Nintendo's legal team has swooped in once again, filing a copyright claim on a fan-made Legend of Zelda game which has forced the project to be entirely delisted.
Well-known modder Kaze Emanuar, who has been releasing a number of unofficial Nintendo-based projects over the last few years, launched a title called 'The Missing Link' earlier this year. The game made use of the very same engine from The Legend of Zelda: Ocarina of Time, and aimed to bridge the gap between Ocarina, and later N64 title, Zelda: Majora's Mask.
The game was available from GitHub, but following the copyright claim, has since been removed. Spotted by Torrentfreak, the complaint reads as follows:
"The copyrighted works are the video games in Nintendo’s The Legend of Zelda video game franchise, including without limitation the audio-visual works, story lines, characters, and imagery in The Legend of Zelda: Ocarina of Time (U.S. Copyright Reg. No. PA0000901848), The Legend of Zelda: Majora’s Mask (U.S. Copyright Reg. No. PA0001940271), and others.
Nintendo has reviewed the reported material and does not believe it qualifies as a fair use of Nintendo’s copyright-protected work."
It goes on to ask GitHub's page to be removed, saying that it "provides access to a software file that contains an unauthorized derivative work of Nintendo's The Legend of Zelda video game franchise in violation of Nintendo's exclusive rights."
It's worth noting that the complaint only asked for the project's removal, and didn't spark a lawsuit or further trouble for the parties involved.
[source github.com, via torrentfreak.com]
Although I understand that this is Nintendo's intellectual property and they can do whatever they like with it, I still fails to understand how a fangame which is a sequel to a game released 20 years ago will in anyway hurt their brand image or sales.
Edit: I don't think there's anything that will change my stance on somewhat original fan games based older games. I do think that their line of reasoning is more valid with fan remakes or remasters. However a lot of the time these projects exist as competition whether (whether we like it or not). Take for example Super Mario 3D All Stars. It's a fine enough collection, one that I'm going to pick up myself once I can afford to. However there's still a lot of problems with it. A lot of the games were only slightly touched up on, with games like Super Mario 64 (which I completed 100% this year, legally, through the wii u virtual console) having an awful camera system that reduced my enjoyment of the game by a considerable amount. Meanwhile you have fan made works online which rectify so much issues the game has, and makes the game feel like a more polished experience. I believe in this regard Nintendo deserves the lost sales, just because of their general laziness. With a more polished rerelease of theirs (see ocarina of time 3D) you see that people will prefer to go the legal route to get it just because it is the best way to play the game (unless they use emulators, or homebrew, in which case they likely weren't going to buy the game in the first place).
Edit 2: Also as @Stocksy has stated, what Nintendo are doing with fangames would be similar to J.K. Rowling deciding to copystrike all fanfiction based on the property, for fear that it may hurt future sales for the Harry Potter books or films, or ticket sales for future Fantastic Beasts films.
@Abeedo It doesn't, Nintendo is just crazy sometimes.
@Abeedo How about this: "I tried a Zelda game once and I hated it, I won't be playing anymore Zelda games."
Suppose that one Zelda game was a fan made game and it ruined the image of the entire franchise for those who tried to play it.
@Abeedo Nintendo is extremely litigious, and follow the letter of the law more than anything. Amazing, considering how much they are avoiding anything to do with Joy-Con drift. Stop everyone else, but never solve your own problems, that's the Nintendo way, apparently.
When will people learn? If you can't come up with your own ideas you're wasting your time and if you honestly think it's in any way okay to ripp off anothers work well that's what you get.
@Crono1973 to play the "fan game" you need the original (OOT) so I doubt anyone is going to have that as their first experience of Zelda.
@Zeldafan79 Ever heard of any Capcom fan-games?
If it was good enough to get enough attention that Nintendo caught onto it then I'm definitely gonna track it down and try it. Thanks Nintendo!
@Zeldafan79 This was not a copy-and-paste of OoT or MM, it just used that game's assets. They made new environments and whatnot, so this was an original work. Don't hate something you don't understand.
Easy to find still, just downloaded both the patch and a fully patched ROM of the game. Just because the github has been removed doesn’t mean it has disappeared from the internet.
Let's just hope that Smash Flash 2 is not next! That game is great fun and I would hate to see it be taken down.
Man, wait till Nintendo finds out about the 500+ Pokemon Red versions people made.
I would of played that If it wasn't removed
Oh i understand it plenty. People wanna be game designers but they don't got the talent to come up with their own material.
Ignorant ignoramus. Kaze Emanuar is one dude. One insanely talented and dedicated dude, but one dude.
But sure, he's not talented because he used OoT assets to make his own thing. Something Nintendo definitely never did, lmao.
@Zeldafan79 No talent? He just wants to make a fun sequel to a game he loves but doesn't have a huge studio. Go make your own full game with only original assets, engine, and development tools you made yourself and then call them lazy and untalented.
@Zeldafan79 that honestly sounds like a generic response from someone who knows nothing about modding.
I'm glad that Nintendo protects its most valuable IP from inferior knock-offs so that we can enjoy quality-controlled titles that equal or better the legacy of their revered IP like Triforce Heroes, Metroid Prime Federation Force, and Animal Crossing Amiibo Festival. How could what amounts to fan-fiction possibly be better???
@Abeedo I think this is just Nintendo lashing out at how the Switch has been totally cracked open by hackers in such a way that it makes the Dreamcast look secure.
So they are legally attacking anyone who has hacked, emulated or in any way copied their IPs, in any way shape or form.
I think it's OTT but maybe if the Switch hackers chilled out on showing off how easy it was to hack the Switch wide open, then Nintendo might not have gone berserk.
I love how Nintendo focuses on fixing things they think will harm them, yet stay far away from actual important stuff, like fixing the joycons. Very anti-consumer friendly
@NGNYS Yes actually I do have experience with both original and fan projects across a variety of mediums. We're not protesting who owns the right to shut down a project, but simply stating that a fan-project is just a crutch for people who lack creativity is one of the most ignorant things you can say about the subject.
glad i got this one early.
Oh no romhacks dear God my virgin eyes! Someone put out the batsignal for Nintendo lawyers
I love how they take down a pretty harmless fan game, and yet PETA's fan games, which are pretty much slander amd harm the company more than this fangame, are still up.
