Scenario 7 probably fits this situation best. Thing is the author was not using any official media and the fact that these were game guides puts them in the educational category. Making a profit is not the only test for copyright violation and that is something that seems to be lost on people. In the same way people seem to think that they can have ROMs if they aren't using them for profit. Profit or no profit are not "necessarily" measures of fair use
@jsty3105 There is an unofficial game guide on Amazon for Link's Awakening that uses the box cover game art as the front and back cover. Please do a bit of research before making assertions. A game guide is educational and absolutely covered by fair use. Using his own illustrations instead of "official" art would actually insulate him even more. Nintendo is just a bully.
Just educate yourself about their lawsuits in the 80s and 90s against video stores. They asserted all sorts of protections back then that were absolutely not legally entitled to.
@jsty3105 No, they didn't. People misunderstood a promise that Sony made about "launch titles." Sony, decided it was better to listen to their users than spend a bunch of time questioning their reading comprehension.
Go to Amazon, look up "unofficial" game guides, and come back here and explain why this is substantively different. You can't because it isn't. Nintendo gets away with it because they are bullies, because their fans are pushovers, and no one wants to spend years in litigation over "fair use" with a company that will attempt to bankrupt them.
@Frailbay30 Do you think Robot Chicken asks permission everytime they used Nintendo characters in one of their sketches? How about all the Sonic fan games? Or the Skyrim mods? How about all those "unofficial" game guides? Nope, Nintendo is bullying the "little people" because they can. Stop defending them, they have lawyers for that.
@Fangleman32 Nintendo's boots must be made out of chocolate the way their fans love to licks them. Contrast this with the Horizon fiasco where Sony reversed course on a decision because the fans didn't like it. You never see that kind of engagement from Nintendo fans.
The GB rumors are 100% true. I have it on good authority that they will launch a week after Persona 5 hits the Switch and a week before the release of the Switch pro.
@Whitestrider The right thing would have been to review the game as a broken mess. Not state that they are going to wait until they can lavish undue praise on it. It's like a teacher waiting to grade their final exam because the student got all the answers wrong and they're going to wait until they get them all right.
@gaga64 Whataboutism is not a defense. You review the game that was released. If a patch significantly improves the experience, you can update the review. You don't wait to review the game until it becomes the game you want it to be. Would have been smarter to just wait and review the game and not mention this at all because it's a huge hit to the site's / reviewer's credibility. Not that Nintendolife has much credibility to begin with.
@HolyGeez03 Exactly this. The game is a mess and should be reviewed as such. Nintendolife is putting their thumb on the scale and it really comes across as them wanting to review it well instead of reviewing it honestly. Bad ethics.
@BloodNinja Exactly! Nintendo has been on auto pilot for years churning out bland iterations of their popular franchises with less content than previous games. The Switch is so underpowered that Nintendo fans are guaranteed the worst version of every release. The Steam Deck will let everyone play all the indies that no one really cares about and all the third party games that never hit the Switch.
@SortingHat Apparently, mine doesn't speak loud enough. I haven't bought a game since the WiiU and Nintendo still hasn't put out anything that feels like they put any effort into it. The Switch is in competition with the Vita for my biggest console mistake at this point.
@JaxonH Simply put... If I have a choice to play a game at 60 fps or 30 fps, I'm going with 60. And yes, there is a very noticeable difference between the two framerates. especially when you are playing a game that requires twitch reflexes.
Finally, the traitorous critic is one of the weakest logical fallacies, but you already strawmanned me, so I won't even bother with your personal incredulity fallacy.
Did anyone really need to wait for a review score to figure out this was a low effort cash grab? Even Famitsu didn't want to carry Nintendo's water on this one.
Really loved the original until I discovered the AI prioritizes transports. I just spammed empty ones and watched as the AI attacked those while I dominated the rest of the map
Sad the Switch is such a wasteland that articles have to be written about games that "might" come to the Switch instead of games that "are coming" to the Switch. Happens every generation because Nintendo can't seem to build a competitive console.
Can't help but think this comment section would have gone better without the first paragraph editorial statement. I couldn't care less about the furry community (to each their own), but putting people on the defensive for finding something unusual unusual is not the best way of getting people to be open-minded.
@TheFrenchiestFry Yes, I know that the Gamecube was powerful, but Nintendo negated the power by insisting on those stupid mini discs. Nintendo needs to focus on a powerful, industry standard console or just go third party. They just don't have enough games to sustain a console on their own. People are going to get tired of their re-released, mobile hand-me-down, gimped port console approach the same way they got tired of the Wii.
