Nintendo Takes Down Super Mario 64 Online Videos And Creator's Patreon

expected/10.

Nintendo Being Nintendo, I don't stream or show ANYTHING nintendo related because they flag you instantly unless you are on their stupid youtube program, NO THANK YOU

Well that escaled quickly!

Im happy for that, it is nintendo IP not his,,,,take that!

I know Nintendo has to protect their ip's, but it's sad they do this knowing they have a gigantic fan base.

I'm talking about other fan projects and flagging gameplays on YouTube which is ridiculus, this project however was made by donating money via patreon so in this case I understand Nintendo their standpoint.

But in other cases it's free advertising via YouTube gameplays and fanprojects that are made without any profit should be accepted in my opinion.

But that won't ever happen, Nintendo is being Nintendo.

Another example of Nintendo being utterly stupid. They just can't accept that fans are sometimes as talented or creative as their own team when handling Nintendo games. Even as this guy said, the actual code has nothing to do with the game. Thankfully I still have a copy of the program.

They didn't take down the mod itself Just his Patreon and videos. The Patreon I can understand as you could argue he was using this to profit from the development of the mods for a Nintendo IP.

Nintendo's IP. The can do as they please. Period.

Sane comments , but one cannot take on the Big Boys in any aspect of life without their permission and expect to win.

@SansersEvers: exactly! It's incredible we see the same disregard for creator's rights going back to Napster.

Now let's just hope Nintendo had extra motivation in the form of an N64 mini!

Nintendo OWNS Mario 64 and he tried to profit off of a modified version of it. There is a reason the overwhelming majority of modding communities are non-profit by the fans only. If he wasn't trying to profit off of it, it probably would have gone under the radar. Occasionally Nintendo does take down fan projects, but the vast majority get by fine.

@SanderEvers The program communicates with an emulator, not the game. If he was selling a modification of the game you'd have a point but this is different. As far as I know, he could call it "EmuOnline" and there's nothing they'd be able to do about it.

@bluedogrulez No! No more minis! Virtual console! I do not want a pile of plug and play systems in my closet!

@bluedogrulez As awesome as it would be, I only hope that an N64 Mini tweaks the controller to include Rumble Pak and Memory Pak built-in.

So he was trying to profit from this as well? Yeah, that's a good plan there bud!

And that last tweet seems to indicate that he will continue on after all that?
I hope he like lawyers then. Not smart at all.

@Ainz By copyrights law, Nintendo has no other choice but to do this even if they don't want to. You lose the IP if you don't act.

@Fuz Good question, I was scrolling the SM64Online files though and I'm not sure exactly where the models would be located. But Nintendo probably owns the N64 "file format" or code anyways, or something like that. Not sure how law works for that, since it's kinda related to legal problems regarding emulators.

@Rayquaza2510 I don't see it as free advertising. Fan projects are usually nowhere near the quality of Nintendo's original games, so it can be bad advertising for someone who has never played any Nintendo game.

Also if the fan base only plays fan projects, they don't mean anything to Nintendo. And if they play original games, they will most likely not care about fan projects of mediocre quality, just as I do.

Everyone saw this coming except for him. Nintendo have to, aggressively, protect their IP. We all know this, be angry or outraged all you want, it's misplaced. They must protect their IP.

@SanderEvers I know that since I have a copy of it, which is why I said he could call it something else and it'd be fine.

@Godsent Somehow I doubt they'd lose their IP. Please show me where this is the case. You can't bring copyright law into a case that has no copied content. Sander is somewhat correct calling it a trademark issue.

To be fair, i'm surprised it took so long for them to do it

Honestly, good.

"Nothing can stop this!"
Nintendo stops it
"But but but but...!"

Kick their butt, Nintendo !

Nintendo is NOT Donald Trump, and we are NOT Mexico! Sony is more welcoming with the PlayStation!

It will always be in the internet. Good fun

Go Nintendo! If I made a game, I wouldn’t want other people to profit from it. I would shut it down too! Nintendo has every right to do this considering they sell Mario 64 on the eshop so even if you download a moded version you are taking money away from them.

This is so satisfying. You can't help but laugh after he was so certain it wouldn't be taken down.
Some people just have to learn the hard way.

Have Patreon accounts been taken down before in relation to mod/fangame creation? I mean, blocking downloads of the game is pretty common, and we've seen videos being taken down in the past, but taking down a Patreon seems like a lot. I wonder what this means for Nintendo IP-related fan works that are free but still make money through other means, such as Pokémon Brick Bronze.

