. Commodore 64 port Stephen Hall <s__hall@gmail.com> - 2019-05-07 09:41 +0000

#17928 — Nintendo issues DMCA takedown for Super Mario Bros. Commodore 64 port

Nintendo issues DMCA takedown for Super Mario Bros. Commodore 64 port
 by Kyle Orland - Apr 23, 2019
- https://arstechnica.com/gaming/2019/04/nintendo-issues-dmca-takedown-for-super-mario-bros-commodore-64-port/

"Late last week, a retro computer developer going by the handle
 ZeroPaige culminated what he said was seven years of development
 on Super Mario Bros. 64, a complete and highly authentic port of
 the original NES side-scroller for the original Commodore 64
 computer. The 109KB file is an incredible achievement, coded for a
 computer with a clock speed of around 1Mhz (about 55 percent of the
 NES' speed) that needs a bit of massaging to get smooth screen
 scrolling working at all.

 Last night, though, Nintendo reportedly issued a DMCA notice for the
 game, leading to its removal from many hobbyist sites and upload
 services. "Due to a DMCA takedown notice we had to remove the Super
 Mario Bros. 64 download from our website blog post from 4 days ago,"
 the Vancouver-based hobbyist group Commodore Computer Club tweeted
 last night. "Hopefully everyone enjoys the Commodore 64 game who was
 able to snag it."" ...

-- 
__          __
#_ < |\| |< _#

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#17935

On 2019-05-02, Computer Nerd Kev <not@telling.you.invalid> wrote:
> Nintendo issues DMCA takedown for Super Mario Bros. Commodore 64 port
>  by Kyle Orland - Apr 23, 2019
>  Last night, though, Nintendo reportedly issued a DMCA notice for the
>  game, leading to its removal from many hobbyist sites and upload
>  services. "Due to a DMCA takedown notice we had to remove the Super
>  Mario Bros. 64 download from our website blog post from 4 days ago,"
>  the Vancouver-based hobbyist group Commodore Computer Club tweeted
>  last night. "Hopefully everyone enjoys the Commodore 64 game who was
>  able to snag it."" ...

Man, this bullshit again.  Well, nice work Nintendo: if you strike it
down it will become more powerful than you can possibly imagine.

Hope this thing spreads like wildfire. Not like this was going to cut
into their valuable C64 market, was it?  Asswipes.

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#17938

On 04/05/2019 02:54, RS Wood wrote:

> Man, this bullshit again.  Well, nice work Nintendo: if you strike it
> down it will become more powerful than you can possibly imagine.
> 
> Hope this thing spreads like wildfire. Not like this was going to cut
> into their valuable C64 market, was it?  Asswipes.

Fortunately the torrent is still being seeded.

-- 
Rob

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#17940

In comp.misc, RS Wood  <randy@therandymon.com> wrote:
> On 2019-05-02, Computer Nerd Kev <not@telling.you.invalid> wrote:
>> Nintendo issues DMCA takedown for Super Mario Bros. Commodore 64 port
>>  by Kyle Orland - Apr 23, 2019
>>  Last night, though, Nintendo reportedly issued a DMCA notice for the
>>  game, leading to its removal from many hobbyist sites and upload
>>  services. "Due to a DMCA takedown notice we had to remove the Super
>>  Mario Bros. 64 download from our website blog post from 4 days ago,"
>>  the Vancouver-based hobbyist group Commodore Computer Club tweeted
>>  last night. "Hopefully everyone enjoys the Commodore 64 game who was
>>  able to snag it."" ...
> Man, this bullshit again.  Well, nice work Nintendo: if you strike it
> down it will become more powerful than you can possibly imagine.

Careful observation of Nintendo suggests they like this sort of stuff
BUT are also very fearful about the slippery slope of allowing copyright
violations to go ignored. 

So, they don't act on these things before they are finished, don't act
on them immediately after they are released, but do act a few days later
after all the most dedicated people have had a chance to see it (archive
it for underground distribution).

Previously:
https://metroid2remake.blogspot.com/

Eight years of work, launched Aug 6th 2016 (on the 30th anniversary of
the original release), then takedowns started Aug 9th culminating in the
main fan author getting on Sep 2nd.

In both cases Nintendo had every opportunity to warn these authors long
in advance; that Metroid II remake was playable in incomplete for
roughly eight years:

https://www.engadget.com/2008/03/20/fan-remake-of-metroid-ii-is-not-only-awesome-but-also-playable/

Nintendo only acted once it was complete. They let the author have his
moment of glory, and let people try it out, and then said "But really
no." Because if the courts do not take kindly to copyright and trademark
enforcement cases if companies turn a willful blind eye to /some/
infringements.

Elijah
------
live by the IP law, die by the IP law

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#17941

On 2019-05-06, Eli the Bearded <*@eli.users.panix.com> wrote:
>
> Nintendo only acted once it was complete. They let the author have his
> moment of glory, and let people try it out, and then said "But really
> no." Because if the courts do not take kindly to copyright and trademark
> enforcement cases if companies turn a willful blind eye to /some/
> infringements.

That is a very astute observation!  And you're probably quite right.

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#17943

Eli the Bearded <*@eli.users.panix.com> wrote:

> Nintendo only acted once it was complete. They let the author have his
> moment of glory, and let people try it out, and then said "But really
> no." Because if the courts do not take kindly to copyright and trademark
> enforcement cases if companies turn a willful blind eye to /some/
> infringements.

It would be really hard to prove that company willfully turned blind eye to
this specific infringement.

Why wouldn't they just grant the right to use their IP for this specific
freeware game? Fans are happy, company gets free publicity, and there is no
way they'll ever loose any profit if that game is available for free
download.

There should be better way of dealing with this kind of issues.

IIRC Sega did the same with port of Streets of Rage. However, that port was
for modern computers and was not only in the same league as their
commercial games - it was actually better than many of them. However, it
should be noted that authors of the port were trying to contact Sega and
get permission even before the work started, but never received any
response until the game was finished. I'm pretty sure the guys were
outraged.

I think one can still find the port by googling "Streets of Rage Remake".

-- 
S. Hall

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