@NoxAeturnus My critical opinion doesn't matter at all, but having taught writing for 15 years, I feel comfortable giving it. Kate is a good writer, but she could be a great writer with a good editor.
Six paragraphs to get to the point. A bit of an improvement. You really should cut the first two paragraphs and start at "I've always assumed..." You represent the re-play argument while Liam represents team move-on. The books are immaterial to the discussion and are nothing more than a charming anecdote. This is too short an essay to spend so much time on an aside.
Sad that there is so little news that the site had to report on games that haven't even been announced for Switch. Nintendo really needs to focus on a new console that is equal to (or more powerful than) the PS5 / Xbox Series X. They just don't produce enough games on their own and there is only so many times they can cannibalize their back catalog before people get bored and move on.
There is always a "but" when talking about the Switch. Saw it with the WiiU and the Wii and the Gamecube and the N64. 95% (maybe higher) of third party games never make it to the Nintendo console. Not because developers are lazy, but because Nintendo focuses on gimmicks and builds consoles that are horribly underpowered.
I've read the article twice and still can't find the exciting games. I see a few interesting games that will be better on other systems because Switch is underpowered, but I don't see any exciting games.
Comments 329
Re: Hand-Drawn Game Guide Kickstarter Taken Down Following "Legal Trouble"
@jsty3105
https://www.thebookdesigner.com/2010/02/what-every-writer-ought-to-know-about-fair-use-and-copyright/
Scenario 7 probably fits this situation best. Thing is the author was not using any official media and the fact that these were game guides puts them in the educational category. Making a profit is not the only test for copyright violation and that is something that seems to be lost on people. In the same way people seem to think that they can have ROMs if they aren't using them for profit. Profit or no profit are not "necessarily" measures of fair use
Re: Hand-Drawn Game Guide Kickstarter Taken Down Following "Legal Trouble"
@jsty3105 There is an unofficial game guide on Amazon for Link's Awakening that uses the box cover game art as the front and back cover. Please do a bit of research before making assertions. A game guide is educational and absolutely covered by fair use. Using his own illustrations instead of "official" art would actually insulate him even more. Nintendo is just a bully.
Just educate yourself about their lawsuits in the 80s and 90s against video stores. They asserted all sorts of protections back then that were absolutely not legally entitled to.
Re: Hand-Drawn Game Guide Kickstarter Taken Down Following "Legal Trouble"
@jsty3105 No, they didn't. People misunderstood a promise that Sony made about "launch titles." Sony, decided it was better to listen to their users than spend a bunch of time questioning their reading comprehension.
Go to Amazon, look up "unofficial" game guides, and come back here and explain why this is substantively different. You can't because it isn't. Nintendo gets away with it because they are bullies, because their fans are pushovers, and no one wants to spend years in litigation over "fair use" with a company that will attempt to bankrupt them.
Re: Hand-Drawn Game Guide Kickstarter Taken Down Following "Legal Trouble"
@Frailbay30 Do you think Robot Chicken asks permission everytime they used Nintendo characters in one of their sketches? How about all the Sonic fan games? Or the Skyrim mods? How about all those "unofficial" game guides? Nope, Nintendo is bullying the "little people" because they can. Stop defending them, they have lawyers for that.
Re: Hand-Drawn Game Guide Kickstarter Taken Down Following "Legal Trouble"
@Fangleman32 Nintendo's boots must be made out of chocolate the way their fans love to licks them. Contrast this with the Horizon fiasco where Sony reversed course on a decision because the fans didn't like it. You never see that kind of engagement from Nintendo fans.
Re: Rumour: Nintendo Will Expand Its Switch Online Service With Game Boy And Game Boy Color Titles
The GB rumors are 100% true. I have it on good authority that they will launch a week after Persona 5 hits the Switch and a week before the release of the Switch pro.
Re: Site News: So, Where's Our Baldo Review?
@Whitestrider The right thing would have been to review the game as a broken mess. Not state that they are going to wait until they can lavish undue praise on it. It's like a teacher waiting to grade their final exam because the student got all the answers wrong and they're going to wait until they get them all right.
Re: Site News: So, Where's Our Baldo Review?
@K1LLEGAL It's an unplayable mess. 2 out of 10. There's your review.
Re: Site News: So, Where's Our Baldo Review?
@gaga64 Whataboutism is not a defense. You review the game that was released. If a patch significantly improves the experience, you can update the review. You don't wait to review the game until it becomes the game you want it to be. Would have been smarter to just wait and review the game and not mention this at all because it's a huge hit to the site's / reviewer's credibility. Not that Nintendolife has much credibility to begin with.
