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Nintendo Has Taken Down The Fan-Made Mario 64 HD Game

You probably remember that last week we featured a project that was developed by Roystan Ross. The game was an HD remake of the much-loved Super Mario 64 which was developed in Unity and playable within a web browser. Sadly the project, which was built by Ross to show what he can do with the development engine, has been taken down by Nintendo. CDN service Cloud flare was told to disable access to the site by lawyers representing Nintendo of America.

“The copyrighted work at issue is Nintendo’s Super Mario 64 video game (U.S. Copyright Reg. No. PA0000788138), including but not limited to the audiovisual work, computer program, music, and fictional character depictions,” the company told Cloudflare.

“The web site at http://mario64-erik.u85.net/Web.html displays, and allows users to play, an electronic game that makes unauthorized use of copyright-protected features of Nintendo’s Super Mario 64 video game. Nintendo requests that CloudFlare, Inc. immediately disable public access to http://mario64-erik.u85.net/Web.html.”

Thanks, Nintendo Impact Gaming and Navi

159 thoughts on “Nintendo Has Taken Down The Fan-Made Mario 64 HD Game”

    1. Wow and to see all these fanboys just defending Nintendo. Truly remarkable. They’d rather see Nintendo burn the world to rule the ashes than to admit they are wrong and that they did something against their fans for no good reason than to make a tiny bit more money. Oh and then the people who defend everything by saying “they need to make some money, they are a company” This was a fucking fan projects you imbecilic morons. Someone loved this game and put a lot of effort into making a fan project so that people could play a game that they like with, but with better graphics. One game. Do you think Nintendo would not sell any other digital copy of Mario 64 because of this? Is this their only source of income? I’m fucking wondering how they still survive with pretty much all of their games being free on emulators and so many mods for those games.

      1. They didn’t even address him nicely.
        It could have been
        “We seen your extremely tedious work on a supporting website and thought it was well developed. Unfortunately, this work infringes copyrights…… [etc] [blah] [blah]….”

        And maybe even offer him some sort of alternative or advantage. But no, they just completely erased his work and maybe crushed his dreams without even acknowledging the hard work. I get that Nin has the right to take it down but why in such a crappy manner?

        1. How about he asks nicely next time before he uses someone elses IP? Should be common courtesy don’t you think?
          There’s certainly no point in complaining about getting shut down if you didn’t even bother to ask the owner of the rights whether it’s actually okay to do that beforhand.

          Some people really seem to live in their own reality.

          1. See thing with IP licensing is that they may charge him around $20,000 and send him througj a 5 month long process, only to ether take his name off it or say no altogetger. They may just say no to begin with. There is a reason why people dont ask.

      2. Why should Nintendo stop here? I see too many pieces of fan work out there: paintings, comics, short fan films, cosplays, music, toys…. It is at the end of the day Nintendo’s property and as such, it should all be removed from existence. If Nintendo did not make it, our eyes should not bare witness to it.

          1. Hopefully you saw that I was taking a sarcastic extreme side on this issue because I do agree with you. This is another case of Nintendo not realizing the potential of people promoting their products FOR FREE. Look at the fan community for Five Nights at Freddys for example: without the community promoting the game in the variety of ways that they have, the game would not be where it is today.

            1. Well, as you can see this site is full of people who do think exactly like that post you made. If this was my first visit here, I’d think that all of these people are just being sarcastic and that no such stupidity can exist. Unfortunately, I’ve seen comments as absurd as “Wii U is actually the most powerful console ever. Other companies are just being paid by MS and Sony not to make games for it.” So I can’t even differentiate sarcasm from actual idiotism.

          1. Anti-consumerism? Putting up a copy of a company’s game FOR FREE is the ANTI-CONSUMERISM. Nintendo still sells this game. Thesis guy out a playable copy up, allowing people to play it without paying Nintendo.

            You children will change your minds once you actually have to work and support yourselves.

            1. Hahaha, what? I don’t think you know who the consumer is here. I knew and made a prediction that somebody is going to use the “what would you do if someone did this to you.” as you can see in my original comment. I said there, and as you are an idiot, I’ll say it here. This is one fan project. One fan project among millions of others, and the original game wherever you buy it is just a small source of income for Nintendo, but as we’ve seen with Youtube, Nintendo will do anything for money. Even if it means fucking over their consumers anyway possible.

