Only a few days ago we reported that an avid fan had created a mod that allowed online play for Super Mario 64. It would seem that Nintendo weren’t too keen on their IP being used without permission and, according to the creator, his videos and Patreon have been closed. When you try and watch any of the videos a message pops up saying that the video contains content from Nintendo and that they have blocked it on copyright grounds.
https://twitter.com/KazeSSBM/status/910070822559154176
Well, that didn’t last long.
seems a bit too much to take his patreon down
Using someone else’s work and then getting paid for it. I can understand why Nintendo did this.
well people aren’t really paying directly for the content though. the content would come regardless. I see it more as people give him money so he doesn’t have to take a job. but they aren’t paying for nintendo’s protected IP. We all knew this would be struck down.
“well people aren’t really paying directly for the content though. the content would come regardless. I see it more as people give him money so he doesn’t have to take a job. ”
They’re paying him so he doesn’t have to take a job so he can work on someone else’s content full time. Whether or not they technically call it “paying for the game”or “paying his living expenses” it is the exact same transaction. This is like saying it’s not bribing a cop if you just change the phrasing and saying you’re tipping the cop for doing a good job.
Fair enough.
I still think a C&D would have been enough.
Darknova35249
It is people like him that give Patreon a bad name. You can’t defend this thief. Not only is he using their property without their permission he is taking money from others to create this mod. This is a summary of what he is doing.
Illegally modifying software without the copyright holder’s permission.
Taking money from people to do so.
Breaking Patreon’s rules in the process as that is for creator’s making their own content and not piggybacking off somebody else.
You are literally defending a criminal here. Making Nintendo out to be the bad guys in certain circumstances is one thing in this case I would have sued his backside into oblivion for this. This is piracy.
That’s how our whole economy operates. Building on work of other people.
@cronotose That’s bullshit cronotose and you know it. The difference is people aren’t obligated to give money if they don’t want too. A donation is not the same transaction as a purchase. This is Nintendo being a bitch about their IP like they’ve always been. Bunch of fucking cavemen that can’t get with modern times.
Lots of people also don’t pay for free to play games. They still get the content. Same goes for Patreon. He gets paid to do this. Also, the mod can also be seen as a promotion of his Patreon.
He got it coming, especially after he taunted them saying nothing can stop the fan project.
Nintendo is taking this a little too far.
I’m just going to say. The creator does have determination. Show him some love
https://youtu.be/qNogqI0o2bw
lmao
Dead right! You are using people’s money to fund what isn’t your property without the permission of the owner.
The online code kind of is, though. If he had released it simply as an .ips patch like translations and rom mods in olden times, there’s a chance, depending on how invasive the code is, that it would be legally acceptable.
Shame on Nintendo for protecting their IP!
I think they are right. This guy is taking money for a project that isn’t maked by himself. Part of the game is made by Nintendo long ago, he only added the Online feature but the game itself is Super Mario 64.
“Only”? You have no clue how much work that must’ve been. And he’s not making money from something someone else created, people donate money to him because they like what *he’s* doing, namely modding an existing product.
The fact that people gives money to him for what he created is ok, but the real problem is the videogame he used for his project and the game is from Nintendo.
He simply added a feature that is now possible thanks to evolution of code, networking and more.
But Nintendo comes in because he uses a part of their project in his works and that’s not allowed.
You are right, what he did was not legal, according to various laws. The question for me however is whether what he did was ethical. He’s a fan of the game, and he spent countless hours working on a mod for it. He might have received donations, which allowed him to work more on it, but that’s it. In my eyes it’s an innocent fan project, especially since nobody is *losing* money from it either.
As a coder myself I take a little offense it you saying “simply” again, because reverse engineering the game, modifying it, and adding the new features most likely took months, and while I don’t know how far he got until now, it will probably take many more months to perfect it. This is not something he threw together over a weekend, put up a Patreon page, and made money from it.
Nintendo does have the right to take projects like these down, and as we know they make heavy use of that right, but whether they actually make right by their fans with this is debatable in my opinion.
