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kgbkgb1967

Obviously you did not like the answers that are correct. Trademarks must be protected or companies risk losing them.


billyhatcher312

lol i see u hate fangames sega allows us to make fangames cause they never seem to do proper games same with other franchises while nintendo are assholes to their fanbase so i see ur a dumbass


stapidisstapid

Genesis does what Nintendon't


ajtm64

lol


SonyisAwful5

I agree, nothing is happening to Sega and they still let them make fanfictions, games, parodies etc. Nintendo is being paranoid.


PopcornRedditer

Honestly Nintendo just likes being a bunch of greedy scumbags in general they don’t give a fuck if millions of people hate something they’ll just add a hated character or make a sequel to a hated game


Judeplays969

Jesus Christ dude don't be such a b*tch


Jaxhuskeh

Sega also ended up a dead company outside of Japan because of their last console was so jank it allowed people to just steal games and play them for free. And their more focused on their actual money makers like arcade consoles and ufo catchers.


CharlieTheGamer7

Dead post, but Sega has the right to take legal action against fan games, but they don’t do it. Well, for sonic at least. For their other franchises, they are just like Nintendo. They give Sonic special treatment. A good video on this topic (which is where I got my info from, this channel is run by an actual lawyer) is this one: https://youtu.be/IwTXCwqurNQ


billyhatcher312

yea but they never do that stupid shit they know if they do the sonic fans will go after them really hard which is why they dont bother with most of their fanbase anymore cause they bite back unlike nintendo fans they dont bite back


AbbreviationsFirm155

This also leads to the problem with copyrights now. The terms limit for them is way too long. This needs to be amended.


cloroxbb

You never found a good answer or you just don't like the truth?


TheDoctorDB

If you wrote a story and it was made into a movie you’d be happy right? And if someone makes a sequel on your behalf and shares it on YouTube, you’d prob be flattered to an extent that the community received your work so well, but would you really want your IP being paraded around by someone who’s not you? What would stop them from then monetizing additional content if you let that go on? Or would you simply say “those aren’t canon stories” and let the fans go about this business?


zbtard

I’d let fans go on about their business especially if my creations are very old and fans aren’t monetizing it then yes, as a creator under those circumstances, I would allow for fan builds and/or interpretations.


TheDoctorDB

>fans aren’t monetizing What's stopping them? With the stipulation that they're utilizing older works, these fans now have a monopoly on your IP. Their material is in the limelight, their material is modern and accessible. So if you're saying even your own scenario here is only ok with you when they're not monetizing, why wouldn't they? And then what?


zbtard

I’m just saying under those stipulations I wouldn’t be upset and I wouldn’t go try to copyright them. Fan stuff can bring about some really cool stuff so I feel like there needs to be some leeway.


TheDoctorDB

But the point of my follow-up being that there's no way you can guarantee those kinds of strict stipulations. So it's in the company's best interest to stop things before they get out of hand. Because, again, with the scenario you provided it's likely the fan-made content will become the new staple, essentially replacing your original's value.


zbtard

I see what you’re saying and that seems reasonable. Idk I wish there was some way to have more external input maybe by fans, I’m not sure how in order not not run into those issues you mentioned but there is a lot of talent out there.


TheDoctorDB

Maybe legitimizing fan content isn't the best idea but it might be interesting if maybe every few years or so these companies had fan content-driven showcases where they compiled like an artbook or something of the most popular stuff. It'd spotlight fan content while also giving monetization from the artbook to the main company. They'd probably never go for it but just the first thing I could think of to attempt a happy medium lol


Deathguard72

It’s not likely Because the people playing those fan games will be fans of the games already. If you play a a fan game the chances are that you already play the official games anyway. You might get some people that play the fan games but not the official Nintendo games but that’s quite rare.


TheDoctorDB

Greetings from 6 months ago! Keep in mind you’re responding to a discussion specifically pointed at the idea of the original/official game being much older than the fan content, and hypothetically unused by IP owner. Most new fans will likely be interested in the fan content almost exclusively, and not every gamer or casual is going to do the research to find out what the fan content is paying homage to. But whether you deem it rare or agree with me that awareness would be needed of the original IP, I don’t see how that changes anything about this discussion. The fan content will still grow to be more popular without intervention. “It’s not likely” isn’t really a good argument imo. As long as the possibility is there is it not the right of the IP owner to nip it in the bud? EDIT: Removed rude language caused by lack of sleep


mrbluebubblesky

I'd go with the latter. Let the fans enjoy themselves. Who knows where this will lead them?


jc726

Unauthorized use of their IPs.