              People can already play the game without paying Nintendo. Emulators, my dear retarded piece of shit. Emulators.

              1. still nintendos IP they can do whatever they want with it plus your just complaining about this situation because its nintendo im not stupid if it was some other company we wouldn’t be having this conversation

                1. Yes, being anticonsumer is their right. You are right there, buddy.

                  Can you guarantee that? I’d like you to provide me evidence that we wouldn’t have this conversation. Come on. Time travel, bitch!

              2. I love how you’re calling people retarded when you’re sounding like a “retard” yourself.

                Nintendo owns the IP, which gives them full right to pull an HD-project consisting of a recreation of a level that THEY had originally created – which, like someone already said, is being given out for free when Nintendo would rather be making money off of it – they are a BUSINESS after all.

                If this guy would have made an HD level that was NOT a piece-for-piece recreation, as well as recreating assets that look identical, we may have not seen the same issue. It’s more or less plagiarism. This guy was most definitely not authorized to distribute his work for free on a game that was Nintendo’s original work.

                If you’re apparently so “smart” (which, you’re clearly not, you just go around telling people they’re “stupid” and “retarded” to make yourself feel more intelligent – on a GAMING site no less) you should be able to put the pieces together yourself. Instead of roleplaying and pretending to be a character from Deathnote, how about you open your fucking mind and realize that just about every word that comes out of your mouth is bullshit.

                Now, my “dear retarded piece of shit”, you can go fuck yourself. Enjoy your lonely life.

                1. I’m not roleplaying, you dumb fuck. You are right that Nintendo has their right to be anti consumer. There you are right. Everything else stands…but then again mods, other fan remakes, other fan projects, Nintendo’s Creators Program… If you can’t see what I’m getting at, you’re an imbecile.

                  Don’t question me. No one can.

                2. I would like to create a fan made tech demo game inspired off the zelda universe. However my game would not be a copy, it will be all original content; even link would be re-imagined and a unique design that I create. Would a tech demo like that also be subjugated to the same fate?

              3. You are so dumb it hurts.. everyone here …is now dumber for having read what you just wrote… please stop for all our sakes

      3. They took it down because it was a straight recreation of mario 64. I don’t like it either but I understand why they did it. If it were anything else they wouldn’t have cared.

        1. Yeah, what? They wouldn’t have cared? Didn’t you hear about their little Youtube thing where they want a pretty big piece of the money cake for themselves even if the creation falls under fair use? And even when you do agree with their stupid shit, they decide which games you can play.

          You can understand what you want to understand, but please understand, you are a fucking idiot.

          1. Did you hear about the countless fan made modifications they’ve allowed in the past? So please get your facts straight before you talk bullshit.

            “even if the creation falls under fair use?”

            LPs, with which the creator earns money no less, most assuredly don’t fall under fair use.

            1. Yes, I have. I also heard about a lot of Nintendo videos made on Youtube that they didn’t remove or Content ID until recently. So yeah.

              Actually it’s a gray area. Not to mention that Nintendo targets everything that includes their IPs, not just LPs. Get your facts straight.

              1. i just told you they don’t.. wouldn’tbhave been that hard to look it up either
                nintendo + mod in google would likely have turned something up

                project m to name one of many examples

                so yes please do get your facts straight, you’re making yourself look like a complete tool, spreading tall tales about things you don’t have a clue about, just because you read something about LPers in the news one day

                kids these days.. getting dumber every year

                1. I know about project M. I know that they didn’t remove other games, but they did remove this one. Why not others? I don’t know. Still it was anti consumer. Who’s to say that they won’t remove future fan projects?

                  Oh, I’m glad I have you here to be smarter than me. Come on. Show me your moves. You claim that LPs don’t fall under fair use even though by the definition:

                  http://en.wikipedia.org/wiki/Fair_use

                  They kinda do, but I’m EVEN willing to give you that one because Nintendo is targeting anything their Content ID system can get.

                  Ahh, morons these days…. Getting dumber every second.

    2. You can expect anyone to do that.. it’s a standalone remake to one of their games.. pretty much any publisher would shut something like that down, and many have in the past.