Now if only Nintendo would stop allowing fan/studio spin-offs like Cadence of Hyrule and Hyrule warriors and actually make more Zelda games themselves instead.
If you have an idea for a game. Either ask Nintendo for permission to use their IP and release it on the Switch. Or create your own artwork, etc.
But do not use Nintendo's trademarks or copyrights without their permission. Or those of other developers / publishers.
@sanderev cant really do that if you aren't allowed to create something to pitch in the first place.
The fellas who made Sonic Mania might have a thing or two to say about that...
@ArcticFox You don't have to make your own development tools or engine. There are TONS of engines you can use commercially. Same goes for development tools.
Creating a game takes a lot of work. This is true for anybody who wants to make a game. So stealing from someone else is ALWAYS a BIG NO.
@DarkLloyd Games like Cadance of Hyrule and Hyrule Warriors exist. Those feature Nintendo characters but are not made by Nintendo. Sure you can see where I'm getting at?
@Jacob1092 They got permission.
Honestly, I don't mind that Nintendo shuts down fan projects, I totally get it. But where exactly is the consistency? This is one of many rom hacks out there for Nintendo games, what makes this one so special? What of the hundreds of Mario 64 hacks? Or what about the thousands of Mario World hacks? Why aren't they being targeted?
Gotta say, "The Missing Link" is a Zelda title that is just begging to be used.
In the world of literary fan-fiction is fine and left alone. In the world of movies - fan-films are fine and left alone.... in gaming....
“ItZ StEaLiNG WhEn WiLl pEopLe lEaRn!”
It really sucks fan games and mods arent treated like fan art, fan fic, Fan movie or cover versions on YouTube....
At least the ones like the Resident evil 2 one (Daymare now) led to the excellent RE2 remake. I honestly believe if it wasn’t for that project that excellent game wouldn’t exist.
Nintendo, the only company that bullies its fans when they have a little too much fun with their games.
Whether it's fangames, streamers, speedrunners or people who play their games a little bit too competetive (melee), Nintendo will actively hunt you down and make sure you'll never play their games in an "inintended way" again.
Honestly, Nintendo makes awesome games, but they really need to stop treating it's consumers like trash.
Half-Life was largely made by a bunch of Doom modders.
I think we can put the "no imagination" discussion to rest.
Here's what I don't understand about what @Abeedo and the majority of people here don't understand. When you own IP, you alone get to determine how it is used. Full stop. If some use of it doesn't harm you, it doesn't matter. If some use of it doesn't profit, it doesn't matter. Fair use situations like legitimate reporting and satire aside, the owner of IP has full and exclusive control of it, and they need not justify how they choose to do so.
Moreover, it takes all of two moments to find reasons why standard apologist arguments fail. "Will consumers really be confused?" Yes. One major problem Nintendo had in marketing the Wii U was how many people thought it was just a peripheral for the Wii and didn't realize it was an entirely new console. "Why is Nintendo bothering? It's such an old game." When they took down AM2R they were developing Samus Returns for 3DS. "Will it really cost them any sales?" In the case of AM2R again, search comment threads at this very site. You'll find plenty of people showing the same proud disdain for Nintendo you get from its fans that you're seeing in this very thread right now proclaiming that they decided to just get AM2R instead, because it was free, to stick it to Nintendo, for a number of reasons, all resulting in lost sales.
So if you don't understand? That's entirely on you. Nintendo is not responsible for educating you, and they certainly aren't required to offer their IP to you.
@Stocksy and if it wasn't for the mario rom hack community then mario maker wouldn't exist.
@sanderev to reword what i said how can you pitch an idea to nintendo if you can't make anything to demo said idea.
you can't properly demonstrate with just artwork.
i know some of them approached Nintendo for whatever idea's but not all of them.
main difference to your cites is they have prior standing, nintendo isn't going to listen an up and comer nobody for ideas.
@NGNYS Yes, they put in a lot of work, but the games were very, very successful. And is this fan-made patch (which requires a copy of the original) taking away from that? No one's saying that Nintendo didn't do a good job, in fact, anyone who wants to play this mod is a Nintendo fan who owns official systems and games. We just don't see how taking down fan mods is helping Nintendo. We love everything about Nintendo that doesn't include "DMCA" or "drift".
Instead of attacking with the legal ninjas try hiring some of these guys instead.
I understand the desire to make cool fan fiction. I don’t understand people thinking it’s okay to break the law
@JohnnyC That was my point. You can't call someone untalented because they use other tools.
@sanderev Please tell me that was sarcasm. Someone making a fan game doesn't mean Nintendo is suddenly incapable of making their own games.
Isn’t this pretty much equivalent to authors going after individuals that post fan fiction?
@JimmySpades like you said, when they don't profit of the ip or harm sales then it doesn't matter...
Fan games generally increase interest for a certain IP, bringing back old players and sometimes new ones. Many of wich will go on and check out newer entries in the series.
So I would argue it actually boost sales of newer products.
It is hard to fathom Nintendo sometimes. I have both Newer Super Mario Bros Wii & Newer Super Mario Bros for DS. These are fan made pseudo sequels seemingly endorsed by Nintendo. In Newer Super Mario Bros Wiis case, the New Super Mario Bros Wii game disc is even required in order to play it (via soft modding). Go figure!!!
If Nintendo is not seen to actively protect its IP, that very IP and trademarks etc starts to drift into the public domain and Nintendo could genuinely lose control of their trademarks and copyrights. Which is obviously bad for them. So they almost have to do it, regardless of how they actually feel about the content.
I do wish these hackers would just go back to steeling money off credit cards!
There's so many examples of some companies are more hardcore strict like Nintendo and some that are more lax on the issue. Regardless of where it falls on the spectrum (or your view) its against the law no matter what to use IP, copyrighted and/or trademarked stuff in these ways.
I look at it this way. Its technically against the law to drive 48mph on a 45mph road. Will the nearby cop monitoring that street pull you over and give you a ticket? Most likely not. However, IF the cop did though as ridiculous as it seems the officer would be following the law because it's illegal to go over 45mph. It depends on how strict that cop is. Like these companies. Some are more by the book and some not so much. Maybe I'm totally off about this but it's how I see it.
Fan: Oh, man, I can't wait to publish my Nintendo fan game I made because of how much I love the company and it's products!
