I have this reserved and I'm cautiously optimistic. However, if it comes to light that the Wii U version is gimped in comparison to the other versions I'm cancelling my reservation and not buying any version.
It wouldn't be trademark coming into play here, it would (if anything) be copyright. Among the many rights copyright provides is the right to create "derivative works" (works that are "based upon" an existing work...quite the ambiguous definition). Thus, depending on how many of the game's (artistically) creative elements are imitated, this right could possibly come into play.
The basic idea of having a flying creature dodging pipes and crap though would probably be an "idea" as opposed to an artistically creative element. Otherwise, on that logic, almost every early platformer would have been deemed to infringe Mario Bros lol
"It could cause some frowns among Nintendo's long-suffering shareholders"
Considering that there have been articles about how a good number of Nintendo's shareholders don't play video games and/or favor ridiculous predatory pricing practices like having consumers pay for Mario to "jump a little higher," the shareholders can go jump in a Bowser's Castle lake of lava as far as I'm concerned.
What I'm really hoping is that mature games coming out for and tailored to the Wii U, such as Bayonetta 2, Devil's Third, Xenoblade Chronicles X, etc. do really well. If they're a big commercial success, then this will hopefully cause third parties to backpedal a bit on distancing themselves from the Wii U. We can only hope...sales momentum remains strong after Nintendo's successful E3 and Gamescon.
Despite Nintendo's loss this quarter, I'm very optimistic for the future and feel that, after the holiday season, the Wii U will have enough momentum to be and remain successful, and that the 3ds will continue to be successful, and here's why.
(1) The Wii U gained a good deal of momentum this quarter, and is likely to continue to gain more through the holiday season and early 2015. Smash, Zelda, and Bayonetta, in particularly, are likely to be system sellers, and if they increase attach rates as Mario Kart 8 did, the Wii U will probably be nearing the "magic 10 million mark" by the end of 2015. Will it reach it? probably not, but I think it will at least hit 9 million.
(2) Nintendo appears to have recognized its marketing failures of the past. Marketing for Mario Kart 8 was very well done (with cross promotions with McDonalds, Mercedes, tv commercials, etc.), and I'm convinced it contributed to the game's success. Nintendo appears to be carrying out an equally aggressive marketing campaign for Hyrule Warriors, and is likely to continue campaigning for key titles in the future.
(3) Nintendo consolidated its R&D departments for portable and console technology and is likely to introduce new technologies that make use of 3ds/Wii U interactivity. Amiibo is only one example. Nintendo is likely to implement features that make it possible to unlock features of various games with this interactivity, which is likely to encourage people with only the 3ds or only the Wii U to buy the other system. Plus, Nintendo will be making sales from the sale of the Amiibo figures.
(4) Consumer confidence in Nintendo remains high after this year's E3, with many publications declaring that Nintendo "won"
(5) Nintendo is slowly, but surely, improving its online capabilities (although it still has a ways to go).
(6) While the 3ds has fewer titles coming out in the near future, those titles are likely to be successful. Pokemon games always sell well and have great attach rates, and Fantasy Life is likely to be as successful, if not more, than Dragon Quest IX
All of the above being said, I believe Nintendo still lacks the manpower to churn out HD titles at a respectible rate, and without dragging resources out of producing games for the 3ds. nintendo either needs to buy more studios or recruit some more outside developers to help with production.
I was skeptical when I first heard the announcement, but the more I've heard, the more I've looked forward to this game's release. This video settles it, I'm gonna pre-order.
WHY WON'T THEY RELEASE THIS IN THE STATES!?!?! Definitely would be worth my $15/month (moreso than Elder Scrolls Online, which has been a major disappointment so far)
Really the burden should be on the developer to post gameplay videos, screenshots, statistics, etc. about the game, and on the prospective buyer to read those and make a decision. This is how it works on Kickstarter, where there is even more money being thrown around than just the price of a digital game.
Really, if a developer provides nothing but a vague description of the game and a couple screenshots, then you shouldn't buy it.