    1. It’s not, listen, if they would let this go they would weaken their position in lawsuits that really are copying whole games of them. Ofcourse this feels unfair, but they really don’t have a choice here.

        1. Nintendo Tetrarch Quadramus-NX

          >>>As far as I know, this only includes video projects like reviews, comedy videos using characters and gameplay videos as long as you don’t earn money without permission>>>

        2. They’re not talking about “recreating the entirely of their earlier games in a different engine using a different artstyle” (like what the person behind this HD remake of Super Mario 64 did).

  1. Good.

    Want mario64? Buy it on the wii vc get it on ds or get a n64.

    It looked like galaxy with no shadows.

  2. If he’s not making money off it and is instead using it as a portfolio piece, it should be fine. It’s not like he made the entire game and could cannibalize Nintendo sales.

    1. It’s not like that, listen, if they would let this go they would weaken their position in lawsuits that really are copying whole games of them. Ofcourse this feels unfair, but they really don’t have a choice here.

      1. you are correct Navi, but don’t you think this is bullshit? Nintendo could have corrected their mistake by calling the guy. Maybe hiring him? But no, they are just assholes.

    2. He he was intending to use it as a portfolio piece then he shouldn’t have shared it with the public at large. Every university student is told not to do such things if they are using copyrighted material portfolio, show-reels etc. People complaining about the something that was utterly inevitable is stupid.

    3. Sorry, something went very wrong with the syntax on my last reply, and apparently you can’t edit comments on here, so here it is again:
      If he was intending to use it as a portfolio piece then he shouldn’t have shared it with the public at large. Every university student is told not to do such things if they are using copyrighted material in portfolios, show-reels etc. People complaining about something that was utterly inevitable is stupid.

  3. First of all, VC emulation of Mario 64 is crap. The DS version of Mario 64 is crap. This was one level a guy remade just to practice some Unity stuff. There is a full hd remake fan project in the works, and this isn’t even it. This is pretty funny, esp as a hd remake that blows Nintendo’s previous work on games such as OoT and MM HD out of the water. Bring in the Nintendrones to argue about how this decision is super important and actually matters in the scheme of things (psst it doesn’t). A lot of us have already downloaded the level, and will be distributing it, have fun taking down hundreds of different torrent trackers. Def worth the retainer fees Nintendo pays :^)

    1. OoT and MM were 3D not HD.. For the system they are on, and the fact the developers were emulating the art style while upping the graphics, they are actually quite good. This awesome demo, was basically Galaxy 2 upscaled to 1080p and a different “Throwback” galaxy.. you can’t compare the games to this demo honestly.

    2. “This is pretty funny, esp as a hd remake that blows Nintendo’s previous work on games such as OoT and MM HD out of the water.” I think there’s an infamous saying from a film about some funny guys in a jungle that pertains to this statement.

    3. I’m not even gonna argue this. Nintendo just fucked this one up and these guys behind the project are innocent. They didn’t solicit money not even claimed the original work is theirs. This is a dedicated fan made project using Unity because they loved to do it and loved the game. Now those guys are probably gonna hate Nintendo after this, which I sure am now.

      1. Nintendo Tetrarch Quadramus-NX

        >>>You don’t have permission to use another one’s property then you have no right to do anything grand with it unless it’s for private reasons and private alone, meaning as long as it’s not used to promote anything or yourself in public, period>>>

          1. Nintendo Tetrarch Quadramus-NX

            >>>Fine, then get lost, obviously you, like many in here are so ignorant of how this world really works that you rather choose to hate them instead of doing research and see how obvious certain things are >>>

            >>>But go on ahead, I’m sure you’ll turn into a pathetic Xbot now too despite them being infinity much worse than Nintendo is or ever will be>>>

            1. I don’t even not ever liked/trust Xbox period. But if you fail to realize why I’m so fed up with Nintendo right now, then so be it.

              Oh BTW, explain to everyone again why you went into your “Phazon period”?

              1. Nintendo Tetrarch Quadramus-NX

                >>>Other than being against this mobile crap, it’s my own business and has nothing to do with Nintendo at all>>>

          2. Keep talking the talk.

            Come back here when you make a popular video game, then maybe you’ll better understand Nintendo’s position in this matter.