Nintendo: So you have chosen... death.
(BTW, I think Nintendo is a bit salty that people were saying AM2R was better than their official Metroid 2 remake for 3ds)
I'm sure the author is talented. I'm sure the game is no real threat to Nintendo but - let's be honest - everyone knows by now that Nintendo will eventually shut down fan game projects using Nintendo characters or assets.
I guess they just want to keep things feeling "special". Fan games or projects (even incredibly professional ones) dilute the value of the brand slightly.
Of course no-one intends to make money on fan projects but if you want to make one that won't get shut down (and might potentially even be picked up) then go for a Capcom or Sega IP.
At this point anyone doing a Nintendo fan project should know they are either doing it for their own amusement or as a profile raising showpiece of their talents (or both).
@dew12333 No!! I've have credit card fraud like 3 times (totaling well over $1500) and each time it's a pain in the a$$ to deal with
Ok, i stay in my games, so i never played it before. or heard of it, if anything.
If this was really nothing more than a ROM Hack and didn't distribute the original ROM, then what is the issue? ROM Hacks happen all the time, in fact my favorite one Final Fantasy IV: Free Enterprise is great. Sorry, but it is hard to be sympathetic to Nintendo on this one.
@Abeedo it will not, but their intelectual property was involved, so...
@ALinkttPresent I don't mean to sound confrontational here, but to answer your question because the law is stupid. Technically, I can't draw a picture of Mario and put it on Twitter. I don't hold the copyright or publishing rights to depictions of that character. If I do and am not hit with a takedown order, it's only because Nintendo has decided it's not worth the effort. Or they haven't even noticed it, again, because it's not worth the effort to look.
So long as they're not for profit, I think most people's objections to this boil down to not seeing a great load of difference between what I'm sure you would agree is my harmless drawing of Mario and the fan mod that has been the subject of this action.
@Darknyht This is just a theory, but the project was (is?) offering an additional ips patch for the Wii VC version of OoT, because VC games are encrypted the ips file has no choice but to track the entire file for differences, the file they gave wasn't playable by itself but it still contained all the copyrighted VC stuff and the OoT rom itself.
i understand some people want to create their own fanbase game out of their favorite game ips but if your going to base them on nintendo ips thats just asking to be hit with copyright infringement.
@sanderev Yup, but the dev team all came from the Sonic fangame and ROM hacking community, according to Wikipedia. If Nintendo followed the Sega method we'd have had this be released on Switch by now, and I'd imagine a bunch of other Zelda games too. Just saying 🤷♂️
@Crono1973 When was the last time you saw someone refuse to play a series of games just because he didn't like a fan game from the series? That doesn't seem logical to me
Haven't played it yet, but I'm glad I downloaded the files when it first game out.
.... Ah jeez I hope I can figure out how to patch it
Let's be honest. We knew this was going to happen sooner or later.
@Abeedo ...and yet that's the logic, you can't just have people using your IP's to make whatever they want as it may damage the brand.
For example, let's say that a fan made game associated Mario with anti-sematic behavior (or similar).
Exactly, people on here rarely see the bigger picture.
@mr_benn so Disney will lose the rights to Star Wars then. Fan movies have been on YouTube for years and widely available elsewhere. Fan edits too. They don’t do a thing and this is DISNEY! But yeah Nintendo will lose its rights if it doesn’t take down fan made games
@Crono1973 did it????? Did it though??? No. So it’s a stupid point.
Whataboutisms are the stupidest form of argument.
Seriously all of the arguments on here for taking down the content are flawed by other examples.
Video games again decided to act differently from Books, Movies and Music.... the rule has always been use our stuff just don’t make money off it (well not obviously anyway and don’t do anything disgusting or illegal with the brand)
Seriously google fan fiction, fan films, cover version band....
I think Valve and Sega are some of the best companies with regards to how they handle fan games and the people that make them i.e. hire them so they'll work with them.
Pleasantly surprised comments here are not defending Nintendo. Fan-games are works of art and should be treated as such. Corporate greed will be the death of this industry.
@Crono1973 Then it would be a case by case basis. For example, with that peach hentai game that was taken down the other day, that was perfectly understandable why it was taken down. I don't think anyone could reasonably argue why that game should stay up.
However there is not offensive material (that we know of) in this fangame. So would it not make more sense for Nintendo to copystrike people on a case by case basis rather than just do it to everyone? Fangames (of the inoffensive kind) have a more of a positive effect on their audiences in my opinion as they keep people as fans of the series for a longer period, and can serve as ways to satiate hype as they wait for the next big release.
@Abeedo I think it's all or nothing. They either take them all down or they aren't protecting their IP in the eyes of the law and that could make it harder to take some of them down.
I guess I'll keep bringing up this suggestion:
Rather than try to extinguish the hard work of fans and cut off those who want to celebrate Nintendo's IP in different ways, Nintendo could create a safe harbor hosted web site for fan games.
The fan games could be clearly marked as fan-made and not officially part of the franchises and actually let people enjoy them for what they are without worry about diluting the brand or that they are not protecting their IP.
In fact, for Nintendo, it would be a type of advertising and a way to pull in players back to the official games and hardware.
Creators would have to agree to certain restrictions in order to participate, but the player base and recognition would be larger.
Eh, it's Nintendo's IP. It's their right to defend it.
In my opinion, fan modders should use their talent, resources and time into creating their own games and franchises, without risking a lawsuit. Who knows, maybe they could later actually publish their creations. Just my opinion, though.
People here always have interesting takes on this subject. IPs and all that should just be up for grabs for anyone to use? I wonder how people here would think if Nintendo used assets, characters, likeness etc. of a indie game and put it up on the eShop as a free game.
Some of the mental gymnastics folks are playing on here to justify this is quite interesting.
I will say this. I'm not sure anyone playing these fan made games based off an existing IP is going to be that confused or bamboozled to the point where they're going to use these games as an example of the quality of the series it's based on. I get the feeling these people are veteran gamers who are educated on these matters.
On that same token, I also can't totally believe the idea that a fan made game is gonna keep someone interested or engaged in a series they aren't already invested in. Either you are a fan of Mario or Zelda or you aren't. That seems to me to be a weak justification for consuming these fan made games. Again, it's based on the fact that I assume we are talking about veteran gamers here who, I assume, would be the one's seeking out and playing these games.
