You should get in touch with Rekieta Law (@RekietaMedia on Twitter) to talk about this stuff. He has a little history with smash would prolly be able to help run through the legal side of this.
Nintendo *owns* the IPs, and they're not the only company to take down fan-games. Here's a video explaining this: th-cam.com/video/dGlnKvjLFOs/w-d-xo.html Edit: And for those that are too lazy to even bother going to the link because they think it's some kind of stupid "virus," go look up "Fair Use Falsehoods" by ADoseofBuckley.
@@mistake1197 This was copied with TH-cam's share options. Even then, you probably have anti-virus software that can save you before it's too late to go back. You're clearly trolling right now.
@@sebastianswan7975 no I don't think you get it. All of the amazing things theyve done, no-one asked for it, they never knew they wanted it. Take mario galaxy
@@chrispo7610 What I'm saying though is that making things that no one asked for isn't really bad. Nintendo is known not because of power but because of how innovative they were. Sales and other statistics are keeping nintendo up as a large giant company. Doing things that no one asked for isn't always bad and could be a good thing.
I’m glad it worked because the intention was for it to make Nintendo sound really ridiculous and weird, but rewatching it I’m like “I really hope that point gets across and the ridiculousness of the analogy isn’t just seen as bad writing LOL”
@Fc Jd I see what you’re saying, but I think the point is that if Nintendo did offer a legitimate way to get the game, melee community members would buy it. Most players I know have owned/still do own melee discs, sometimes multiple copies, even if they got the ISO online. I think if we had a Slippi equivalent available on the switch (as in something with genuinely good online play, no major game changes that mess with balance) the community would jump to buy that. Remember, super major tourneys (Big House, Genesis, etc) are often like $60-80 because of venue costs etc. So at the very least, anyone willing to go to a tournament would likely be willing to pay for Melee too, and I think even more would be willing as tourneys are a one time experience, unlike melee. Because of that, I don’t think the fact that the community plays on “illegal” copies matters much at all for the analogy. Plus, imagine if Nintendo chose to release the game for cheap/free like other esports, but introduced cosmetic skins etc to make up the costs. It’s not the game has development costs at this point lol
@Fc Jd it’s more accurate to say that every single melee player got it in illegal ways. Although not inherently illegal, ripping of Nintendo’s digital media is explicitly against their terms of use, something everyone agrees to when buying and playing smash.
How is it important for you to play a game that you'll probably bootleg anyways. And if you did play it before and bought it before, too bad. Nothing last forever.
@@BackyardRonin I'm just saying, let it die. If you bought the game years ago, its probably broken by now because disk form. If for some reason Nintendo does do a re-release, fine, but until then, ultimate bro. And if not ultimate, anything else. Ps5 came out, check into that.
@@BackyardRonin Can you eat everything, can you watch every movie, can you live anywhere you want, can you do everything you want? There are limits and sometimes you just have to know where the boundaries are.
Although we are disadvantaged financially, we have the power of the people. That's the bigger picture here. Big corporations like Nintendo are using piracy as an unjust excuse to shut down loving game communities that they abandoned for outdated ideals. Fan projects and mods of Pokemon, Chrono Trigger, Zelda, Mario, Metroid, Smash, and many others are shut down left and right and not cared about at all. Nintendo doesn't buy the idea from them and sell it. Nintendo doesn't hire those developers to work for their latest game. Nintendo doesn't even put out quality equivalents after getting rid of the fan projects. Not a even smidge of respect for fans. Slippi will be no different, and so will future passion projects. #FreeMelee If you still defend Nintendo's laziness and outdated practices, know that other companies have modernized long before Nintendo. SEGA, ArcSys, SNK, Riot, Capcom, BAMCO, NR all have done at least ONE of those things I listed above for the sake of their community. Also, something something commenting for the algorithm.
Competitive Smash about Nintendo: "DMCAs are bad and Nintendo makes crappy games! They also distract " Competitive Smash about Nickelodeon All stars Brawl: "They'll add in voice lines and costumes later, also who cares about Nick DMCAing a fan project, HUGH NUETRON BABY!"
Wow this community has so much passion. Most game companies would kill to have a esport just fall into their lap. Not sure why they don't help the community thrive. #freemelee
Let me enlighten you. Nintendo marches to the beat of their own drum. Scratch that, Nintendo wants control. Esports is a concept that would enact outside parties to run a division Nintendo neither wants nor could control. With too many fingers in that cookie jar, there would be no control. Same thing with so-called fan made games. Sure it hurts no one nor that fans release them, but the control is taken away from them. Nintendo doesn't believe in an autonomous community that can take the reigns of their message. Esports represents a business that takes away from their product and places it in an individual who Nintendo believes does not represent their brand. Take Zero for instance. Known to be the most successful smash player of all time, (sorry Ken) has been accused of lewd behavior. Theres mango who seems to always be biting the hand that feeds him when he goes out there to puts out bad press. Hungrybox recently had negative reactions to the cease and decease and made public his distaste for their decision. The same hungrybox that out right said he wouldn't take a job at Nintendo when Reggie playfully ask to give him a job at Nintendo. The community is autonomous with emerging stars taking center stage. Something Nintendo never asked for. Let melee die, long live ultimate.
Yeah, so full of passion they can't help getting a little of it on kids, usually on their legs. Let’s face it, the pedophile ring incident really is the last straw for them.
@@blindwhy 1. Most of them were Ult players. 2. We got those terrible people out of our community, which plenty of communities don’t do 3. Nintendo has been doing this for 7+ years, which is long before that happened.
I wish Nintendo would give us a Melee rerelease with online functionality. Like Slippi. But they won't. It's weird to me how adamant Nintendo is on not rereleasing melee when they will gladly rerelease Mario games like it's all they have.
I made this same point on another video and had people calling me idiot. Nintendo is already using emulation for their re-releases. On hacked Switches we already have Melee up and running it wouldn't be that hard to have it boot up thru a slippi emulation and you wouldn't even know it
Okay, we need to be real for a second here, and acknowledge the real reason why Nintendo is pretty clearly trying to bury Melee. If you’re not immediately screaming “it’s because the fans are whiny pieces of shit who have proven to be loud and abusive over the past 20 years”, that’s because you’re a Melee super fan who can’t just let old things die. I’m not trying to be hyperbolic, really and truly I’m not. I’m relating an experience that’s far too commonly shared at smash events (Melee in particular, but they all suffered from this to an extent) wherein nearly every single person I met who was competing was a massive piece of shit who deserved no love in their life because of how arrogant and downright mean and petty they were. I’ve been screeched at by other fans for literally “looking at someone the wrong way and throwing them off their game right before a match”, and I didn’t even know who anybody was. Look, I get it, I really do. It’s frustrating to love something that most people “just don’t get, even as a casual hobby”. There’s a feeling of isolation, even in large groups of people who share your specific niche interest. It’s the kind of bullshit that gamers have had to put up with since we were huddled around tables playing D&D. That being said, the Smash community’s overall resounding response was to say “FINE THEN! THIS’LL JUST BE OURS AND NOBODY ELSE CAN EVEN LOOK AT IT OR WE’LL BULLY THEM INTO LEAVING!!!”. Maybe y’all never deserved Melee to begin with. Maybe none of us did, even those of us that just played for fun and wanted to be part of something cool. Maybe the fact that it took a virus killing all of these people to shut down a simple melee tournament, and I’m sure I’ll catch flak for this, but maybe those deaths were worth it. Because if you remove the maybes from those sentences, you get the same sentiments that were felt by everybody y’all told to fuck off, stop asking questions, stop investigating people who play for any reason, and leave you with your precious little game. Just google “super smash bros.”+”abuse” That is, if you have the balls to do that.
You know that nintendo IS part of the events that couldn't be in 2020 so they gave them rules about what they can do and what they can't do and they firmed, this is not nintendo fault even when Nintendo is like the devil of videogames this wasn't nintendo fault at all xd
As someone who played brick bronze for hours back when it was still up, I think they made the right decision to shut it down. You could just play it completely for free instead of buying a 3DS and a Pokemon game since brick bronze was almost identical and used official pokemon sprites. As unfair as it sounds, it's pretty darn fair.
At first, I thought this was a stupid thing, but I finally understand how Melee players feel about the game being shut down, this is sad ☹ Also, If you are seeing this Nintendo, I have nothing to do with Melee but please Nintendo, #freemelee for the fans
If Nintendo shuts down online Melee, I pledge to boycott all future Nintendo releases. No kidding, I will even give up BotW2 and all future releases from the Zelda series, that I love, in protest of this act.
