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Snooze Cruise
Feb 16, 2013

hey look,
a post

Lurdiak posted:

Breaking: I'm hearing rumors someone's sending fake DMCAs in Nintendo's name because they hate Nintendo???

these have to be false rumors because no one hates nintendo... except


oh god no

hitler is back

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Mak0rz
Aug 2, 2008

😎🐗🚬

i bet its stux

Regy Rusty
Apr 26, 2010

I can't beat the Omega Metroid

Erata
May 11, 2009
Lipstick Apathy
The Metroid 2 remake is really good. Any complaints I had are extremely tiny and almost all boil down to "me hate change."
Gonna finish it for sure.

Mak0rz
Aug 2, 2008

😎🐗🚬

Regy Rusty posted:

I can't beat the Omega Metroid

The first battle is tough, but here's what I did: hold aim-up, run at the belly and fire a super missile, then retreat and repeat. It becomes a bit of a damage race but you should be able to do it without too much issue if you have enough smissles and energy tanks.

a.lo
Sep 12, 2009

Lurdiak posted:

Breaking: I'm hearing rumors someone's sending fake DMCAs in Nintendo's name because they hate Nintendo???

arrest that man

Regy Rusty
Apr 26, 2010

Update: I beat the Omega Metroid

Mak0rz posted:

The first battle is tough, but here's what I did: hold aim-up, run at the belly and fire a super missile, then retreat and repeat. It becomes a bit of a damage race but you should be able to do it without too much issue if you have enough smissles and energy tanks.

This is generally what I'd been trying but it didn't work for me.

I ended up playing it absurdly safe and slow and just fired single shots from a distance. In the end I only took a couple tanks worth of damage.

ImpAtom
May 24, 2007

Quest For Glory II posted:

There are people who say "they have to protect their copyright or it'll hurt them in court" but that only applies to trademark and:

1) they have done NOTHING to litigate against the use of the term Metroidvania which is far more damaging to their trademark
2) even if it did apply to copyright, Nintendo has allowed Zelda Classic and its thousands of fan-made campaigns to exist for over a decade without doing anything, and it hasn't affected their ability to create from or defend their Zelda IP

besides, copyright law is outdated and in need of reform, and AM2R keeps people talking about Metroid which is only good for nintendo and their probably bad federation force game

i don't think they can argue damages or misrepresentation here

I still think Mother 4 is in trouble if they don't change their name though

This is not assured to real but if it was you're overlooking one significant thing: AM2R uses Zero Mission assets. It's not the same as a fan creation done entirely from scratch. That could be an issue. (Though, again, 'if it is real.') It's also a remake released for free of a game Nintendo currently sells.

That also said, if it is real, it's coming mysteriously after release when the project has been widely publicized and had an official release date. That's probably not a coincidence.

I'm not even sure what your Metroidvania argument is since Metroidvania is just a term used to describe a genre, not the name of a game or something.

ImpAtom fucked around with this message at 03:15 on Aug 8, 2016

Ventana
Mar 28, 2010

*Yosh intensifies*

Quest For Glory II posted:

There are people who say "they have to protect their copyright or it'll hurt them in court" but that only applies to trademark and:

1) they have done NOTHING to litigate against the use of the term Metroidvania which is far more damaging to their trademark
2) even if it did apply to copyright, Nintendo has allowed Zelda Classic and its thousands of fan-made campaigns to exist for over a decade without doing anything, and it hasn't affected their ability to create from or defend their Zelda IP

besides, copyright law is outdated and in need of reform, and AM2R keeps people talking about Metroid which is only good for nintendo and their probably bad federation force game

i don't think they can argue damages or misrepresentation here


It ultimately isn't going to matter, because (assuming this was true), the copyright laws for things like this at the moment are pretty ambiguous as far as lawyers are concerned, which means it would likely get pricey for someone like the creator to contest if it went to court and they needed to hire a lawyer. And at that point it would most likely cost too high if this person didn't have a great job. Basically what was told to Mane6 when they got C/d'd too, that it wasn't going to be easy for them to contest even if they were in the right.

bloodychill
May 8, 2004

And if the world
should end tonight,
I had a crazy, classic life
Exciting Lemon
If the CAD is real, it's counterproductive. Nintendo has so utterly fumbled the Metroid IP over the last few years I wouldn't be surprised though.

axelblaze
Oct 18, 2006

Congratulations The One Concern!!!

You're addicted to Ivory!!

and...oh my...could you please...
oh my...

Grimey Drawer
It's not like Nintendo hasn't done take down notices like this before so it's not unheard. They're far cooler about it than, say, Square Enix but especially with all the attention this has been getting it's not crazy to think Nintendo would be taking some action.