Re: Site News: So, Where's Our Baldo Review?
@HolyGeez03 Exactly this. The game is a mess and should be reviewed as such. Nintendolife is putting their thumb on the scale and it really comes across as them wanting to review it well instead of reviewing it honestly. Bad ethics.
Re: Zelda: Breath Of The Wild 'Second Wind' Expansion Mod Adds Age Of Calamity Boss And Mammoths
@smithyo Felt the same way after four hours. Never went back. Never will.
Re: Reminder: Unlock A Zelda: Skyward Sword HD Theme In Tetris 99's 23rd Maximus Cup
I didn't know you could download themes on the Switch. Where have I been?
Re: Soapbox: Playdate Sold Out In 20 Minutes - Is It Time For A New Nintendo Handheld?
@BloodNinja Amazing how to the Switch is either a dedicated handheld or console depending on what argument the poster is attempting to win.
Re: Soapbox: Playdate Sold Out In 20 Minutes - Is It Time For A New Nintendo Handheld?
@BloodNinja Not to mention that the article is way too long.
Re: Feature: Nintendo Life eShop Selects - July 2021
All available on other systems where you probably get better graphics and fewer frame drops and slow down.
Re: You Can Now Pre-Order Sonic Colors: Ultimate On The Switch eShop
@anoyonmus it's missing half the frames.
Re: You Can Now Pre-Order Sonic Colors: Ultimate On The Switch eShop
Is it cheaper on Switch than the PS4 version? Should be since it will be the worst version.
Re: Valve Responds To 'Switch Vs Steam Deck' Comparisons, Insists It's "Going After" A Different Audience
@6thHorizon It isn't competing with the Switch because the Switch is too underpowered to be considered competition.
Re: Valve Responds To 'Switch Vs Steam Deck' Comparisons, Insists It's "Going After" A Different Audience
@BloodNinja Exactly! Nintendo has been on auto pilot for years churning out bland iterations of their popular franchises with less content than previous games. The Switch is so underpowered that Nintendo fans are guaranteed the worst version of every release. The Steam Deck will let everyone play all the indies that no one really cares about and all the third party games that never hit the Switch.
Re: Nintendo Expands Its Switch Online SNES Service With Three More Titles
@BloodNinja Not for at least a decade.
Re: Random: 'Switch Vs Steam Deck' Memes Are A Thing Now, Apparently
@Savino Steam Deck will probably have all the Metroids. Even the ones that Nintendo refuses to release on Switch.
Re: Random: 'Switch Vs Steam Deck' Memes Are A Thing Now, Apparently
@BloodNinja Switch games will finally be playable without frame drops and slowdown. Nintendo really should just go third party and focus on software.
Re: Valve's Steam Deck Might Be The Closest We'll Get To A Switch Pro In 2021
Sony released more powerful consoles than Nintendo and Nintendo laughed all the way to the bank.
Will this device finally knock Nintendo off their high horse?
Shakes magic 8 ball
"Ask again later."
Re: Review: The Legend of Zelda: Skyward Sword HD - A Remaster That Truly Soars
@BloodNinja Because Nintendo.
Re: Feature: Treasure Games That Need Switch Ports Or Sequels
@Tipehtfomottob it's available on the Sega Genesis collection.
Re: Nintendo Plugs Its NSO Zelda Games Ahead Of Skyward Sword HD's Release
@SortingHat Apparently, mine doesn't speak loud enough. I haven't bought a game since the WiiU and Nintendo still hasn't put out anything that feels like they put any effort into it. The Switch is in competition with the Vita for my biggest console mistake at this point.
Re: Nintendo Plugs Its NSO Zelda Games Ahead Of Skyward Sword HD's Release
At some point Nintendo needs to do more than keep regurgitating the same thirty year old games. They have a long history, but they ignore most of it.
Re: Best Tony Hawk Games Of All Time
@JaxonH Simply put... If I have a choice to play a game at 60 fps or 30 fps, I'm going with 60. And yes, there is a very noticeable difference between the two framerates. especially when you are playing a game that requires twitch reflexes.
Finally, the traitorous critic is one of the weakest logical fallacies, but you already strawmanned me, so I won't even bother with your personal incredulity fallacy.
Re: Best Tony Hawk Games Of All Time
@Rosona i have it on PS5 at 60fps. Thought it might be fun portable, but not at half the framerate.
Re: Best Tony Hawk Games Of All Time
THPS 1+2 on Switch is only 30 fps. Hard pass.
Re: Review: Disgaea 6: Defiance of Destiny - A Series High Point, Just Not For Performance
A switch game with bad framerate? I'm shocked.
