Is This Nintendo's Pettiest Takedown Ever?
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Nintendo loves spoiling our fun, but this feels like a new low to me.
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“Maybe they’ll reissue it for a later anniversary or something.”
Oh, like the big special anniversary they JUST DID with THIS GAME? That would have been a good time to do that.
What you know?
@@Blue-fg8vt I know that a good time to rerelease an old strategy guide would have been for the rerelease of the game it covers. That just makes sense. Why put it out so long after that?
@@Zenlore6499 sorry I ment it in a more of an agreeing way not a literal "what you know"
Yeah they could have thrown it in 3D All Stars. You know, instead of absolutely nothing lol.
@@Blue-fg8vt did you mean what do you know
That's not even close to the pettiest.
They've taken down a blender tutorial I made a while ago, because I used a texture from Wind Waker to demonstrate how to use Blender.
Im sorry they did what??
That is,, so stupid
That's what an entitled asshole Internet developper does, not a huge gaming company!
Nintendo truly is the pettiest company
That’s just ridiculous
@@Golinth He's joking
this is why I don't like people going for these jokes: people actually think they are serious
@@wubbers662 no, i'm being serious. nintendo has it really out for me. they've taken over 70 videos off my channel in total.
@@KazeN64 fight em then
This reminds me of the guy who was going to release a NES Metroid guide he drew by hand and Nintendo came in and shut it down. Does anyone really think a book like that would have done any damage to Nintendo?
wtaf Nintendo
well the guy would be using an ip he doesn't have the right to use, right?
@@mayonayo2016 What's the difference between making a physical guidebook for a game and producing a walkthrough video (aside from medium and effort/time, obviously)? The guy was producing all art himself, and they weren't being sold (to my knowledge it was just being released as a PDF online).
@@chrismdb5686 Oh I thought it was like gonna be sold, my bad.
@@mayonayo2016 He launched a Kickstarter campaign to fund physical editions of all his guides. If I remember correctly on the last day of the campaign, Nintendo's lawyers contacted him saying that there may be some concerns and he decided to cancel the campaign to avoid any legal trouble.
The whole thing about "losing copyright" isn't at all how copyright works. However, I believe the idea comes from trademarks, not copyright.
If your brand's trademark becomes synonymous with a product like
"Kleenex, photoshop, panadol ect" then a defendant in court who is being sued for breaching that trademark can use the fact that the trademark has become ubiquitous as a defence
this is true! except, the law is irrelevant when one side has enough money and power.
@@beesbeesbeesbeesbees I mean, Nintendo does still own the copyright to the guide. It's completely pointless to go against it and it just makes them look bad, but they are technically in the right to do it. It's stupid, I don't like that copyright lasts that long, I don't think that big companies need nearly as strong copyright protection as the common person. But legally, they are allowed to do it.
@@CuantumQ blame Disney...
I imagine too, if they heard about it but it wasn't being plastered all over news sites, they wouldn't care. It's often a matter of people knowing about it far and wide that becomes an issue, especially when the information is coming from a source that has it's own fair share of legal issues to worry about as a company.
As much as Arlo likes to argue about how "other companies!!!" don't go after this stuff, the problem is, most of the neat fan games and other things he has in mind are not being reported on in mass. SRB2K may be popular but I don't think there's a lot out there about it that the average internet user would have a chance to come across.
That big "well, I know about it and a lot of other people I know also know about it" factor can make things seem so much like common knowledge.
@@ultimate9056 I hate Disney, and I hate that Walt has made my life so much worse and is dead so I'll never be able to tell him what an idiot he is/was.
Nintendo is so over-the-top insane with copyright takedowns.
that's why I'm glad Sonic isn't owned by Nintendo. stuff like Sonic Mania would have never existed if Nintendo owned Sonic
To be fair, if Nintendo owned Sonic we would have gotten a plethora of great Sonic games rather than the trash we got from Sega over the years...
@@robwaters8848 Star Fox
Let's also not forget Sonic Robo Blast 2
@@Nagoragama wow you effortlessly fucking killed that guys argument with 2 words. utterly crushed and humiliated the poor man. and you’re 100% right though lmao starfox is a fucking dogshit series that got one good game 25 years ago, based & scientifically proven take, shoutouts to nagoragama
do you guys know Sonic Mania was an official Sega product that Sonic Team had a Big impact on a lot of it?
it's a really big kick in the head to people just trying to preserve a piece of gaming history
I genuinely believe that companies like Nintendo are actively opposed to video game preservation in any form. They want games to be bought and discarded for maximum profit, only enjoyed again later by re-renting them on an online subscription service
@@ghostcassette6012 I’m almost positive of it
@@awesomeocelot7475 the reality is, from my experience, far less simplistic than that. Though, one part of the problem (the profit motive) is a reason, it isn't the sole reason. You've also got a major problem with how people treat history in general...
... which, as a former enthusiast of history, is _pretty damn poor_ in general.
In addition to _that_ problem, you've got the IP problem, which, to be honest here, is the biggest of the major problems. The gaming landscape has changed immensely, and being creative _isn't_ rewarded anymore. To do something new is to be frowned upon in general (I mean, look how bad the RTS genre fared when Starcraft 2 became top dog and the general userbase of RTSes outright rejecting the attempts to 'causalify' the genre) and to make change is even worse in some ways...
You aren't very familiar with the entertainment industry as a whole, are you?
@@ghostcassette6012
And you get that from a singular ban?
How would scanning a Japanese player's guide from almost 30 years ago hurt Nintendo's current profit margins? This is getting out of hand.
What kills me’s that I don’t see them splashing it on their own website, any time soon.
I love their games, but the things Nintendo does, it’s getting increasingly stupid, imma be honest.
Nintendo is like a abusive relationship.
If I understand correctly if they (nintendo) don't do this and somebody uses this in the future to make money, nintendo would have a disadvantage as there is previous incident where somebody else used the property and Nintendo did nothing. My guess is Arlo didn't have much to talk about this week because it was a pretty slow week and thus he chose something like this to discuss.
It's simple, it's a Nintendo project shared without license, unless it's a licensed product or official launch, they won't accept anyone to share if even if it's for free, it would be bad for their image n I'm not even joking, that's their mentality
@@repayne seeing all of the accusations made against them by former employees, it might as well be a literal one
Suddenly the memes about Nintendo sending a Cease and Desist to the entirety of Italy doesn’t seem like a stretch anymore
Fun fact - On the day she was born Nintendo sent Robin Williams Daughter Zelda Williams a Cease and Desist she proceeded to fade from existence until they needed her for that one commercial promoting Skyward Sword
@@pkpyro2000
Please tell me this is just a meme
@@TMS-Oddbot Yes I’m joking lol. She didn’t fade out of existence until the Skyward Sword Commercial and they never received a Cease and Desist
@@BBWahoo Unfortunately it doesn’t quite work like that
*Names future twin daughters Peach and Daisy*
Nintendo: *sends a C&D order*
The long and the short is: if someone wants something, and no one wants to give it, someone will find a way to get it anyway... this is why piracy exists.
Nintendo has a bad problem of being extremely against piracy, but also the biggest promoter of it due to their weird copyright logic.
Knowing the internet, the scans are still out there and will pop up again eventually, but this is still dumb from a gaming history perspective.
Exactly, supply and demand. Nintendo just wants to needlessly vault shit out of greed, almost like Disney. Instead of offering a better alternative that piracy can't compete with (which they could easily do), they would rather stomp their feet and call the lawyers. But it's Nintendo, so I guess they can be as shitty and anti-consumer as they want because tons of people pay and defend them anyway. And it looks like they know that lol.
Truth
They do need to understand: IF YOU WON'T DO IT, SOMEONE ELSE WILL!
This is why I like valves approach to piracy, and that's to offer something better than what the pirates can offer. You can play almost all of their library on their service, at a reasonable price as well. To top it off, there are a number of games that were based on fan creations, or are just straight up fan projects.
Although Valve has problems of their own, they know how to embrace their fans and their past.