Mak0rz
Aug 2, 2008

😎🐗🚬

axleblaze posted:

They're far cooler about it than, say, Square Enix

Ah yes I remember Chrono Resurrection :allears:

Discount Viscount
Jul 9, 2010

FIND THE FISH!

Lizard Wizard posted:

what are some good mini-golf games? besides kirby golf of course, i know that one.

Mario Golf 64 has a pretty fun minigolf mode.

WarioWare: Twisted has a weird sideview golf minigame.

The 7th Guest
Dec 17, 2003

ImpAtom posted:

I'm not even sure what your Metroidvania argument is since Metroidvania is just a term used to describe a genre, not the name of a game or something.
a genericized trademark can refer to a class of product and Nintendo has basically failed to protect the Metroid name from being used commercially by other games as part of their brand. like, I don't know what the legal precedent is when it comes to portmanteaus but I doubt it would fly in court if Nintendo were to actually push against it. they just haven't bothered to

Instruction Manuel
May 15, 2007

Yes, it is what it looks like!

Mak0rz posted:

Ah yes I remember Chrono Resurrection :allears:

Oh drat, thanks for the nostalgia rush. It wasn't even going to be the whole game. Lol

bloodychill
May 8, 2004

And if the world
should end tonight,
I had a crazy, classic life
Exciting Lemon

Quest For Glory II posted:

a genericized trademark can refer to a class of product and Nintendo has basically failed to protect the Metroid name from being used commercially by other games as part of their brand. like, I don't know what the legal precedent is when it comes to portmanteaus but I doubt it would fly in court if Nintendo were to actually push against it. they just haven't bothered to
People use games for comparison in marketing a fair bit so I don't think this idea is anything like actually remaking an old game.

The 7th Guest
Dec 17, 2003

I was talking trademark law and calling yourself a Metroidvania, I think that there is a case to be made that just because you smushed a trademark next to another set of syllables doesnt make it legally fine. if Sony was like "we have a new film, it's a Batmanazoid" i think DC/WB would definitely go 'uh hi excuse me? no'

Just putting "our game is inspired by Super Metroid" in the description is not a problem of any kind but that's not what I meant

like I'd say roguelike would totally be a genericized trademark if the original Rogue was trademarked (was it?? idk). bear in mind that actually holding a trademark requires paying yearly as opposed to copyright existing as soon as a work is made without having to send it to the library of congress

e: actually, I probably have DC/Marvel to thank for this argument because they're the ones who have a trademark for "Super Hero" which is nebulous and all-encompassing, a word used as genre, a word used not just for one product, etc.

The 7th Guest fucked around with this message at 04:58 on Aug 8, 2016

Ciaphas
Nov 20, 2005

> BEWARE, COWARD :ovr:


On the other hand, Batmanazoid is now my favorite portmanteau

axelblaze
Oct 18, 2006

Congratulations The One Concern!!!

You're addicted to Ivory!!

and...oh my...could you please...
oh my...

Grimey Drawer
I think having your product name be a description is something you can't really protect against. Like you can say DC would have a problem with your example but I can't think of any cases where that's actually happened while I can easily think of company names that have become descriptors for generic products and there was nothing they could do.

ImpAtom
May 24, 2007

Quest For Glory II posted:

I was talking trademark law and calling yourself a Metroidvania, I think that there is a case to be made that just because you smushed a trademark next to another set of syllables doesnt make it legally fine. if Sony was like "we have a new film, it's a Batmanazoid" i think DC/WB would definitely go 'uh hi excuse me? no'

Just putting "our game is inspired by Super Metroid" in the description is not a problem of any kind but that's not what I meant

like I'd say roguelike would totally be a genericized trademark if the original Rogue was trademarked (was it?? idk). bear in mind that actually holding a trademark requires paying yearly as opposed to copyright existing as soon as a work is made without having to send it to the library of congress

e: actually, I probably have DC/Marvel to thank for this argument because they're the ones who have a trademark for "Super Hero" which is nebulous and all-encompassing, a word used as genre, a word used not just for one product, etc.

Nobody is calling their game Metroidvania. They at best are using it as a description which is a shorthand for "like Castlevania and Metroid." You're the only person in the world going "Well, Nintendo isn't suing for THAT" because it isn't something that means what you think it means.

You really stretching the argument far beyond the breaking point. Nobody is going to sue if someone goes "My game is like Dark Souls meets Metroid" and trying to claim they are insufficiently protecting their IP when they don't is goddamn silly.

Edit: Also the argument of "Well, they need to be MORE restrictive with IPs or else they're inconsistent bullies!!" is a horrible argument.