I understand what you write here. I’m also a coder but I never watch Reverse Engineering, not even a video. So I don’t know all the process but the only fact is he used a part of Nintendo’s work and that’s what Nintendo can’t tollerate.
||Excellent, The First Order always supports Nintendo in hunting down these infidels…||
you do know people can still get this mod and will have access to it despite the current circumstances right? there’s still no C&D yet plus, even if there is things like this just dont disappear. hes just not aloud to work on it. and these “infidels” have more creative minds than what nintendo has been pulling up aside from BoTW and Odyssey.
||Show me evidence of their work that has absolutely no connection to Nintendo in any way, then I’ll reconsider…||
God.. do you ever stop being such a damn dork?
No Kevin.
In Life, certain things are guarranteed:
Death, Taxes, and Nintendo DMCA takedowns.
Yeah, I’ll still keep playing AM2R… After I finish Samus Returns.
The guy had to have known what he was getting himself into. Nintendo didn’t do anything wrong here.
its not like he was selling the fucking game, he was making his own code to fuck woth it, you all need to stop pretending that hes charging for nintendos work when hes not.
Well, if he’s so good maybe he can find success without piggybacking the Nintendos :v Believe me, I feel bad for the dude, but I just don’t get why people keep throwing all their talent to the garbage bin if they already know that doing fan stuff for Nintendo is a bad investment
i wont disagree with that, i wouldnt try supporting my financial needs with such a fragile income lol
This guy has a full romhack the put yoshi, 12 other powerups, completely new mechanics, a new campaign, custom bosses, and electric synths into super mario 64, programmed the mechanics of SUPER MARIO ODYSSEY into mario 64, programmed the foundation Mario Maker 64, and, by shuffling the assembly code, has programmed online multiplayer into Super Mario 64. If he didn’t have a patreon for this, and I was the guy who performed the takedown, I’d reach out to this guy and try to hire him!
Never heard about copyright infringement?
I understand he showed amazing skills for adding different mechanics in a game like Super Mario 64. But if you like to do this then why don’t you make your own game?
Too bad he couldn’t go the extra mile and create new original characters, environmental assets, levels, etc. as well. Had he done that it would have been an inspired original work.
Nintendo will never hire people who do this no matter their talent. Because if they did they would encourage this behaviour even more.
He destroyed himself. He willingly jumped in the lake of lava.
Sega actually did hire fan game creators to work for them. The end result was Sonic Mania, the best Sonic game we’ve had in years, and a huge financial success. Shame Nintendo isn’t taking pointers.
They pitched the game directly to Sega though instead of releasing it to the public and then bragging that the IP owners couldn’t touch him or do anything about it.
I mean this is pure copyright infringement, I’m not surprised
God DAMN YOU Nintendo!
Let people have fun!
Don’t need to infringe on trademarks and copyright to have fun. Plenty of alternatives.
I have nothing against fan games, but putting up a Patreon account for one is too much.
What he could have done, is make the game without distributing it, and use it as part of an application to Nintendo. Then he cold make games legitimately.
Eight words: Shock.
But it’s only 1?
Now, you listen here…
No. Now nothing
You must be quite bright to spot and point out the flaw of my sentence. Almost like a… Genius! How did you do it!? I’ve would had gotten away with it if it wasn’t for you!
I’m not good to be a Genius.
What I did? I did nothing.
This is escalating into a big nothing… it’s almost like… a X-file.
X??? iPhone X?
Shiii– Xbox One X ofc!!
Mate I never cared about Xbox. That’s why I cannot reach this.
Are you sure is Xbox One X? Or you refer of Xbox 1 X? or Xbox I X?
I… I… don’t know myself anymore…
Keep calm. And come back.
But… only MewTwo strikes back?
uhm. I don’t know.
It said so in the movie title… “MewTwo Vender Tilbake” directly translated as MewTwo Strikes Back. WHY DID YOU BRING MEWTWO INTO THIS?!
https://cdn.bulbagarden.net/upload/thumb/2/23/Pok%C3%A9_Balls_GL.png/250px-Pok%C3%A9_Balls_GL.png
Catch him.
Nice chattin’ with ya. I been up for 41 hours and got myself some sleeping medicine from the doctors office. I’ll be back in about 12-14 hours!