It' perfectly normal to be against piracy. What we need to protect is gaming history, not piracy. That's why this Nintendo decision is very bad, and that's why you can't compare it with other IP issues.
The concept that Nintendo's banking on is the idea that, one way or another, they get to decide who makes and profits and distributes their IP's content. Legally speaking, they have that right. If someone at Nintendo decides "We are never selling any donkey kong content again", Nintendo has the right to not only not make anything new, but also not sell anything old. That right to decide how your intellectual property is distributed is the main thing here. While other game companies don't do this, other content creation institutions such as Disney absolutely do. It's completely normal, legal practice.
Having said that, their entire legal team should be fired and made an example of. Every single time they take something down in a publicized matter, their stocks plummet. It happened again today! Their legal team /existing/ is a pr disaster and consistently costs them stock, reputation, and even long-term profits. The lead developer for AM2R went on to be a lead developer for Ori. Nintendo COULD have hired him, incorporated him into the Dread project or even into SR if there was enough work left to be done on it. Instead? Microsoft gets to control and distribute Ori, and now Nintendo is making a relative penny for the successes of that game for what few sales happen on their platform.
Nintendo consistently has issues with platform flexibility and customization, as well as legacy restoration, things fans are doing for free! And their legal team is costing them that! This is a full suite of corporate lawyers that got PAID to force a take-down of a 30 year old japanese document and cause a drop in stocks! If they literally didn't have a legal team, their company's assets would be in BETTER care!
Their business belief that their IPs represent their highest value is wrong. It's their fans, developers, and supporters that represent their highest value. And when they inevitably have another flop like the WiiU? It's those fans that will bury them.
If they flop again, they’ll be done for lol. In the Wii U era they had a handheld market to turn to and fan goodwill. They’ve been burning through that goodwill like nobodies business during the Switch era, so when they fail again, they won’t even have their fans. Nintendo does not deserve the unyieldingly loyal fans they have, a fanbase any company would love to have and probably treat much better.
I don't think they've totally eviscerated fan goodwill imo. Their ip practices are atrocious, but their games are still good and unique. They have great development talent, and with very few, very non-mainline exceptions they don't design freemium games or go thick on microtransactions. This isn't a blizzard situation.
Hilariously, I think the next console is practically guaranteed to flop. The switch's flexibility gives it more longevity than the glorified dvd players of their competitors, even with worse hardware performance. If they go the same route with a Switch 2, it'll be hard to convince their current audience to purchase, especially with the current market situation.
@@paigelove2666 I want them to flop because they are the greediest company in gaming and pulled an Adobe with classic games.
Sony and Microsoft both honor past purchases and let you buy classic games without forcing a rental.
If Nintendo freaks didn’t have such atrocious standards, we would all be better off, and probably actually have a good service that lets you subscribe or buy.
@@ThomastheDankEngine8900 I don't think comparing Nintendo to only Sony and Microsoft, and then only on the exact details of online service, paints a fair picture. Nintendo is better about drm than anyone, Nintendo still makes fantastic central ip games, and is the only purely gaming company that also manufactures consoles. It'd genuinely be a shame to lose that.
Their backwards support is archaic, but compared to wretches like Activision and EA, calling Nintendo The Worst is a stretch.
@@paigelove2666 nah I don’t think so the only time Nintendo was ever worth a damn was with the Iwata era. Mr. Iwata and maybe Reggie were the only people at Nintendo to care about their fans.
Nintendo going third party only benefits the gaming industry. I know its cool and trendy to hate EA, Ubisoft, Activision, etc. and its mostly justified, but when talking about DRM Nintendo is no GOG, so no need to praise them, and companies like Ubisoft and EA actually let you buy old games. Not to mention none of them are nearly as destructive to gaming history as Nintendo. Nintendo also tries to take down romsites and doesn’t even sell any of their old games anymore.
Let’s make a prediction. What do you think their next console will be like? Hardware wise, no better than base PS4 powerwise, and all their games will be locked behind a subscription fee of five year installments of $1,000.
This is everyone's opportunity to spam every feed with pictures of the scans until Nintendo just gives up.
Brilliant. And dope pfp
That'll show the employees running the twitter account who have nothing to do with this
If you think that'll make a difference you're too used to how other companies cave from that stuff
Let me know how that goes. Because drift isn’t real, right?
@@notrod5341 Their twitter has nothing to do with it, nor do I think the employees really care what goes on. The employees don't exist in a bubble separate from the mysterious "evil lawyers", they are still a part of the company. Every action taken against the company will eventually be felt by whoever you would place as responsible for their miserable decisions.
Me : “SHUT UP AND TAKE MY MONEY!”
Nintendo: “No.”
Me:"Nintendo can I buy your older games?"
Nintendo:"How bout no!"
@@FTChomp9980 More like "Sure you can. How's $10/mo sound? Oh, and we decide which games you 'buy'. And you only get them for a month before we change the list."
Nintendo: "No, you shut up instead, and I don't want your money anyways"
Nintendo: "This is a brand new problem, a problem without any clue."
I have said this way too many times about Nintendo. For some reason Nintendo just does NOT want our money.
Sorry that I'm having to pay people on Ebay x2, x3, x10 times the amount for the animal crossing cards I want. I'd go with the blind packs but YOU AREN'T SELLING THEM!
And their issues with pre-orders and specials. They would rather lose money to scalpers selling them for doubles to hundreds rather than just upping the prices and making more.
I love Nintendo's IPs and that's it. The company itself is far too strange and their seal of quality on their hardware doesn't mean what it used to.
i don't know if you haven't noticed, but there literally hasn't been a nintendo seal of quality sticker on something for years
The seal of quality never meant anything. The amount of garbage on the nes
@@PHX357 they still use it for merch i think
We all love that they deliver products gamers want to buy, rarely does anyone love the way they're doing it, Sony and Microsoft take a 30% cut still of the games they sell on their platform, theres no way around that charge for publishers even if they did all the marketing themselves, their only expectation in consumers eyes ultimately is to deliver good products at a reasonable price and that's all, wether it's timed right or wrong that's mostly irrelevant unless theres someone selling a competing product, because theres only one mario and one switch and either you're a big enough fan to buy it and enjoy it for what it is or you're not
Also a lot of Nintendo games or ones with Nintendo characters on switch are not half as good as their older generation counterparts measured by their growth
It says “Official Nintendo Seal” now instead of Official Nintendo Seal of Quality”
As great as their work is, literally nothing is good about Nintendo in how they treat their fans. I have no respect for them, and nothing disappoints and infuriates me more than having to remember that absolute masterpieces like Breath of the Wild are a result of their work. I'm not saying that they (or ANY company) should listen to everything their fans/customers say, but the sheer amount of defensivenes they have over their stuff is like a toddler not wanting to let go of their candy bar so the cashier can scan it.
As a cashier that’s a lie, because at least when a parent explains they’ll get it right back the kid will typically listen
@@theazureeyedaassassin885 Guess it's just where I work, then. Parents have to pry things from their kid's hands while the kid is already about to throw a tantrum. Assuming, of course, that they care about not holding up the line trying to explain it.
This is a really great comment. I completely agree
I literally didn’t even know about the existence of this guide until this fan remaster print… says a lot
its not really a remaster print, just a scan of an old guide
literally
It’s just infinitely confusing how anti-consumer and against preservation Nintendo is. It makes me wonder if Sega had won the Console wars and Nintendo became the third-party if both would be more open, or if Sega would become another Nintendo
well sega listens to fans because their games get a lot of flack but nintendo doesnt really care because their games will sell anyways
It seems like whoever's on top always gets cocky and loses cred with the fans, then when they get humbled by the competition they get their crap together again and rise from the ashes only to get greedy again. I would bet things wouldn't be so different.
SEGA would absolutely become another Nintendo. Companies aren't your friend, no matter how much they pretend they are. SEGA do the "we're not like the other companies, look at us, we're so cool and quirky" stuff because it keeps them relevant. There's a reason studios with a more consistent output don't do it. They don't need to.
SEGA made a lot of poor decisions in the 90s and early 2000s so I kind of doubt they'd be much better
@@notrod5341 Thank you for saying that! Businesses want one thing and one thing only: our money. That's it.