Way to virtue signal and showcase the epitome of flash reaction. Go ahead and put those restrictions on yourself because you feel so strongly about a situation that has nothing to do with you. If you're giving up on gaming and this helps you personally in life to stop playing, well I really hope its the latter.
One of the reasons I like Sonic Mania so much isn't for the game, but for the developers behind it. SEGA hired several passionate fans to develop their own licensed game. Nintendo does the opposite. Sega truly does what nintendon't.
How could these be "illegal copies" of Melee used for the online tournament?! All the players without a doubt own a genuine disk of the game. Backup ROMs, by law, are legal. #freemelee
But only if they are dumped and not if they are downloaded. And what the ISO's can even be used for (the laws talk about having to use them for "archival purposes") is a legal grey area. Using an ISO to unlock new functionality could easily be seen as nowhere near "archival purposes" and thus deemed actually illegal. tl;dr Our legal system is complete and total ass.
#freemelee this is the best game ever with the best community. Shutting it down would be hurting one of the most self-reflective scenes in gaming. The melee community works hard and deserves everything they’ve created.
Melee came out when I was a young kid,I never really got into it until about 5 years ago when I attended a Big House tournament with done friends,Since then I have been avidly playing smash bros and supporting the community,However I cannot believe Nintendo would do something like this,especially after fans went through all the work to bring a game they love into the modern competitive scene just to have the company who made it say "nuh uh you can't do that" (#FreeMelee)
I looked for this vid from you Radar, was happy to find it so quickly. Excellent work & production quality as always and a message that needs to be spread. Melee Forever.
What does Nintendo gain from the melee circuit? I can see why they might think it could be harmful for them, drawing the attention away from more recent games that are more profitable.
People who aren’t familiar with the Smash Bros may look at these tournaments, think “hey, that’s pretty cool” and give Smash Bros a try. Which, in turn, gives Nintendo more money. Although it’s true not everyone will do this, many people do
@@Ry_weis when does that ever happen. Everyone in a smash tournament is there because they know about it. Who is going to randomly go in, see the screaming crowds, go "wow, this is magic land and I should buy smash ultimate because thats what they're playing here at this melee tourny." Stop it ,let melee die.
I feel like Nintendo thinks that many people will see these people playing melee and will say “hey I want that game” but it is a very old game and cannot be found in stores. Nintendo does not want to focus on games that are 20 years old. They want to focus on the newest of the new. Nintendo doesn’t want recognition from a game that came out 20 years ago, to put it simply
My guy they literally just re-released Super Mario 64 and Mario Sunshine for the price of a full game. Where did you get the idea they want to focus on the newest of the new lol??? They legit charged full price for that game collection and made a huge deal about it!
@@gddatfatrat2390 you’re so close but you’re not there yet lol. So Nintendo took the time to remaster the game, and sold it on switch. Yet they chose not to do this for melee even though the community has wanted Melee HD for years.... See the problem?
I guess since sm64, sunshine, and galaxy are such intricate games, then Nintendo wanted to make it a 3 in 1. But ultimate is already on the switch, so Nintendo doesn’t want to put another smash game on there.
@@gddatfatrat2390 >doesn't want to put another smash on it Both the Wii and Wii U officially supported _three_ Smash games. The native one, the previous one, and Smash 64 in Wii VC.
This is so sad. I'm shocked hat this is happening again. I understand Nintendo's position. They can't sell melee to make money and they don't sell gamecubes so the revenue potential is just not there. I just think it sends a bad message to any fans of nintendo. What if they say hey you can't speedrun our game at an event. This will show developers that they should push back on their fans whenever they disagree even a little bit.
Even if Nintendo chooses not to rerelease melee, something that on its own doesn’t make a lot fo sense as they rerelease other games all the time...it’s also a 20-year-old game. They’ve made a ton of money off it already, if money is their issue just rerelease it then!
Smash community: **has a bunch of predators** Nintendo: ............. Smash community: **makes their own Melee tournament** Nintendo: REEEEEEEEEEEEEEEEEEEEEEEEEEE
I love Nintendo - I'm a vetaran Nintendo fan. They make amazing games and innovative consoles. Hearing news about Nintendo acting like a criminal japanese Mafia just hurts my heart. I wonder who's responsible for such behavior... I hope in the future that Karma will hit Nintendo eventually and make them open their eyes. The GigaLeak is already a example of that IIRC. #freemelee #isuckatmelee
Nintendo is not the villain here. They took no ones game away. I bought 3 different melee disks in my life and Nintendo never came to my house and took it away. But, a group of esport aficionados tried to alter and give Nintendo games away, then offered money as a prize for people to be part of the whole ordeal. #nintendoinnocent
i came from the fanmade marioparty ds anti piracy screen, and assumed this had to be something like someone finding a free melee disc or whatever and realizing it’s a pirated copy
Now look, I don’t really play Nintendo games. I’ve always stuck with the blue blur and his games. I grew up with Sonic Spinball. However, Melee is one of the most celebrated smash games, with a very long history. I have played Melee before, and it is fun. Taking the fun out of something makes it redundant and boring. Nintendo, please reconsider your decision. #FreeMelee
@@jaredbowers9503 A. ASW aint like that And B. If you consider Nintendos retaliation against the Smash scene after what theyve done to their brand a bad thing, I genuinely dont know what to tell you
Plain and simple, if your playing melee. Your not playing their newer version, therefore not spending money. They want you to play their “newer” version because money.
People make this argument a lot, but if it was just about money they would simply rerelease melee like they’ve rereleased a bunch of their other old school titles.
@@Radarssbm I think they want to focus on their newer title “ultimate” and titles to come, basically they don’t care about melee or intend to put any money to even developing a newer version of it.
Has anyone actually consulted a lawyer about the situation? The organizers say that they were "forced to comply with the order", but cease and desist letters aren't legal orders by any means. They are letters that accuse recipients of violating the law with the threat that they'll file a lawsuit if they don't comply. Cease and desist letters have been routinely abused by large corporations as an intimidation factor, as they're banking on the receiver being too scared to disagree with the company's accusation even though the company knows they have no legal basis and have no plans to take anyone to court. If these tournament organizers weren't willing to pay $200 or so to consult with a lawyer on the matter, then they deserve blame as well, because the only way to actually have a chance at stopping this nonsense is to have an actual attorney look at the case to evaluate whether or not Nintendo has a valid claim or if they're just talking BS.
I mean, give them some credit that after 15 years of Nintendo screwing them, they’ve actually looked into their rights... The problem, like in a lot of legal cases, isn’t only whether or not the law is on your side, it’s “do you have the financial resources to fight this and is taking that risk worth it?” Fighting the cease and desist commits them to a legal battle that will take literal years to finish, and you might invest years into a battle that you ultimately end up losing. In the meantime, you wouldn’t be able to continuing broadcasting stuff anyway. We already know that Nintendo has the right to refuse broadcast rights, this has been explained repeatedly by lawyers, so Nintendo could still stop the tourney from streaming, even if their Slippi reasoning is proved to be illegal. Also, for someone criticizing people for not looking into the issue, it’s kinda funny that you didn’t bother to watch the video I linked where an actual lawyer explains the law?
@@Radarssbm A video to some guy on TH-cam isn't equivalent to legal consultation, as even the guy you cited mentions in his channel's About section: "DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN OUR VIDEOS SHOULD CONSULT WITH THEIR OWN COUNSEL." Not only that, but the same guy repeatedly stated in his video that he didn't know if Dolphin or Slippi violated the law, and made the general conclusion that the entire subject is in "a gray area." THAT is why it needs to go to trial, so that a precedent can be set to have future suits that raise the same questions be easily dismissed. You don't commit yourself to a lawsuit when you ignore a cease and desist, as the company could refrain from filing a lawsuit or the suit could end up being settled before trial. You're assuming that a judge would grant injunctive relief to Nintendo, as the judge may disagree that it needs to issue a court order barring this tournament from taking place pending litigation. No, Nintendo doesn't definitively have the right to shut down broadcasts of their games. Companies like Lexmark have been trying to control what consumers can/can't do with their purchases citing patent rights and the DMCA, and thankfully, the Supreme Court has struck down their patent claims among others (www.supremecourt.gov/opinions/16pdf/15-1189_ebfj.pdf). Besides, pro se litigation (i.e. self representation) can be an option depending on your circumstances. Regardless, I suggest being more open minded to additional input from others. You make a lot of bold claims that not even your sources agree, as the person in the video you cited even agrees that a lawsuit _actually_ needs to be filed and have a judge make a ruling. Crowdfunding exists for situations like this, so that millions of people who share a common goal can achieve it through donations. Or you know, keep letting Nintendo overstep their boundaries for another 15 years while everyone just pointlessly tweets #FreeMelee pretending to be superheroes on the internet...
