The creators behind a gorgeous reimagining of Link’s Awakening titled Link’s Awakening DX HD have been issued a takedown notice by Nintendo. The title featured HD visuals, 120fps scrolling, and widescreen support. Additionally, players could also zoom out and take in the entirety of Koholint Island at once. Nintendo is renowned for its protection of its IP and consistently takes down projects such as this one. Here’s what the takedown notice says:
“It has come to our attention that the following game, [Link’s Awakening DX HD], offered on Itch.io infringes and makes unauthorised use of Nintendo’s copyrights in The Legend of Zelda: Link’s Awakening video game,” this notice reads.
“Please act expeditiously to remove the download and information page for the infringing game. I have a good faith belief that the material is not authorised by the intellectual property owner, its agent, or the law.”
To be fair, they did release the remake, so I understand why they would be a bit protective about this
In Norwegian law, you as the copyright owner, are responsible for protecting your own brand and products — not the law ditectly. If you let people copy you for a long while without taking action, you’re putting yourself in a position where your brand is associated with having others using it, and might lose the right to stop projects like these.
So on this instance, I don’t blame Nintendo that harshly.
I wish Nintendo weren’t so litigious when it came to fan games. That being said, this one was always particularly at risk because it directly competes with a game Nintendo are still selling on the Switch. Still a shame though because it’s clearly an excellent remake.
It’s a fan game. As Kantenstain stated, the remake came out. However, Nintendo has been this way with fan games, sending C&D or takedown notices for fan games to revive a game they love or make something new. They do not want fans touching their games other than playing. I believe that when the CEO was alive, they were still against fan games, but not like now, and you would be able to see the good ones come through. But now it is no longer for fan games, even if they make no money. It makes me wonder what Nintendo would be like if they had Sega’s mindset that fan games are good, so long as they remain free and don’t harm their reputation.
Nintendo was my favorite gaming company. They are pure evil now. They r greedy. All they want is money. Rom hacks are 100% lawful as long as you own the original rom and u don’t infringe copyright law. I play Pokemon rom hacks both legally patched and pre-patched. Have their lawyers ever knocked on my door? No. My favorite gaming company has totally pissed me off.
Honestly this doesn’t matter. They did the same thing to AM2R (Another Metroid 2 Remake), and not only did that project survive afterwards, it also has been getting constant updates by a new group who are equally as talented as the original designer. These take downs do nothing but bring attention to these indie developers, and if the project itself is good enough then it will survive regardless of Nintendo’s actions.
Link’s Awakening DX HD already has numerous reuploads- Nintendo has no power over these fans regardless of their right as the IP holder.
“Nintendo has no power over these fans regardless of their right as the IP holder.”
If the people behind these games say they love the games so much to make their own version, shouldn’t they atleast respect the company’s view and stop making them? Is that so hard to do?
Imagine an artist who has his paintings recreated over and over without his approval. Do you think that is the right thing to do? Do you think that the position of a fan makes you entitled to do anything you want to a IP that is not yours?
To answer your first point, no.
To respond to your second point, that is a non-sequitur as the fan projects in question are clearly not identical to the original works and can thus be viewed separately from them. The Link’s Awakening port isn’t even perfect, so there’s still grounds for someone to choose the original over it.
Likewise, the Super Mario 64 decompilation “port” has unique features that again separate it from its N64 console counterpart that also allows for people to pick either it or the console original over the other of their own choosing.
AM2R isn’t even a port; it’s a complete reimagining of the story beats of the original Return of Samus game on Game Boy. To compare it to any of its counterparts loses all meaning the further you invest into doing so.
Look, I get the sentiment that the original developers deserve to have their work honored, but you don’t have to sacrifice doing that while also acknowledging the works of the fans as well. My point is that fans are driven by passion that came from the original works- if those original works did not inspire them in the first place, then none of these fan works would exist. Period. In one way, these fan works existing at all honors those original works and elevates them as well.
These games inspire each other and each of us. That’s what I mean by “Nintendo has no power over these fans regardless of their right as the IP holder”, because ultimately, they don’t. Nintendo as the IP holder isn’t even the creative behind these games. The developers are. The developers work for Nintendo to bring these games to life, and it’s the developers who deserve the honor of their efforts and passion, not the company itself. Regardless if Nintendo wants to squash or administer creative freedom to anyone, individuals will always find a way to create and inspire.
It’s always a challenge when fan-made projects or enhancements face removal, especially when they show how much passion the community has. In situations like this, keeping an eye on official statements or responses can help clarify future expectations. Meanwhile, if anyone’s also researching legal responses or regional legal activity, the Travis Legal Lookup section might offer some informative insights related to recent cases.