ImpAtom fucked around with this message at 05:07 on Aug 8, 2016

The 7th Guest
Dec 17, 2003

axleblaze posted:

I think having your product name be a description is something you can't really protect against. Like you can say DC would have a problem with your example but I can't think of any cases where that's actually happened while I can easily think of company names that have become descriptors for generic products and there was nothing they could do.
That's where this gets interesting. Nintendo in the 90s had to fight off their own name becoming a generic trademark. You most likely recall when EVERYTHING was called a Nintendo (or at least your parents might have called everything a Nintendo). Nintendo was able to fight off the erosion of their trademark by pushing the term "game console". So like, the reason that everyone says consoles now, is because Nintendo campaigned to ingrain it. I wish there was more about this online because Wikipedia only cites a couple of articles that mention it offhand, I'd love to know the particulars.

Ometeotl
Feb 13, 2012



It's MISSEL! Or SISSLE!
I confused myself...



Quest For Glory II posted:

I was talking trademark law and calling yourself a Metroidvania, I think that there is a case to be made that just because you smushed a trademark next to another set of syllables doesnt make it legally fine. if Sony was like "we have a new film, it's a Batmanazoid" i think DC/WB would definitely go 'uh hi excuse me? no'

Just putting "our game is inspired by Super Metroid" in the description is not a problem of any kind but that's not what I meant

like I'd say roguelike would totally be a genericized trademark if the original Rogue was trademarked (was it?? idk). bear in mind that actually holding a trademark requires paying yearly as opposed to copyright existing as soon as a work is made without having to send it to the library of congress

e: actually, I probably have DC/Marvel to thank for this argument because they're the ones who have a trademark for "Super Hero" which is nebulous and all-encompassing, a word used as genre, a word used not just for one product, etc.

So your argument is that Nintendo can't stop a remake of a game they are currently selling using assets from another game of theirs, because they haven't squashed a genre name that the internet made popular?

Ciaphas
Nov 20, 2005

> BEWARE, COWARD :ovr:


Quest For Glory II posted:

That's where this gets interesting. Nintendo in the 90s had to fight off their own name becoming a generic trademark. You most likely recall when EVERYTHING was called a Nintendo (or at least your parents might have called everything a Nintendo). Nintendo was able to fight off the erosion of their trademark by pushing the term "game console". So like, the reason that everyone says consoles now, is because Nintendo campaigned to ingrain it. I wish there was more about this online because Wikipedia only cites a couple of articles that mention it offhand, I'd love to know the particulars.

They all still do call them all Nintendos if my parents are any example, eesh

The 7th Guest
Dec 17, 2003

no, if they're using existing assets then that's infringement no matter what. like I want copyright law to be reformed but you still shouldn't just lift art/music assets unless you're transforming them in some way under fair use law. the trademark thing was just a discussion that derailed a bit. i listed it as one example of something nintendo doesnt give a gently caress about

Mercury Crusader
Apr 20, 2005

You know they say that all demons are created equal, but you look at me and you look at Pyro Jack and you can see that statement is not true, hee-ho!

Quest For Glory II posted:

That's where this gets interesting. Nintendo in the 90s had to fight off their own name becoming a generic trademark. You most likely recall when EVERYTHING was called a Nintendo (or at least your parents might have called everything a Nintendo). Nintendo was able to fight off the erosion of their trademark by pushing the term "game console". So like, the reason that everyone says consoles now, is because Nintendo campaigned to ingrain it. I wish there was more about this online because Wikipedia only cites a couple of articles that mention it offhand, I'd love to know the particulars.

ImpAtom
May 24, 2007

Quest For Glory II posted:

no, if they're using existing assets then that's infringement no matter what. like I want copyright law to be reformed but you still shouldn't just lift art/music assets unless you're transforming them in some way under fair use law. the trademark thing was just a discussion that derailed a bit

They are using existing assets. They even talked about it on the AM2R stream that was going on earlier, how they used a lot of existing Zero MIssion assets but created new ones for the endgame.

CJacobs
Apr 17, 2011

Reach for the moon!
If they're using sprites from the games, then okay, it's fair that Nintendo would want that taken down even if it's not being sold for money and even if I don't like it. But if it comes back up and they are using their own art assets and it gets hit again, I'll call bullshit then.