Nintendo is quite possibly the pettiest company out there. How anyone can defend stuff like this is beyond me. Do they really not want us to experience their past?
The fans needlessly posting things like this are pettier
i feel like there's gotta be some guy at the company who's like "well we MIGHT make/resell this thing 30 years later so take it down"
that or there's some f'ed up system at Nintendo where employees get a bonus/credit for potential promotion for finding these things and sending the Nintendo Ninjas after them.
The best way I can think of to describe this is that LEGALLY nintendo is in the right, but despite it being legal, that still doesn't make it right :/
@@jakedematteo2172 I'm sorry, I saw this brain sitting on the ground. Drop it?
@@ProjectAudrey do you have an actual argument to give or just an unfunny joke that landed about as well as a plane with no wings?
You can't lose copyright except for when it expires automatically 70 years after the death of the creator, but you can very easily lose trademarks if you don't use or protect them, because they have to be regularly renewed with the trademark office.
In this case the trademark argument doesn't hold up unless Nintendo is in some secret negotiations with a publisher that will see Nintendo IPs being monetised and Nintendo is trying to hold up their IPs values.
Then it's time that we rally up as much money as we can to win a case against them. When they lose, then we can begin a full revolution of the industry.
Have any links that could elaborate on this?
Copyright doesn't expire. Ever.
I mean okay, in theory it does, but in practice it never does, because Disney lobbies to have it extended every time their copyright on Mickey Mouse is about to expire.
Even with trademarks it requires very specific circumstances for it to happen: The trademark has to be abandoned, or the brand name has to become synonymous with the class of product it is, etc. People uploading existing works or making fangames really wouldn't run the risk of either.
@@GodhandPlusOne basically, yes. The only real difference is how long it lasts after the death of the creator. Some countries have it set at 50 years but most have it set at 70 years.
Something I’ve learned from this: if you found something nintendo related that has even a slight chance of being taken down, screenshot it so you dont lose it
This kind of stuff, along with their denial and refusal to take responsibility for their faulty joy cons and still shipping drifting joysticks out of the box 5 years later really proves how far they've fallen as a company. Everyone would view them in a better way if they embraced fan content and reached out and employed creative individuals in the community working with their IPs. Instead they threaten to put you in financial ruin for putting more love and care into their old titles then they do, while at the same time refusing to make these titles available or poorly emulating them behind a subscription service. It's a shame to see a company behind the most iconic franchises in media with some of the most creative minds in the business, act in such an intentionally anti-consumer way
They're in a legal battle, they can't acknowledge the issue or they'd have major point against them. It's the same reason that NoA never said anything when they started swapping drifting joycon for free - fans had to work it out for themselves.
@@itskdog yes they're in a legal battle, desperately trying to put a cover on the defective product they've been shipping for 5 years. Perhaps it's about time they accepted responsibility for their failure and take the loss instead of trying every legal loophole in the book to get themselves out of it and making themselves look like anti consumer clowns?
From my (young) Japanese eyes, Nintendo is the ultimate "boomer" company. I suspect that their executives don't have the "giving what fans want" mentality and don't believe in mutual two-way relationships between their customers. Instead, they seem to have an old holier-than-thou philosophy, which I think was popular in old times Japan before the internet became a thing, where the company itself always stays in a superior position and it's the fans that need to adjust their attitudes to fit into what Nintendo does and says. And they still get all the money and receive a wide but shallow following from the masses, so there's no need for them to change if their only interest is to survive.
@@nakimushi11 I think this is a blessing in disguise, the more Nintendo takes down Nintendo fan games, the more popular fan games of third party company's will be. Why play a fan game of Mario 64 when you play a fan game Banjo and Kazooie??????
Define “fallen as a company” become worse can’t be considered “fall” if you were never a great company to begin with
Barely any stuff they do now is new, it just became worse
People even believing that "Nintendo takes down fan stuff to protect their copyright!" thing confuses me. Sonic fan games have been flourishing for decades and believe it or not; Sonic is not in the public domain! I get not knowing a lot about law and just parroting what you've heard on the internet, I'm guilty of that myself, but how does anyone do it when it blatantly contradicts reality?
Exactly!! I'm glad someone here mentioned the fangame point, because objectively, fangames not only DONT infringe on copyright, but they dont cut into the bottom line, and these companies make enough cash to pay living wages to their employees several times over anyway so...yeah.
EDIT: I'll concede where needed and say that, sure, even if they technically infringe, intent should still be considered HEAVILY either way.
Flourishing in pain, that is. Sonic Forces, Sonic Team being too chicken to annihilate Ken Penders where he stands, and so much worse.
@@gameyfirebro9645 I was talking about fan games. Forces and Ken Penders is totally unrelated to this.
I honestly don't think Sega has the resources to get into a legal battle. They literally butcher their own characters and world just to avoid Ken penders, who thinks he owns 98% of knuckles as a character.
@@ramenbomberdeluxe4958 fan games do infringe copyright and any court in the land will agree. How much damage a game does to a corporations profits is debatable but shareholders are a fickle beast and they HATE risk. And Nintendo does take shareholder concerns seriously.
As a counterpoint to all of this “nessicary action”, I give you Sega, who has let fan games and emulation of their old games for years and it’s done nothing. In fact, I’d argue that fan projects are helpful by being an accessible entry point into a series.
Remember when someone did such a good job making a Sonic fan game, they were lauded and hired? That was pretty great.
Remember when someone did such a good job making a Pokemon fan game and they were... told to get rid of it and forgotten about? Wait, that can't be right...
to be fair sega cant make a good sonic game anymore to the point where their best sonic game in the last decade was a fan game that they funded at least nintendo knows how to make a fucking game without fan games the sonic franchise would die painfully
@@jknifgijdfui
In their* defense, they’ve only made like two mainline Sonic games in the past decade (last one being half a decade ago).
@@Wiki1184 their* also thats no excuse for the games they did put out to suck
@@jknifgijdfui
I’m not saying it as an excuse. I’m just saying it’s less of a “they forgot how to make good games” situation and more of a “the just haven’t released jackshit in recent memory” type of situation.
So... I've been going down the Arlo rabbit hole and I think it's amazing how I tend to forget that he's literally a puppet controlled by a guy. This puppeteer is EXTRAORDINARILY talented!
I don't see any puppet.
Generally, the chief example for "failure to defend copyright" would be the ownership to King Kong itself, which was originally started by RKO Pictures in 1933. Over the years afterwards many King Kong knockoffs were made, and they generally ignored these. In 1976 yet another "unofficial remake" was released, but this time it was by Paramount. Suddenly the rights holders, who ignored most everything else to that point, decided they'd go after Paramount instead. Paramount successfully argued in court that you weren't allowed to "pick and choose" your battles, and by failing to defend against everyone else - despite the fact they were often small directors, with no money - they lost the right attack Paramount as well. This was the moment this legal precedent came into existence, and would - rather amusingly - come back to bite Paramount in the ass a few years later when they tried to argue Donkey Kong was ripping off their King Kong film. Nintendo's own lawyers argued that Paramount couldn't possibly "own" King Kong, when Paramount already fought a battle against the original owners to prove they'd allowed King Kong's "concept" to become Public Domain (the idea, not the original film itself).
Now my own thoughts on the matter are rather complex, and I'm not saying I support Nintendo always, but here's the incident you were asking for someone to post down in the comments.
I think Nintendo's mentality is "If we didn't officially release it, then it isn't allowed to exist."
Everyday is a good day when Arlo posts multiple episodes within 24 hours.
If only that would happen everyday...
I feel like people tend to confuse trademark protection with copyright protection. Trademarks need to be zealously protected to prevent their loss; copyright not so much in the same way. The internet is a copyright infringement machine; if it could be lost so easily, then no one would have defendable copyright at this point.
Correct
Shut up. Stop proving us wrong. Stop telling us that this is morally right of Nintendo. Shut up.
