News: 11 March 2016 - Forum Rules

Author Topic: Fake Nintendo Employee discovered to be the one DMCAing Fan Projects  (Read 6372 times)

Kallisto

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https://gamingreinvented.com/nintendoarticles/fake-nintendo-employee-taking-fan-works/

This is honestly a big thing because if true...then this punk could have been the one demolishing fan projects of years past, and somewhat affecting this community too.

Spooniest

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Re: Fake Nintendo Employee discovered to be the one DMCAing Fan Projects
« Reply #1 on: July 29, 2016, 08:47:22 am »
Nintendo Ninjas are on the case and retribution will be theirs! :D

Seriously, that's just assholery of a different level.
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FAST6191

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Re: Fake Nintendo Employee discovered to be the one DMCAing Fan Projects
« Reply #2 on: July 29, 2016, 01:46:38 pm »
Meh, there have always been overzealous do-gooders.

That said " and the Dolphin emulator", I had missed that one. Also custom tracks but I tend to ignore mario kart hacking more intensely than I ignore pokemon hacking. Also if it was just things people had mirrored on dropbox and co then I would definitely have missed it.

Gideon Zhi

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Re: Fake Nintendo Employee discovered to be the one DMCAing Fan Projects
« Reply #3 on: July 29, 2016, 03:09:52 pm »
That said " and the Dolphin emulator", I had missed that one.

That's because Nintendo didn't DMCA Dolphin, Capcom did. And it was just an overzealous DMCA bot that mistakenly picked up some crap on the forums, not the emulator itself that got hit. Bad article is bad.

SleepyFist

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Re: Fake Nintendo Employee discovered to be the one DMCAing Fan Projects
« Reply #4 on: July 29, 2016, 04:18:52 pm »
He'd better stay the hell away from Mother 4.

FCandChill

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###
« Reply #5 on: July 29, 2016, 05:58:27 pm »
Comment removed because reasons...
« Last Edit: August 26, 2016, 12:59:24 am by FCandChill »

CM30

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Re: Fake Nintendo Employee discovered to be the one DMCAing Fan Projects
« Reply #6 on: July 29, 2016, 06:06:12 pm »
That's because Nintendo didn't DMCA Dolphin, Capcom did. And it was just an overzealous DMCA bot that mistakenly picked up some crap on the forums, not the emulator itself that got hit. Bad article is bad.

Thanks for mentioning that. As the person that wrote the article, I got the stuff about the Dolphin emulator DMCA notice from another site that was talking about it.

If it was actually due to a mistake by Capcom, I'll remove it from the post.
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MathUser2929

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Re: Fake Nintendo Employee discovered to be the one DMCAing Fan Projects
« Reply #7 on: July 29, 2016, 06:15:45 pm »
Remember, Nintendo ain't above DMCA takedowns. Remember they tried to sue that one guy for having a pokemon party and charging admission.
« Last Edit: July 29, 2016, 07:13:25 pm by MathUser2929 »

FAST6191

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Re: Fake Nintendo Employee discovered to be the one DMCAing Fan Projects
« Reply #8 on: July 29, 2016, 06:24:12 pm »
That was not DMCA as much as trademark which they are legally obliged to do in some cases (not sure if this counts but probably still does), many other things still do it. The most notable case study but the superbowl
http://www.sbnation.com/nfl/2014/1/29/5357684/super-bowl-2014-nfl-trademark-business
http://www.commlawblog.com/tags/super-bowl-trademark/
http://www.natlawreview.com/article/don-t-even-think-about-advertising-super-bowl-party-re-trademarks

SunGodPortal

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Re: Fake Nintendo Employee discovered to be the one DMCAing Fan Projects
« Reply #9 on: July 29, 2016, 07:26:02 pm »
Remember, Nintendo ain't above DMCA takedowns. Remember they tried to sue that one guy for having a pokemon party and charging admission.

Good. That one guy was trying to scam people by making money off of something that he had no right to charge for.
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ShadowOne333

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Re: Fake Nintendo Employee discovered to be the one DMCAing Fan Projects
« Reply #10 on: July 29, 2016, 07:57:23 pm »
He'd better stay the hell away from Mother 4.
Don't worry, by the time they actually release something Nintendo will be at the 15th Generation of consoles, making this project but a legend...  :laugh:

KingMike

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Re: Fake Nintendo Employee discovered to be the one DMCAing Fan Projects
« Reply #11 on: July 29, 2016, 08:40:10 pm »
Remember, Nintendo ain't above DMCA takedowns. Remember they tried to sue that one guy for having a pokemon party and charging admission.