On a side note, I am very, very disappointed at the lack of special distribution events outside Japan, generally. We have three reported legendaries, and even though one has been announced (Diancie) we still have no way to get ANY of them. We also have never had a legit event (to my knowledge) for Arceus. It's ridiculous because the pokemon fanbase outside Japan is at least as large as the Japanese fanbase.
It don't know why so many people are bashing this game, it looks really fun. The developers have been upfront about the fact that this is a spinoff and non-traditional Sonic experience and, for the most part, the gameplay and cooperative-play mechanics look like a blast. The only criticism I have is that the enerbeam doesn't seem to be used all that creatively, but we've only seen a little of the game.
I don't really see this as much different from when certain game designers/publishers have included content completely unrelated to the game, but perhaps relevant for the platform, in the game. That's basically "advertising/product placement" right there.
Some instances I can think of at the top of my head
Mario/Zelda costumes in Tekken Tag Tournament 2
Samus/Peach/Zelda costumes in the upcoming Bayonetta 2
Kratos in Mortal Kombat 9
Link in Soul Calibur 2
Spawn in Soul Calibur 2
Zelda and Yoshi levels in Sonic Lost World
If people aren't really bothered by these, I don't see how including a product/feature related to something NOT part of the video game industry can get people so riled up. Would one's experience playing Fallout, for example, really be any different if the Nuka Cola bottle caps were actually Coca Cola bottle caps?
My personal feeling is that these things don't bother me as long as they're optional. I would feel differently, however, if some more relevant bundle required accepting product placement. I.e., I'd be pretty pissed if a DLC package containing 4 new characters all contained code that would change all the signage to McDonalds signs or something.
Phillips = worthless patent trolls in this case. Part of the reason I'm proud to practice trademark law as opposed to patent law in the U.S. The latter is a complete mess, and the America Invents Act, which changes things from "first to file" to "first to invent" has just made things worse. Fortunately, it has also opened up some other avenues to challenge the validity of some patents, which I hope Nintendo uses in its U.S. litigation.
I'm sick and tired of people demanding that a price cut or bundle without the gamepad is the way to go here. Nintendo does have to try and make the console profitable, and cutting the price too much would also send the wrong message. The WiiU is definitely worth its current price and, while it doesn't have the graphical capabilities of the other two systems, it is the most innovative video game system on the market with the greatest selection of exclusive and indie games.
What Nintendo should do is have more promotions like the "1 free game" promotion for Mario Kart 8. I have a strong suspicion that that promotion was, at least in part, what got so many to go out and buy the game. If Nintendo did something like this with each new game on day 1, each major release would be a blockbuster.
It doesn't even have to be a full retail game. It could be 1-2 virtual console games, or an indie game of some sort. In fact, having this kind of promotion with indie games could help market them.
Comments 171
Re: Impending Japanese Launch Of Super Smash Bros. For Nintendo 3DS Brings New Character Reveals
I want me some ice climbers
Re: Nintendo Confirms Week Two Details for Super Smashing eShop Sale
WHY IS OCARINA OF TIME 3D NOT ON HERE!?!?!
Re: Watch Dogs Wii U Release Dates Confirmed
I have this reserved and I'm cautiously optimistic. However, if it comes to light that the Wii U version is gimped in comparison to the other versions I'm cancelling my reservation and not buying any version.
Re: LEGO Batman 3: Beyond Gotham DLC Season Pass is Skipping Wii U
wtf? Is there something about the eshop that makes it more cumbersome to release DLC or something?
Re: From the Forum: To Buy or Not to Buy? SPIKEY WALLS Fires Debate as Developer Defends Project
@Artwark @IxC
It wouldn't be trademark coming into play here, it would (if anything) be copyright. Among the many rights copyright provides is the right to create "derivative works" (works that are "based upon" an existing work...quite the ambiguous definition). Thus, depending on how many of the game's (artistically) creative elements are imitated, this right could possibly come into play.