@@ThePlasmicAlchemist Don′t worry, this isn′t morally right. Most companies ignore this shit, ignoring content preservation efforts by fans makes them look better because they′re not obstructing preservation. This situation just makes Nintendo look petty and backwards, because while legally they′re in the right to do this due to owning the SM64 copyright/trademark, they′re morally in the wrong for taking down preservation of art that they do not produce themselves or profit from in any way currently.
Also Nintendo will not lose their Mario IP because of a reprint of a guidebook, the issue here is not someone making a video game called Mario which looks exactly like Nintendo's game, what's happening here is a person is reprinting a guidebook made and owned by Nintendo this will lot in anyway lead to Nintendo losing their Mario IP otherwise every game company would lose their IP because almost every game guidebook is available on the internet and anyone can reprint them. This is just Nintendo being petty this is neither a copyright nor a trademark infringement.
Even with trademarks it requires very specific circumstances for it to happen: The trademark has to be abandoned, or the brand name has to become synonymous with the class of product it is, etc. People uploading existing works or making fangames really wouldn't run the risk of either.
so what I'm hearing is, Kotaku needs to shut their damn mouth and quit snitching
true true
I mean, you’re not wrong…
This is almost as stupid as the time they cancelled a Splatoon 2 tournament stream because of people using #SaveMelee as their usernames.
I really, really, really don't understand why Nintendo does this.
The only explanation that makes sense to me is if they have some copyright AI programmed to target every possible instance of infringement, and have forgotten to turn it off.
Or like TH-cam, intentionally let it run loose out of apathy.
To put it short, Japan law doesn't have fair use. Put that plus the fact the head honchos of Nintendo's IP rights are old Japanese businessmen...
@@raymaikeru :(
@@raymaikeru But what about all of the other Japanese videogame companies that don't do this kind of shit nearly as much? Hell, SEGA freaking hired them to not only make a new game, but remaster the old ones!
@@brycebitetti1402 Because they ain't old Japanese businessmen behind the intellectual property wheel. Most already know about U.S.'s fair use, however others, like Nintendo, are stuck with the viewpoint of Japan's fair use, which is no fair use. Makes me wish Nintendo can get some more younger ones that knows about U.S.' fair use, or just let Nintendo of America handle the IP American rights, for all we know, Nintendo of JP calls the shots of takedowns.
Definitely newest low, as hard as that is to imagine
Edit:Why is this the most popular comment I have ever given
High*
Nintendo wants to forget that staryegy guide ause they feel embarrassed.
NSO is their lowest low and keeps getting worse as we realize the end goal of NSO is to not only monetize online but force games to only be rentable in the future.
ive been pirating nintendo games for a while now and stuff like this just makes me care even less
@@Thatguy-tm8xh no pirate buy the games!
If only Nintendo would put this amount of energy in fixing their f*ing Joycons.
From a business perspective, fixing joyscons makes no sense.
@@andyblanton6570 Yes... But think about how nintendo used to be. As arlo put: This is Not the Nintendo i know,
Nintendo has changed... For the Worse
@@andyblanton6570 Um, no, it makes a lot of sense. People need joycons to play games on switch. Nintendo makes games on switch and makes money from licensing games to be on switch. I know there's a boogeyman a lot of people have of evil penny-pinching pr-ignorant litigious corporations, but guess what: most businesses are actually very stupid, and just because a company does something, or in this case doesn't do something, doesn't mean that it's a smart business decision.
@@SilverLining1 why would they fix joyscons when they can sell you more?
@@michellebridge7312 no they absolutely haven't. Remember the enormous cost-cutting measures of years past?
Whoa hearing Arlo describe how he hoards special food until it expires was a trip. I’ve always done that and my friends think it’s bizarre. Good to know other people share that mind goblin. And yeah, I’d reached the same conclusion, better to just shove it in my face right away rather than the trash can in a month or whatever.
The "They might re-release the Guide" argument doesn't really work either, as they've had the perfect chance to do so with the _Super Mario 3D All-Stars_ Compilation - and they didn't.
There was absolutely *no* reason for Nintendo to demand the takedown of a 26-Year-old Guidebook that was only made available with Archival purposes in mind!
Except they are Japanese. This is a Japanese thing, but not a Western thing. The copyright divide of the West and Japan is basically "Companies must be fair with copyright" in the West, but in Japan its "Since its yours, you decide what you do with this"
Nintendo or a bunch of hypocrites.I know people are gonna accuse me of being a 10 year old but the biggest Offense Nintendo copyright. Power is when they sent a cease and assist law letter to Super Mario Logan.He made puppet parody videos with Mario that were like PG13 or so.And people went on a big rant about how it's wrong to use family friendly characters to make an adult parodies but Nintendo literally did Co branding with robot chicken. Robot chicken does the same thing as them but when supermariologan does it they're evil or whatever but when robot chicken does it it's fine and they endorsed it and they want to work with them for e3 even though robot chicken is even raunchier than Super Mario Logan.
I remember those
Copyright law has been outdated ever since the internet became a thing and saying its in the companies right doesnt change shit. Prohibition gave cops the right to arrest you over alcohol, doesnt mean it was ok. By the way Nintendo is still saying on their piracy legal page that emulators are illegal when Sony already lost that case during the PS1.
My favorite tidbit about their emulation argument is that they literally sell people emulators to play their old games lmao, 3D Allstars isn't a group of ports, those three titles are all being emulated! Same with NSO! Yet people can't see past their bold faced lies
@@chrismdb5686 They claim emulating without permission is illegal (which it isn't), so their legal page claims that you, as a person who don't represent Nintendo, have no permission from them to emulate on your own ... unless you pay them first, then you get to use their own emulator.
It is the same as someone saying "it is illegal to just sneak into the cinema" and then complain that they sell tickets.
So emulation isn't illegal, you just need to get your hands on legal copies of the games you play.
@@Liggliluff Well aware, I dump my own games and play em on PC
Real life lessons from a Blue Puppet! "If there's something you want to do there's no better time then now!"
So you're saying the ice cream in my freezer is best eaten now?
*eats ice cream at 11:46pm*
@@flameshana9 Exactly!
@@flameshana9 you think 11:46 is late for ice cream? Oh my sweet Summer child...
Great advice, until you have something more urgent to do than what you want to do.
In which case, the proper advice should be, "If there's something you want to do, it can probably wait until you've finished what you need to do. Once you've done that, though, there's no better time."
An underrated aspect of this conversation is cultural context. Many youtubers that spend a significant amount of time in Japan say the citizens are addicted to justice. They will blindly follow what is legally considered "the right thing," even if it doesn't make any logical sense to do so. Anyone that even asks question will be shunned and ostracized from whatever community they are in. Nintendo as a Japanese company full of Japanese people sees this violation of their copyright, even if it doesn't hurt them and helps everyone else, and takes immediate action because it is illegal.
Interesting
Those scans of the book aren't even illegal, it's no different than taking a picture of any copyrighted art and posting it somewhere. Sure, they can request it be taken down because they own the rights to it but the scans are by no means illegal in any way, shape, or form. That'd be like taking a picture of the Mona Lisa, posting it to Instagram or Facebook and the cops kicking your door down to make you delete it lol
@@saucymongoose7246 i was going to say the same thing
It's a shame they don't really see stopping mass subway molestation as the right thing to do if what I've heard is to be believed
That’s an aspect of Japanese culture that needs to die.
What I think was the pettiest (or just plain disrespectful) takedown was the incident with the fan-made, non-profit JoyCon Boyz joy-con covers which were a tribute to Etika.
not only were they non-profit but the proceeds were going to a suicide prevention charity (if memory serves). Etika loved Nintendo, but they did him and his community so dirty with that takedown.
oh yeah, and the whole #SaveMelee incident too, that was outrageous.