@@UndertakerU2ber you’re fundamentally wrong about the broadcasting rights thing, and you’re also ignoring the fact that any lawyer on TH-cam is going to add “this is not legal advice” as they’re basically forced to do that. You’re right that he was 100% clear on the details, but we have a long and clear precedent that broadcasting rights are entirely in control of the company who created it. I already outlined why committing to fighting a lawsuit is a huge undertaking and isn’t worth it due to the broadcast rights thing but you’re still acting like you know this shit when you don’t. The broadcast rights thing has been a long-standing issue across all esports dude, it doesn’t take long to look it up
@@Radarssbm Yeah, the lawyers are "basically forced to do that" because it is NOT legal advice that has been paid with a consultation fee. Honestly, I think it'd be better to have a lawfirm with a broader view on the subject matter look into it and give legal advice rather than quoting from some Michigan lawyer's TH-cam channel that provides inconclusive, speculated legal information. Legal advice always trumps legal information. I don't know why you're getting so pissy on the subject matter when this doesn't even involve you personally. You haven't cited a single case regarding this alleged "precedent" that's been set and are acting as a source of authority on the matter. Fair use is a real thing and may be able to be applied in this case if the claims involve copyright, as transformative works are protected. You don't seem to understand that judges have wide discretion in determining whether something constitutes as falling under fair use, because imo, I think one of the difficulties Nintendo has to face is proving that they are suffering a demonstrated real harm when people host a tournament from a game that has been out of print for decades. But what you do seem to think is that Nintendo has the power to bust down the front door of people's homes to take back the discs of Super Smash Bros. Melee and force consumers to sacrifice their first born child if it's written on one of Nintendo's online websites with an EULA in the title. The truth of the matter is that we need to not only have a lawyer give legal advice on the matter, but have Nintendo's claims challenged in court. If you don't have a citation of a legal case where a video of players and commentators of a Super Smash Bros. Melee tournament was ruled to be infringement or a breach of contract, then you can't assert that Nintendo has such wide control over consumers' use of the disc they bought in stores. Otherwise, I suggest you go back to worthless slacktivism on Twitter and study up on your own from proper legal sources or read relevant court rulings on the matter: www.justia.com/intellectual-property/copyright/fair-use/ www.justia.com/intellectual-property/copyright/fair-use/transformative-use/ Sit
I understand, but, everyone is harm by the pandemic and we had and have to make some sacrifices; just report the tournament, you are not going to die from it. Nintendo is not going to make a port and online platform for melee, just because of a temporary situation. There will be other occasions.
Hi Radar, love your vid. I do want to comment on the remark that Valve contributed much to the TI prize pool. I believe that the vast majority of the prize money does not come from valve, but from a fraction of the sales of battle pass levels made by dota players. I don't think this detail detracts from the main point though.
Yeah this is true, but isn’t this infrastructure set up by Valve itself? I know with other esports they’ll have fundraising stuff where players can buy in-game items and the money for that goes to the players/prize pool. My understanding was that this is similar but I could be wrong, and either way I probably did t describe it perfectly! I only had about a day to make this video so I think it’s a little lower quality than some of my usual stuff
@@Radarssbm No worries! You are correct that the system is setup by Valve, and that their monetization strategy helps promote a competitive scene by diverting funds that they could have happily taken themselves but have allocated it to players instead. This gesture is way more generous than anything that nintendo has done to my knowledge, which is the point I think you're trying to make. I mainly only commented because Valve's explicit seed contribution to TI prize pool is 1.6million out of the 30 million prize pool. The quality of the video is great! I was just being particularly nit picky haha.
Saw someone playing Ult online with #freemelee as their handle, was glad to see it still around a bit. Really never was resolved and that's sad, I ONLY lurk but I know this community has put in so much effort and seems to still be pushing the game. At this point people are literally innovating the game not just in terms of its meta but the advent of Slippi and other (slightly older) widely-used mods.
tl;dr: big us bad and bully for no reason, community good, even tho we have no right over a game made by big. there's also an extensive use of the scarecrow fallacy here
I just have a question: does a Non Streamed, Non Prized tournament could also be targeted?? because that would clear me if nintendo dislikes people making melee a way of life, or just dislikes melee in general. (I still have my copy, but never really play it anymore because of Ultimate, plus I also use emulators from time to time, but Im not an idiot to brag about it online.)
Technically speaking we don’t know what will be targeted. Also, no one is “bragging about using emulators” and it’s incredibly disingenuous to pretend that’s what announcing an online tournament is. Tournament organizers just want to run the tournaments they always run. It’s not their fault COVID is happening. That being said, I find it unlikely Slippi itself will be targeted, and VERY unlikely small tournaments/locals will be targeted either.
@@Radarssbm "but Im not an idiot to brag about it online" I was referring to certain type of streamers that do this to gather attention, not necessarily tournaments.
Happy birthday Melee, rest in peace. You can't rip because people keep bringing you back to life and stitching you up to be some zombie creature. #letmeleerip
so basically, melee players feel entitled to nintendos money. got it. itlf they ACTUALLY like melee theyll play it to win, not for money not for charity no BS copytight infringement just play. but nope you guys cant come to terms with the fact that you invested your fucking life in one old broken game that doesnt have applicable skills outside of it. its pathetic and i love it. Keep going i love the tears.
@@m2kspichu144 melee is there game. people are trying to run tournaments for money with their game. Also they try to sell etikons which nintendo doesnt allow. if someone buys the etikon thats 1 less joy con from a nintendo licenesed seller which means nintendo loses money
@@hhdrathktekken7964 The Melee community weren’t selling the etikons. Also, Nintendo no longer makes money off of Melee, so we aren’t taking any money from them.
@@hhdrathktekken7964 Nintendo could make money off of Melee if they were to rerelease it with online capabilities, but currently they don’t make anything off of it, as it is no longer being produced or sold.
@@m2kspichu144 they don't care if they dont make money. its about others not profiting off their property. Melee is theirs wether it makes money or not. Im not gonna sit here and tell you i know every legal detail but they wouldnt do it if they didnt have to. And then the community childishly goes and peotests and insults them almost to their face (splatoon tourney). Now why would N believe that the players were acting in good faith after that behavior? Also, you dont lnow if they make or can profit off old games still. its like with the recent fan metroid game that was stopped by N. they try to make their own remake but then find out an unauthorized fan game is taking attention and possibly sales away from their remake. Its stuff like that that potentially affects N negatively. They could or coculd not possibly be doing that with melee, probably not. But they must legally protect their properties regardless.
Okay, but let's be fair. Thanks to the years of Nintendo pulling this shit, a lot of us _do_ totally hate Nintendo. They can make great games, but they basically are seemingly purposefully cruel regarding everything else they do. #FreeMelee #FuckNintendo
I guess for me I see it sorta like this: I hate what Nintendo has done to us, but I love the stuff Nintendo makes. Nintendo makes some of my favourite games ever and (imo) continues to produce great titles like BOTW. If Nintendo just treated us fairly, I'd love them fully, but they don't and it's super frustrating.
Haha, let me get this straight. So, Nintendo made you love their game so much, then stopped it. Now you hate them for it and you tell other people to hate them too. 😄 🤣 😂 Bro, you're a jilted girlfriend.
@@nemohic7944 First off, loving corporations is fucking weird, not hating them. Second, I've never been the biggest Nintendo fan anyways; SSBM is the only game they've released millennium that I've put significant time into.
@@aidanklobuchar1798 Whats the difference between hating and loving a company. Both strong emotions to staple on a company. And I never said I loved a company, even though I do have great admiration for Nintendo. Also, if you really don't care about nintendo games, I don't know why you have such a fight in this in the first place. Sure you like smash, but come on, radarssbm has you up in arms in something you sound like you really don't care about. I just wonder if your attitude wasn't sway from a one sided video about who is at fault for why things have devolved to this. I'm a fan too, but this was not a video that spread blame evenly.