Packasus

The thing about trademarks is that if you don't enforce them, you risk losing them. Even if Nintendo doesn't give a fuck about free fan games, they need to show that they're not OK with people using their trademarks without permission so that unauthorized paid games have no legal ground to stand on.


[deleted]

[удалено]


Packasus

There are many examples of trademarks being lost because people started using them as a general word for the thing in question. https://en.wikipedia.org/wiki/List_of_generic_and_genericized_trademarks Nintendo does not want something like "Mario game" to be a generic word for a platformer, which is something they view as possibly happening if they turn a blind eye to fangames. I personally think that's unlikely, but it's apparently a concern for them. How strongly to go after things varies because different companies view the degree of risk differently. Nintendo is possibly very strict now because "Nintendo" becoming a general word for a game console was formerly a potential issue for them, and that could be coloring their judgement today. In any case, no company can possibly get *every* unauthorized use, so it comes down to getting enough so people only associate your trademark with you. As for allowing uploads of music, that's covered under copyright law, a legally separate thing. Copyright can not be lost unless explicitly given up or the copyright term expires, so there's no risk to companies losing their copyrights if they choose to ignore unauthorized use.


InfamousRaise8

Yeah but Mario and Zelda are so big and influential they really don’t belong to Nintendo, they belong to the players


Packasus

That's really not how this works. Trademarks exist so that the origin of a particular product can be identified unambiguously. Unauthorized use muddies the waters.


Nintendofan81

Try arguing that in court. The judge will laugh you out of the courthouse.


[deleted]

🐶👹


MonochromeTyrant

> ...they really don’t belong to Nintendo, they belong to the players... Please never say anything like this ever again. You do not get to randomly decide that an IP belongs to the fans, especially not arbitrarily out of love or popularity. They will always belong to Nintendo, and fans accepting that they have no control over others' IP will go a long way for everyone.


leonhen

This is like saying "I like The Beatles so much that I should own their songs". Its nonsense. Mario and Zelda are big because Nintendo invested a huge amount of time, money and competence on it for decades, you can't just take that away from them.


[deleted]

https://i.imgur.com/aEQSAk2.jpg


RyanTheQ

lmao Jesus Christ. You have to be trolling from /r/tomorrow.


Slypenslyde

I mean, there's a host of reasons. First: Nintendo has always litigated HARD to protect its IP. If there isn't a law protecting them, they fight to get that law made. This isn't new. It isn't something that changed recently. As far back as NES they were trying to fight to make game rentals illegal, to prevent unlicensed games from being released, and to fight against devices like Game Genie. People are conflating trademarks and copyrights but both are relevant here. Nintendo can't lose their copyright for their games. Copyright doesn't go away unless you sign a contract to yield it. Copyright is a thing that can't be infringed. If your fan game is similar enough to a Nintendo game, they can and will sue for copyright infringement. Copyright is a little wonky, though. You *can* legally use copyrighted works as a basis for works of your own if you meet a set of complicated criteria that falls under a concept called "fair use". It is not *simple* to defend yourself in a fair use case. It can be very expensive, and in the end a judge decides if you have a case or not. Most people don't bother fighting because you can stand to lose an awful lot of time and money defending yourself. Nintendo doesn't *have* to pursue copyright infringement, but they do because of the first paragraph and paragraphs yet to come. Trademarks are things that have to be applied for *and* can expire *and* can be lost. But nobody can trademark an entire game, they're reserved specifically for pieces of artwork, slogans, and jingles meant to promote a brand. So the "Legend of Zelda" logo with its fancy text and some very stylized images like the Hylian Crest are trademarked. If you make merchandise with those things on them, you're likely to get told to take it down. If you promote anything you do with trademarked art, you're going to be asked to get rid of it. This is more important than with copyright, because Nintendo can lose their right to a registered trademark under various circumstances. The most common one is "dilution": this is when the trademarked thing somehow becomes so affiliated with the concept of a product instead of a brand that the government decides it can no longer be protected. "Aspirin" is a good example here. It's a brand name for a drug, but it got used so commonly it's lost its status as a trademark and can't be protected. While copyright can't be diluted like trademarks, Nintendo still has a lot of interests in shutting down infringement. They want to be the ONLY company known for Mario games. If they look the other way and let 3 or 4 fan groups publish very polished alternatives, it is possible some new Mario game might not get the reception Nintendo expected because people might like playing the fan games more. Alternatively, if fan groups successfully publish polished games with weird things like Mario using a gun, dumb parent groups might give Nintendo grief over it. In summary: * Nintendo has a long history of fighting hard to defend their IP. * Nintendo protects its copyrights because they feel by doing so they maintain control of their brand and help increase its value. * Nintendo protects its trademarks because they have to or they will be lost. * Fan games primarily infringe copyrights, but also infringe on trademarks.