With that being said, I can also point out that there might be some more casual gamers who may or may not stumble upon these and and not tell the difference. Considering that scenario (and the need to just protect their IP), I can understand Nintendo being vigilant in it's actions
@TG16_IS_BAE is this sarcasm? Because I have played/purchased many Megaman fangames. Maybe I got woosh'd but I don't know if you're being serious or not.
If they aren't making money off it I don't see the problem. It takes effort to make a project like this, something we haven't seen from Nintendo lately.
@ArcticFox "it just used that game's assets. They made new environments and whatnot, so this was an original work."
By definition, using something else's assets makes it not an original work. A original work would not use the Zelda IP or assets.
the trillion-dollar corporation that wants to be the disney of gaming is Not Your Friend, i don't know how many times we need to tell you people this
and also: sampling and remixing media into something new is good, and cool, and people who are angry about it being "theft" are whiny babies who are wrong about art. thinking that everything is only worth anything when it's the Most Original version of a thing is not normal, or even how any of the media we consume works- everything is referential, all the way down
"Nintendo has reviewed the reported material and does not believe it qualifies as a fair use of Nintendo’s copyright-protected work. Nintendo has reviewed the reported material and does not believe it qualifies as a fair use of Nintendo’s copyright-protected work."
I don't think Nintendo even believes in fair use.
@MetaRyan Even if they didn't, there is no universe where this fangame would come anywhere close to being protected by a fair use defense.
@Doofenshmirtz Nintendo have been fixing joycons free of charge about as long as Switch has been out, even when they’re no longer under warranty. You literally just have to start a claim on their site and they’ll give you a free shipping label and fix it for free and send it back to you. So that’s fake news.
@Abeedo As Crono1973 mentioned, being arbitrary in selecting which infringing works get legal action and which do not can undermine claims for damages. And that doesn't even get into the issue of trademark violation, which this fan game also commits.
But to your broader question, "how does this fan game hurt Nintendo," the answer is that it hardly does... by itself. By itself, maybe it kind of competes with some hypothetical rerelease, or maybe it does things that Nintendo does not approve of for one reason or another, but at the end of the day, it's simply an innocuous passion project.
But this romhack, and other unauthorized fan projects, do not exist in a vacuum. They are drops in a veritable ocean of IP infringements, most of which lack the quality control and/or good intentions of the fan games we hear about. That ocean is what poses a threat to Nintendo's business interests.
I don’t understand the whiney, entitled, crybaby attitude of gamers. Come up with your own sh*t and start giving it away for free, if that’s your thing. But don’t act like Nintendo owes you the privilege of using their property and distributing it at will as though you somehow have ownership over it.
You don’t get to tell other people how to use the stuff they make/own, or to steal it when you don’t like the way they use it and redistribute it under your own terms. This is kindergarten-level common sense.
@CubicPirate Genuinely glad to see that at least one other person here has a conscience.
@BAN Idk if it's a conscience, so much as an understanding of IP as a concept and why this is an example of a legitimate defense.
Furthermore, I am arguably a hypocrite on this matter, as I'm actually selfishly glad that stuff like A Missing Link, AM2R, Project M, and other fan games/rom hacks have made it to the Internet before they were taken down. I know they aren't legitimate, and can potentially get the creators in some very hot water, but since the cat is already out of the bag, I may as well enjoy them.
Still, I think it's good to be honest and inform people of what this stuff entails. I imagine that it's all too easy to get caught up in a feeling of inspiration when making one of these fan projects without realizing the liability one is exposing themselves to.
@Deadlyblack @Zeldafan79 *haven't, as in * yup, both black mesa and sonic mania are fantastic and both made by fans
@AstroQuote Hey man, calm down. People can have different beliefs, doesn't mean anything is wrong with them. It's ok to have discussions and to disagree with them, but don't get aggressive and verbally attack them. That is just disgusting and plain wrong.
@SmileMan64 thing is starting out doing rom hacks can be a good learning experience before going on to do your own stuff
@ALinkttPresent That is a logical fallacy. https://www.logicallyfallacious.com/logicalfallacies/Appeal-to-the-Law
There’s really no use even stating my opinion here, seeing as everyone is just gonna attack me whichever way I swing. Would I have played this game, no. Is it disappointing Nintendo didn’t realize it’s fair use, yes.
"This not-for-profit fangame does not qualify as fair-use of our characters", the multi-billion dollar corporation says after making an entire empire and, for a short period of time, monopoly out of a blatant Popeye/Alice in Wonderland combination rip-off.
@ALinkttPresent Dude, fanfics and fangames fall under the same category when it comes to legality.
They used the OoT engine for it. Of course Nintendo was going to strike it down.
Not surprised in the slightest.
@CubicPirate You understand the fact that just because you like something that doesn’t mean you have ownership over it or a claim to it, and that’s a sign of a conscience, in my opinion. It’s one thing to say you’ve partaken in some unauthorized bootleg product even though you know it’s not a protected right to do so, but it’s profoundly irksome to me when people act like Nintendo are practically violating their civil liberties simply for observing basic IP law in relation to their own works.
@Noid Please elaborate on how you think that’s actually a cogent statement.
@Abeedo I agree with you that people do indeed have different beliefs and I also will say that we should respect them if those beliefs don't harm others. I disagree with you when you say those beliefs can't be wrong. A cult may believe that murdering children is a good thing, but ACCORDING TO YOUR LOGIC, that is just their belief and it does not mean there is anything wrong with it. But anyway, that's enough of exposing your BROKEN logic because beliefs have nothing to do with this.
This is about logic, not beliefs. He was not saying he believes in anything, he just used some broken logic and gave an example of Nintendo's horrible thought process. What's disgusting and plain wrong is that 23 people agreed with them and you came to his aid without sitting down and thinking about what he said and about what I said in response. You only focused on me cursing at the person. Wow what have you accomplished? Nothing.
I can't even find that fool's idiotic comment anymore. People should really think before they speak. Don't let cursing shake you up.
Aw man l would like to try that game
@smashandbash Nintendo isn't the one who gets to decide whether or not it's Fair Use. If this dispute were to make it into a court of law, then it would be up to the author of the romhack to establish Fair Use as a defense.
Unfortunately, this work falls well outside of the safeguards of Fair Use.
