Takedown requests for 500 titles part of a new crackdown on IP inringement.
Kyle Orland
Online game distributor Game Jolt
has removed over 500 fan games from its public pages after it says it
received a DMCA request from Nintendo, highlighting a more-focused
crackdown on such games from the 3DS and Wii U maker.
The DMCA request, which has been republished by Game Jolt
in the name of transparency, focuses on fan games that use the
characters, names, and locations of the Mario, Zelda, and Pokemon
franchises. The list of affected games ranges from standard copyright
and trademark infringement like Mario Minecraft and Pokemon: PewdiePie Edition to more explicitly brand-damaging titles like Mario on Drugs and Pokemon: Death Version.
Game Jolt says affected titles will still be
accessible by the creators in a "locked" mode, to ensure no one loses
access to their own data. A Nintendo representative was not immediately
available to respond to a request for comment from Ars.
But the wide-ranging Game Jolt DMCA notice
follows a couple of other takedowns for especially high-profile and
anticipated Nintendo-based fan games in recent weeks. They also come on
top of a hardline stance from Nintendo on other uses of its games
online, from strict limits on monetization of its games on YouTube to exerted authority over use of its titles in public tournaments.
Last month, Nintendo took action to shut down Pokemon Uranium,
a fan game that had just been released after nine years of community
effort. "After receiving more than 1,500,000 downloads of our game, we
have been notified of multiple takedown notices from lawyers
representing Nintendo of America," the creators said in a statement. "While we have not personally been contacted, it’s clear what their wishes are, and we respect those wishes deeply."
Despite that request, AM2R's
creator, who goes by DoctorM64 online, said he was committed to
continuing to update the game for people who did manage to download a
copy. In fact, he had already made one such update available through his website. But today, after a further DMCA request sent to his personal e-mail, DoctorM64 announced that "there will be no more AM2R updates and no more releases under any platform."
Speaking to Ars Technica, DoctorM64 said that
while he "knew that any form of legal action was a possibility" during
his years working on the game, he was still surprised when his hosts got
hit with DMCA requests so soon after the long-awaited initial release.
"The game became very popular in 2008, and I expected a similar amount
of attention upon release. I also expected the same amount of legal
issues as in 2008: none."
DoctorM64 told Ars he's considering using the knowledge gained from AM2R
to work on a completely new, non-infringing project. And despite the
headaches from Nintendo, DoctorM64 said he harbors no ill will toward a
company that he says is just protecting its work. "Please, don't hate
Nintendo for all of this," he wrote in a blog post. "It's their legal obligation to protect their IP."
"Nintendo is a company with a very orthodox
view on IP management," DoctorM64 told Ars. "I like to think that some
day, Nintendo might realize how fans and YouTubers can be beneficial for
their brands."
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