@AndrewJ Self-entitled is redundant. Just entitled works.

Well done Nintendo, now cut his hands off so he can't do it again.

At the end of the day it's all Nintendo's fault.

Regardless of the rights and wrongs of it, he does seem rather deluded.

@Dtbahoney huh, the more you know. I also treated "entitled" as a participle and felt the need to mark the added meaning of superficially "entitling" oneself to something (usually within one's own imagination until reality kicks in). Turns out the language has already done the same by just making the word an adjective as well? Thanks for the heads-up.

Well, fewer hyphens to type on the phone keyboard, they annoy me. XD

@Dtbahoney Entitlement can be given by one person or organisation to another. Self-entitlement is when the subject deems themselves entitled. So there is a distinction.

After the recent interview quoted here at NL, the best I can do is TRY to act surprised.

Im fine with taking down the Patreon, but maybe if you like made a online version of SM64 Nintendo then fans wouldnt go all their way to provide it to the fans. I get it, you're protecting your IP and yada yada but you should take notes on what fans want instead of making fans displeased every time you C&D or shutdown YT videos. Also I have a question: What makes fan games so different from fan-art and other fan work?

@8itmap_k1d no, dictionaries suggest it's actually the way it is - the distinction is executed via separate parts of speech:

"entitled
ɪnˈtʌɪt(ə)ld
adjective
adjective: entitled
believing oneself to be inherently deserving of privileges or special treatment.
"kids who feel so entitled and think the world will revolve around them"
entitle
ɪnˈtʌɪt(ə)l,ɛnˈtʌɪt(ə)l
verb
past tense: entitled; past participle: entitled
1.
give (someone) a legal right or a just claim to receive or do something.
"employees are normally entitled to redundancy pay"

I'm glad they didn't take down the actual mod, but I feel it was sort of justified to take down the patreon. Although this is an online version of SM64, SM64 still belongs to Nintendo, so they wouldn't want others profiting off of something they created.

@Ardisan "but you should take notes on what fans want instead of making fans displeased"

Dear Lord, it never ends, does it...

@nhSnork What doesnt end exactly?

@Ardisan the mentality I've quoted. Seeing it everywhere, and another article on NL today just had it in truckloads (well, it was Sonic-themed, so I guess I should have known better before unfolding the comments).

He was a fool abusing the Patreon C&D, and the video clips you can scare those removal too. But he is actually right, if it's 100% all his code and uses nothing of their IP, their audio, their visuals, Nintendo's actual line by line code — they can't stop it. No different than their hypocritical lies about emulators being illegal yet they never get them taken down. As long as the source isn't using original material to be functional it's legit.

@nhSnork But you couldn't simply say he was entitled to use the IP, because this would imply that you are giving him the entitlement; you would have to say that he deemed himself entitled. A quicker way of writing this is self-entitlement.

hahahahahha he was very arrogant, the idea is cool etc etc, but it's nintendo IP. They do as they please.

"Nothing can sto..." Stopped!

I can send you guys the MOD files if you want

@Mart1ndo So does that mean Nintendo should remove all remixes of their music on YT, or people that make fan art of Mario or Callie and Marie but give them a different look? Im really confused here and I dont understand, please help.

Had a go with this myself with a few chums, and it was super fun. A shame, but expected...

EDIT: Just realised it's just the videos and creator's Patreon account that's been removed, not the mod itself. Okay so this is interesting!

I initially thought his "nothing can stop it" comment in the original article was being taken the wrong way and that he wasn't being arrogant but just matter-of-fact. But after reading his tweets, I feel like he is being pretty arrogant, which is not wise to do when the matters turn legal. Putting up a Patreon just smacks of trying to profit off a mod that is completely based on someone else's work, and feels like he was really taking his chances and taunting Nintendo with it, knowing full well he'd try to play the victim after getting told to C&D.

I don't know, I would hate the mark I leave in life be one of copyright infringement.

And there it is, to the surprise of no one.

At least they didn't take down the game itself this time....baby steps!

I hope these evil boogeyman fan game developers go straight to Hell!

Here's some stuff concerning Trademark Law - https://cyber.harvard.edu/metaschool/fisher/domain/tm.htm The relevant bits are in section 6, 7, & 8.

Though, this is merely an overview, since the main document is a beast. There is a clause that a trademark can be claimed if it is abandoned for 3 years and not disputed when infringement occurs.