The doctor was… Mario?
Sometimes… It feels like he was the doctor…
Maybe it’s eight words in Greek?
Probably.
Maybe Thanos knows about it.
Author of Super Mario 64 Online: Hey Nintendo can I make Super Mario 64 online so people can play it though emulator?
Nintendo:
At this point I doubt he really cares. He made his money, released his game and knows full well how enjoyed it is by the masses.
Was he intended to distribute it as a patch or as a modified ROM? If it’s just a patch then I don’t see the problem, but if he’s redistributing a modified ROM, then he shouldn’t have known this was happening long ago.
It was a patch but it clearly contained Nintendo trademarked characters and assets (even if they were build from scratch). The legal leeway these fan games supposedly have under fair use is incredibly overestimated. Almost every fan game, hack or other method using trademarked brands or copyrighted IP in the same medium (games) is illegal infringement. Same goes for using those brands for merchandise, even if it would be distributed for free, since many of Nintendo’s trademarked brands are also trademark protected for those market segments. In that case fair use could apply if the work is transformative enough (for example a t-shirt that’s only referencing or hinting at Nintendo IP)
It’s such a shame these fangame makers can’t decide to put in the extra work and effort to fully make a new game that’s only hinting at their inspiration..
I was forgetting that the patch would have added character models and such. I wonder if he would have been better off making a patch that just added multiplayer and an infrastructure to add new characters with maybe some generic original character coming included. Then it would have been up to others to make character packs. That way the patch itself wouldn’t include any infringing materials.
Probably still not enough.. There are multiple objectionable things he did here.. Particularly the Patreon was a big issue.. But any derivative code is subject to copyright infringement laws. And since the code for online has to edit the original code it’s risky at best..
Really the best course of action, especially after that much work, would have been to build a original environments, characters and other assets etc. or at least remove/replace/alter the most important Nintendo IP (characters, iconic models/illustrative textures).
The first option is best: create a complete original work inspired by the game. More risky but likely to avoid consequences would be the second option which still infringes on the games code but changes the most aspects of the games appearance.
I just looked up the exact definition of “derivative code” and it says that, if the code can be deleted and the program can still compile, than it’s derivative code, but if it fails to compile than it isn’t derivative.
Obviously, since the game compiles without this guys patch, than it would clearly be derivative code, but what if he designed it like a ROM that imports the Super Mario 64 ROM kind of like a boot loader or something. Technically both can be compiled without the other at that point. I would imagine this method could potentially slow down emulation and might not be compatible with most or all N64 emulators but that would be legal, right?
The definition you looked up is in a different context.. A derivative work is a work is a work based on or derived from an already existing work. That’s the definition in the context of copyright. If his work would work as standalone the part of the code that loads the IP in would still be subjected to copyright. The code that works without would be legal though.
So really, Nintendo is pretty much protected in every approach in this case. A transformation in the work’s purpose (I.E. a game) is the only thing that would make a fair us defence valid.
Ah okay. Thank you for the clarification!
A message to everyone trying to use Nintendo’s IP to make their own games: don’t.
If you love them so much how about making your own original game that’s “inspired” by Nintendo’s? As an added bonus you’ll be in your full legal right to charge money for the game and who knows, it could even end up on the official Nintendo eShop!!!
God people are fucking morons.
Maybe they’ll starting getting a hint when the next 50 fan projects get taken down.
Most fan game makers will have taken the hint long ago.. There will probably always be that one fool who tries anyway..
Or, they could just not post it online. Share it with friends, have them share with their friends, but not online.
Well… too bad… was hoping to playing it with other people online, but people kept sharing this everywhere, especially on Facebook… were we supposed to expect Nintendo to not take it down while people shared videos about it everywhere? 🤔
It’s almost like they aren’t legally obligated to be draconian assholes.
People seem to be confused…
Based on the article, the videos are the main thing that got him copyrighted, not the mod. And we all know how Nintendo is with their content used in videos/YouTube.
The mod for online play is completely legal; no one is paying for it, no one is pirating by downloading the mod — it’s a separate program that essentially runs a complex cheat code.