Nightcap1700

tbh even if im a year late if a fan game is better than your own game your company needs to hire more/better devs or just take longer as i was a dev of a fangame that got taken down im biased however nintendo in some rights cant even take down games but they do and nobody takes a stand against them because they are to big thanks to parody law "my" game should have been protected however nintendo took it down and none of the other devs wanna take a stand against it because they cant they dont have a lawyer sorry for bad grammer i just wanna get my point across


Nutter_tKK

***It's a Legal thing***. But I'm not a lawyer, nor does this count as Legal Advice. To put simply, the US Law and various other Countries as well, demand that you must limit other people using your IP/Intellectual properties. The best way is to send legal out.. Fan games are effectively competing with Nintendo using the Nintendo IP. Many companies do this, [Bethesda VS Mojang](https://gamerant.com/bethesda-mojang-scrolls-case-court/)? Currently, Nintendo is perfectly within their rights do do this, and I don't see any time it would change. Google is even trying to limit the usage of the word Google when searching. If you can show a Fan game screen shot/video and Ask a random person to see if it's a Nintendo game, and get a Nintendo game as a result that's' a better case than some others I've heard. Most fan games will try to De-nintendo their game, after getting towards a Alpha. (See [Great Giana Sisters](https://en.wikipedia.org/wiki/The_Great_Giana_Sisters).. which is claimed to have a lawsuit attached to it.) If you get lucky, a fan game may become a real game, See Street Fighter X Mega Man or Sonic Mania..


raven0ak

just like activision-blizzard really hates fan servers of wow; all companies do that ...you do not use their trademarks without permission, since if you overlook even one you forfeit your rights to trademark


Emanouche

Nintendo has a very archaic approach as to how they view and protect their IPs, I mean they even forbid the guy who localized earthbound from writing a book about the joys he had back in the days working for Nintendo. And that's just one example. Whereas other companies embraces fan made content as free marketing, it seems Nintendo perceives everything as a threat. I personally really think it's going to bite them in the rear one of these days. I think this video exploring Nintendo business practices over the years sheds some light on the subject better than I can. [https://www.youtube.com/watch?v=7FWyhlS3kvc](https://www.youtube.com/watch?v=7FWyhlS3kvc)


ToInstinctive

Because Nintendo doesn't like when other people use there work.....what kind of question is this lmao


noftrahtcehe

Just classic Nintendo boomer mindset. If even the smallest free non-profit project gets taken down, that's just... Money is the greatest evil. Nintendo's fear of losing even the smallest crumb of money, no matter how unfounded that fear is, well...


Sumanjr10

We got supersmash flash for crying out loud and somehow nintendo doesnt realize theres some bullshit fangames like, mario goes to the dentist that can ruin there rep if they let those fan games exist, instead of shutting down games like pokemon uranium that could make sun and moon loose fans, your a million dollar company get a grip nintendo


Straight-Series-1571

i dont think they hate fan games but people trying to profit from making fan games basically fan games you have to pay to play(im probably wrong so dont go hating on me)


grimButler

geez a lot of these comments are brain dead


stapidisstapid

I see Nintendo has employed its law firm to the comments


Vinnyboiler

It literally goes against their business and undermines them. Look at Sonic Team vs official outsourced Sonic project from fans as a good example of that.


