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Deleted member 10737

User requested account closure
Banned
Oct 27, 2017
49,774
So, let me understand something here. If someone creates an original character with the same move-set and animation as Mario from SM64, but places them in original worlds, is it legal?

Can Nintendo come after that creation?
i don't think they can or will. it's more the likeness of their characters that they're [overly] protective of.
 

Ikaruga

Member
Oct 27, 2017
1,055
Austria
i don't think they can or will. it's more the likeness of their characters that they're [overly] protective of.
Of course they are, it's their intellectual property and weather the creators of said fan games featuring their IPs are doing this with ill intend or not doesn't matter. They will shut down and enforce the shut down of everything that is infringing their copyrights they did so in the past several times already.
 

Deleted member 3294

User requested account closure
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Oct 25, 2017
1,973
No it isn't just fanart, it's damaging Nintendos reputation if people see the stuff and think it was created by them, which it wasn't. I am wondering why this didn't happen sooner actually.
Nobody thinks this was made by Nintendo. And even then, you're saying people should feel sorry for a corporation lol.
 

Afrikan

Member
Oct 28, 2017
17,088
So is Nintendo going to go after UE4 Mario creations?

It doesn't seem that bad creating Mario looking thing in Dreams, UE4 etc. You get to use a Mario looking character to run around in a different types of environments.

What they should do is take down Youtube Dream videos with Mario's name listed in the title.
 
Last edited:

Ikaruga

Member
Oct 27, 2017
1,055
Austria
Nobody thinks this was made by Nintendo. And even then, you're saying people should feel sorry for a corporation lol.
Nope, I didn't say that.

Nobody has to feel sorry for a corporation, also nobody without a video games background might think this was made by Nintendo, don't think too highly of the general population though.

So is Nintendo going to go after UE4 Mario creations?

It doesn't seem that bad. You get to use a Mario looking character to run around in a different type of environment.

What they should do is take down Youtube Dream videos with Mario's name listed in the title.
They're quite niche compared to Dreams which got a lot of media attention and aren't "sold" by Sony on a competing system, that might be an issue as well ;)
 

Deleted member 10737

User requested account closure
Banned
Oct 27, 2017
49,774
Of course they are, it's their intellectual property and weather the creators of said fan games featuring their IPs are doing this with ill intend or not doesn't matter. They will shut down and enforce the shut down of everything that is infringing their copyrights they did so in the past several times already.
you think they will go after a game with an original character in an original world just because the character might be copying mario's moveset? at this point mario's moveset is widely used in so many platforms that are officially sold on multiple platforms (including nintendo's), i don't think i've ever heard nintendo going after a game or a fan-game for copying the gameplay or moveset of one of their games or characters.
anytime i hear about them shutting down something or sending a C&D it's because one of their characters was being used in that project or something like a straight up remake or port.
 

Orioto

Member
Oct 26, 2017
4,716
Paris
I can tell you that Nintendo has started being agressive with its copyright, way more than before and i know what i'm talking about :p
 

Ikaruga

Member
Oct 27, 2017
1,055
Austria
you think they will go after a game with an original character in an original world just because the character might be copying mario's moveset?
Are they? They are going against iconic looking characters that resemble their own, from what I've seen in the first post here. I don't think movesets have anything to do with this, it's just the visuals.
 

Deleted member 3294

User requested account closure
Banned
Oct 25, 2017
1,973
Nope, I didn't say that.

Nobody has to feel sorry for a corporation, also nobody without a video games background might think this wasn't made by Nintendo, don't think too highly of the general population though.
Literally the whole thing with Dreams is that it's a platform where anyone can put up their creations. Pretty sure people playing Dreams stuff are aware that the fanart on it isn't made by the corporations that own the franchises.

Unless you're seriously saying people think that the creations featuring Shrek, Rick & Morty, Wallace & Gromit, and Peter Griffin are collaborations between Dreamworks, Adult Swim, Aardman, and Fox.