There is really NO SENSIBLE ARGUMENT for Nintendo to take down the hard work of individuals who create QUALITY fan projects of the games THEY LOVE and WITH LOVE in the name of the company they most likely grew up with and look up to.
It makes sense to take down fan projects which actually may damage the brand or make money off of the brand. That one peach porn game was a perfect example of something Nintendo should be targeting.
But fan projects like this? It makes no sense to take it down. "It's to protect our IPs" Protect them from what? From people who love your games? People who spend their free time working hard for nothing in return except the happiness of other fans and the satisfaction knowing they created something amazing? Again, protect your IPs from what exactly nintendo?
Fan projects are not available in stores. They are not available on the eshop. They are not available on your latest console Nintendo. You aren't losing a dime OR the franchise's reputation. So what's the problem?
Perhaps you are just insecure, Nintendo. Perhaps you just don't want your fans creating better things than you. That must be it. You don't want people to compare your games with fan games made with love and care instead of just with money in mind. Disgusting piece of ***** company.
One of the better things Sega does when compared to you, is recognize that fans with talent and love for their franchises can be trusted. Trusted so much that they should be allowed to work on an official release.
I dare someone to say QUALITY fan games and the people that make them are dangerous for an IP while facing a copy of Sonic Mania without looking like a waste of human life.
@AstroQuote Listen, there are people who can have different beliefs. Then there are people who are objectively wrong. If you kill people, you are objectively wrong. If you verbally or physically attack people for having different opinions, you are wrong. Even if your argument has some validity, and is technically correct, once you cross the threshold between conversation and attack, you have become wrong. Objectively. People don't like listening to harsh people who act in a rude manner. So clean up your act.
@AstroQuote "Own hard work" uses someone else's IP
"Perhaps you are just insecure, Nintendo. Perhaps you just don't want your fans creating better things than you. That must be it. "
Acting just like the AM2R fanboys to reach this type of logic.
@Yanina What fangame is that?
@NGNYS ah, the classic Nintendo White Knight, can't do anything wrong ever
It's too bad Nintendo is so afraid of those who love them the most. How can I play this game?
@TG16_IS_BAE no.and the point is make your own game instead of using a character that you didnt invent
@MrPerson0 it's called make your own game with characters you created not someone elses.
@AstroQuote You are spot on about the trust thing. Nintendo's lack of trust in their fans is disappointing.
Part of nurturing a healthy fandom is saying, "Hey, we see how much work you've done and appreciate how much you love us". Instead of bringing the hammer of doom those fans who love them the most. Does Nintendo exist WITH the fans or exist to SELL stuff to the fans? An intelligent company would at least try and create the facade of existing WITH the fans, instead of being a dark separate monolith from them.
@BAN Please elaborate on how you think that is not actually a cogent statement. Seems pretty clear to me.
I just want Nintendo to admit to selling faulty hardware (looking at you joy con) . I remember a few years ago in my country when Toyota released faulty accelerators in one of their new cars, they Recalled all of them back and repaired it for free. Not all of us can afford to keep buying joy cons, I look after mine religiously because I don’t make a lot of money, yet still it failed (twice). I have been struggling for many months with Nintendo to repair them but to no avail because I don’t stay in Japan so they don’t care. The first game I’ve ever played was The legend of Zelda, back in 1994 and I don’t think I will be able to play the latest Zelda BOTW coming out.I have given up on Nintendo now. It pains me to see all the trouble they go through to tear down fan made games but they themselves practice unlawful acts. They truly don’t care anymore...
For the those talking about "Fair Use" this doesn't qualify for it before talking about Fair Use, Copyright Infringement, Intellectual Property Legally says - maybe those saying to break it should look those Legal terms and know what they really say not what you think they say. Doesn't matter if they claim fair use but once it represents a IP icon or Branding that violates it regardless.
@Darkyoshi98 That explains a lot. Look up any Capcom fan-made Mega Man game. You’ll see that company endorses the fan game, most of the time. If not, they treat it like free advertising. Nothing wrong with making something that’s a different take than what the original creators do, especially if there’s no money involved.
I hurts their brand because it might create legal precedence if products carrying the official Zelda logo are given away for free.
Because even if the fan created product is free, the trademark holds value, and you don't just get to be an originator of a product carrying the logo without earning that right.
@DouglasJay No whoosh. I’m just saying that whenever Capcom notices a fan-made game, they either endorse the game or use it as free advertising. They celebrate it, instead of shutting them down.
@SwitchForce How is it not transformative fair use?
I could be very wrong about this. Also, just because something is the law right now doesn't mean we can't change it so that these kind of fan games are legitimate under fair use in the future. I know you are not arguing against that point, but just thought it worthwhile to being up.
US law is pretty clear --> you have to protect your IP or risk losing it. What Nintendo is doing is just what they have to do in the current business/law climate.
Here's what I'd do if it were me: Post it anyway, and then see what Nintendo can actually do legally about me posting a free fan-made mod of one of their games that I did just for fun and am letting other people try for free too. What's it really gonna do, pay its lawyers the literal hundreds to thousands of dollars they charge per day to try and get basically zero money out of me for a free fan-made mod--if they win?
I'm glad Nintendo isn't throwing a lawsuit at the guy. Maybe a job application...?
@Crono1973 If you decided your first Zelda game had to be an emulated fangame, then I don't think you'd really want to try it in the first place.
@duffmmann This one was actually good and enjoyable. Can't have that.
@JimmySpades Luckily, people are just as much in the right to get the best possible version of a game. Nobody is gonna stop them.
@BAN That's what my brother thought too, at first. He never got them fixed and threw the thing in the trash can.
Lol. I'm not surprised...
@Thirteen1355 Maybe it’s different where you live? But I live in the US and I’ve already gotten three individual joycons with stick drift repaired for free, post-warranty. Regardless, there are places that will repair drifting sticks for like $15, so throwing it in the trash is pretty stupid.
Why are you people defending a thief? If you made something and found out later that another was using your creation without your consent, you would be upset too and want it to end. Your full of it if you say otherwise. Law is law. If they don’t renew after 75 years, then anyone can do whatever they want with assets. However, it hasn’t been 75 years for this to even occur.
As for creativity, it is one thing to use assets you created in other projects. It is another entirely to steal assets from others for your own project. Create your own assets, your own story, your own engine. Otherwise, no matter how much you whine and moan, it does exhibit a lack of creativity.