I am not a Nintendo shill and I think their actions are awful but it's silly to think they're trying to shut down Melee tournaments just to be mean. They're doing it to get people to play Ultimate because if someone watches an Ultimate tournament and gets inspired to go out and buy Ultimate they can make a profit but since they don't print Melee anymore really only the resellers can profit off it. Now why they just don't remake Melee like the community wants could be any number of things but my guess is that they don't think the time and money they'd need to put in for a Switch remake isn't worth it, or that it would be a PR nightmare for them if little Jimmy says he wants Smash Bros for Christmas but his mom buys him the Melee remake instead of Ultimate so they have to deal with Karen shouting at them because her son won't stop crying.
We have multiple tourneys a year lol, that's how it's sustainable as an esport. If you have no tourneys, you have no earnings, and players can't support themselves. Think it through lol
nInTeNdO iS bUlLyInG tHe ScEnE as if melee is so important lmao edit: nintendo made the game and its nintendo's decision what they'll do with *their* game
Only in some parts of America is football called soccer such as the US and Canada. In Mexico is called by it’s actual name. And also I live in America, the US to be specific and I still don’t call football soccer.
#freemelee can't just some gamedeveloper like those who makes LoL or something just buy the rights of Melee and get it legal for everybody and finally make coole tournaments?
Super Mario Bros has been re-released so many times lol??? People went crazy buying the NES classic and SNES classic. Why do people keep acting like there’s no other examples of popular old-school games? Or that Nintendo hasn’t repeatedly released other popular titles (OoT been remastered, Sm64 on DS and switch...list goes on and on and on)
@@Radarssbm but also there are other smash games Yall just live in the past with Melee There are 3 games after melee but they only care about the second one
@@Radarssbm im saying they love the bug filled game and treat it like a god The whole reason they hate kirby is because he does little damage and some hits dont work
@@globalwarrior16 all I can say is try giving the community a chance instead of just making blanket statements that aren’t actually true. You might find the game is pretty cool dude!
Not to be a bad person, but #STOPfreemelee . I'm sick of seeing people spamming FREE MELEE like this game is their life. It's toxic. Please stop. This is a video about Mario rollercoasters, not Smash or game related at all.
Yeah, I thought it was more but I was also accounting for them selling in-game items right. Which valve could just choose not to offer, and they’re technically selling their “property” and contributing it to the event.
@@Radarssbm nothing pleases me more to finally see that hashtag finally get forgotten and everything's back to normal. The one thing that was annoying is not everyone was interested in it. Also hell during that time people were using Iwata's death as a weapon against Nintendo in s disgusting and disturbing way that disturbed a bunch of innocent people online
@@M64bros wouldn’t say things are back to normal, unless normal is Nintendo constantly screwing the community over? EVO literally just announced no smash at EVO due to Nintendo, and we are still seeing issues with Nintendo’s influence on the scene such as rankings (associated with Panda) not counting or acknowledging online events
@@M64bros yup I suspect that’s why as well, but it’s just another example of them interfering in the competitive scene. The “good” news for melee fans is that Melee wasn’t at EVO already so it’s the Ultimate scene who gets affected.
So I am not trying to be contentious, but I can't understand why people who make a living off of Nintendo products are upset enough with Nintendo to publicly complain. Shouldn't you be greatful for being able to make such a living and accept what decisions they make about their own creation. Seems entitled and whiny to me
So the reason why you feel this way partially has a lot to do with a fundamental understanding of “making a living” off the game. How much do you think smash players make from tourneys? Was your guess close to the reality, which is that first prize at The Big House 9, one of the biggest tourneys in the scene, was $3636 dollars. The overwhelming majority of top smash players are not, in fact, making a living off the game. And the ones that are, aren’t doing it from tournament prize money. So why should we be grateful again??
People like Mang0, Armada, Leffen...these guys make most of their money from content creation. Some of it melee related, some of it not. But imo that’s not making money from Nintendo....it’s making money off your personality, your videos...etc
#freemelee
Triumph
You should get in touch with Rekieta Law (@RekietaMedia on Twitter) to talk about this stuff. He has a little history with smash would prolly be able to help run through the legal side of this.
#freemelee indeed
#freemelee
#Brawlforlife
Nintendo: shuts down every mod and game fans made
Sega: hired fan game developers
As much as I love Nintendo, I gotta admit, Sega sometimes really does do what Nintendon't.
"Sega does what Nintendon't"
Nintendo *owns* the IPs, and they're not the only company to take down fan-games. Here's a video explaining this:
th-cam.com/video/dGlnKvjLFOs/w-d-xo.html
Edit: And for those that are too lazy to even bother going to the link because they think it's some kind of stupid "virus," go look up "Fair Use Falsehoods" by ADoseofBuckley.
@@CarloNassar sorry bud but I don't trust youtube links. Since some of them lead to sites with viruses.
@@mistake1197
This was copied with TH-cam's share options. Even then, you probably have anti-virus software that can save you before it's too late to go back. You're clearly trolling right now.
If there’s one thing Nintendo is good at it’s making decisions that no one asked for and none of their contemporaries would even consider.
Thats actually exactly how to describe nintendo
truly the pioneers of innovation itself
Sales and hype shows otherwise
@@sebastianswan7975 no I don't think you get it. All of the amazing things theyve done, no-one asked for it, they never knew they wanted it. Take mario galaxy
@@chrispo7610 What I'm saying though is that making things that no one asked for isn't really bad. Nintendo is known not because of power but because of how innovative they were. Sales and other statistics are keeping nintendo up as a large giant company. Doing things that no one asked for isn't always bad and could be a good thing.
That soccer analogy is a really good way to explain just how ridiculous copyright law and Nintendo’s decision-making are
I’m glad it worked because the intention was for it to make Nintendo sound really ridiculous and weird, but rewatching it I’m like “I really hope that point gets across and the ridiculousness of the analogy isn’t just seen as bad writing LOL”
@Fc Jd I see what you’re saying, but I think the point is that if Nintendo did offer a legitimate way to get the game, melee community members would buy it. Most players I know have owned/still do own melee discs, sometimes multiple copies, even if they got the ISO online.
I think if we had a Slippi equivalent available on the switch (as in something with genuinely good online play, no major game changes that mess with balance) the community would jump to buy that.
Remember, super major tourneys (Big House, Genesis, etc) are often like $60-80 because of venue costs etc.
So at the very least, anyone willing to go to a tournament would likely be willing to pay for Melee too, and I think even more would be willing as tourneys are a one time experience, unlike melee.
Because of that, I don’t think the fact that the community plays on “illegal” copies matters much at all for the analogy.
Plus, imagine if Nintendo chose to release the game for cheap/free like other esports, but introduced cosmetic skins etc to make up the costs. It’s not the game has development costs at this point lol
@Fc Jd it’s more accurate to say that every single melee player got it in illegal ways. Although not inherently illegal, ripping of Nintendo’s digital media is explicitly against their terms of use, something everyone agrees to when buying and playing smash.
@@frothyslider253 thats cap i didnt sign or agree to any bullshit ToS when i bought my copy of melee
@@frothyslider253 the majority of melee players who got the iso in questionable ways, also own multiple legal physical game copies.
i dont understand the argument "just move on and play a different game". How exactly is that suppose to help me play more melee?
How is it important for you to play a game that you'll probably bootleg anyways. And if you did play it before and bought it before, too bad. Nothing last forever.
@@nemohic7944 it was bad that I bought it before and played it before?
@@BackyardRonin I'm just saying, let it die. If you bought the game years ago, its probably broken by now because disk form. If for some reason Nintendo does do a re-release, fine, but until then, ultimate bro. And if not ultimate, anything else. Ps5 came out, check into that.
@@nemohic7944 why can’t I just play everything?
@@BackyardRonin Can you eat everything, can you watch every movie, can you live anywhere you want, can you do everything you want? There are limits and sometimes you just have to know where the boundaries are.
Although we are disadvantaged financially, we have the power of the people. That's the bigger picture here.
Big corporations like Nintendo are using piracy as an unjust excuse to shut down loving game communities that they abandoned for outdated ideals.
Fan projects and mods of Pokemon, Chrono Trigger, Zelda, Mario, Metroid, Smash, and many others are shut down left and right and not cared about at all.
Nintendo doesn't buy the idea from them and sell it.
Nintendo doesn't hire those developers to work for their latest game.
Nintendo doesn't even put out quality equivalents after getting rid of the fan projects.
Not a even smidge of respect for fans. Slippi will be no different, and so will future passion projects.