            1. Which they have no legal standing to pull that off. The guy did nothing illegal as far as my eyes can see. That Metroid fan made movie video project that used Kickstarter to get funds a while back? THAT was illegal. This is not the case and Nintendo, once again, got all IP copyright panties tight for nothing.

              1. wow dude your so stubborn aren’t ya u obviously don’t know why nintendo took this down do u ? its because not nintendo is evil is its because of lawsuits plus why are u even getting mad this game isn’t even all that great anyways the guy can just do something else

                1. Lawsuits of what exactly you dumbass? There’s no business sabotage, no money soliciting, no copyright violation in any sense because the guys behind the project already acknowledged its not their creation and they’re doing it for fun and pleasure for the loyal fanbase. No Kickstarter, no credit taking, NOTHING.

                  Nintendo thinks they’re fucking high and mighty to take any fan made material down because they get so super sensitive about other people actually doing a far better job at creating something for their series better than they could in their whole career and business.

                  And excuse me but Mario 64 “not that great”? Then how come it’s one of the most highly praised video games of all time by many and best 3D Mario in the series?

    1. Nintendo Tetrarch Quadramus-NX

      >>>What’s sadder is that these so called humans with passion don’t use it to create their own things instead of using others’ creations>>>

        1. Nintendo Tetrarch Quadramus-NX

          >>>If anyone knows how your stupid world works, it’s me, I don’t need lectures of understanding anything, emotions are irrelevant when it comes to obvious things like this>>>

  4. Not sure why people are surprised. It was starting to gain worldwide attention. It wasn’t fully fucntional and I don’t think he was gonna expand upon it but I still saw a few non-gaming news sites say things like “if you want to replay Super Mario instead of buying an old copy just wait for this team to finish their HD remake and download it free!” Stuff like that could easily influence them to take it down.

    Plus if that Nintendo Direct turns out to be true in some way and they really are about to release SM64 on Wii U VC then having a free high res version floating around could be troublesome. Still if you want to play this badly enough it shouldn’t be hard to find a downloadable version at all.

    1. They took down the online Mario level editor before revealing Mario Maker, so it’s very likely that they’re going to announce the VC version of Mario 64, especially now that the Direct is confirmed.

      But now, I think the main reason Nintendo takes down fangames is if they conflict with something they’re working and/or a remake of one of their games.

      …hopefully Nintendo doesn’t happen to be making a 2D platformer Zelda game because my fangame would be in a lot of trouble.

      1. Well here’s hoping they don’t for your sake man cause that’d suck. Whenever you get a demo ready though you should let me know! From what I saw your game looks like it could be really fun.

      2. Nintendo Tetrarch Quadramus-NX

        >>>If it’s a direct rip-off with just better graphics or game mechanics then they will take it down>>>

        1. Yeah, but then you got fan games like Zelda Classic, which is literally the first Zelda game and a level editor with enhanced features, and it’s been around since 1999 or something.

          1. Nintendo Tetrarch Quadramus-NX

            >>>It’s only a matter of time before it’s taken down and the creators will realise that their lives have been wasted when they could have created something original instead>>>

  5. See? These guys didn’t even infringe shit nor made a dime out of this fan-made project and, of course, fucking IP sensitive Nintendo takes it out. Now my frustration towards Nintendo grows even more uneasy.

    1. If this was any other company they would of done the same. The guy who made this should probably thank nintendo. He got so popular that he got nintendo attention. Now he’s back on news feeds again and will be getting much more attention from many companies that will want t to hire this guy.

      1. That is IF someone hires him but he shouldn’t thank Nintendo just yet for pulling a legal dickmove on him for doing something that didn’t violate anything and come to think of it, didn’t Nintendo said they’ll allow this kind of shit? He didn’t claim credit of the original game/design nor made a penny out of it so WTF did Nintendo go apeshit crazy over it?

  6. And fuck you again Nintendo. This was good work, why did you ruin it? Seriously, why not come up with a compromise or something? The guy basically built you a whole fucking world from one of your games that people would like to see again. Cut the guy a deal or something.

    1. lol. so naive. that’s not how IP ownership works. you can’t just rebuild a company’s world-famous, copyrighted work and release it for the world to download. he’s lucky he just got hit with a C&D order.