The 7th Guest
Dec 17, 2003

ImpAtom posted:

They are using existing assets. They even talked about it on the AM2R stream that was going on earlier, how they used a lot of existing Zero MIssion assets but created new ones for the endgame.
Man... I can't defend that then. Like, Mother 4 is all new artwork, music, everything. Do it that way. I'm still concerned about that game because calling it Mother 4 is intentional misrepresentation but if they were to change their name I don't think Nintendo could do a dang thing

But -- like I said before. Zelda Classic. On the internet for over a decade. Uses Zelda assets. Calls itself Zelda. Many Zelda games made with it. Nintendo ain't care. I'm hoping the DMCA on Metroid Paradise is a troll and nothing more

ImpAtom
May 24, 2007

I think it's fair to point out that this was a small fan project being done for free. It took them like 10 years to do and that was with a fair bit of advantages. I couldn't imagine them actually creating everything from scratch.

Regardless it doesn't matter because the game is on the internet so the cat is out of the bag. There's no reason for them to remake it because it's already out in the wild and it isn't like they're selling or profiting off it (I hope) so there's no reason to worry about it being taken down.

Lurdiak
Feb 26, 2006

I believe in a universe that doesn't care, and people that do.



You're welcome mario.

CJacobs
Apr 17, 2011

Reach for the moon!

gently caress you Mario, show me your law degree

The 7th Guest
Dec 17, 2003

That Mario looks really weird, I don't want to thank THAT mario

e: btw how many people have been around the internet for soooome time, i mean like, the 90s. the way Nintendo is now is so different from how they used to be then. They used to shut down sites that merely mentioned emulators, like Zophar's Domain, even though they didn't host ROMs. REMEMBER ZOPHAR'S DOMAIN???

Not a Children
Oct 9, 2012

Don't need a holster if you never stop shooting.

I just learned that the voice of Mario, Charles Martinet, also voiced the pervy meathead general in Skies of Arcadia

Kinda blew my mind

a.lo
Sep 12, 2009


Boooo

CJacobs
Apr 17, 2011

Reach for the moon!
I remember Zophar's Domain, it was where I got ZSNES from back when I was still using Netscape

edit: That's right, ZSNES, gently caress you SNES9X your interface is garbage

axelblaze
Oct 18, 2006

Congratulations The One Concern!!!

You're addicted to Ivory!!

and...oh my...could you please...
oh my...

Grimey Drawer
It doesn't matter if they're using original assets or not. Nintendo owns Metroid and they control the right to distribute games in the series. Like you can describe your game as being like Metroid and you can make a game that comes really close to straight ripping off assets (*coughaxiomvergecough*) but you can't straight up make a Metroid game which the makers of Another Metroid 2 remake are clearly doing even if it's not for profit. Nintendo doesn't have to pursue legal action if they don't want but if they did this wouldn't be a tough case for them.

The 7th Guest
Dec 17, 2003

CJacobs posted:

I remember Zophar's Domain, it was where I got ZSNES from back when I was still using Netscape

edit: That's right, ZSNES, gently caress you SNES9X your interface is garbage
I wonder if archive.org still has the old SNES9x website from the mid-90s when they had an animated gif of Final Fantasy 6 to prove that it was a real emulator and not a fake

The days when you had to be sure an SNES emulator wasn't a prank/hoax

CJacobs
Apr 17, 2011

Reach for the moon!
Using original assets is what would keep them safe from a c/d, because then it qualifies as a fangame. They can use the Metroid name all they like as long as they're crystal clear about the fact that it's not a real Metroid game. That's how Mario fan games and fan game websites have continued to exist for decades and how this project got shut down after one day.

Quest For Glory II posted:

I wonder if archive.org still has the old SNES9x website from the mid-90s when they had an animated gif of Final Fantasy 6 to prove that it was a real emulator and not a fake

The days when you had to be sure an SNES emulator wasn't a prank/hoax

I remember back when ZSNES had the bloody hand throwing up the middle finger as its pointer. Gone are those days.

edit: Or am I thinking of a NES emulator I can't remember the name of

CJacobs fucked around with this message at 05:25 on Aug 8, 2016

Mercury Crusader
Apr 20, 2005

You know they say that all demons are created equal, but you look at me and you look at Pyro Jack and you can see that statement is not true, hee-ho!

CJacobs posted:

gently caress you Mario, show me your law degree

He's a plumber, a doctor, a race car driver, a referee, a golfer, a cookie baker, and at various points a carpenter and corrupt zoo owner or whatever happened during Donkey Kong Jr., among other professions. I trust Mario's law expertise.

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Lurdiak
Feb 26, 2006

I believe in a universe that doesn't care, and people that do.


CJacobs posted:

Using original assets is what would keep them safe from a c/d, because then it qualifies as a fangame. They can use the Metroid name all they like as long as they're crystal clear about the fact that it's not a real Metroid game. That's how Mario fan games and fan game websites have continued to exist for decades and how this project got shut down after one day.

That's nonsense. A bunch of those fangames use nothing BUT Nintendo assets. Nintendo is just weird about what they DMCA.

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