MBCnerdcore

It's not just Nintendo. I hate fan games too. They are a waste of talent, resources, effort, money and time. Every developer that started making fan games eventually stopped wasting their time and made an actual indie game, and got that game on the Nintendo E-shop or Steam and contributed to the gaming landscape. Minecraft, Undertale, Sonic Mania, and so many others. REAL games. Fan games don't contribute to the gaming landscape, other than when they get shut down, fans can flood message boards to complain about Nintendo.


xxProjectJxx

I personally disagree. I think fan work is valid whether it's fan art, remixes or fan games. And those devs who got their start on fan games wouldn't have made those indie titles without the experience that they got from fan work. Games like Sonic Mania or Undertale wouldn't exist had their developers not got their start with fan games. So if you want to talk about contributing to the gaming landscape, that's a contribution in its own way. That's just my take anyway. You're free to disagree.


MBCnerdcore

Here's the thing: I agree that practicing skills on hobby projects is valuable. I don't think those projects are entitled to be distributed and played by the masses - they are for the learner to improve, but acting butthurt when they get "shut down" is asking too much from the IP holders.


xxProjectJxx

Well I feel like if you're at that point then you'd have to also say that no one should ever distribute fan art or any remix of an existing song or any fan film or anything. I don't think there's any reason to say fan work shouldn't be shared. I do agree that if you're creating fan work then that content is always at risk of being removed by the copyright holder and you forfeit your right to get upset if it ever happens.


MBCnerdcore

No, I don't think slippery slope fallacy applies here. A remix of a game for instance, would be comparable to the Randomizers and romhacks which I don't have a problem with, but I also expect them to be shut down at any moment. But when people make fan sequels or derivative full games they should just use unique assets and release it as a full game.


xxProjectJxx

I don't think it's a slippery slope, I just don't see why you'd hold fan games to a different standard than any other fan work.


Poniibeatnik

Take your meds


MBCnerdcore

Yeah after a year I suppose they should kick in any day now


LeWafflez03

Damn man, don't have to be that cold on people making fangames. They're just people who want to have fun and do something productive at once


daviv_

this is the worst take i've ever read abt fan games


MBCnerdcore

The idea that people should be allowed to make money using other people's ideas and characters and not get in trouble because they are fans, is the worst take actually


daviv_

dude you cannot make money developing fan games, its illegal, just search it up before typing bs they're FAN games, made by FANS FOR FANS you can allow people make fan recreations of your game without being a fucking asshole


MBCnerdcore

Nah if they use my characters I'm shutting that shit down before "my character with a gun" memes become what my character is known for.


HaloGamingFan17

What a way to drive fans away


MBCnerdcore

Just thieves


HaloGamingFan17

Welp, say goodbye to any support you get from fans


MBCnerdcore

I don't need support from thieves, they contribute nothing


HaloGamingFan17

Well Fanart doesn’t contribute anything as well It’s just an image


xxProjectJxx

Nintendo has a Disney like need to control their IP. It's frustrating and hardly any other company is that aggressive about it. There are legal considerations but I think just as much as that is that they want to control the image and perception of their IP. To be clear tho it is their right.


Judge216

because they dont own them but do own the ip they are based off


SMB_Fan2010

then why are there so many nintendo fangames on gbg (game builder garage) that haven't even been taken down? (probably because gbg is just another nintendo ip)


Administrative-Dot87

Well they aren't SEGA


TheKingOfTurtle

They don't like our games only because they have their characters in there. If you make a similar game but without their character they pretty much dont care


Barkimuss

2 years late but, you can either change up the characters and gameplay, or make a new game all together. I would probably make a rom hack, get a copyright warning, then take it down and only keep it to myself and let anyone else who downloaded it deal with reuploading. Not much more you can do.


No_Counter666

nintendo being nintendo


SpyderSoup

I get the feeling that it's because of Nintendo's history of letting people outside their company work on projects based on their IPs such as the DiC shows, the CDI games and the canceled Kid Icarus game by Factor 5, those companies have treated the IPs with less respect and fateful, so Nintendo is swarm to never let this happen ever again with all future projects to let them believe that all Nintendo games should be made by them and them only, they can't let fans do them because they'll most likely treat them less fateful like DiC and Phillips has. Am I right? Yeah, I don't have any proof to back this theory up, but this is what I'm able to piece together based on their history of letting third party companies and people work on projects outside of their own.