    2. Nintendo Tetrarch Quadramus-NX

      >>>Then I can also build my own Wii U from the ground up with no one forcing me to do it and then claim it’s my property, that’s not how things work>>>

    3. Hahaha! Silly child. That’s not how the real world works. You think hackers get hired too? No, we put them in prison. Because they are criminals. If he was smart he would have created an original game and submitted it to Nintendo.

  7. Wait… Didn’t Nintendo say that stuff like this was allowed now?

    Yet they take down this guys FREE FAN GAME off the internet?… Nintendo.. what the fuck are you playing at? Dumb bastards… 1 step and 2 steps back.

  8. Why would this guy show it publicly? He should of known that you can’t just use a company’s copy righted ip.

  9. I don’t think a lot of the people posting here understand copyright law. This person was distributing a copy (albeit visually updated) of a level from an already existing game under copyright. It DOES NOT MATTER if it was for profit; that is still a violation of copyright law. It says right in FBI warnings for copyrighted material: “The unauthorized reproduction or distribution of this copyrighted work is illegal. Criminal copyright infringement, including infringement without monetary gain, is investigated by the FBI and is punishable by up to 5 years in federal prison and a fine of $250,000.”

    Nintendo had every right to do this. I understand people are upset, but there is a difference between a fan game and a fan copy. Mother 4 is a fan game; while it uses elements from the series it is based on, it is still an original work. This is a fan copy.

    1. Nintendo Tetrarch Quadramus-NX

      >>>They just jump on the Nintendo hate wagon because if the delayed games are a big problem for them, then obviously everything else they do must be pure evil and must be bashed at once, their emotions are so primitive it’s amusing>>>

  10. Only an idiot would think making this is OK. This isn’t a fan game, this was copy clone of the first level in Mario 64. Go read the fucking copyright law, it’s mostly the same world wide.

  11. Man, that’s sad. Though Nintendo’s actions were legally justified, I still feel really bad for the guy. Universities have strict rules regarding this kind of stuff – It may get him expelled.

    On top of that. this places a bad mark on his career.

    He should have simply kept what we saw to videos, and not release it publicly.

    1. This doesn’t put a bad mark on his career. He’s top news and companies see the work he can do and will probably get a better job now.

  12. Nintendo is probably remaking the game… Remember the site where a guy created a mario level maker? Nintendo had that site closed then a few months later, what do you know, they announced Mario Maker.

  13. How about before you steal a persons work or put their product that they created money off out so others can take advantage you reach out to said company.

    TBH if this was my work that someone had stolen and used it without bias or my consent I would sue quickly.

    The Copyright Law of the United States tries to encourage the creation of art and culture by rewarding authors and artists with a set of exclusive rights. Copyright law grants authors and artists the exclusive right to make and sell copies of their works, the right to create derivative works, and the right to perform or display their works publicly. These exclusive rights are subject to a time limit, and generally expire 70 years after the author’s death.

    United States copyright law is governed by the federal Copyright Act of 1976. The United States Constitution explicitly grants Congress the power to create copyright law. Specifically, Congress has the power:

    To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries. Article 1, Section 8, Clause 8, (the Copyright Clause)

    1. It’s just a fan made project. If they aren’t trying to make any money off of it then you should allow it. It’s not harming anyone.

      1. Not the case when it comes to copyright law. It DOES NOT MATTER whether the material is making a profit or not. Because this was merely a visually updated copy of SM64, Nintendo had every right to take it down.

  14. Lol, this is actually a good move by Nintendo. I’m not sure why everyone’s trying to defend the people who want to play a Mario 64 game online for free…the guy should have asked Nintendo first.

  15. Dam that was amazing golden Mario punching the enemies they turn to gold this is better than the original n64 Mario is there a full version of this being made if there is give me a link

  16. Pingback: Nintendo ha proibito il remake in HD di Super Mario 64 | VG247.it

  17. As much as this seems like a dick move they just can’t let things like this around without setting a legal precedent that others can exploit to get away with piracy and plagiarism.
    Don’t blame Nintendo on this, blame the shitty legal system that keeps fucking with basic logic.