In this case, when has Nintendo made anything relating to "Super Mario 64"? You can be sure that it is more than 3 years. Nintendo is compelled by law to address these infringements.

Honestly he could had create a whole new game out of the 24-playable character online thing. I know he wants to do something that Nintendo themselves don't have the time to do anymore but messing with copyright will mess you up big time. I appreciate his idea but c'mon he should know better that Nintendo will come to take it down sooner or later.

This was to be expected.

Thing is, if Nintendo does take the files down, at least I have it downloaded and on my computer, just like AM2R.

The only thing I don't understand about arguments that they have to fight it, if that's the case then why are so many other fan made games even with notariety not fought as hard as nintendo fights, and has there been a precedent where someone lost their IP because of this. I've not heard of one, but just curious? Copyright laws in themselves are janky as heck anyways though.

@dougphisig It is more of a formality in this case, so it isn't as severe, a slap on the wrist. If Nintendo were lax on this and ignored it, it could invite more serious infringements and endanger licencing rights and incur the abandonment clause.

Nintendo's just doing what is expected. They aren't going to lose shareholder's confidence by letting these games be.

The floodgates are open anyway. Give 'em a few years and we'll see an actual online Mario experience outside of Mario Kart.

"the thing im handing out is raw code that injects into an emulator. nothing i hand out is related to mario"
How dumb is this guy?

Edit: also, the fact that the Nintendo creator program isn't available in his country is completely irrelevant. He is using someone else's IP without their permission

Well Nintendo you know what to do . Make a Mario64 remake with online features. Just do it

I mean seriously who didn't see this coming. Nintendo is a business they aren't your best friend. If he was funding this project via partreon then yeah he technically was profiting off Nintendo's IP

@tanookisuit Nintendo never said that emulators were illegal.

Can't really charge money for sharing other people's work.

I oughta get hold of this guy for developing a new game though.

@Ardisan If people remix Nintendo's music (or anyone elses really) and plays it publicly without permission or payment you can bet there'll be trouble. Especially if they're brazen enough to say, "nothing can stop this". That's a good way to make people try harder to stop it, after all, many people love a challenge.

In terms of video games, Nintendo has drawn the line very clearly. This fan game oversteps it in three ways:

• Pushes the direction of Nintendo's IP in a way that's not in line with what they want
• Doesn't respect the creators (Asking permission goes a long way towards giving a modicum of respect)
• There is (was) a patreon page with multiple references to Nintendo's IP - This suggests that he's also making money off this project. It probably wasn't the intention but it's pretty that it's how it'll be interpreted.

This interview lays down all the ground rules:
https://www.nintendolife.com/news/2017/06/reggie_fils-aime_defends_nintendos_indie_support_and_am2r_policy

@arpaktiko The problem? This creator's project has either shut down or delayed that prospect - because the worst possible PR position for Nintendo is to announce a Super Mario 64 remake with online multiplayer soon after this. The internet is bound to paint it as Nintendo stealing a little guy's idea.

@jsty3105

Even still: Any idea that someone comes up with to improve gameplay for an existing IP can legally (and should) become the property of IP's owner. Personally, that's not something I have a problem with.

Especially since it happened to me. After Dynasty Warriors Gundam 3 was released, I posted a whole list of gameplay improvements for a sequel on a popular Koei Tecmo fansite forum. Low and behold, MANY of those suggestions wound up in its sequel, Dynasty Warriors Gundam Reborn. Since the game played so well and I don't own Dynasty Warriors nor Gundam IP, I couldn't care less about not getting credit. My reward is being able to play one of my favorite series with improved gameplay!

@CrazyMetroid You can still download it.

Kinda amazed on not only how many people easily side with Nintendo on this, but also apparently miss the fact that it isn't down, just his videos and Patreon. Feels like the opposite reaction to AM2R, but overall just a weird world. Where people are so easily able to say, "Yeah! Great job, Nintendo! Take down all fan creations and make sure they can't create again!", the same people are okay using emulators on a regular basis acting like it's a completely different thing. This mod was free (Patreon essentially is people choosing to support creators, there is a big legal hurdle there but really the mod itself does not have a price tag on it), there are several games that are able to get past the legal battle which I hope continue to such as Super Smash Flash 2 and honestly, Nintendo needing to rely on shutting down fan projects instead if giving people what is in demand is something I shake my head at. How long do you guys think it will be till Mario 64 is on the Switch, cause I'm honestly afraid to find out. End of my rant, sucks for Kaze and hope he gets something out of his hard work and as for Nintendo...Im really hoping the Switch will not become a Wii U. It's looking like it won't but if you can reply to me that Nintendo hasn't done any screw ups in the past couple years, then you've got more optimism than me.