On the other hand… I’m confused on why his Patreon was taken down, he was not requiring people to give him money, donations are voluntary. If I had to guess, he may have made certain Nintendo content/videos unlock if donors gave a certain amount of money; or, the donation option may have been shown too much when using his program… but I’m not sure.
Compare it with free to play. Most people don’t pay for those either. He used NIntendo IP as promotion for his patreon.
Also all of it is computer code in the end, code that creates existing trademarked characters by modifying the game. Even if there are no actual Nintendo created assets in the mod files it still creates them.
Mods also count as derivative work.
And there are several other grounds on which they can take him down.
It’s virtually impossible to create a fan game like this (depicting trademarked and copyrighted IP) without being at the legal mercy of the creator. And we all know what Nintendo’s policy with these derivative works is.
They don’t take down mods they said
NOOO NOT KAZEE!!!! I’ve loved him for so long ;( he made wonderful m64 mods. I’ll always remember u… super Mario star road was great… never thought u would go too ;(;(;(
Isn’t Star Road done by SKELUX, not Kaze?
Oops got them mixed up… subbed to both lmao
Im beginning to feel like these developers are doing this for the free publicity. Most if not all of these guys that have taken donations (they got paid to work on a Ninty IP, lets not beat around the bush here.) and have had theyre project taken down have been put on the spotlight. Had they worked on their on IP’s they would have never been paid attention to unless they made the next holy grail, but like this, they have gotten jobs with big companies. I beginning to think thats exactly what these guys are after, not because they really care about Nintendo’s IP’s.
They are new programmers, developers who want to start a “first project” and what better way to start a new project if not by messing with Nintendo’s old games? Free advertising for their work plus the fan game card making lots of people defending them (as you can see from these recurrent events) and easy money.
How did he not think that doing a crowdfunding campaign was somehow not a violation of copyright ip? Like seriously?
Let’s see here:
Uses copyrighted assets.
Tries to make an online community out of said assets.
Makes a patreon so he gets paid for using the assets.
And people are shocked it was taken down.
I love every time Nintendo crushes one of these fan projects, people point out that Nintendo has a right to “protect” their IP.
No one has ever disputed that. I respect their right.
I also think it would be better, more modern business to embrace the free publicity and encourage fan projects and mods.
Nintendo often makes themselves out to be a grandfather fumbling with an iPhone, rather than an innovative tech company.
Or maybe the guy shouldn’t have asked for money to make a game out of stolen assets?
I don’t respect their right, copyright law is a cancer on creativity.
Okay then, get sued for breaking the law. :)
Copyright is not “cancer on creativity.” It protects it from people stealing it. grow up kid.
He’s partially right. In some cases, copyright does hold some stuff back from being made because a company has a patent on something with the intent of never using it, thus keeping a company that will use it from doing something with it.
Alright, yes. That can be true. But it can also keep something you made from being taken from you.
Mayhaps he shouldn’t have had a patreon? Just a thought.
My understanding is that the mod is still avaliable though, so that’s nice.
Sorry but in this case I’m going to have to side with Nintendo. He was making money off of their IP and when he said “Nothing can stop the mod now” he was just asking to be targeted.
As for taking down the videos, that’s a tricky area to debate because there are plenty of YouTubers that upload Nintendo games but since those videos could encourage people to downloading the mod, I can see why Nintendo would want those down as well. I know this could be classed as hypocrisy as I’m also someone that uploads Nintendo games but the thing is; The games I cover are official releases from Nintendo so by doing so, Nintendo could benefit from that but this? This doesn’t benefit them at all.
jesus yall nintendo fanboys/girls calm the fuck down its a fan mod. FAN mod.
That he asked money for “fanboy.”
This is WHY you don’t talk about fan projects online until it is released. Especially a fan project of something owned by Nintendo :/
And even than be careful how and when you mention it :(
Fuck. Nintendo.
Fuck this draconian company.
Fuck copyright law.
Fuck the system that lets it be abused willingly.
Fuck the corporate drones that defend it!
Dude, grow up and get off the web until you do.
When even mods are no longer safe.
He asked for money to make it.