#FreeMelee
If you still defend Nintendo's laziness and outdated practices, know that other companies have modernized long before Nintendo. SEGA, ArcSys, SNK, Riot, Capcom, BAMCO, NR all have done at least ONE of those things I listed above for the sake of their community.
Also, something something commenting for the algorithm.
WookieChoi well put!
/thread
straight up facts
Indeed. They literally do not produce a quality equivalent. They could be making GREAT games.
After seeing Demon Souls Remake, Nintendo just looks shameful.
Oh god, Melee is 20 years old...I feel old...
Time to think about _death for the rest of the night again._
if it makes you feel any older, melee is older than i am :)
6 days ago: freemelee
Now: SEPHIROTH! HECK YEAH
Smash fandom are damn circus lmao
Competitive Smash about Nintendo: "DMCAs are bad and Nintendo makes crappy games! They also distract "
Competitive Smash about Nickelodeon All stars Brawl: "They'll add in voice lines and costumes later, also who cares about Nick DMCAing a fan project, HUGH NUETRON BABY!"
Wow this community has so much passion. Most game companies would kill to have a esport just fall into their lap. Not sure why they don't help the community thrive. #freemelee
bruh literally
Let me enlighten you. Nintendo marches to the beat of their own drum. Scratch that, Nintendo wants control. Esports is a concept that would enact outside parties to run a division Nintendo neither wants nor could control. With too many fingers in that cookie jar, there would be no control. Same thing with so-called fan made games. Sure it hurts no one nor that fans release them, but the control is taken away from them. Nintendo doesn't believe in an autonomous community that can take the reigns of their message. Esports represents a business that takes away from their product and places it in an individual who Nintendo believes does not represent their brand. Take Zero for instance. Known to be the most successful smash player of all time, (sorry Ken) has been accused of lewd behavior. Theres mango who seems to always be biting the hand that feeds him when he goes out there to puts out bad press. Hungrybox recently had negative reactions to the cease and decease and made public his distaste for their decision. The same hungrybox that out right said he wouldn't take a job at Nintendo when Reggie playfully ask to give him a job at Nintendo. The community is autonomous with emerging stars taking center stage. Something Nintendo never asked for.
Let melee die, long live ultimate.
@@nemohic7944 nah let all the games thrive
Yeah, so full of passion they can't help getting a little of it on kids, usually on their legs.
Let’s face it, the pedophile ring incident really is the last straw for them.
@@blindwhy 1. Most of them were Ult players. 2. We got those terrible people out of our community, which plenty of communities don’t do 3. Nintendo has been doing this for 7+ years, which is long before that happened.
I wish Nintendo would give us a Melee rerelease with online functionality. Like Slippi. But they won't. It's weird to me how adamant Nintendo is on not rereleasing melee when they will gladly rerelease Mario games like it's all they have.
I made this same point on another video and had people calling me idiot.
Nintendo is already using emulation for their re-releases.
On hacked Switches we already have Melee up and running it wouldn't be that hard to have it boot up thru a slippi emulation and you wouldn't even know it
Honestly even if they did rerelease melee with online, it would suck. Melee online without ucf or good netcode for a monthly fee is what we would get.
@@left4mufffins and item matches. Don't forget item matches.
Nintendo would release the pal version with a delay and would mess it up. I really hope they never do anything with Melee
barely cry on this video!! We can do this again!!
Got a Nintendo ad while watching this.
"In order to protect it's tendies" @0:33
also #freemelee
Okay, we need to be real for a second here, and acknowledge the real reason why Nintendo is pretty clearly trying to bury Melee. If you’re not immediately screaming “it’s because the fans are whiny pieces of shit who have proven to be loud and abusive over the past 20 years”, that’s because you’re a Melee super fan who can’t just let old things die.
I’m not trying to be hyperbolic, really and truly I’m not. I’m relating an experience that’s far too commonly shared at smash events (Melee in particular, but they all suffered from this to an extent) wherein nearly every single person I met who was competing was a massive piece of shit who deserved no love in their life because of how arrogant and downright mean and petty they were. I’ve been screeched at by other fans for literally “looking at someone the wrong way and throwing them off their game right before a match”, and I didn’t even know who anybody was.
Look, I get it, I really do. It’s frustrating to love something that most people “just don’t get, even as a casual hobby”. There’s a feeling of isolation, even in large groups of people who share your specific niche interest. It’s the kind of bullshit that gamers have had to put up with since we were huddled around tables playing D&D. That being said, the Smash community’s overall resounding response was to say “FINE THEN! THIS’LL JUST BE OURS AND NOBODY ELSE CAN EVEN LOOK AT IT OR WE’LL BULLY THEM INTO LEAVING!!!”.
Maybe y’all never deserved Melee to begin with. Maybe none of us did, even those of us that just played for fun and wanted to be part of something cool. Maybe the fact that it took a virus killing all of these people to shut down a simple melee tournament, and I’m sure I’ll catch flak for this, but maybe those deaths were worth it. Because if you remove the maybes from those sentences, you get the same sentiments that were felt by everybody y’all told to fuck off, stop asking questions, stop investigating people who play for any reason, and leave you with your precious little game.
Just google “super smash bros.”+”abuse”
That is, if you have the balls to do that.
You know that nintendo IS part of the events that couldn't be in 2020 so they gave them rules about what they can do and what they can't do and they firmed, this is not nintendo fault even when Nintendo is like the devil of videogames this wasn't nintendo fault at all xd
Nintendo will never give mercy to anything, just like it didn’t give mercy to brick bronze
As someone who played brick bronze for hours back when it was still up, I think they made the right decision to shut it down. You could just play it completely for free instead of buying a 3DS and a Pokemon game since brick bronze was almost identical and used official pokemon sprites. As unfair as it sounds, it's pretty darn fair.
Guys. All will be justified if Nintendo announced a smash switch port collection or something like that.
But its Nintendo so ya know
Before this video I thought people were doing #freemelee for the reason to make melee free but I’ve realized what it really means
It's so ironic that to get the best out of Melee what we need is for the company that produced it to leave it alone, rather than support it.
Actually, if they supported it, you would get what you want. But since they don't, you got reality. Something you don't understand.
Free Project M while you are at it.
free pmex
@@abrahamicreligionsbowbefor3585 aint that a mexican gas station
Project + they will never free that
pm died for ddlc
At first, I thought this was a stupid thing, but I finally understand how Melee players feel about the game being shut down, this is sad ☹
Also, If you are seeing this Nintendo, I have nothing to do with Melee but please Nintendo, #freemelee for the fans
If Nintendo shuts down online Melee, I pledge to boycott all future Nintendo releases. No kidding, I will even give up BotW2 and all future releases from the Zelda series, that I love, in protest of this act.
Way to virtue signal and showcase the epitome of flash reaction. Go ahead and put those restrictions on yourself because you feel so strongly about a situation that has nothing to do with you. If you're giving up on gaming and this helps you personally in life to stop playing, well I really hope its the latter.
There’s a whole page about this now,wow
This free melee movement died once nintendo started announcing stuff
One of the reasons I like Sonic Mania so much isn't for the game, but for the developers behind it. SEGA hired several passionate fans to develop their own licensed game. Nintendo does the opposite.
Sega truly does what nintendon't.
All these soccer analogies bring to mind a certain Mashed Potato Soccer Guy...
How could these be "illegal copies" of Melee used for the online tournament?!
All the players without a doubt own a genuine disk of the game. Backup ROMs, by law, are legal.
#freemelee
But only if they are dumped and not if they are downloaded. And what the ISO's can even be used for (the laws talk about having to use them for "archival purposes") is a legal grey area. Using an ISO to unlock new functionality could easily be seen as nowhere near "archival purposes" and thus deemed actually illegal.
tl;dr Our legal system is complete and total ass.
@@aidanklobuchar1798 tl:dr Agreed, but at least that grey zone allows for emulation... better than full blown declared illegality :P
#freemelee this is the best game ever with the best community. Shutting it down would be hurting one of the most self-reflective scenes in gaming. The melee community works hard and deserves everything they’ve created.
Melee came out when I was a young kid,I never really got into it until about 5 years ago when I attended a Big House tournament with done friends,Since then I have been avidly playing smash bros and supporting the community,However I cannot believe Nintendo would do something like this,especially after fans went through all the work to bring a game they love into the modern competitive scene just to have the company who made it say "nuh uh you can't do that" (#FreeMelee)
I looked for this vid from you Radar, was happy to find it so quickly. Excellent work & production quality as always and a message that needs to be spread. Melee Forever.
