Mountain_Man

Mountain_Man

I'm just this guy, you know?

Comments 1,564

Re: Soapbox: The Era Of Rock Band, Guitar Hero And Plastic Instruments Was Silly But Special

Mountain_Man

Personally, I always hated these games because they completely removed any ability to improvise and play creatively. On the flip side, I think the best thing they did is make it possible to remove specific instruments from popular songs so that aspiring musicians can jam along with them using their own instruments. I have several dozen drumless tracks stored in my Roland TD-17 electronic drum module that I love playing with.

Re: Hand-Drawn Game Guide Kickstarter Taken Down Following "Legal Trouble"

Mountain_Man

@impurekind "No, you don't get it."

You can keep telling yourself that if you wish, but we both know it's not true.

And I have no idea why you keep going on about gameplay mechanics since I never mentioned it. The sticking point here is the strikingly similar art styles such that a reasonable person could easily mistake one game for the other. I honestly don't know how much simpler I can make this for you.

Re: Hand-Drawn Game Guide Kickstarter Taken Down Following "Legal Trouble"

Mountain_Man

@impurekind "I honestly cannot fathom how you still don't get it..."

I obviously get it, and I have explained things as clearly as I can. The question is why you still don't get it. I know you think you're an expert just because you had a dissimilar case decided in your favor, but the situations are not parallel, so your personal experience is irrelevant here.

As for your insistence that the two games are not strikingly similar, I'm sorry, but that's not open for debate. In fact, they are strikingly similar as the following screenshots demonstrate:

https://i2.wp.com/www.arcadeattack.co.uk/wp-content/uploads/2015/06/levelcomparison.jpg
https://fictionalcrossover.fandom.com/wiki/Giana_Sisters_X_Mario?file=Giana-Mario.png
https://forallnerds.com/wp-content/uploads/2015/11/The-Great-Giana-Sisters-and-Super-mario-bros-comparison.jpg

Put those screenshots in front of any reasonable person, and they could easily think it's the same game. It's that potential for confusion that gave Nintendo legal leverage, and the publisher knew it. This is the same reason you can't, for instance, copy a competitor's packaging and marketing style to sell your own products. There was a case some time ago where a private flashlight manufacture sold his products in packaging that was almost identical to that used by Maglite for their own flashlights. Maglite sued claiming that, despite minor differences, the striking similarity could cause confusion, and they easily won the case, just as Nintendo would have easily won if the publisher of The Great Giana Sisters had imprudently taken the matter to court. Heck, Nintendo's case could have been won with a single question put to the developer: "Did you knowingly design The Great Giana Sisters to appear strikingly similar to Super Mario Bros.?" Come on, it's not like they could have denied it!

Re: Hand-Drawn Game Guide Kickstarter Taken Down Following "Legal Trouble"

Mountain_Man

@impurekind Again, the fact that The Great Giana Sisters uses original artwork is irrelevant when that artwork is a virtual carbon copy of Super Mario Bros. to the point that the two games can easily be mistaken for each other (for that matter, some of the levels in The Great Giana Sisters are exact duplicates of Super Mario Bros. levels). ​The key phrase here is "strikingly similar", as in it can't be dismissed as a mere coincidence. This is not a trivial point. The publisher knew it, and they knew they didn't have a leg to stand on if it went to court, so they did the smart thing and conceded the debate before things got ugly.

With regards to your case, again, you had legal precedent on your side in that a blanket copyright can not be granted for a common English word or phrase. Warner Bros. couldn't legally stop you from using the word "Inceptional " any more than Apple Records could stop a computer company from naming itself Apple Computer because the similar names are unlikely to cause confusion — nobody would mistake a computer company for a music label, just as nobody would mistake a video game company for a popular movie.

Now suppose a new software company came around and decided to call itself "Inceptional Games". You could (and should) sue them for ripping off your company name, and you would easily win.

Re: Hand-Drawn Game Guide Kickstarter Taken Down Following "Legal Trouble"

Mountain_Man

@impurekind You're right that Nintendo's artwork wasn't directly stolen, but the art style and level design are so strikingly similar that at a glance, the two games are almost indistinguishable. This was not a coincidence. You accuse the publisher of being "too ignorant and chicken" to fight it, but, no, they knew exactly what they did, they knew they could not credibly deny ripping off Nintendo's design, and they knew Nintendo was going to crush them in court for blatantly copying their work. Pulling their game from distribution was the smart thing to do in this case.