Recently Nintendo took down a TH-cam video featuring the demo versions of the battle music from the Splatoon 2 test fire. Because this music is from a build of the game that is no longer playable these videos were the only way you could access the songs. It’s also HIGHLY unlikely that Nintendo will ever officially release this music. So yeah, that made me mad
Welp time to go grab it now that it's on the internet forever. That's right Nintendo you did NOTHING but piss us off again
Funny how companies are unaware that nothing is removed from the internet
@@stradusss okay this is really embarrassing but I've spent a while trying to find it and can't.....um ..
who here can say that they maybe have it, without explicitly saying they have it if you know what I mean 😗. Like a not a link per se but a hey I might be able to help give me your email situation since TH-cam isn't cool with links anymore and I don't want to put anybody else on blast
@@dissonanceparadiddle so it turns out it was uploaded to internet archive and almost every website I saw linked to that site. I saw polygon say that when it was up you could download it as a zip file so people are sure to have it
4:17 I'm actually pretty sure they don't have to. That's not how copyright works. Copyright grants exclusive rights to an author for their whole lifetime. (+ something years based on your country)
I think people maybe confusing it with trademarks, which DO have to be defended to be kept. But thing is, trademarks really only cover the branding of something. So say the name Nintendo, that's a registered trademark.
Exactly. Nintendo should fight for everyone's grandma calling all consoles "nintendos" but not this
Images can sometimes be trademarked too. For example, Disney has the outline of Micky Mouse and his ears trademarked because they sometimes use it in a logo as part of the word Disney.
@@DS9TREK Like I said, trademarks cover branding. I just gave a name as an easy example. Logos and slogans can be trademarked too. That's true.
"they need to take it down or else they lose their copyright!!"
thats how *trademarks* work. not copyright.
sega is the big example of sonic fan games existing and yet they still definitely own the copyright to sonic
@Marc Carran We're gonna keep pushing that SEGA narrative because it's the polar opposite of what Nintendo is. You're acting like Sonic Mania doesn't exist with this bullshit 💀👍One example of SEGA taking down a fangame doesn't prove your point further. Besides, wheres your source for the taken down game? How are we supposed to believe what you say?
@Marc Carran
sega took down the roblox game cause the owner was a pedo and tried to profit off of sonic lol
@Marc Carran a Sonic fangame in the same vain as above did come out, and they did, and still continue to do absolutely nothing
Can’t believe there are actually people arguing in defense of Nintendo on this
Actually this is the one take down from Nintendo that makes sense, I have never agreed with them taking down fangames or fancomics or other fanmade materials. But this one not only makes sense, but if Nintendo didn't take this one down, it could have landed Nintendo in legal hot water, and to explain why I have to explain a bit about Japanese publishing when it comes to licensed materials and rights management. And I hope Arlo and everyone else reads this because I saw some comments that don't understand this situation.
Strategy Guides are a licensed form of publication for Nintendo which unfortunately means that they don't own everything in it. Nintendo owns the IP and the book, but they don't own all the assets. This is very important moving forward. Because the person who owns the art assets is the artist who made them, who may or may not work directly for Nintendo. However because Nintendo holds the rights to the Strategy Guides it means they are responsible for every release of it, but every release must also compensate the artist or artists that worked on it.
This is why on every Japanese thing they list the artist first by the way when it comes to rights, why Akira Toriyama's name or Hirohiko Araki's names are listed before their studios or the publishing company on the rights pages and such. It's also why crossovers are less likely to happen in Japan than in the US. Cartoon Network wants to make a special that has characters from all the shows they've ever produced, they can. If Toei wanted to, they would need every single artist who created those shows to agree. A name drop or a quoted reference is okay, but its also the same reason why when Bakuman became an anime, Shonen Jump became Shonen Jack and they weren't allowed to show any Jump Manga characters in the anime. This is all because of licensing rights and contracts.
This is also why most US strategy guides use in game images rather than custom artwork.
Now we get into the fun part.
You see Nintendo being responsible for the releases and ensuring payment to the artist or artists upon a release means that they are also responsible for lack of payment due when it comes to free copies, any free copies released requires Nintendo to still pay the artist. Japan doesn't really do work for hire like the west does. It is ALL contract and rights there. That means that if the Artist/s can prove that Nintendo allowed releases of the strategy guide and they didn't pay them, the artist/s could sue Nintendo for damages greater than the amount of unpaid for copies... and with this being released on Social Media which tracks views, likes, and image saves... It would be very easy for the artist to prove that Nintendo was in violation of the contract and force them to pay for EVERY VIEW OF THE SOCIAL MEDIA PAGES. However this is only if the amount of copies given free is greater than 70% of copies sold when it comes to pirated copies.
I don't know the actual amount of sales of the strategy guide, but I do know with social media it could very easily exceed 70% of their sold copies of the strategy guide. Not only that but it would have made Nintendo, in Japan's culture, to be seen as a company that is derelict towards the rights of the artists that work on books for them, making it more difficult to hire new ones in the future.
And that's just the start. Unless Nintendo used an in-company printing house, Nintendo could also be facing damages if they had a contract with a printing house. If the writer who wrote the Strategy Guide was hired under contract they could also sue Nintendo for damages.
Things are never black and white when it comes to the publishing industry for printed media, AND IT IS ONE OF THE MOST CUTTHROAT.
This is the only time Nintendo did a takedown that makes sense, at least to me. Because this could have cost Nintendo hundreds of millions of dollars.
Thanks for this comment. Honestly, most of the time when I hear about stories like this I just chalk it up to “Nintendo is a Japanese company and I have no idea how Japanese business laws and practices work.”
In other words, Japanese copyright is pretty backwards in regards to how easy it is spread information publicly on the internet.
@@kallyle6611 As is all copyright, but Japanese copyright especially
That doesn't make any sense. Why would Nintendo get sued for someone entirely unrelated uploading scans of a guide from two decades ago?
@@sptflcrw8583 It's not that they would get sued BECAUSE of the scan being uploaded. They would get sued if they DID NOT ATTEMPT to legally rectify the situation.
There needs to be a statute of limitations or some shit for copyright. They cannot possibly claim they would have ever made profit off of this.
There is. It's 85 years iirc
@@WaluigiisthekingASmith you can thank a certain Michael Mouse for that travesty
@@tomsky4751 That Ricky Rodent fella was a reaction to the proximate cause, look up Oswald the Lucky Rabbit and the whole mess of a legal fight that set this whole scenario into motion.
@@WaluigiisthekingASmith It's 70 years after the death of the creator. Thanks Disney.
@@tomsky4751 THEY LITERALLY KEEP FORCING IT BACK. It will only change once our generation gets all that power and we can begin to start systematically tearing apart all of these horrible companies and people. Basically demonstrating that, we do not care how much money or influence you have. Unless you intend on having us publicly executed, we will hold you accountable for your actions, and any illegal infringements or truly monstrous actions will be thoroughly investigated and dealt with. And if you so much as TRY to bribe us, then we are taking that bribe amount, multiplying it by 20 times, and then we mark that as the fine. To show what an attempt at financial silencing will result in.
One day Nintendo is gonna start arresting Italians for having the name Mario.
Sadly, Nintendo is just so tondeaf about a lot of things, and this is just one of those things that I don't see changing anytime soon.
Nintendo was a huge culmination of my childhood. Watching them repetitively make these baffling business decisions genuinely hurts me.
nintendo is like an overprotective mom, trying to shields her child from AIR AND WATER
More like how the stupid Austrian painter who was rejected by the Vienna Art Academy or the Georgian, who should have become priest, dealt with opusitution and regime critics.
Knowing Nintendo, they take the Gold in the Pettylympics
Pettylympics... That's a new one.
Lmao
man I'm sick of all of these takedowns for no reason
Good reason*
@@jakedematteo2172 stop commenting bullshit on these comments, you're not funny.
@@jakedematteo2172 howdy. How’s your day been? Clearly it’s not been good.
@@Lethaltail what’s your problem?
Jake DeMatteo because Nintendo has absolutely no reason to take down small things
5:46 Challenge Accepted!.
- Konami: Takes down anything Yugioh related in a matter of minutes. Just ask YouShow.
- Square Enix: Took down 2 Chrono Trigger-related projects.
- SEGA: Also took down a Dreamcast Collectors Guide. Also took down an Street of Rage 2 remake.
- Toei Animation & Bandai: They take down anything Dragon Ball or Digimon related in a matter of minutes as well.