Now quit pretending you are on high horses and climb down from that pile of trash everyone else sees you standing on.
Won’t be replying, but you get your last words in anyway. We all know you need those egos stroked.
@orangepanda If you’re not Nintendo or someone they’ve licensed to do so, making a Zelda game is not fair use. It’s not transformative. It’s not tribute. It’s not even a clone. It’s just obvious infringement. This is such a simple concept.
But I don’t even get why people want to die on this hill anyway. Why is it the zenith of creativity in some people’s minds to just make a fake Nintendo game? Why should we applaud this kind of mediocrity? If you’re so confident in your game design, build your own original world and characters and flog it to the masses for whatever price you want. But no creator, rich or poor, owes you the privilege of using and distributing property they created/own. It’s not about being anti-consumer, it’s about being pro-original-creator.
@Dracavius Because there’s a large subset of people who think that the law should only protect the property of the have-nots. If you’re a large company or a rich person, it doesn’t matter how honestly you came about your success or how good your contributions/products are, you’re no longer morally entitled to the simple act of retaining complete ownership over your own stuff. According to some people, anyway.
Look, I am all for fan made games, emulation and game backups but I also can't blame a corporation for protecting their IP.
This entire discussion here is irrelevant. Nintendo will still do those things, being pro or against it won't change anything. Take Two, Disney and tons of companies do similar things on their main industry. People love to cite Sega and Capcom but they forget that there's more than just two publishers in this industry, like the idiot Astrobot.
@orangepanda This mentality is one of the most idiotic out there. Companies aren't your friends and it's better that they don't try to be. Companies care only about their own bottom line, independent if they are small, medium or big.
Who do I talk to about copyright infringement? Theres a guy with ads on Facebook for a phone store called yoshi's electronics and he uses a knitted yoshi doll and a yoshi egg in his ads
@Zeldafan79 D000d, stop using Link's image and the IP name of which he is usually the star of, you're stealing Nintendo's property and using it for yourself. It's like you can't come up with your own user name or avatar. It is simply unacceptable.
@Donnerkebab The flipside of that argument is people being petty that because something is old they think they have the right to someone else's assets. They don't.
This dovetails with @JimmySpades point above. Nintendo's reasoning is irrelevant. They get to control their intellectual PROPERTY.
Could it be bad PR? Sure. Lots of people on the internet feel entitled to other people's work, and they'd prefer it free and they'll throw a hissy fit if their game/asset/video/blah blah isn't free, but that didn't change the legal justification for that position. It's still illegal.
@orangepanda There's nothing transformative when you steal IP Icons for your own benefits that's neither created or developed by yourself. As other said make your own and own design without stealing other's IP then you can consider yourself your own IP. Fans is one thing but making to benefit yourself is Stealing when you neither Created or Developed it.
Whilst I dont like whenever Nintendo does things like this and gets the lawyers involved I'm afraid that usually whenever it happen these days its is entirely the fan developers own fault- they know full well by know how Nintendo is going to react to this but still they advertise & promote the hell out of their fan project before it's even complete- what on earth do they think is going to happen?! Luckily this guys game is already online & will remain that way forever despite Nintendos objections but for any budding developers who are considering making a Nintendo fan game in the future for crying out loud keep that information to yourselves & dont promote it until the development is complete & the game is made available online! If what you produce is good enough then the game will promote itself upon release, no need to "drum up the hype" before it's even released as we all know how it's going to end up anyway.
@Zeldafan79 so much for being a zelda fan
Nintendo have every right to forcefully request the removal of a LoZ title that has been created without their approval. I always fail to understand how fans think It’s in any way uncalled for. If I had a hit entertainment franchise, which just shifted 20m+copies of its latest instalment, I’d also make sure to protect its prestige and quash attempts at adding unofficial narratives between established canon.
This is the biggest load of ***** I've ever heard. I've seen it played and even played it myself and it kinda made me love OOT and MM a bit more. It had several new things in it including an item and a boss that were original enough. ***** Nintendo for real. It's not Kazes fault some people can create some amazing things that are equally as fun with less effort. 🤷🏻♂️
@Nemesis666 I agree that companies are not our friends. However, companies try to make themselves appear as friends, so my point is that they should at least try and be consistent about things. They should either blatantly show that they are not our friends and DO take downs like this or blatantly show that they are our friends and DON'T do take downs like this.
@SwitchForce Actually thinking about this more, I am thinking it could possibly hold up for fair use. Also I'm not sure the creators are "benefiting" from their creation, so I'm not sure what you mean by that.
Interesting article on the "Fair Use Balancing Test" https://copyright.columbia.edu/basics/fair-use.html
The first factor in the Fair Use Balancing Test is the "Purpose and Character of the Use" and the fact that this is non-commercial would be to the benefit of the Missing Link creator- although, that is not the final say.
I mean this is literally a new game, but built with Nintendo's artistic assets. The 1994 Supreme Court case discussed in that NOLO.com link "focuses on whether the new work merely supersedes the objects of the original creation, or whether and to what extent it is 'transformative,' altering the original with new expression, meaning, or message."
That last bit: transformative = altering the original with new expression, meaning, or message. Watching playthroughs of it right now and I don't see how it's not adding new meaning and message (maybe not expression).
I am betting Nintendo is relying HEAVILY on factor 4 of the balancing test: "The effect of the use on the potential market for or value of the work". And I think that is very weak. I literally want to play OoT after watching these playthroughs.
The way I see it, it seems very similar to a mashup artist. They are using the artist's literal musical assets to create a new work. Unfortunately, it looks like this is currently a super gray area: "There are currently no court opinions offering any guidelines on mashups, and there are no distinct legal guidelines for determining whether or not a non-parodic work is protected under fair use." (source https://www.rocketlawyer.com/blog/mashups-and-sampling-whats-fair-use-97506).
Also, I think a nontrivial distinction is that the creator is not actually delivering a playable game- rather a patch to a game that the player must already legally own. I bet a court would have something nuanced to say about that distinction.
@Stocksy Not true, just straight up not true. Fan films can and will be shut down by the IP holders. Some IP holders like Lucasfilms was laxer on fan films (pre-Disney). However, some companies can and have shut down fan film projects just like Game Publishers do for fan games.