@NinNin Yeah actually they do. https://www.nintendo.com/corp/legal.jsp#emulator

They're not entirely direct about it as they were 10 years ago, but right in there it says that and this is a quote of their Question, then Answer: "People Making Nintendo Emulators and Nintendo ROMs are Helping Publishers by Making Old Games Available that are No Longer Being Sold by the Copyright Owner. This Does Not Hurt Anyone and Allows Gamers to Play Old Favorites. What's the Problem?

The problem is that it's illegal. "

Sorry Nintendo emulators aren't illegal, court cases going back to the old Atari v Coleco days made that clear before the NES even hit the market. They also feel that once a game is removed from their media of choice, as a ROM, it is not longer an authentic game which is a very strange argument.

The moment the guy created a Patreon, he was screwed.

@tanookisuit No, they don't. You're mistaken. Nintendo doesn't say that emulators are illegal. They say downloading ROMs from the Internet is illegal. You should stop spreading misinformation.
"The introduction of emulators created to play illegally copied Nintendo software represents the greatest threat to date to the intellectual property rights of video game developers."

"Distribution of an emulator developed to play illegally copied Nintendo software hurts Nintendo's goodwill, the millions of dollars invested in research & development and marketing by Nintendo and its licensees."

"Emulators developed to play illegally copied Nintendo software promote piracy."

If you read the whole page, you should understand what they mean. Nintendo never specifically said that emulators were illegal.

As for your quote, it's out of context because you didn't include the next sentence:
"The problem is that it's illegal. Copyrights and trademarks of games are corporate assets."
It's unmistakable that they talk about games or ROMs.

If you are trying to make money from Nintendo's properties or provide alternative to a game they are selling and you don't have permission you aren't a fan.

You are competing with Nintendo using their own property and they have every right to shut you down for infringement.

@Ardisan I forgot about the hordes of people screaming for super mario 64 online before this game was announced.

Nintendo Ninjas dispensing justice once again!

He might as well have just sent a pic of his balls to Nintendo. Completely their IP. Any attempt to profit is going to get a takedown.

@cartooncreator59 People who side with Nintendo on this have generally created stuff before. People who don't have generally not created stuff before.

why does nintendo blow so much?

it's sad companies have to fall as far as SEGA to embrace their fanbase and their cream of the crop's talents

@Viendra There's been an extremely well received Mario game that released less than a month ago on Switch that was directed by a big Nintendo fan.

The Patreon page was crossing a line, but videoes should stay up. It's interesting that the reaction here is more unaminous than it was with AM2R. So many commenters here defending Nintendo from the almost no one attacking them.

And after Super Mario Maker made me believe that Nintendo was accepting and channeling the inevitability of fanworks.

@Viendra Sega doesn't have the ability to make good Sonic games. That's why they have to rely on fans. Most companies don't have to do that because they have talents. Personally, I don't think it's admirable that a company has to rely on fans. I think it's pathetic.

@NinNin And you are entitled to your opinion, no matter how cynical it may be

@Dr_Lugae yeah i just remembered that, some of those rom hacks are dope, i just meant retail wise but yeah for sure every big franchise has those. I was just saying it's nice that companies like SEGA are willing to hire people with a passion for said company's games. Nintendo is very exclusive to natives on their company hires, especially with core video game IP's. Of course you could make the same argument with Whitehead, but hey, idgaf about diversity tbh, just wish there was more equal opportunity with Nintendo. Hell I could rant for days on this, nvm lol

@Viendra Can you name a good Sonic game made by Sega in the past five years?

@Viendra SEGA also has a track record of shutting down fan projects. Just because they are more open with Sonic doesn't make them a shining example of working with fans.

It's a strategic decision - especially given that it's pretty evident SEGA doesn't have a clear direction for Sonic that resonates with fans. And the number one reason why Nintendo will possibly never do a high profile hire of someone who did a fan project is that it will immediately lead to tens of thousands (probably hundreds of thousands really) of people launching to do the same thing.

And that's not part of Nintendo's strategy and is the exact opposite of what they want. They don't want an explosion in the number of fan projects and they certainly down't want bottom of the barrel fan projects that will inevitably occur (they already exist in the site which had 500 games taken down).

I knew it was over also.. @Viendra why you gumshoe??