Grrr Nintendo.

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MrSiggler
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Grrr Nintendo.

Post by MrSiggler » Thu Aug 19, 2004 3:52 pm

bizzle
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Post by bizzle » Thu Aug 19, 2004 3:52 pm

Well atleast its not Mario?
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SeGaFrEaK NL
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Post by SeGaFrEaK NL » Thu Aug 19, 2004 4:28 pm

Typical Nintendo style.. :roll:
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Post by I.M. Weasel » Thu Aug 19, 2004 4:34 pm

yeah,nothing like spiteing (spelling?) your biggest fans. like if micheal jackson sent a picture of his middle finger to his main 'fan' club.
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not just souLLy now
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Post by not just souLLy now » Thu Aug 19, 2004 4:44 pm

id started a game in shockwave using zelda sprites... glad i didnt finish it now, that really sucks. a lot of work went into those projects.
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|darc|
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Post by |darc| » Thu Aug 19, 2004 4:44 pm

damn them for protecting their ip!!!1

if I had a games company i'd give ALL MY GAMES AWAY 4 FREE!!1 then i would be teh best company ever!!
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Post by Strapping Scherzo » Thu Aug 19, 2004 4:46 pm

What's next? Targeting fan fiction?
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Post by Roofus » Thu Aug 19, 2004 4:51 pm

Isn't it 'fair use' if you don't sell it?
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Post by |darc| » Thu Aug 19, 2004 4:53 pm

Roofus wrote:Isn't it 'fair use' if you don't sell it?

I don't think so. It might only be fair use if you don't distribute it.
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Post by az_bont » Thu Aug 19, 2004 5:19 pm

1976 Copyright Act at 17 USC ? 107 wrote:Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include--

(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
(2) the nature of the copyrighted work;
(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
(4) the effect of the use upon the potential market for or value of the copyrighted work.

The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.
http://en.wikipedia.org/wiki/Fair_use

Factor number 4 is probably the most significant in these particular cases. It makes a lot more sense in plain English:
Fair Use and Copyright for Teachers wrote:If there will be no reduction in sales because of copying or distribution, the fair use exemption is likely to apply. This is the most important of the four tests for fair use
http://home.earthlink.net/~cnew/research.htm
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Post by butters » Thu Aug 19, 2004 5:23 pm

Nintendo has publicly stated in the past that they do not like these clone projects using their trademarked character names and sprites, and they finally did something about it. Not like it's hard for the authors of these projects to change some names and make cosmetic sprite changes and continue the project.
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Post by greay » Thu Aug 19, 2004 5:53 pm

|darc| wrote:if I had a games company i'd give ALL MY GAMES AWAY 4 FREE!!1 then i would be teh best company ever!!
What does that have to do with the issue at hand? Free fan games != Nintendo giving away all their games for free

This is the same thing as fan fiction. If we believe that games should be treated the same as other forms of art/entertainment, then the same rules should apply.

http://www.chillingeffects.org/fanfic/
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Post by bizzle » Thu Aug 19, 2004 6:03 pm

Even if it was part of fair use wouldn't that not really matter anymore with the DMCA?
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Post by az_bont » Thu Aug 19, 2004 6:11 pm

The DMCA is only really to do with copy protection measures and anti-circumvension. It even specifically mentions that it does not infringe on fair use rights:
The DMCA wrote:Savings clauses

Section 1201 contains two general savings clauses. First, section 1201(c)(1) states that nothing in section 1201 affects rights, remedies, limitations or defenses to copyright infringement, including fair use.
http://www.copyright.gov/legislation/dmca.pdf
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Post by Vchat20 » Thu Aug 19, 2004 9:10 pm

not suprised. this has happened many times over the past few years with the already tried attempts at a massively multiplayer pokemon game. ive been part of every single one and it gets annoying when the games get so close to completion and nintendo comes in and wrecks it.
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Post by perry » Thu Aug 19, 2004 9:29 pm

I tihnk it's pretty pathetic. I see no way they're loosing money from them.
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Post by Nico0020 » Thu Aug 19, 2004 9:30 pm

Me: Man nintendo.....what happened....you used to be cool.
Nintendo Rep: No see, Nintendo still cool. Here, new remake/port for GBA and GC!

:roll:
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Post by |darc| » Thu Aug 19, 2004 9:46 pm

if i were nintindu id put teh roms on teh front page
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Post by bizzle » Thu Aug 19, 2004 9:49 pm

|darc| wrote:if i were nintindu id put teh roms on teh front page
B4NZ)RZ!!1!!1!1/1/1/11!1

Come on |darc|, don't ruin this thread.
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Post by Vchat20 » Thu Aug 19, 2004 9:53 pm

perry wrote:I tihnk it's pretty pathetic. I see no way they're loosing money from them.
i agree. in some ways they may have lost money, but every attempt at making a massively multiplayer pokemon game we saw people buying brand new pokemon games just to prepare and plan strategies. now dont tell me they didnt make money off of our game? :roll:
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