One of the most notable was Star Trek Axanar which got the ax by Paramount. It took years before Paramount allowed filming to resume. And that was because JJ Abrams spoke to Paramount to have the lawsuit dropped. Axanar is the exception and not the rule and once again it was because JJ Abrama spoke to Paramount and he had a vested interest in the IP through Bad Robot - https://en.wikipedia.org/wiki/Prelude_to_Axanar#Lawsuit
So don't use fan films as an example because it is a bad one and I can find stories like Axanar that had a far less pleasant conclusion. So unless a higher-up at Nintendo takes an interest in the project it is not happening. And in JAPAN IP law is way... and I mean WAY! more strict. Trash Taste talked about how slow Japanese businesses are on the uptake. And they also discussed how nasty Japanese companies are about IP laws. as Japan does not have fair use at all! To so much as show a logo you need permission to do that in Japan let alone do an original work based on an IP. - https://youtu.be/V1GUkf-RwEo
@orangepanda Ah I am missing the obvious analogy as others in the comments have already pointed out. Fan Fiction.
So the solution is to change the law. Right now the copyright holder has "exclusive right to prepare derivative works based upon [their] copyrighted work."
Change that to COMMERCIAL derivative works and I think that would be fair.
@mr_benn IANAL, but somehow, I doubt that. Nintendo's one of the most notorious companies for taking down fan projects. Sega keeps the rights to Sonic, even though they almost never take down fan projects. Only time I can remember them ever taking down a game was SOR Remake. Microsoft never takes down halo fan games, and many Halo fan servers are still up. Only one I recall them taking down was Eldewrito. All these other companies are very lax with what they take down and who they decide to sue, and it's not like any of them have lost the rights to their games. This is very much Nintendo wanting these games gone, it's not out of some sort of obligation. Unless someone with experience as a lawyer wants to correct me and tell me what all these other companies are doing differently that makes them not subject to the same rules as Nintendo.
@orangepanda Fan fiction sits in a very dubious position in copyright law. The only difference is that a major IP holder has not gone after Fan Fiction in a non-profit sense. Some authors encourage fan fiction while others DO NOT! It very much so comes down to the specific author if the fan-fiction is allowed or not in these communities.
Fan Fiction is allowed mostly because it is seen as transformative or adds to the original work in some way; if that be critique or parody. It depends on how much of the original work did the new author take or how much did the author add to the original work. If all you did was take Harry Potter and change the gender of Harry to a woman and did not change anything else all you did was change every mention of he to she then that is not transformative and would an infringing work and J. K. Rowling would be allowed to send a cease and desist. But, if by changing Harry's gender you can play with and mould the story into something new that is transformative. That and the work has to be NON-COMERCIAL.
Once again we have never had a legal battle over this kind of work so we do not have precedent. However, most authors come from a background of literature studies and taking pieces of the original works like King Arthur, Sherlock Holmes, the Knights of Charlemagne so they understand that retelling stories for a new age are how those stories remain relevant. HOWEVER! Video games are a very different medium to novels so the analogy does not really apply the same way. That and as soon as you introduce Japanese works and Japanese companies that become more difficult. As Team 4 Star has shown with Dragon Ball Abridge, Japanese companies do not care as they do not have Fair Use Laws. They were only protected through insiders at Funimation and not everyone at Funimation approved of DBZA as an example.
shrugs That's how it goes sometimes. Some companies are chill with it, others not at all. You'd think people would learn by now that Nintendo is not Capcom when it comes to fan passion projects.
@DarkLloyd I mean you CAN make a game like The Missing Link and then approach Nintendo and pitch it.
You just shouldn't be foolish enough to tell a single soul about the game or, worse, publish it on github.
That's just asking for trouble, and will get you nowhere.
Why can' there talented people create their OWN game series. Don't call it Zelda unless you want it to be taken out.
Was there a gap? Link defeats Ganon in Ocarina, at the start of Majora he goes through a portal into an alternative dimension and is trapped there, Ganon then returns and with no Link is able to destroy Hyrule and many years later Windwaker happens.
I’m not really fussed about the timeline (that’s barely a line anyway and is hardly important) but of all the games those 3 seemed pretty clear about their continuity.
Also OBVIOUSLY Nintendo would take this down!
“But it’s based on old games” Links Awakening was an old game that got a rerelease.
“But it’s free” yeah so people can just get this for free instead of buying a game.
“But Sonic Mania” yeah Sega worked with established indie developed to make that one official, it’s quite a different example.
“What harm does it do?” it could easily misrepresent the Zelda or Nintendo brand. Either through lower quality or questionable content, Nintendo don’t have time and resources to moderate all fan projects and updates to make sure they’re still on brand.
Also if they don’t shut it down they are setting precedent for all other projects. Then if one they need to take down comes up, their case is severely weakened against it as they knowingly let others carry on.
This is all common sense, all perfectly reasonable on Nintendo’s part.
@BAN Sending it to Nintendo already costs 40 from here.
When will people learn not to use Nintendo IP? All that work could have gone into making their own thing that they could have sold. As usual, this is just someone using the C&D for internet notoriety.
@Crono1973 Thank you! Finally someone understands why a company could be eager to protect its IP. There are always so many dumb posts about "Nintendo bad, rip-off good", I had lost all hope of ever seeing common sense on this website.
So many comments make no sense in this thread. Whether you are talented or not at modding, doing so with a Nintendo IP is asking to be shut down regardless of how passionate you are about a game.
I don't think it has anything to do with the gameplay, which is solid, but the storyline of trying to bridge Ocarina and Majora. The storyline of the whole franchise has been revealed slowly over 4 decades, the copyright claim is to make sure a mod doesn't suddenly become canon in the eyes of some fans who think it's better than what Nintendo had envisioned.
Considering the guy had the skill to put such a game together though, he should just ignore franchises altogether and focus on original storytelling, he's clearly got the skills for it!
Nintendo actually threatened to sue PETA if they made anymore games based off their IPs. Though I too am surprised the PETA games are still up and free to play
@Thirteen1355 some of those Mario 64 mods (especially those by Kaze Emanuar) are even more fun than this, and Nintendo hasn't shut those down.
@ArcticFox exactly, anybody that doesn't really understand what an ips,bps or xdelta is and does, needs to keep their opinions to themselves.