Re: Random: Fan Theory About Possible Nintendo Reveal Debunked By 20-Year-Old Magazine Article
When Nintendo is involved, always assume that nothing is planned and you'll never be disappointed.
Re: Review: Mario Golf: Super Rush - A Solid Swing, But Par For The Course
As predicted - low effort cash grab. If sycophantic Nintendolife gives it a 7, it's really a 5 or 6.
Re: The First Review For Mario Golf: Super Rush Is Now In
Did anyone really need to wait for a review score to figure out this was a low effort cash grab? Even Famitsu didn't want to carry Nintendo's water on this one.
Re: Video: Advance Wars 1+2: Re-Boot Camp Switch Vs. GBA Comparison
Really loved the original until I discovered the AI prioritizes transports. I just spammed empty ones and watched as the AI attacked those while I dominated the rest of the map
Re: Video: Advance Wars 1+2: Re-Boot Camp Switch Vs. GBA Comparison
Does Nintendo release new games anymore or is everything just a dusted off rehash?
Re: Doug Bowser Responds To Reports About "Upgraded Switch Replacement" (Again)
Yes, Nintendo is always looking at new technology. The problem is that they're always looking at technology that is 10 years out of date.
Re: SacriFire Looks A Lot Like Octopath Traveler, And It Could Be Coming To Switch
Sad the Switch is such a wasteland that articles have to be written about games that "might" come to the Switch instead of games that "are coming" to the Switch. Happens every generation because Nintendo can't seem to build a competitive console.
Re: Review: Winds of Change - A Polished, Absorbing, Animal-Filled Visual Novel
Can't help but think this comment section would have gone better without the first paragraph editorial statement. I couldn't care less about the furry community (to each their own), but putting people on the defensive for finding something unusual unusual is not the best way of getting people to be open-minded.
Re: Talking Point: Do You Replay Games?
@Maxz And I see it as a cake that has more frosting than cake. The frosting might be delicious, but it's just a bunch of air and sugar.
Re: Nier Replicant Datamine Hints At Switch Plans
@TheFrenchiestFry Yes, I know that the Gamecube was powerful, but Nintendo negated the power by insisting on those stupid mini discs. Nintendo needs to focus on a powerful, industry standard console or just go third party. They just don't have enough games to sustain a console on their own. People are going to get tired of their re-released, mobile hand-me-down, gimped port console approach the same way they got tired of the Wii.
Re: Talking Point: Do You Replay Games?
@NoxAeturnus My critical opinion doesn't matter at all, but having taught writing for 15 years, I feel comfortable giving it. Kate is a good writer, but she could be a great writer with a good editor.
Re: Talking Point: Do You Replay Games?
@Kate Gray
Six paragraphs to get to the point. A bit of an improvement. You really should cut the first two paragraphs and start at "I've always assumed..." You represent the re-play argument while Liam represents team move-on. The books are immaterial to the discussion and are nothing more than a charming anecdote. This is too short an essay to spend so much time on an aside.
Re: Two Point Campus Appears On Microsoft Store, And It Looks Rather Bonkers
Sad that there is so little news that the site had to report on games that haven't even been announced for Switch. Nintendo really needs to focus on a new console that is equal to (or more powerful than) the PS5 / Xbox Series X. They just don't produce enough games on their own and there is only so many times they can cannibalize their back catalog before people get bored and move on.
Re: Nier Replicant Datamine Hints At Switch Plans
There is always a "but" when talking about the Switch. Saw it with the WiiU and the Wii and the Gamecube and the N64. 95% (maybe higher) of third party games never make it to the Nintendo console. Not because developers are lazy, but because Nintendo focuses on gimmicks and builds consoles that are horribly underpowered.
Re: Random: Nintendo Of America's President Doug Bowser Is An Extreme Dude
How about less vacation and more game making.
Re: Smash Bros. Ultimate And Splatoon 2 Become Officially Recognised Varsity Sports In US Schools
Because American kids aren't fat enough. Take the actual sport out of sports.
Re: Sonic Origins Spin Dashes To "The Latest Platforms" Next Year
@RhiannonRune Sega learned from Nintendo. Releasing the same tired games again and again and again.
Re: Nintendo Reminds Us The Switch Online Service Now Has Over 100 Classic Games
Classic? They mean ancient.
Re: Video: 14 Exciting New Games Coming To Nintendo Switch In June
I've read the article twice and still can't find the exciting games. I see a few interesting games that will be better on other systems because Switch is underpowered, but I don't see any exciting games.