Should I continue or is this enough proof that your argument lacks any feet to stand on?.
4:34 Not needed. As my previous point shows, nearly all companies think that protecting their IPs to this level is a must. They wouldn't have taken down the prior named fan-projects if it wasn't the case.
Besides, the example you want cannot be found because no company would let that happen, so there's no example to show.
You forgot Rockstar.
@@andyblanton6570 Mind to explain it to me? Because I don't tend to pay attention to Rockstar.
@@togamibyakuya8016 they took down mods of the ps2 GTA games before releasing their own unplayable mess that is GTA the trilogy.
You may hate the idea, but there is precedence for losing a copyright for not enforcing every applicable instance of infringement. Example: When Anheuser-Busch failed to protest to DuBois Brewing Company’s use of “Budweiser” for an extended period of time (1905-1940), the court ultimately found that the junior user could not be prevented from using the term in connection with their beer. Anheuser-Busch, Inc. v. Du Bois Brewing Co., 175 F.2d 370 (3rd Cir. 1949)
Now, that particular case was one that involved money, but in today's society anyone truly can be a competitor to the Nintendo Corporation. Art Assets as NFTs, anyone? By having the image freely distributed, the Nintendo Corp. does face the threat that someone may try to capitalize on their work without their consent.
Now, for your second argument: The Nintendo Corporation's possibility of re-releasing old content. I point you to the SNES emulator on the Nintendo e-Shop. It is a possibility that one day we'll wake up to the Nintendo Corp. announcing a release of the N-64 emulator in their e-Shop.
"Yeah... this is normal."
- Me, someone who has bore witness to Nintendo's litigation antics since the 80s.
Nintendo will just put out another Mario game and everyone will forgive them.
And then the cycle will repeat itself again.
Including you ;)
When you put it that way, they just got a lot of free press _and_ increased demand for an IP they own, all with no downside.
This _was_ the best move Nintendo could have made!
@@BBWahoo Its sad how there are some really talented people who are capable of making quality games, but their companies are so greedy that they give Mr Krabs a run for his money.
Personally I've quit buying Nintendo products (games or hardware) over the last year because I'm fed up with their behavior. And that's coming from somebody who's been been with them since 1987.
CBS is taking down Angry Joe's videos EVERY TIME they talk negatively about the Halo TV series so honestly I'm not surprised. TH-cam does nothing to punish the big boys and until Susan does something, this'll just keep happening.
Can we start a coup at the TH-cam offices? YouCoup?
@@ramenbomberdeluxe4958 ohhhhhhhhhhhh YESSS
@@ramenbomberdeluxe4958 Yes you can, as there is enough people upset. If you could organize enough people to walk into the officers where Susan is and avoid hurting the smaller people you could create change.
The enemy is at the top and uses the others under them as scapegoats including on your actions.
If you treat them better then Susan does while focusing on those causing problems this normally causes almost everyone to unite against the issue or people causing the issue. Make sure you get the names above Susan if you can though.
This is similar to stuff like the Boston Tea Party or French Revolution, where you target the problem and avoid hurting non-problems creating a tidal wave. This tidal wave brings change and fixes the issue.
@@ramenbomberdeluxe4958 no. We need something much more grand. We need to completely replace the whole law system. And update it to the modern stage. Whilst making it very clear that those who are in the financial elite and executive positions will be held to a much higher requirement of professionalism, legality and morality than anyone else. Basically, if you're a ceo that is covering up sexual assault cases, you're getting it far worse than an employee who actually performed the action. Because by hiding it, you would be allowing for many many more to take place. And that should be cumulative. And, the moment a bribe is attempted, we would take that bribe, multiply its value by twenty, then make that a required payout across all those who were harmed by the refusal to take action, and attempts to bury the truth. And, with each confirmed case that is covered up, an additional year of jail time is added. And there will be no bail. Or bond. We will bleed you dry of your money and put that money to those that you let be abused, be raped, and be utterly tortured. And to make sure you arent coming back, you will be put onto a sex offender registry as a menace to society, and labeled as a psychopath. Because a psycho is the kind of person who will put the bottom line and millions of dollars over ending sexual assault, corruption, likely SUICIDES, and generally causing the utter deaths of workers by at best willful ignorance, and at worst, intentional self destruction to maximize the cult known as shareholders.
I just wanna listen to Nintendo Music without constantly living in fear that I’ll wake up to all of it being eradicated once again with no alternative to listen to it conveniently because Nintendo refuses to make their stuff readily available outside of the confines of a game :(
Meanwhile Nintendo strikes down DeoxysPrime for having Nintendo music on his channel.
I don’t know how he said it exactly, but EmpLemon put it perfectly. “Nintendo is such a weird company, because they can produce masterpiece games that everyone loves and as far as I can tell treat their employees fine. But when it comes to things every company can do fine, they fail miserably”
Game preservation, emulation, Online services, the most obvious business decisions ever, they’re such a weird company
Except the creator of Kirby and smash
Turns out they don't treat their employees well! Some employees just filed a lawsuit for antilabor practices.
@@isaac10231 ah. Well the EmpLemon video came out around a year ago so that stuff hadn’t come out. I’d recommend watching it it’s really interesting
Sacrifices to the Church of Nintendo? That’s a good one
@@ThomastheDankEngine8900 yup
"no there's nothing more important than you having a good day" awwwwwwww my heart
this whole "nintendo needs to take action against copyright infringement or they will lose their copyright" is wrong and is a misinterpretation of trademark genericization, which is not related to copyright and is so strict that a lot of socially generic terms are still legally trademarked. nobody on this goddamn app understands intellectual property law
When I think they can't surprise me, they always manage to prove me wrong
It might've been petty af, but at least this time it was appropriately rewarded with the internet picking up the story and making it go viral anyway, lol. Gotta love it when awful business decisions backfire so spectacularly
Nintendo vs Netflix on who can dig their own grave the fastest by either further-alienating or further pissing-off their user-base.
people that defend nintendo no matter what they do is the reason they don’t think twice when acting like this. Nintendo believes that because its a “charming kids gaming” company that it can’t be held accountable by those that adore these IPs. They’re the Disney of video games tbh (at least in how they conduct business)
There are no lowest lows with Nintendo.
Nintendo would sue a literal toddler for saying the word Mario if they so pleased, let's be honest.
Wow somebody is in a bad mood
They’d sue people for being named Mario or Luigi.
Very true
ok now yall just mad lol, tho it does suck, this doesn't really make sense for them to do
@@jakedematteo2172
Dude, don’t waste your time. You’re going around to every comment that’s gained traction and tried to make them feel like the bad guy and act like Nintendo is some angel.
Just stop. Accept that you’re wrong, and move onto things that won’t make you feel butthurt.
AFAIK the "Nintendo has to sue to protect their IP" applies more to trademark than copyright. If someone created a cooking game called "Mario Pizza" then that would be something Nintendo would have to sue over to protect their trademarks (hence why Bethesda sued that dev who tried to name their game Scrolls). Not a lawyer though so take my take with a grain of salt as I could be wrong.
"Bethesda sued that dev who tried to name their game Scrolls"
_"That dev"_ is called Mojang. If the Minecraft people farted and it smelled the same as Todd Howard's butt vapors, Todd should _still_ sue.
@@deadmetalbr Kind of a gross (in both senses) mischaracterization of that case, if I'm not mistaken. Mojang's overzealous lawyers tried to trademark the word "Scrolls" not just for video games, but for every conceivable medium and product category. Beth/Zenimax's lawyers, in turn, overzealously defended their much more conservative "Elder Scrolls" video game trademark. The lawyers on both sides said some dumb things, before reaching a very reasonable settlement in which Mojang kept the name Scrolls but didn't trademark it.
Nintendo will lose the Mario IP because someone printed "their" guide book, guidebooks for every game are everywhere in the internet and no one lost their IP over it, it's a reprint of a Nintendo Guidebook made for Nintendo game, the person reprinting it does not claim ownership in anyway if they started to sell the guide for money then it's a copyright issue. So all in all the reprint of the guide would not have hurt Nintendo or their IPs in anyway possible.
