Konami Demands That Hardcore Gaming 101 Presents: Castlevania Book Be Removed From Sale

I could be wrong, but I think it could be about OSTs from the game - that should be licensed or at least have their permission to do it.

If it doesn't need to be licensed why remove it from sale?

Yeah, really not seeing how this would need to be licensed. It's like saying that writing a book about George Bush's presidency would need to be officially licensed by the Bush estate and/or the American government.

I'm not really surprised as he is making a profit of someone's IP (in-game pictures). But can somebody enlighten me as to why he said he doesn't need it to be licensed?

Doesn't he mean that it doesn't need to be unlicensed? That is, that he is willing to make it licensed?

XD get a lot of money to create a book without the licenses, Anyone can do this XD. Konami is saying pay the license fees and it can stay. Else we will sew you for using our IP.

Konami has been sending threatening emails to MSX dedicated blogs, asking for the removal of all the the graphic material (covers, concept art, screenshots). Maybe there is a very bored lawyer in the company with too much time to waste...

Konami is also the worst developer/publisher when it comes to their soundtracks on youtube. It's hard to find any videos with Castlevania music that aren't blocked. Konami's just digging its own grave deeper and deeper with every news covering the company.

Copy-paste from a cease and desist email from Konami sent to Konamito.es:
"We understand that you are a big fan of Konami and Hudson Soft titles, however following titles belong to us, Konami Digital Entertainment Co., Ltd. and we do not give any permission to you for use, reproduction, or alternation, etc. of artwork and game data of our contents, products or titles, needless to mention to distribute or localize these contents, products or titles.

Your website clearly constitues copyright infringement and we therefore demand for removal immediately.

We need your confirmation via e-mail after all above is removed.

Regards,
Konami Legal"

What happened, Konami? You used to be cool...

Usually legal departments do not work hand in hand with the developers of companies.
Those pencil pushers are just doing their jobs it's just standard procedure I suppose same as with a lot of Nintendo Legal issues.

And Konami making a timeline/art-book like nintendo did with Zelda would not be a bad idea and maybe they just want a cut of the books profit.

These are all speculation... I am not informed enough into the madness that is copyright law.

Fair Use. More companies should respect it.

I'm so mad at Konami right now. They have so many games they could be bringing to the Classic 3d or Virtual Console on Wii and 3ds. Its like they don't care just let old Bonks die! Which would look awesome as a classic 3d game BTW.They own all those Hudson soft titles and seem content to just let them die. Oh but let's make a big deal out of a gaming 101 book. Your heads in the wrong place Konami!

Legend has it that Konami once sent a cease & desist to a guy who dressed up as Simon Belmont for Comic Con.

I wanted one, should have picked it up weeks ago. Always wanted a castlevania book like this.

@Windy Did you know that they just released a new Bomberman game? Don't get to happy is a loveyduving iOS game that has none of fun or interesting gameplay earlier games had. I wish Konami would go bankrupt and be forced to sell IPs and hopefully Hudson Soft, so that Nintendo could get them.

I don't get their problem. If they were to make a similar book, they'd undoubtedly have access to trivia and information Kulata never could've gotten, so they could market an official Castlevania timeline book with exclusive interviews, infos, and other stuff. Instead, they just demand the book to be removed, without giving a single proper reason.
Konami should be aware that this only hurts their image in the long term, without any real benefit.

Any chance that it will come back in the future?

@Damo This is probably a snark case from Konami.

Entitlement to Fair Use is what is being done inside the book and is fully allowable as per copyright and trademark laws. If there is a cease-and-desist, then can that cease-and-desist be objected? Can you challenge the fact that one is simply "teaching and library archiving" your works, which is fully legal and allowable?

ayayayai Konami, you're in a sticky situation with this case, I don't get you... -.-

If he can't sell it (I'm assuming that's what the major issue is here), could he put the digital version online for free?

foo on you konami

Phew. I bought this last week

A company can send a cease and desist to anyone, for anything. The defendant if the have a lawyer can object to it, and then it goes to court. Sometimes a judge will throw the cease and desist out. But if he doesn't then lawyer fees alone can bankrupt him even if he wins the case.

@DarkSplatoonLink Fair use does not include profit using pictures and names that are copyrighted. This is not fair use at all. Though, to be fair, fair use is not exactly concrete and is usually determined by a judge. Konami can sue these people for profiting off their IP without permission

@cheetahman91: Probably? Taking out the selling part may make it fair use, but again it's not concrete and Konami can still stop it.

Unfortunately I think Castlevania is trademarked. Like I said, it's more of a case-by-case really. Depends on the nature and the copyright holder

It's his picture of THEIR CREATION. Of course it needs to be licensed. A lot of retro stuff gets a pass from Nintendo and other because they simply don't care about the property anymore. Like it or not, Komani has the exclusive right to exploit its own creation. It's too bad for fans (and the author), but Komani shouldn't be condemned for asserting its rights over a key franchise they have spend decades developing.

I'm sure Konami wouldn't had gone after this guy if he didn't sell this for $25 per copy or $7 per file. It's the profit that Konami wants, if the guy is profiting from contents he is getting from their work then they had every rights to go after him and get a share of those profit. If he creates them for free to share online then I'm sure Konami could give him a pass. Literally you can't profit off of other people's IP whether in the form of games, movies, books, t-shirts, clothes, emulator, shoes, toys, etc. News, reviews, and previews about the product or IP are okay, they are free advertisements and are protected by fair use but selling a product that feature IP contents you don't have the rights to are just asking for trouble.