Its already dead. Its gone the way of Mohaa, unreal tournament, teamfortress.
What does Nintendo gain from the melee circuit? I can see why they might think it could be harmful for them, drawing the attention away from more recent games that are more profitable.
People who aren’t familiar with the Smash Bros may look at these tournaments, think “hey, that’s pretty cool” and give Smash Bros a try. Which, in turn, gives Nintendo more money. Although it’s true not everyone will do this, many people do
You should really check out hugs video on the matter. If you really can’t understand marketing or how tournaments work
@@Ry_weis when does that ever happen. Everyone in a smash tournament is there because they know about it. Who is going to randomly go in, see the screaming crowds, go "wow, this is magic land and I should buy smash ultimate because thats what they're playing here at this melee tourny." Stop it ,let melee die.
Came here after seeing entire twitch chat spamming #freemelee and was wondering what it was about
Happy birthday, Melee.
I feel like Nintendo thinks that many people will see these people playing melee and will say “hey I want that game” but it is a very old game and cannot be found in stores. Nintendo does not want to focus on games that are 20 years old. They want to focus on the newest of the new. Nintendo doesn’t want recognition from a game that came out 20 years ago, to put it simply
My guy they literally just re-released Super Mario 64 and Mario Sunshine for the price of a full game. Where did you get the idea they want to focus on the newest of the new lol???
They legit charged full price for that game collection and made a huge deal about it!
Yes, because that’s on the switch. Nintendo advertises switches, not gamecubes
@@gddatfatrat2390 you’re so close but you’re not there yet lol. So Nintendo took the time to remaster the game, and sold it on switch. Yet they chose not to do this for melee even though the community has wanted Melee HD for years....
See the problem?
I guess since sm64, sunshine, and galaxy are such intricate games, then Nintendo wanted to make it a 3 in 1. But ultimate is already on the switch, so Nintendo doesn’t want to put another smash game on there.
@@gddatfatrat2390 >doesn't want to put another smash on it
Both the Wii and Wii U officially supported _three_ Smash games. The native one, the previous one, and Smash 64 in Wii VC.
And everyone went quiet once Sephiroth was announced as a character for smash ultimate.
Its stuff like this on a daily basis that I gave up playing a plumber years ago.
Melee is Nintendo's middle child. Always forgotten. When not forgotten Nintendo activity works to make their life more difficult.
Nintendo: *Makes Game*
People: *Still play it 20 years later*
Also Nintendo: *ANGER*
*legit has a game that’s like 10 times better yet nobody cares for some reason*
bruh its nintendo's game so let them do their own decisions
@@atilla9770 it's not the same
I dont understand
@@destroyerofeps2714 wdym there's nothing to compare it with
This is so sad. I'm shocked hat this is happening again. I understand Nintendo's position. They can't sell melee to make money and they don't sell gamecubes so the revenue potential is just not there. I just think it sends a bad message to any fans of nintendo. What if they say hey you can't speedrun our game at an event. This will show developers that they should push back on their fans whenever they disagree even a little bit.
Even if Nintendo chooses not to rerelease melee, something that on its own doesn’t make a lot fo sense as they rerelease other games all the time...it’s also a 20-year-old game. They’ve made a ton of money off it already, if money is their issue just rerelease it then!
Ooh I've never been this early
#freemelee
Nintendo: DID SOMEONE SAY EMULATOR???
COMMENTING FOR THE ALGORITHM #FREEMELEE #FUCKNINTENDO
mkwii players laughing in the backround 😭
Smash community: **has a bunch of predators**
Nintendo: .............
Smash community: **makes their own Melee tournament**
Nintendo: REEEEEEEEEEEEEEEEEEEEEEEEEEE
I think the reason they did this was because of the predators and toxic community.
@@kha0ticdud3 No, they've been trying to do things like this for way longer.
Smash ultimates got the pedos bud
Thank you. #freemelee
the dislikes in every #freemelee video are from nintendo employees
@AsherLamorte rhodes why tho
@AsherLamorte rhodes cant argue with that logic
I disliked. I do own stock at Nintendo tho, but not because of that. But because melee isn't hd.
bad day for melee specially since it happened 2 days before its 19th birthday :(
#FreeMelee
Im amazed that we are able to code in these games
Globaly, you can code in any game
i've heard sour green apples help with the sounds of saliva in voice recordings
or something like that
I love Nintendo - I'm a vetaran Nintendo fan. They make amazing games and innovative consoles. Hearing news about Nintendo acting like a criminal japanese Mafia just hurts my heart. I wonder who's responsible for such behavior... I hope in the future that Karma will hit Nintendo eventually and make them open their eyes. The GigaLeak is already a example of that IIRC.
#freemelee #isuckatmelee
Nintendo is not the villain here. They took no ones game away. I bought 3 different melee disks in my life and Nintendo never came to my house and took it away. But, a group of esport aficionados tried to alter and give Nintendo games away, then offered money as a prize for people to be part of the whole ordeal. #nintendoinnocent
i came from the fanmade marioparty ds anti piracy screen, and assumed this had to be something like someone finding a free melee disc or whatever and realizing it’s a pirated copy
Now look, I don’t really play Nintendo games. I’ve always stuck with the blue blur and his games. I grew up with Sonic Spinball. However, Melee is one of the most celebrated smash games, with a very long history. I have played Melee before, and it is fun. Taking the fun out of something makes it redundant and boring. Nintendo, please reconsider your decision. #FreeMelee
A wonderfully informative video about a beautiful game ❤
If you consider a bare bones, 1 sided, agenda pushing video informative
@@lilsoonerfaninmo Looks like somebody is quite opinionated
@@jaredbowers9503 Rather be 'opinionated' than blind
Well I'm sure if Arc System Works decided to ban your game, you'd have a "blind" opinion about it as well, my friend
@@jaredbowers9503 A. ASW aint like that
And B. If you consider Nintendos retaliation against the Smash scene after what theyve done to their brand a bad thing, I genuinely dont know what to tell you
Plain and simple, if your playing melee. Your not playing their newer version, therefore not spending money. They want you to play their “newer” version because money.
People make this argument a lot, but if it was just about money they would simply rerelease melee like they’ve rereleased a bunch of their other old school titles.
@@Radarssbm I think they want to focus on their newer title “ultimate” and titles to come, basically they don’t care about melee or intend to put any money to even developing a newer version of it.
Good ol' Japanese Imperialism.
Has anyone actually consulted a lawyer about the situation? The organizers say that they were "forced to comply with the order", but cease and desist letters aren't legal orders by any means. They are letters that accuse recipients of violating the law with the threat that they'll file a lawsuit if they don't comply. Cease and desist letters have been routinely abused by large corporations as an intimidation factor, as they're banking on the receiver being too scared to disagree with the company's accusation even though the company knows they have no legal basis and have no plans to take anyone to court.
If these tournament organizers weren't willing to pay $200 or so to consult with a lawyer on the matter, then they deserve blame as well, because the only way to actually have a chance at stopping this nonsense is to have an actual attorney look at the case to evaluate whether or not Nintendo has a valid claim or if they're just talking BS.
I mean, give them some credit that after 15 years of Nintendo screwing them, they’ve actually looked into their rights...
The problem, like in a lot of legal cases, isn’t only whether or not the law is on your side, it’s “do you have the financial resources to fight this and is taking that risk worth it?”
Fighting the cease and desist commits them to a legal battle that will take literal years to finish, and you might invest years into a battle that you ultimately end up losing. In the meantime, you wouldn’t be able to continuing broadcasting stuff anyway.
We already know that Nintendo has the right to refuse broadcast rights, this has been explained repeatedly by lawyers, so Nintendo could still stop the tourney from streaming, even if their Slippi reasoning is proved to be illegal.
Also, for someone criticizing people for not looking into the issue, it’s kinda funny that you didn’t bother to watch the video I linked where an actual lawyer explains the law?
@@Radarssbm
A video to some guy on TH-cam isn't equivalent to legal consultation, as even the guy you cited mentions in his channel's About section:
"DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN OUR VIDEOS SHOULD CONSULT WITH THEIR OWN COUNSEL."
Not only that, but the same guy repeatedly stated in his video that he didn't know if Dolphin or Slippi violated the law, and made the general conclusion that the entire subject is in "a gray area." THAT is why it needs to go to trial, so that a precedent can be set to have future suits that raise the same questions be easily dismissed.