The basic idea of having a flying creature dodging pipes and crap though would probably be an "idea" as opposed to an artistically creative element. Otherwise, on that logic, almost every early platformer would have been deemed to infringe Mario Bros lol
Re: Shigeru Miyamoto Confidently Outlines Nintendo's Move From Casual To Core
"It could cause some frowns among Nintendo's long-suffering shareholders"
Considering that there have been articles about how a good number of Nintendo's shareholders don't play video games and/or favor ridiculous predatory pricing practices like having consumers pay for Mario to "jump a little higher," the shareholders can go jump in a Bowser's Castle lake of lava as far as I'm concerned.
Re: Activision Confirms That Call of Duty: Advanced Warfare is Skipping Wii U
What I'm really hoping is that mature games coming out for and tailored to the Wii U, such as Bayonetta 2, Devil's Third, Xenoblade Chronicles X, etc. do really well. If they're a big commercial success, then this will hopefully cause third parties to backpedal a bit on distancing themselves from the Wii U. We can only hope...sales momentum remains strong after Nintendo's successful E3 and Gamescon.
Re: Capcom Releases Phoenix Wright: Ace Attorney - Dual Destinies on iOS, at a Lower Price
The IOS and mobile market--diluting the value and prestige of games everywhere.
Re: System Update 8.1.0-19 Now Available on 3DS
I feel the stability running through my veins!!
Re: Capcom Is Remastering The GameCube Resident Evil, But It's Not Coming To Wii U
Mad at Capcom for doing this, but we have the Wii version playable in Wii mode at least.
Re: The Club Nintendo Reward Details Are In For August
Great selection! Though considering how much we have to spend to get these it would be nice if the coin price was cheaper...
Re: You Won't Be Able To Cross Swords Online In Hyrule Warriors
@AndyWARbear
I second this statement
Re: Reaction: Nintendo's Drop in Momentum Is A Bigger Concern Than Initial Financial Losses
Despite Nintendo's loss this quarter, I'm very optimistic for the future and feel that, after the holiday season, the Wii U will have enough momentum to be and remain successful, and that the 3ds will continue to be successful, and here's why.
(1) The Wii U gained a good deal of momentum this quarter, and is likely to continue to gain more through the holiday season and early 2015. Smash, Zelda, and Bayonetta, in particularly, are likely to be system sellers, and if they increase attach rates as Mario Kart 8 did, the Wii U will probably be nearing the "magic 10 million mark" by the end of 2015. Will it reach it? probably not, but I think it will at least hit 9 million.
(2) Nintendo appears to have recognized its marketing failures of the past. Marketing for Mario Kart 8 was very well done (with cross promotions with McDonalds, Mercedes, tv commercials, etc.), and I'm convinced it contributed to the game's success. Nintendo appears to be carrying out an equally aggressive marketing campaign for Hyrule Warriors, and is likely to continue campaigning for key titles in the future.
(3) Nintendo consolidated its R&D departments for portable and console technology and is likely to introduce new technologies that make use of 3ds/Wii U interactivity. Amiibo is only one example. Nintendo is likely to implement features that make it possible to unlock features of various games with this interactivity, which is likely to encourage people with only the 3ds or only the Wii U to buy the other system. Plus, Nintendo will be making sales from the sale of the Amiibo figures.
(4) Consumer confidence in Nintendo remains high after this year's E3, with many publications declaring that Nintendo "won"
(5) Nintendo is slowly, but surely, improving its online capabilities (although it still has a ways to go).
(6) While the 3ds has fewer titles coming out in the near future, those titles are likely to be successful. Pokemon games always sell well and have great attach rates, and Fantasy Life is likely to be as successful, if not more, than Dragon Quest IX
All of the above being said, I believe Nintendo still lacks the manpower to churn out HD titles at a respectible rate, and without dragging resources out of producing games for the 3ds. nintendo either needs to buy more studios or recruit some more outside developers to help with production.
Re: Nintendo Serves Up Over Four Minutes of Awesomely Detailed Hyrule Warriors Footage
I was skeptical when I first heard the announcement, but the more I've heard, the more I've looked forward to this game's release. This video settles it, I'm gonna pre-order.