@@gogglebrains Kinda awkward considering they're both under Microsoft now.
Man I remember when someone made a Mega Man x Street Fighter crossover. Capcom was actually REALLY COOL about that which is fascinating to this day cos I would have thought they would have been jerks about it and asked for it to be taken down...
NOPE!
They did the opposite and I think they hosted it IIRC correctly. Kind of fascinating that they looked at a fan game and was like
"Yup...you can do that with no problem!"
Heck if I remember right there are like 1000s of Mega Man Fan games that have had levels/bosses used in MAGMML contests (I know about literally NONE of the fan games honestly).
The reason why I bring up CAPCOM is because it seems like they are more..."in tune" with their community than Nintendo is for some reason....which is fascinating considering that Nintendo for the longest time was like the legit King of first and third parties and having grown up with them as a gamer (I'm 40 now and started with gaming with Nintendo at the age of 5) its gotten to the point where we have to ask
"What is legit WRONG with them?"
Thats because Capcom had two brain cells to rub together at the time and realized that "hmmmmm, this LABOR OF LOVE that DOESNT hurt us or our brands is really making the rounds compared to most fangames out there...in fact, all of these labors of love are cool...but lets go ahead and sponsor this one in particular to seal our opinion on the matter"
Capcom, at LEAST back then, understood common sense and wasnt getting rammed with greed at that point in time.
Not only that, Capcom actually helped the fangame developer finish it.
At least you brought up Capcom. I love Sega and all but people are making them out to be the only good video game company out there.
@@spongeman3090 Well no one's saying they're a "good video game company", that's going a bit far. They're not, none of them are, they're grotty corporations. What was being talked about is their practices regarding fan works specifically, and Sega are one of the most popularly well known for that.
@@stopmikeandjim3196 Did they?! That's actually pretty dope. I knew they hosted the game but I wasn't aware of that part. That's pretty dope actually
The thing is, it really is feasible for them to put up everything they've ever done, for sale, all at once, all the time.
"But muh profits! Muh constantly reselling the same shit over and over as a subscription!"
That's the hilarious thing. They could easily, easily do it. They are literally choosing to withhold stuff and be dickheads about it, because you know they want to be as scummy as possible. And they don't like people fighting against that with emulation. Well too bad lol, can't stop the Internet and no one ever has. It's always surviving somewhere for those who know where to look.
@@DaWrecka they took the Adobe route and now it’s always morally correct to pirate their games!
Feasible, but not... easy, or fast. Getting, say, a Gamecube game working on Switch as well as it worked on Gamecube would have some difficulties, and while I am not truly aware of them, emulation is a complicated and sometimes difficult task. Though the Gamecube is likely much easier to emulate than the PS2- which as far as I am aware is a bit of a _troublemaker_ for emulation.
@@StarshadowMelody They already emulated Gamecube AND the Wii on Switch lol
It's annoying that the news is simply 'Nintendo made sure the scans were taken down'. Like, does the news specify any reasons? Have Nintendo made them? Are Nintendo actually going to reprint this guide? Are they going to release Mother 3? Okay went off tangent there, but the lack of reason hurts them more here, while they think that they are completely in the right.
Nintendo love to lower the bar for this kind of thing, and they already set their own very unique standards. It's a shame.
4:34 One very LARGE IP that was almost lost due to negligence that actually comes to mind was in fact, Rudolph the Red-Nosed Reindeer.
In 2001, GoodTimes Entertainment, an animation company that actually at one point had a legal license to use Rudolph, found a loophole in the Rudolph Company's copyright and trademark, allowing them to use the character and the established Rankin-Bass setting without legal trouble. This ended up causing a huge headache for the company in which other companies began to use the characters or it's trademarked themes without permission because of that loophole.
The Rudolph Company had to completely rewrite and get their copyright reapproved, wasting several millions of dollars to protect their IP.
This of course, is a bit different and doesn't really prove or disprove anything going on with Nintendo's side of rabid Copyright protection, but it is something to note.
Completely irrelevant, and the issue at hand is actually that of trademark. This has nothing to do with their copyright on the Mario Bros. IP
Wild Theory: this exact game guide is going to be key to the plot of the upcoming Mario Movie and they perhaps plan to reprint and sell it as merch thereafter. 🤔
Not bad.
Sounds like another PokéCraft Pokémon Quest situation.
I'm surprised Nintendo didn't allow this. Like genuinely. Scan gets popular, it spread to other countries, more audiences are aware it's out there, more people looking to buy the book. Especially after 26 years, it could've spawned another minor bubble of popularity, and gives them a reason to make a good re-print that people would be looking for...but what do I know?
They don’t want to pay the artist any more money
@@zwillscoopchannel9689 we all know this is the real reason... sadly
The main issue here is that, this in NO WAY impacts Nintendo. It was their OWN GUIDE. And the reason for it being uploaded was for preservation sake. It would be different if they were trying to make money off of it, and Nintendo didn’t want them profiting off of an IP/their own guides, but that’s not the case. And let’s not act like Nintendo is ever going to reprint or reissue these guides in any official capacity, so that that’s why they didn’t want to have it online for free. It’s just petty.
"Wow! Seeing that old scan uploaded on the internet has satiated my otherwise lifelong appetite for Nintendo products and I will never buy one again." -Literally nobody ever
Hardly anyone knew about the existence of this guide
So, is there a particular reason NOBODY seems willing to fight Nintendo on this stuff? Beyond monetary reasons I mean? Is everyone deathly afraid of setting precedent in Nintendo's favor or something? Because I feel like it wouldn't be that hard to win this kind of case, at least in the US, and in particular because this seems like pretty straightforward preservation and not a ploy to make profit.
Seriously, could you imagine such a case actually going to court and coming back with a win for the little guy? Finally, FINALLY, kneecapping Nintendo so they can't do as much of this stuff anymore? Is that just a pipedream? Am I crazy? What's the deal with this?
The reason, as always, is Money. It wouldn't be hard to win except for the common strategy of the big company just dragging the case out until the little guy runs out of cash and gives up
Well besides finances, Nintendo is a Japanese company so that in and of itself throws a monkey wrench in an international case involving preservation or even fan-games.
Everyone wants to make them stfu, we all hate that they can casually C&D whoever they want with no recourse, the issue is that litigation is extremely expensive and time consuming. When a company as large as the Big N is going against you in a court of law you need to have really good lawyers on your side because you can guarantee that they'll be packing the best money can buy. The reality is that unless consumers band together in some sort of massive class action suit (something not possible with regards to any of these takedowns), people just lack the resources to fight back.
To put things in perspective, Nintendo *still* hasn't come under fire for the shoddy production of Joycons for the Switch after five years on the market with no change in quality.
Why exactly would that be a problem though? If the US says it is legal to host images and such in the US for the purposes of preservation what could any company from Japan actually do about it besides whine and/or complain?
@@Kohryujin Easy, they C&D you according to Japanese laws and try to drag you into a court battle that lasts years until you run out of money and walk away, in which case the C&D is still on the table.
I almost wonder if there's like an AI at Nintendo that scans the internet for anything that potentially infringes on copyright. I can't imagine an actual human would look at the guidebook and say "You can't have this"
Copyright AIs 100% exist
Wow, those aren't models from the game, those are models that someone built in the real world and took photos of!
I am really interested in this guide just for that art! That's incredible!
These videos are very important so that Nintendo understands how public opinion thinks about these issues. But corporations are getting out of hand with their greedy asses. Nintendo is no exception. It’s a shame, really, especially for more mature audiences like us who grew loving Nintendo games and experiences but now see how corporations and money money money is all that matters. Power is too high on these big heads now.
You have to understand that Nintendo doesn't care. Everyone hates NSO? Doesn't matter, they've made their money. They spent weeks in meetings working out the exact price that would get enough customers to make it profitable with minimal effort. People have to stop supporting companies' bad behaviour.