He actually didn’t. This is how you spot someone who doesn’t pay attention. It was made without a single cent being used to make it. The Patreon just exists for those who wanted to donate because they liked the project or the creator. Not a single cent was used for this thing. Please… just… don’t comment if you don’t want to be made a fool of because you clearly don’t understand that no money was spent on the project itself.
Actually, he did. Heard of “patreon?” Yeah, he opened one to earn money for working on the project through donations. If you don’t own the property, guess what? That’s ILLEGAL.
Pay attention.
He’s asked for donations, sure, but any money he makes is going into something he won’t even be selling so he’s not actually making any money. I had this same issue when TPC went after the guy who asked for a small fee to join his Pokemon themed party & he was not making money, either, as the money he got went to pay for the expenses. They could have also asked for a piece of any profit he made from it, but they chose to be assholes & shut him down instead. It could have been good publicity for TPC & Nintendo, because they would have shown they are cool with people throwing Nintendo themed parties as long as they don’t make money or as long as they get a piece of the profit if the person is making a profit. They could have done the same here but instead, like TPC, went the asshole route. Nintendo & TPC can send a message that it’s not cool but also send a message they are okay with it as long as they get a piece of any profits & aren’t being robbed. If they were working on their own multiplayer for Super Mario 64, they could have politely asked him to stop because his mod was going to interfere with their own plans. Maybe even hire him to help with their Super Mario 64 multiplayer project as a support developer since he’s had some experience with adding a multiplayer function to Super Mario 64. I won’t comment on whether it’s legal or illegal. (I want to say legal since he won’t be making money as the money will go directly into the project so it’s not like he’s keeping any of it since the mod was being given away for free & I want to believe that is protected under fair use.) I’ll leave the debate on it to people that know how copyright & trademark laws work.
Anyway, I’m done with that subject as I’ve said my opinion on the matter. But now I’m worried, because how long before Nintendo goes after cosplayers using Patreon to fund their cosplays of characters like Link, Zelda, Mario, Samus, etc? :/
I think costumes fall under a different system since they’re not actually games. The main issue here is games and money being made off of their games. But who knows, the line is really blurry sometimes. And even if they were still donations, he was still making money off of property he didn’t own.
I love Nintendo. I really do. But good GOD, even I know when they’re just being assholes and fucking up. What is it with all these blind fucking fanboys defending Nintendo constantly taking down FREE fangames that do NOT make a profit? Stop it. Stop trying to defend something like this. And to the one dipshit saying, “hurrrrrr… durr… y dun teh guy put in da xtra effort ta make own gayme instead of fan thingies?” Do you understand how much time and effort goes into making one of these things? A hell of a whole lot. Do you think it’s easy to take the entire foundation of a fucking game and turn it all upside down? Do you think Kaze was easily able to make that Super Mario 64 mod, Last Impact? Or that he was easily able to mess with the game to be able to allow online multiplayer?
Of course not. This guy poured his blood, sweat, and tears into several passion projects to show his love for a company who turns around and spits in his fucking face. Or if they’re going to take these projects down, how about using some common sense and… you know… hiring these people? Like what Sega did. It would encourage people to keep showing Nintendo what they can do with their IPs and thus, show them some new talent that they could potentially hire for the future. Do not act like encouraging the creation of fan projects is a bad thing, because it is not. Also, without the fans, we would never have gotten a Waluigi game. A really good one, at that. Psycho Waluigi is the best Waluigi game ever made because it is pretty much the only one ever made and it wasn’t made by Nintendo. And it’s completely free.
The Patreon also only existed not so he can use it to make this online SM64 project but for people to donate if they liked the project. The project, itself… is completely free and none of that money was used to make it. So acting as though it was… is completely wrong. Please stop being such blind fanboy sheep who think that Nintendo can do no wrong. Because as much as I love Nintendo, I can admit when they’ve fucked up. Because I’m not blind. Nintendo should not be destroying these passion projects from fans who just want to show their love for this company and their properties. It should be encouraged to show that they actually care about their fans. Just like what Sega does. Honestly, that slogan back in the day, “Sega does what Nintendon’t,” definitely fits here.
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