  18. If I recall correctly, didn’t nintendo give fans the ok to do these kind of fan projects?

    If so, then nintendo is going back against their word.

  19. Legal or not, this was still a pretty over the top measure from Nintendo.
    Such a shame to see something so beautiful get destroyed within flat seconds. >.<

  20. Good on ya’, Ninty. It’s your goddamn copyright, after all. But it would sure be nice if you could produce an HD Mario on your own, hmm?

  21. Okay:

    1. Nintendo only wiped out its existence from the public realm; it’s not like the fan doesn’t have it anymore. He still has a very valuable and worthy addition to his portfolio.

    2. The fan was entirely within his rights to develop his own fan-made project based on another IP. He DID NOT, however, had the right to distribute it and allow people to PLAY IT. It is one thing to exhibit it, but another to allow people to take possession of its usage. No, he didn’t make money from it, but he still allowed it to be downloaded and owned by others, and even if a product is free, how it’s distributed and the fact that it’s even distributed at all still matters.

    1. By essentially taking what Nintendo or somebody else owns, making a supposedly better version of it, and distributing for basically nothing compared to the price the original business entity would have normally attached to it, you are undercutting that business. That is a big NO-NO. You do not do that, EVER, not to mention that allowing this type of thing to happen would basically open the floodgates for everyone else to make better versions of the original product and sell it for nothing. Every consumer from that point on would only get (not buy, since it’s free) the supposedly improved versions and not spend a dime on Nintendo’s products. If you were Nintendo, or if you’ve ever ran any kind of business in your life, you wouldn’t allow this kind of thing, ever. You’d be infuriated that some random dude was undercutting your business. This is exactly why Nintendo didn’t want to jump into the mobile market right away, because they didn’t want cheaper knockoffs of their games to be sold for crap while they got nothing from those sales.

  22. From what I’ve read so far, it’s a fan copy not a fan-made game, therefore it infringes upon the Copy Right Law. Too bad but if you overlook the law, you will get punished for it and there are no exceptions.

  23. Forgot this site doesn’t allow you to edit;
    “Not to mention he distributed it so anyone can play and download it. He should had kept it as his private work but aside from this he did quite a good job on it.

  24. Now I don’t want people defending this horrible movie with this “It’s there Ipz” crap.
    This is wrong.
    Nintendo even lies as they specifically said that they ALLOW fan games.

    This is why I hate Copyright.

    1. They allow fan games, yes. This was not a fan game, though. This was a fan copy. It’s one thing to use elements from a series or IP to make your own original work. It’s another to just take someone else’s work, modify it a bit, and then present it as your own. I mean, would you steal your neighbor’s car, fix it up, give it a new paint job, and then say it’s yours? Of course not. That’s theft. And this is no different.

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  26. Wow, dude, just wow. Okay, I’ve supported nintendo for about… 20+ years. I’m talking about I rushed everywhere to get the first pokemon. I was one of those kids defending snes vs sega. Today I’m one of those first 3ds owner people… you know, the ones that got the free gba and gb compensation for the price cut? I bought the Wii U and call of duty… I don’t even like call of duty. I just wanted to support Nintendo. Don’t get me wrong, I own many systems but I did wish to help Nintendo in my own way. Even if only a little. This behavior; however, seems almost money hungry. It just seem wrong. It makes me want to say fuck Nintendo. Even with the YouTube rules they put out all the time. As a company they just keep appearing worse and worse as time passes. I think it is time too just stop supporting Nintendo. If a game comes out that I truly truly want then I’ll buy the next console or handheld otherwise I’ll just stick to pc or something else. Just like when I got call of duty to help a little, this is my way of trying to help that developer a little. It sucks because by the end of the day I wish to prove that what they did, lost them income and a fan rather than gained them anything. Sorry bro, to whoever create that remake. It was amazing.

    1. While I can’t say I approve of of Nintendo’s Youtube policies, this case is completely different. This person took part of an existing copyrighted game, polished it up, and distributed it on the internet without permission from the copyright holder. That is a direct violation of copyright law. It doesn’t matter that it wasn’t for profit; it was still an illegal action and Nintendo had every right to take the game down.

      Fan games and fan copies are not the same. Mother 4 is a fan game. This is a fan copy.

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