You don't commit yourself to a lawsuit when you ignore a cease and desist, as the company could refrain from filing a lawsuit or the suit could end up being settled before trial. You're assuming that a judge would grant injunctive relief to Nintendo, as the judge may disagree that it needs to issue a court order barring this tournament from taking place pending litigation. No, Nintendo doesn't definitively have the right to shut down broadcasts of their games. Companies like Lexmark have been trying to control what consumers can/can't do with their purchases citing patent rights and the DMCA, and thankfully, the Supreme Court has struck down their patent claims among others (www.supremecourt.gov/opinions/16pdf/15-1189_ebfj.pdf).
Besides, pro se litigation (i.e. self representation) can be an option depending on your circumstances. Regardless, I suggest being more open minded to additional input from others. You make a lot of bold claims that not even your sources agree, as the person in the video you cited even agrees that a lawsuit _actually_ needs to be filed and have a judge make a ruling. Crowdfunding exists for situations like this, so that millions of people who share a common goal can achieve it through donations. Or you know, keep letting Nintendo overstep their boundaries for another 15 years while everyone just pointlessly tweets #FreeMelee pretending to be superheroes on the internet...
@@UndertakerU2ber you’re fundamentally wrong about the broadcasting rights thing, and you’re also ignoring the fact that any lawyer on TH-cam is going to add “this is not legal advice” as they’re basically forced to do that.
You’re right that he was 100% clear on the details, but we have a long and clear precedent that broadcasting rights are entirely in control of the company who created it.
I already outlined why committing to fighting a lawsuit is a huge undertaking and isn’t worth it due to the broadcast rights thing but you’re still acting like you know this shit when you don’t.
The broadcast rights thing has been a long-standing issue across all esports dude, it doesn’t take long to look it up
@@Radarssbm
Yeah, the lawyers are "basically forced to do that" because it is NOT legal advice that has been paid with a consultation fee. Honestly, I think it'd be better to have a lawfirm with a broader view on the subject matter look into it and give legal advice rather than quoting from some Michigan lawyer's TH-cam channel that provides inconclusive, speculated legal information. Legal advice always trumps legal information.
I don't know why you're getting so pissy on the subject matter when this doesn't even involve you personally. You haven't cited a single case regarding this alleged "precedent" that's been set and are acting as a source of authority on the matter. Fair use is a real thing and may be able to be applied in this case if the claims involve copyright, as transformative works are protected. You don't seem to understand that judges have wide discretion in determining whether something constitutes as falling under fair use, because imo, I think one of the difficulties Nintendo has to face is proving that they are suffering a demonstrated real harm when people host a tournament from a game that has been out of print for decades.
But what you do seem to think is that Nintendo has the power to bust down the front door of people's homes to take back the discs of Super Smash Bros. Melee and force consumers to sacrifice their first born child if it's written on one of Nintendo's online websites with an EULA in the title. The truth of the matter is that we need to not only have a lawyer give legal advice on the matter, but have Nintendo's claims challenged in court.
If you don't have a citation of a legal case where a video of players and commentators of a Super Smash Bros. Melee tournament was ruled to be infringement or a breach of contract, then you can't assert that Nintendo has such wide control over consumers' use of the disc they bought in stores. Otherwise, I suggest you go back to worthless slacktivism on Twitter and study up on your own from proper legal sources or read relevant court rulings on the matter:
www.justia.com/intellectual-property/copyright/fair-use/
www.justia.com/intellectual-property/copyright/fair-use/transformative-use/
Sit
Nintendo is bs given flesh.
However, at least I won't be seeing crappy ads occupying half the screen on such epic fights.
I understand, but, everyone is harm by the pandemic and we had and have to make some sacrifices; just report the tournament, you are not going to die from it. Nintendo is not going to make a port and online platform for melee, just because of a temporary situation. There will be other occasions.
Hopefully Super Smash Flash 2 is still up right now
Sadly flash will not be supported after December 2020
You can download it as a desktop thing
@@kdfan35 yeah i downloaded it long time ago but rip those kids who have to use school computers
Hi Radar, love your vid. I do want to comment on the remark that Valve contributed much to the TI prize pool. I believe that the vast majority of the prize money does not come from valve, but from a fraction of the sales of battle pass levels made by dota players. I don't think this detail detracts from the main point though.
Yeah this is true, but isn’t this infrastructure set up by Valve itself? I know with other esports they’ll have fundraising stuff where players can buy in-game items and the money for that goes to the players/prize pool. My understanding was that this is similar but I could be wrong, and either way I probably did t describe it perfectly!
I only had about a day to make this video so I think it’s a little lower quality than some of my usual stuff
@@Radarssbm No worries! You are correct that the system is setup by Valve, and that their monetization strategy helps promote a competitive scene by diverting funds that they could have happily taken themselves but have allocated it to players instead.
This gesture is way more generous than anything that nintendo has done to my knowledge, which is the point I think you're trying to make.
I mainly only commented because Valve's explicit seed contribution to TI prize pool is 1.6million out of the 30 million prize pool.
The quality of the video is great! I was just being particularly nit picky haha.
@@BillyZhaoDota no worries!
Saw someone playing Ult online with #freemelee as their handle, was glad to see it still around a bit. Really never was resolved and that's sad, I ONLY lurk but I know this community has put in so much effort and seems to still be pushing the game. At this point people are literally innovating the game not just in terms of its meta but the advent of Slippi and other (slightly older) widely-used mods.
This "tournament" is just unlegal it's pretty obvious it would be shut down
Legal doesn’t mean correct.
tl;dr: big us bad and bully for no reason, community good, even tho we have no right over a game made by big. there's also an extensive use of the scarecrow fallacy here
Wanna elaborate on which part of the argument I’m straw manning, instead of just claiming that I am lol?
I just have a question: does a Non Streamed, Non Prized tournament could also be targeted?? because that would clear me if nintendo dislikes people making melee a way of life, or just dislikes melee in general. (I still have my copy, but never really play it anymore because of Ultimate, plus I also use emulators from time to time, but Im not an idiot to brag about it online.)
Technically speaking we don’t know what will be targeted. Also, no one is “bragging about using emulators” and it’s incredibly disingenuous to pretend that’s what announcing an online tournament is.
Tournament organizers just want to run the tournaments they always run. It’s not their fault COVID is happening.
That being said, I find it unlikely Slippi itself will be targeted, and VERY unlikely small tournaments/locals will be targeted either.
@@Radarssbm "but Im not an idiot to brag about it online" I was referring to certain type of streamers that do this to gather attention, not necessarily tournaments.
the point is, when dealing with emulators, due to their gray area nature, should be done as lowkey as possible.
@@ayar2 and who exactly do you think is screaming from the rooftops about emulation???
youtuber: *mentions covid in the slightest way possible*
youtube demonitize ppl: wait thats illegal
Why don’t give the money to charity and keep playing melee without being a tournament?
Give what money??
If you stop tournaments, you basically kill the esports scene lol, so it’s pretty obvious why we don’t want that
3:11
A big oops for some reason
Find the impostor
happy birthday melee
Happy birthday Melee, rest in peace. You can't rip because people keep bringing you back to life and stitching you up to be some zombie creature. #letmeleerip
@@nemohic7944 #hellno
Good thing I don't play competitively.
so basically, melee players feel entitled to nintendos money. got it. itlf they ACTUALLY like melee theyll play it to win, not for money not for charity no BS copytight infringement just play. but nope you guys cant come to terms with the fact that you invested your fucking life in one old broken game that doesnt have applicable skills outside of it. its pathetic and i love it. Keep going i love the tears.
We want Nintendo’s money by wanting them to leave us alone?
@@m2kspichu144 melee is there game. people are trying to run tournaments for money with their game. Also they try to sell etikons which nintendo doesnt allow. if someone buys the etikon thats 1 less joy con from a nintendo licenesed seller which means nintendo loses money
@@hhdrathktekken7964 The Melee community weren’t selling the etikons. Also, Nintendo no longer makes money off of Melee, so we aren’t taking any money from them.
@@hhdrathktekken7964 Nintendo could make money off of Melee if they were to rerelease it with online capabilities, but currently they don’t make anything off of it, as it is no longer being produced or sold.