@@PlatinumAltaria most of the public is very uneducated. In all matters really. It’s a capitalist world where people have no education about anything. They are lead to buy anything out of the publicity or ads they see. Education and public awareness is key on these matters. The more stupid the public gets, the more money companies do. Until there’s some cycle on social media where some scandal drops and then people stop buying this or that and a whole shitstorm begins.
So yeah, education is key.
Come on Nintendo, get with the program. People want stuff, hell, I want stuff. I miss the old classics and that guide actually looked awesome.
I'm gonna be honest, I know we all thought "Nintendo can't stoop lower" when they took down the Melee tournament. Because it's a 20+ year old game where players have to find an alternative method of playing it, especially in a day and age where we're trying to prevent a disease from going rampant. Emphasis on trying.
We tried to be civil people and Nintendo took it down because they honestly really despise Smash players. They just do.
But folks, this is even lower than that. This is no longer about money, no longer about copyright, no longer about whom owns what. I genuinely think Nintendo is just going after anything that brings happiness to people.
If it's not approved by Nintendo, it will be shut down. No questions asked.
It is their ip, and if you don't like it, don't play it. whining accomplished nothing.
@@andyblanton6570 But that's not the point. The point isn't to whine or boycott their creations. The point is to bring awareness. It's almost like they're aiming to get rid of the communities they created.
And if no one "whines" about it, how is anyone going to know? If it ticks you the wrong way, why not speak up about it?
You can't just say "it's their ip" cuz no one's arguing that. That's not taking into count the full picture here. If it was as clear as black and white, you speak nothing but the truth with this comment, but it's just not that simple. These pointless acts will eventually add up.
@@CrimsoniteSP if it isn't about whining and boycotting, what is the raising awareness even good for?
@@andyblanton6570 Company practices. Like how EA, Ubisoft and Blizzard/Activision have had their reputations completely demolished. It drastically reduced their profits from their hardcore fanbases and leaves a bad impression.
Nintendo isn't in that bad bunch yet, but they are getting closer and closer with each passing day. With how Nintendo is running their company right now, it's really going to kill the passion of their fanbases. It'll most likely lead people to just leave Nintendo products altogether.
@@andyblanton6570 “don’t whine”
While he whines about someone criticizing Daddy Nintendo.
Pettiest Nintendo Takedown a a very high bar to cross
Atlus is draconian about anybody having any footage of there games even if the game is already released. There is a whole set of rules that Atlus puts out about how much of the game you can show don't get to far in, what cutscene you can't show, and to watermark the name of the game on the screen and this applies to anyone's livestream or video not just partners if you don't follow these rules they take it down.
Yet somehow Atlus is criticism except because they made 3 good games.
Welp, it's time I piss off the Nintendo Ninjas myself. Gonna begin taking game manuals from NES and make HD versions and upload them and I will NOT listen to their takedown notice.
At this point Nintendo would have to do something drastic to lower my overall opinion of them anymore than it already has. They make good games and that’s about all I can give them.
They are a game company, what else do you expect?
@@guyfierimtwi shush
@@heehoostockdude2338 what else do you expect them to do? to make bad movies?
@@wool578 Isnt that what the upcoming mario movie is gonna be?
I'm kidding
even that is pretty debatable depending on which games your looking at, the best recent nintendo games (last couple years) have been from outside studios, ie: Kirby (HAL) and Metroid (MercurySteam)
ofc best is subjective, but I don't know who would argue something like the recent mario sports games or recent mario party games are better when all have released lacking content
Okay, I took a copyright/trademark class a few years ago now, and I have a similar yet different argument: any company has to fight any situation where their company’s copyright/trademark is infringed on because if they don’t, it sets the precedent that it was okay to do, and if it does happen again in the future with something more significant, they could lose THAT battle. It’s stupid, it’s idiotic, I hate it…but I think that’s what’s happening here. What Nintendo needs to do is start releasing things into the public domain, especially strategy guides and magazines they LITERALLY have no way of making money off of anymore.
Disney does this all the time. Preschools aren’t allowed to paint MICKEY FREAKING MOUSE on their walls. Disney has SUED PRESCHOOLS.
Basically same idea with art: if you don't protect your artwork, you cannot win court cases when artist x makes an imitation for profit. This is why original paintings are worth millions: because you need authorization to copy them. This costs money, which adds value to the original artwork.
If Nintendo actually crunched down all the fanart and whatnot floating around on the internet, their products would skyrocket in value.
Nintendo really is becoming the video game version of Disney, which scares me.
At least they don't seem interested in eating the competition, unlike Microsoft and the like? Faint praise...
@@ghostcassette6012 No, I meant them being super absurdly protective of their properties. Disney was none for being protective of their properties to the point of screwing over the public domain.
They already are…
saw a comment on a nintendolife article where a dude said he reports stuff to nintendo, absolutely crazy.
I honestly wanna see someone stand up to Nintendo and actually go to court. I love the products they make, but as a company they fucking suck.
Closest was Matthew Storman who relaunched his romsite after losing a $2 million lawsuit against Nintendo lol
Unfortunately I can’t see any opposition holding up. This is obnoxious, annoying, and absolutely stupid… but they do hold the copyright of this book. I absolutely hate what they’re doing, but if you tried to oppose them in court they are perfectly legally justified in what they’re doing.
yeah but how should you win when it's pretty clear cut that big N would win?
"Do you think sales would be affected by a scan of an old guide book?"
Yes. They would probably be increased as more sm64 fans are created by the healthy community that still loves the game.
Person: Uploads a picture of Mario
Nintendo: *We must eliminate*
4:30 In Germany there are really many who have lost their brand because they did not protect it well enough or was no longer worthy of protection, e.g. tempo or tesa. Lego keeps suing people who say other bricks are also Lego, because otherwise they could lose the Lego brand
That's more so because you immediately think of those brands when you think of a generic tissue or generic taperolls, the product from that brand lost all meaning.
But in what world would you not associate Mario with Nintendo?
Copyright, the one game series I see that is public for the developer and fans is the Touhou fanbase, there are fan games on the switch that the real creator of the franchise releases it on consoles as well
Arlo, ask questions to me about this if you want, I’m available
Every time I’ve seen Nintendo take down stuff, I just always remember that introspective skit about piracy
The way I see it. Nintendo isn't one big hive mind. It's a large group of people each with their different morals and ideals. So with this example all of Nintendo probably didn't Unanimously agree to take this down. There's probably just one executive at Nintendo that's just really petty and is personally responsible for all of these take downs. Cause most of Nintendo probably doesn't care about this stuff. But all takes is just one a-hole with enough power to ruin an entire fan project.
It's their legal team, most likely
that's a given. When people say a company is bad, they're talking about the people making the bad choices, not the entire team (unless the entire team IS making bad choices)
Honestly, I think this situation just highlights once again how absolutely ridiculous current copyright laws are.
After 25+ years of not doing anything with a copyrighted piece, said copyright should just expire. Of course powerful media companies do everything they can in order to prevent the expiration of copyright altogether.
I think of this like the Sony Spider-Man situation. Sony has a contract that forces them to release at least one Spider-Man movie every five years, otherwise their movie rights expire. As a result, they make an active effort regularly releasing new movies, which ultimately just means more money fot them and more Spider-Man movies for fans. Everyone wins.
In a similar vein, I think copyright should expire after, let's say, 10 years of non-usage. That would force companies to actually do something with all of their copyrighted stuff, or risk letting it go to public domain. A law like this would immediately take the wind out of Nintendo's drip-feed retro release tactics as well. They would HAVE to make all of their games available to people, otherwise they would lose the copyright.
Or just, you know, copyright could expire after a reasonable 30 or so years, and trademarks could work like they already currently do and you need to protect them.
I'm thinking it might be to preserve Nintendo's mission to make everything a collectible so people buy their product quicker.
Nintendo would probably DMCA strike a 6 year old's drawing of one of their characters lol.
This is why I don't condemn people that pirate their 1st party games. They've been so anti-consumer for so many years now.
Well if the new Mario game gets on the PS5 and Nintendo Switch for example: Where do you think people will buy it from? The higher graphic version everyone wants or the more innovative version Nintendo puts out?
My point is they are useless without their IP