Re: Dragon Quest X All-In-One Retail Package Will Include Wii, Wii U and PC Copies in Japan
WHY WON'T THEY RELEASE THIS IN THE STATES!?!?! Definitely would be worth my $15/month (moreso than Elder Scrolls Online, which has been a major disappointment so far)
Re: Talking Point: The Wii U eShop is Raising Tough Questions on Quality Control
Really the burden should be on the developer to post gameplay videos, screenshots, statistics, etc. about the game, and on the prospective buyer to read those and make a decision. This is how it works on Kickstarter, where there is even more money being thrown around than just the price of a digital game.
Really, if a developer provides nothing but a vague description of the game and a couple screenshots, then you shouldn't buy it.
Re: Charizard Distribution Event for Pokémon X & Y Coming to GAME UK, Includes Mega Stone
I hope this comes to the states.
On a side note, I am very, very disappointed at the lack of special distribution events outside Japan, generally. We have three reported legendaries, and even though one has been announced (Diancie) we still have no way to get ANY of them. We also have never had a legit event (to my knowledge) for Arceus. It's ridiculous because the pokemon fanbase outside Japan is at least as large as the Japanese fanbase.
Re: First Impressions: Taking Sonic Boom for a Spin on Wii U and 3DS
It don't know why so many people are bashing this game, it looks really fun. The developers have been upfront about the fact that this is a spinoff and non-traditional Sonic experience and, for the most part, the gameplay and cooperative-play mechanics look like a blast. The only criticism I have is that the enerbeam doesn't seem to be used all that creatively, but we've only seen a little of the game.
Re: Mercedes DLC Confirmed for Mario Kart 8 in the West
I don't really see this as much different from when certain game designers/publishers have included content completely unrelated to the game, but perhaps relevant for the platform, in the game. That's basically "advertising/product placement" right there.
Some instances I can think of at the top of my head
Mario/Zelda costumes in Tekken Tag Tournament 2
Samus/Peach/Zelda costumes in the upcoming Bayonetta 2
Kratos in Mortal Kombat 9
Link in Soul Calibur 2
Spawn in Soul Calibur 2
Zelda and Yoshi levels in Sonic Lost World
If people aren't really bothered by these, I don't see how including a product/feature related to something NOT part of the video game industry can get people so riled up. Would one's experience playing Fallout, for example, really be any different if the Nuka Cola bottle caps were actually Coca Cola bottle caps?
My personal feeling is that these things don't bother me as long as they're optional. I would feel differently, however, if some more relevant bundle required accepting product placement. I.e., I'd be pretty pissed if a DLC package containing 4 new characters all contained code that would change all the signage to McDonalds signs or something.
Re: Philips Secures Wii Patent Victory Over Nintendo in the UK
Phillips = worthless patent trolls in this case. Part of the reason I'm proud to practice trademark law as opposed to patent law in the U.S. The latter is a complete mess, and the America Invents Act, which changes things from "first to file" to "first to invent" has just made things worse. Fortunately, it has also opened up some other avenues to challenge the validity of some patents, which I hope Nintendo uses in its U.S. litigation.
Re: Nintendo Needs To Cut Wii U Cost To Capitalise On Mario Kart 8 Success, Says Ubisoft CEO
I'm sick and tired of people demanding that a price cut or bundle without the gamepad is the way to go here. Nintendo does have to try and make the console profitable, and cutting the price too much would also send the wrong message. The WiiU is definitely worth its current price and, while it doesn't have the graphical capabilities of the other two systems, it is the most innovative video game system on the market with the greatest selection of exclusive and indie games.
What Nintendo should do is have more promotions like the "1 free game" promotion for Mario Kart 8. I have a strong suspicion that that promotion was, at least in part, what got so many to go out and buy the game. If Nintendo did something like this with each new game on day 1, each major release would be a blockbuster.
It doesn't even have to be a full retail game. It could be 1-2 virtual console games, or an indie game of some sort. In fact, having this kind of promotion with indie games could help market them.