For the uninitiated. This was a rom hack. You need to provide your own legally dumped ROM. Sighs Yes, people will indubitably download a copy of the rom, but this (and other ROM hacks) is aimed at people that have legally dumped their rom. Next, the rom patch that kaze offered didn't offer up and assets that Nintendo created. It added to it, it rearranged what was there to begin with (within your own legal rom). They issued a copystrike for something that was technically not even their own sh*t. That's like copyrighting a color or letter.
This is in the same vein as the Super Mario 64 PC remake. That project requires you to provide your own legally dumped rom. Again, yes, people will illegally download a copy of the ROM. However, said project(s) are not aimed at those folks. It's even stated that you must use your own ROM, not to ask for it or where to get it, doing so well result in instant banning. This project does not provide you/me/us with any assets that belong to Nintendo. They provide the user with a program and set of instructions for the program to read that will deconstruct and reconstruct it (your game) into something entirely different than Nintendo's own offerings.
Lastly, the folks behind the SM64EX project know their sh*t. ie:the laws protecting them and they told Nintendo to go pound sand... And didn't need to take it down. Kaze and team clearly doesn't have an understanding of the laws protecting them and are cowering to giant N, which is effectively a digital/industrial bully. So I say this "Shame on Nintendo and shame on anyone that supports Nintendo's decisions with sh*t like this."
Nintendo isn't losing any money with this hack (or any other ROM hack; the end user NEEDS TO PROVIDE THEIR OWN rom), they're gaining even more notoriety for their IPs and showing the rest of the world that they don't care about their end users, they care only about the money. MK and MK2 anybody?
Remember how Nintendo tried to appease parents by removing blood from MK, then changed because it crippled sales? Remember shortly after that, they tried having the same "Attitude" as Sega and it just felt like the nerdy kid trying to be cool?
I'm not shaming Nintendo for running a business. No. Not even close. I'm shaming them because everything they do is for the money and themselves. Not their fans. (Joy-Con drift, anyone?) If N really wanted to make a statement, they need to go after those deceptively crappy companies in China selling emulation devices including ROMs on an SD card with their devices. Those are the people N needs to focus on. Not the people who love their IPs and hardware, (which Kaze and team, the Sm64ex team and other fangame developers clearly do). Eff-You Nint and your digital strap on you wear to bully the fans. Mic drop
My biggest hope is that this is like AM2R where Ninty takes it down because they're just months away from announcing their own version.
Otherwise, it's just Nintendo being Nintendo which would stink
@LegzRwheelz The big difference between this project and the SM64PC projects is that The Missing Link is billing itself as a fanmade midquel to Ocarina of Time and Majora's Mask, whereas Super Mario 64 pc is essentially a reverse engineering project, which has a carveout in copyright law.
To the best of my understanding (and I could be wrong on this), the fact that the fan game is packaged as a rom hack doesn't materially change the fact that it is a fan game.
But suppose I'm completely off base on this. After all, there really isn't much in the way of case law that can clarify how copyright regards game modifications. Nor is there much incentive for either companies or modders to take a gamble on the court system defining the boundary in an unfavorable way.
Anyway, even if Kaze Emanuar were able to successfully establish that The Missing Link didn't infringe on the Zelda copyright, it would almost certainly run afoul of trademark law. It's called The Legend of Zelda: The Missing Link, with the Zelda logo and everything, and that is a big no-no.
@TG16_IS_BAE You do realize Nintendo IS taking responsibility for the joycon drifts. That is why they have asked ANYONE who has any issues with the drift to send their joycons in, to be fixed completely for free, and the shipping is free as well. I say that is taking responsibility.
What people are failing to realize, is that just like anything else that is copyrighted, it's still illegal. Period. The legend of Zelda in it's entirety belongs to the Nintendo corporation.
@Brandy123001 Sure, that's a part of it. Redesigning them would be even better, and I'm hoping for that over free repairs.
Like, I get WHY these laws exist, but Nintendo really needs to ***** chill. Every time I read an in-depth report on Nintendo and their business practices in general, makes me feel sad Switch is by far my most used gaming device. Let ppl have a little fun with it, *****. Are we gonna start calling copyrights over fanfic and fan art?
Yeah, using the same engine is a big no-no even among fan games. It's no wonder it was shut down.
@Dizavid You have a point about some fan games, but this particular example goes well beyond fair use.
@LegzRwheelz None of your arguments matter when the fact remains that rom hacks on their own are even worse cases of copyright infringement than normal fan games. You simply are not allowed to re-purpose that much copy-written material for your own use (and for good reasons) no matter what. If you want a fair use exemption, then the final product has to have enough original work to avoid such plagiarism.
@Abeedo Super Mario 3d all stars has been really good to me. I ignored the complaints and the obvious weak emulation and just have been enjoying the games, however after a certain bit of news reached me, I cant help but feel mildly disappointed. Apparently, upon datamining the game, people found that the file where the "updated" textures for sunshine were stored is literally labeled "Lazy Texture Replace." The fact the devs labeled their own work they knew was going to be published that way is kinda upsetting
@Zeldafan79 you know how Undertale's creator got his start? Making Earthbound ROM hacks. Making fan games does not show a lack of creativity, If anything it is a good exercise to learn and build your skill. Sometimes it helps to use the world and rules someone else set in order to grow your own capabilities. Yes, Nintendo can take down fan games, they have complete power over their properties, however I think calling fan game makers uncreative is unfair. Even if Nintendo can take down both, I think there's definitely a big difference between a fan game, and say, that one tik tok girl that was selling pokemon shirts
@Christofu That felt more tongue in cheek on the developer end. Like an inside joke as they have seen fellow developers get called "lazy" on other HD Remasters like The Legend of Zelda Twilight Princess HD so they were probably having a bit of fun. Though they should have renamed it on release as they should have known it will be datamined.
Happy to see Nintendo defending themselves against fans who think they are so good at developing video games that they have to steal ideas from Nintendo.
@Ashunera84 Yes, but they aren't providing those assets, you have to supply your own ROM, and if you did so illegally, that's on you, not them.
That game looks more fusion of time mask and twilight to me cause of the chain.
No, Nintendo, DMCA is not an instrument.
Tap here to load 169 comments
Leave A Comment
Hold on there, you need to login to post a comment...