I thought that was The Pokemon Company. Technically not Nintendo.
But even then I think they dropped it shortly afterwards.

(I think TPC claimed something like $4k damages. Probably almost nothing for them, so I wonder if they decided if the bad PR from that was worth it. :P )
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MathUser2929

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Re: Fake Nintendo Employee discovered to be the one DMCAing Fan Projects
« Reply #12 on: July 29, 2016, 10:14:57 pm »
Good. That one guy was trying to scam people by making money off of something that he had no right to charge for.

They just had to C & D him. Not sue him.

SunGodPortal

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Re: Fake Nintendo Employee discovered to be the one DMCAing Fan Projects
« Reply #13 on: July 29, 2016, 11:55:42 pm »
They just had to C & D him. Not sue him.

What's more threatening, a piece of paper/email saying "no, no, no" or the possibility of utter financial ruin? I bet he won't do it again and I bet very few others will either. Plus, he was trying to make money off of something that wasn't his, so fuck him. Feed him to the jackals.
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FAST6191

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Re: Fake Nintendo Employee discovered to be the one DMCAing Fan Projects
« Reply #14 on: July 30, 2016, 02:58:34 am »
I read up at the time but dropped it shortly after as it got boring, other than them trying to crowdfund legal fees/costs/fines/whatever. Hopefully nothing else came to light afterwards.

Functionally it seemed like he was hosting a LAN party, something they would be perfectly free to charge some flavour of admission for. However with it being called pokemon in the title you can then do something similar to the superbowl folks, indeed you may have to as you have to defend trademarks.
 

MathUser2929

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Re: Fake Nintendo Employee discovered to be the one DMCAing Fan Projects
« Reply #15 on: July 30, 2016, 06:35:04 am »
Yeah, being threatening did Sony alot of good when they went after hackers. I don't get why a family company needs to be threatening, anyway. He was charging 2 dollars a person, he wasn't set to make a profit. He was going to use the money to have drawings and cover costs, etc. Now he don't even want to have a party anymore, even for free. He lost money on the party every year before that tho.

jink640

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Re: Fake Nintendo Employee discovered to be the one DMCAing Fan Projects
« Reply #16 on: July 30, 2016, 07:54:17 am »
He lost money on the party every year before that tho.
Have you ever had a party? That typically happens.  :laugh:

FAST6191

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Re: Fake Nintendo Employee discovered to be the one DMCAing Fan Projects
« Reply #17 on: July 30, 2016, 08:21:09 am »
In many cases you can let people infringe upon your copyrights and patents and other intellectual property things (design rights/registered designs...) but when it comes to trademarks you are obliged to stop it when you see it/have it brought to your attention/do a reasonable amount of due diligence. If you don't then your trademark becomes generic (a process called genericide)
http://mentalfloss.com/article/56667/41-brand-names-people-use-generic-terms
http://www.businessinsider.com/trademarked-brands-that-everyone-uses-as-generic-names-2012-6?op=1&IR=T
https://en.wikipedia.org/wiki/List_of_generic_and_genericized_trademarks has a nice list of variations in countries and near misses.

As competitions/play spaces for pokemon are a thing that Nintendo/gamefreak/whatever do, as I was once told by a rather upset person when I questioned the merits of pokemon for competitive play, then it is a thing that could theoretically confuse end users.

If they had gone after him for hosting a monsters what you can get in your pocket party contest then I would have issues, this is pretty clear cut trademark stuff from where I sit. Whether I would have fired off straight away with the $4k makes this go away "fine" I do not know, it could well have been intended as a deterrent if so.

Also "family company", is that like friendly fire?

Equally on Sony, I assume this it the Sony vs Geohot stuff, probably did well enough for them as it had a bit of a chilling effect for public hacking for some people.

MathUser2929

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Re: Fake Nintendo Employee discovered to be the one DMCAing Fan Projects
« Reply #18 on: July 30, 2016, 08:54:17 am »
More like Sony vs the hacking community. They are still getting DDOS'd every christmas. Everyone got their credit card info stolen too. Lucky for me at the time I was only using sony wallet cards.

KingMike

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Re: Fake Nintendo Employee discovered to be the one DMCAing Fan Projects
« Reply #19 on: July 30, 2016, 10:49:21 am »
If they had gone after him for hosting a monsters what you can get in your pocket party contest then I would have issues, this is pretty clear cut trademark stuff from where I sit. Whether I would have fired off straight away with the $4k makes this go away "fine" I do not know, it could well have been intended as a deterrent if so.
But if it's a party based on a specific IP, then what else can you seriously call it but the actual name?
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