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@retro_player_22 Why doesn't this fall into the exemption for Commentary and Criticism ? (Otherwise stuff like screenshots on Wikipedia wouldn't be allowed). There are loads of unofficial game guides (With screenshots) and if it wasn't ok then something would have happened by now legally.

Its actualy not the profitthat Konami wants, remember that the books author said this isnt licensed but that didnt need be the case. He clearly wants to work with Konami on this. Companies canbe oddly protective of their licenses, even the big N. They'll license their priperties out for the dumbest junk in the world but deny the next best application - this book possibly being a good example. For the company its about perceived marketing and brand value/recognition. A brand is so much more than a bunch of internet fans making fan products, more money than we fathom is paid simply in directing the brand with individuals hired to simplly decide ifbthe current game or product material fitsbwith that perceived notion. This book probably fell outside that.
My guess is that 2 months after release they looked it over and deemed it unfitting. There is the last caveat though that NO ONE deserrves to profit off another individual/organizations material. Imagine how much time and moneybhas been put into that series? And for just any joe schmoe to go profiteering? Thats despicable!

@unrandomsam because you dont pay (most of the time) for news. WSJ being the exceltion but still, a review is different from a deep analysis and this bookbis far more than a quick commentary - it includes music samples and is a literary work more than a 'review'

In this thread: lots of people who don't understand how intellectual property works, but feel compelled to act as experts on the topic.

@unrandomsam Screenshots and a quick summary of the content or product share is okay but if anyone is going to write an entire book on an IP revealing secrets, playthrough, maps, and a deep history of info on that product and sell it for profit then it's likely asking for trouble. Most of the time they might get away with it like you mention unofficial strategy game guides and stuff but those got away with it simply because the publisher choose not to go after them.

Not all publishers are created equal though, if they are losing profit because of people profiting off their IPs then they will go after but if the company or publisher had enough profit to dwelve on, they probably let it slide through. Usually in the case with unofficial game guides, the publisher/company had their own official game guides to market, if the official ones are selling earning them a profit, there's no reason for them to go after the people making the unofficial ones if those aren't making quite as much as the official ones. Still if they greedy they could change their mind later on too so we'll never know.

For all of you who think that this wouldn't be covered by fair use, take a moment to read this:
http://lawvibe.com/world-of-warcraft-ebook-seller-wins-case-against-blizzard/

@WaveWarlock Well Capcom haven't shutdown my Mega Man XXV tribute so far... but yes, two years and only "Monster Hunter Tri" (a enhanced Wii port) and "REsident Evil Revelations" (a enhanced 3ds port) on Wii U? I expected more.

@ModestFan93 something like that would be awesome. I have been hoping a Bonk 3D Classic would be in the works. its hard to believe they have so many of the Hudson Soft games and do nothing. there are so many people who didnt even get experience those games. if they would do like sega im sure they would make some monry

Damn it. I was going to pick it up next week (the paperback version).

Seems like a very interesting book, if it goes back on sale, I would gladly pick up a copy ^-^ Konami, instead of just telling him to stop seling the book, work with Kalata and settle some kinda agreement so hardcore Castlevania fans can pick this book up!

Konami you stink. Let him have his book. And let us have some dam games!

Using all of the in-game graphics/artwork seems like enough to make this move legit by Konami... but it's still a very disappointing announcement. This book sounded all kinds of awesome. Too bad Konami couldn't just work out a reasonable licensing deal instead of shutting the project down.

S--T

I was going to buy this when I got paid at the end of the week. Not cool, Konami.

Unless you, by cosmic chance, work with the author to improve it. Maybe I'll be able to get a used one down the line.

C'est la vie.

screw konami

@MegaAdam
Thank you, my thoughts exactly. Which is why i rarely bother to comment in these types of articles any more.

@WaLzgi Well if Konami is sending cease and desist emails like a couple of users have been saying, I'm not holding my breath.

@MegaAdam
this place has a lot of people that know a lot of nothing about a lot of things.

Konami and Capcom used to be awesome. They had one triple A title after another. Now we're lucky to get one good game a year.

@Big_Gamer that is how i read it. It doesn't need to be unlicensed if Konami wants to make somekind of deal.

@WaLzgi If challenged Fair Use needs to be proved in court, but I was under the impression that this book was offering critical commentary and such that is under Fair Use in U.S. Copyright Law. Profit has nothing to do with it, people and companies are allowed to profit off Fair Use and regularly do.

Literally just got my copy in the mail today!!!!!!!!!!! Its a good read so far, Kurt certainly knows a thing or two about the old Castlevania thats for sure.

@Windy I know it's not fair! I've never played their other non-Mario IPs. Bomberman has got to be (besides Kirby, Megaman, and Pokémon), my favorite series is Bomberman because it was what got me interested in seriously gaming due to my childhood friends. Never beat a singlegame but spent soooo much time playing Tournament and Max Blue for the GBA and Hero for the N64.
What I would love is a sequel to Bomberman Blast. Would also like another Hudson Soft Mario Party.

It seems like Konami is just being difficult here. I doubt they would win if there were to be a lawsuit.

A little off topic, but wouldn't it be amazing if Simon Belmont and Alucard were playable in Super Smash Bros.?