I mean, maybe there's some kids who'll think that the original creators had some sort of involvement but not nearly to the point where people generally think these are official creations.

And regardless, I don't really think it matters.
 

giapel

Member
Oct 28, 2017
4,635
Zzz, what a snoozefest. Again and again, whenever there's a user creation tool, people's first instinct is to recreate existing stuff. Just be creative and do something original!!!
 

Deleted member 3294

User requested account closure
Banned
Oct 25, 2017
1,973
Zzz, what a snoozefest. Again and again, whenever there's a user creation tool, people's first instinct is to recreate existing stuff. Just be creative and do something original!!!
You're right, the only people who should be making Mario stuff are people who originally created it. This is why every Mario game after the first one is heresy, as each one of them had people working on it who didn't create the original game and character. And with each game less of the original team got involved, so progressively each was made by more and more creatively bankrupt hacks.
 

finally

Member
Jul 22, 2019
1,293
Can the creator just name it Vario, make him wear a golden hat instead of red one and re-upload it?
 

Afrikan

Member
Oct 28, 2017
17,088
They're quite niche compared to Dreams which got a lot of media attention and aren't "sold" by Sony on a competing system, that might be an issue as well ;)

Well hopefully this backfires then...just like the Nintendo PlayStation.

Hopefully thousands of orginal creations going forward will spark a character that's perfect to be a new mascot for a system... and it will make everyone forget about Niiiinteeendooo's precious Mario.


Jk obviously. Love you Mario, you're forever in my heart. 🙂
 

Deleted member 51691

User requested account closure
Banned
Jan 6, 2019
17,834
Honestly, using any IP you don't own to create a fangame you always run the risk of this happening, but it still sucks that Nintendo is so opposed to fangames with its IP.
 

Kareha

Banned
Jun 15, 2018
1,460
United Kingdom
Why can't creators just create a new character of their own rather than ripping off a well established one. Of course Nintendo will come after them, its their IP. It's also nonsense to say its anti-consumer.
 

JuanLatino

Cerny’s little helper
Member
Oct 25, 2017
3,378
Why can't creators just create a new character of their own rather than ripping off a well established one. Of course Nintendo will come after them, its their IP. It's also nonsense to say its anti-consumer.

it's not like they are making money out of it. it's just for fun, probably by people who love Mario, simple as that.
 
Mar 10, 2018
8,764
so if/when other devs/publishers start enforcing their copyrights this will be ok then?
You're changing the topic. I'm explaining to you why the people in this thread are upset at Nintendo. If everyone was doing what Nintendo is doing, then the people in this thread wouldn't be upset at Nintendo, and there would be no need for me to explain to you why the people in this thread are upset. It's not about whether or not the practice itself is okay; it's about why only one single publisher seems to be doing it.
 
Oct 27, 2017
4,708
Sad but Nintendo has alays been like this. Doesn't mean that other stuff will have the same fate. Pretty sure Sega will never complain about the Sonic games for example
 

TeHi & BuSp

Banned
Sep 28, 2018
985
Still I am amazed at the people who think that it is not Nintendo's right to block everything related to her
 

Rotobit

Editor at Nintendo Wire
Verified
Oct 27, 2017
10,196
it is a bit silly but I think it might encourage creativity in a way that's more beneficial for the consumer and the creators

Like, imagine some teen makes a really good 3D platformer with their own creations, then later in life they adapt that into their own game. They might not get that creative spark if they just recreated Bob-Omb Battlefield for the 20th time.
 

Kareha

Banned
Jun 15, 2018
1,460
United Kingdom
it's not like they are making money out of it. it's just for fun, probably by people who love Mario, simple as that.

They will have known Nintendo is fiercely protective of their IP so why do it in the first place. Every time someone has made a fan project with Nintendo IP involved, people know what will happen as it inevitably ends up in the media. Just because it's for fun doesn't mean Nintendo shouldn't protect their IP, they would be a shitty business if they didn't.