@@m2kspichu144 they don't care if they dont make money. its about others not profiting off their property. Melee is theirs wether it makes money or not. Im not gonna sit here and tell you i know every legal detail but they wouldnt do it if they didnt have to. And then the community childishly goes and peotests and insults them almost to their face (splatoon tourney). Now why would N believe that the players were acting in good faith after that behavior? Also, you dont lnow if they make or can profit off old games still. its like with the recent fan metroid game that was stopped by N. they try to make their own remake but then find out an unauthorized fan game is taking attention and possibly sales away from their remake. Its stuff like that that potentially affects N negatively. They could or coculd not possibly be doing that with melee, probably not. But they must legally protect their properties regardless.
Why does Nintendo not want people to stream/play the game?
Okay, but let's be fair. Thanks to the years of Nintendo pulling this shit, a lot of us _do_ totally hate Nintendo. They can make great games, but they basically are seemingly purposefully cruel regarding everything else they do.
#FreeMelee #FuckNintendo
I guess for me I see it sorta like this:
I hate what Nintendo has done to us, but I love the stuff Nintendo makes. Nintendo makes some of my favourite games ever and (imo) continues to produce great titles like BOTW.
If Nintendo just treated us fairly, I'd love them fully, but they don't and it's super frustrating.
Haha, let me get this straight. So, Nintendo made you love their game so much, then stopped it. Now you hate them for it and you tell other people to hate them too. 😄 🤣 😂 Bro, you're a jilted girlfriend.
@@nemohic7944 First off, loving corporations is fucking weird, not hating them. Second, I've never been the biggest Nintendo fan anyways; SSBM is the only game they've released millennium that I've put significant time into.
@@aidanklobuchar1798 Whats the difference between hating and loving a company. Both strong emotions to staple on a company. And I never said I loved a company, even though I do have great admiration for Nintendo. Also, if you really don't care about nintendo games, I don't know why you have such a fight in this in the first place. Sure you like smash, but come on, radarssbm has you up in arms in something you sound like you really don't care about. I just wonder if your attitude wasn't sway from a one sided video about who is at fault for why things have devolved to this. I'm a fan too, but this was not a video that spread blame evenly.
I am not a Nintendo shill and I think their actions are awful but it's silly to think they're trying to shut down Melee tournaments just to be mean. They're doing it to get people to play Ultimate because if someone watches an Ultimate tournament and gets inspired to go out and buy Ultimate they can make a profit but since they don't print Melee anymore really only the resellers can profit off it. Now why they just don't remake Melee like the community wants could be any number of things but my guess is that they don't think the time and money they'd need to put in for a Switch remake isn't worth it, or that it would be a PR nightmare for them if little Jimmy says he wants Smash Bros for Christmas but his mom buys him the Melee remake instead of Ultimate so they have to deal with Karen shouting at them because her son won't stop crying.
did they have to have a tourny this year? couldnt they wait a year
We have multiple tourneys a year lol, that's how it's sustainable as an esport. If you have no tourneys, you have no earnings, and players can't support themselves. Think it through lol
Bro can’t believe nintendo really shut down a roblox game 😂
Thank you!!! I needed this!! I've heard the hashtags trend. I didnt know why. This IS a worthy cause!!!!! 💕💕💕💕💕💕💕💕💕💕💕💕💕💕💕💕💕💕💕 #freemelee
There are different games you can enjoy like rivals
No other fighting game comes close to smash
comment for the algorithm
free melee
If only SEGA made Melee
nInTeNdO iS bUlLyInG tHe ScEnE
as if melee is so important lmao
edit: nintendo made the game and its nintendo's decision what they'll do with *their* game
#freemelee
Melee is one of the most popular games at one of the biggest tournaments, EVO. Melee is more important than you ever will be lmao
@@kdfan35 This is a message from me to you: th-cam.com/video/41ckNivfT8I/w-d-xo.html
Omg why is this so accurate
@@atilla9770 wait wtf how do you know me irl?
Thank you for this video. #freemeelee
Thank you for this bro
"We're Nintendo's allies, not their enemies." Lol not anymore, fuck them. #BoycottNintendo and #FreeMelee baby
Change your icon for starts. Makes your declaration seem disingenuous. Or are you virtue signalling?
@@nemohic7944 “Liking a company’s games makes you like their business decisions”
HAL Laboratory MADE Melee. Not Nintendo.
It’s not called soccer it’s called football.
You live in a different place in the world. In America we call it soccer
Only in some parts of America is football called soccer such as the US and Canada. In Mexico is called by it’s actual name. And also I live in America, the US to be specific and I still don’t call football soccer.
Never buying another Nintendo product again
Nintendo are disgusting. This shit is legitimately sickening to look at.
Playstation or xbox ?
@@NaughtyboyASMR420 PC
Im in actualy
Why would you put that kind of restriction on yourself? You are the epitome of first world problems.
cool
Copyright: Saying "no" isnt an option
That's pretty weird because not understanding how the law works, seems to be an option for you lol
Thank for video because i need to learn abot this for esay
Sorry for inglish this my second langage
obligatory comment to boost
#freemelee can't just some gamedeveloper like those who makes LoL or something just buy the rights of Melee and get it legal for everybody and finally make coole tournaments?
Nintendo are pretty protective about their IPs, at best they can license it
#freemelee
Cmon Nintendo, this is obvious bullshit. Just let the people play!
#FreeMelee
#freemelee !!!!
Its a 2 decade old game
I dont understand the appeal
A decade ago nobody was drooling over Super Mario Bros
Super Mario Bros has been re-released so many times lol??? People went crazy buying the NES classic and SNES classic. Why do people keep acting like there’s no other examples of popular old-school games? Or that Nintendo hasn’t repeatedly released other popular titles (OoT been remastered, Sm64 on DS and switch...list goes on and on and on)
@@Radarssbm what about duck hunt
@@Radarssbm but also there are other smash games
Yall just live in the past with Melee
There are 3 games after melee but they only care about the second one
@@Radarssbm im saying they love the bug filled game and treat it like a god
The whole reason they hate kirby is because he does little damage and some hits dont work
@@globalwarrior16 all I can say is try giving the community a chance instead of just making blanket statements that aren’t actually true.
You might find the game is pretty cool dude!
Not to be a bad person, but #STOPfreemelee . I'm sick of seeing people spamming FREE MELEE like this game is their life. It's toxic. Please stop. This is a video about Mario rollercoasters, not Smash or game related at all.
Isn't the International mostly crowdfunded?
Yeah, I thought it was more but I was also accounting for them selling in-game items right. Which valve could just choose not to offer, and they’re technically selling their “property” and contributing it to the event.
Doesnt matter to the real masters if the world: Investors and Shareholders. The bosses of ALL bussiness
OH MY GOD ITS FINALLY FUCKING FREE AAAAAAAAAAAAAAAAAA📢📢📢
I think a little bit of cautious optimism is justified here lol
@@Radarssbm nothing pleases me more to finally see that hashtag finally get forgotten and everything's back to normal. The one thing that was annoying is not everyone was interested in it. Also hell during that time people were using Iwata's death as a weapon against Nintendo in s disgusting and disturbing way that disturbed a bunch of innocent people online
@@M64bros wouldn’t say things are back to normal, unless normal is Nintendo constantly screwing the community over? EVO literally just announced no smash at EVO due to Nintendo, and we are still seeing issues with Nintendo’s influence on the scene such as rankings (associated with Panda) not counting or acknowledging online events
@@Radarssbm true. I think they're not doing it because Sony owns evo now.
@@M64bros yup I suspect that’s why as well, but it’s just another example of them interfering in the competitive scene. The “good” news for melee fans is that Melee wasn’t at EVO already so it’s the Ultimate scene who gets affected.
We love Nintendo but Nintendo hates us
#freemelee
Im sorry, did Nintendo take away your legally purchased copy of melee away? If they did, then boo on them.
Nintendo: the best games and the worst decisions
Man i miss Reggie
So I am not trying to be contentious, but I can't understand why people who make a living off of Nintendo products are upset enough with Nintendo to publicly complain. Shouldn't you be greatful for being able to make such a living and accept what decisions they make about their own creation. Seems entitled and whiny to me
So the reason why you feel this way partially has a lot to do with a fundamental understanding of “making a living” off the game.
How much do you think smash players make from tourneys? Was your guess close to the reality, which is that first prize at The Big House 9, one of the biggest tourneys in the scene, was $3636 dollars.
The overwhelming majority of top smash players are not, in fact, making a living off the game. And the ones that are, aren’t doing it from tournament prize money.
So why should we be grateful again??
People like Mang0, Armada, Leffen...these guys make most of their money from content creation. Some of it melee related, some of it not. But imo that’s not making money from Nintendo....it’s making money off your personality, your videos...etc