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

From Eli the Bearded <*@eli.users.panix.com>
Newsgroups comp.misc
Subject Re: Nintendo issues DMCA takedown for Super Mario Bros. Commodore 64 port
Date 2019-05-06 16:24 +0000
Organization Some absurd concept
Message-ID <eli$1905061204@qaz.wtf> (permalink)
References <qafuui$5um$1@gioia.aioe.org> <408vpf-kl4.ln1@rasp.therandymon.com>

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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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Thread

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

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