Now the reason you won your case despite your company having a strikingly similar name to a popular movie is because nobody is going to mistake a video game company for a movie. There's actually precedent here. A blanket trademark can not be given to a common word or phrase. It's why Apple Records was not able to stop Steve Wozniak and Steve Jobs from naming their computer company Apple. If, on the other hand, you made your own movie, or even a television show, and called it "Inceptional", then Warner Bros. would win the case easily because a good argument could be made that consumers would find the similar names confusing.

Re: Hand-Drawn Game Guide Kickstarter Taken Down Following "Legal Trouble"

Mountain_Man

@impurekind "...it could even make it look and play and sound almost identical, within reason..."

It's the "within reason" caveat that'll get ya. Fair use laws do allow people to use copyrighted work "within reason", and Nintendo obviously does not feel that these books whose sole purpose is to capitalize on Nintendo's intellectual property fall within the exceptions allowed for by fair use.

Re: Hand-Drawn Game Guide Kickstarter Taken Down Following "Legal Trouble"

Mountain_Man

@BreathingMiit "Maybe if the rules weren't so ***** stupid then people would have more respect for them."

Without those stupid ***** rules, there would be nothing to stop Nintendo from stealing the work of others to use in their own products. Imagine a Stardew Valley remake but set in the Super Mario universe. Or a note-for-note remake of Ben Prunty's Into the Breech soundtrack in the next Starfox. I'm sure in those scenarios you would love the law to step in and help the little guy, wouldn't you? Well, those same laws also protect the big guys.

Re: Toshiba Sounds Alarm About Ongoing Chip Supply Issues

Mountain_Man

@OnlyItsMeReid "The flu vaccine doesn't stop the flu either"

Exactly, because the flu virus, like the Chinese coronavirus, mutates far too quickly for vaccines to be an effective way to combat it. And this is leaving aside just how risky the Chinese coronavirus vaccines are in and of themselves, being based on experimental technology that has never before been used on humans and for which we do not fully understand all the short-term and long-term negative side-effects. Not to mention the fact that the vaccines appear to quickly burn themselves out and require another dose every six-months or so or risk leaving the test subject even more vulnerable to the Chinese coronavirus than they were before. Look at what is happening in Israel if you doubt me.

Re: Toshiba Sounds Alarm About Ongoing Chip Supply Issues

Mountain_Man

@Clarice "They should force all employees to take the vaccine and fire those who refuse. For sure it's the only way out of this crisis."

The vaccines have already failed for several reasons: 1) There's the massive human rights implication that arise from effectively forcing people to take medications that are experimental and unproven and for which there has been a disproportionately high rate of negative outcomes; 2) We already know that the vaccines have limited effectiveness at best. Not only do they not actually stop someone from contracting and spreading the virus, but they are only good for about six-months, at which point they leave a gaping hole in your immune system that has to be plugged with repeated booster shots; 3) Even in ideal circumstances, it is impossible to get the vaccine out fast enough to stop a virus before it can mutate and render the vaccine worthless.

The case study here is Israel which has one of the highest rates of vaccine compliance in the world but is still seeing some of the highest rates of infections and hospitalizations from the Chinese cornavirus.

Re: Dying Light Platinum Edition Is Heading To Switch

Mountain_Man

@Flashlink99 It's not memory, it's the number of polygons that need to be pushed at any one time, and in terms of environment complexity, Dying Light is, in general, magnitudes greater than The Witcher 3 which is mostly wide open spaces dotted with small, simple villages.

Basically, look at how The Witcher 3 runs in the game's largest city where it struggles to get above 20FPS on the Switch. That's essentially how I expect the entirety of Dying Light to run.

Re: Dying Light Platinum Edition Is Heading To Switch

Mountain_Man

@Flashlink99 The Witcher 3 is a lot less demanding than Dying Light, featuring lots of wide open spaces covered with relatively easy to render grass and trees. Dying Light, on the other hand, is set in a dense, highly detailed urban environment with a lot more geometry for the engine to handle. I'm expecting Dying Light on the Switch to look less like The Witcher 3 and more like The Outer Worlds.

Re: Dying Light Platinum Edition Is Heading To Switch

Mountain_Man

@WhiteTrashGuy "If DOOM and DOOM ETERNAL can run, then DYING LIGHT can. "

Completely different kinds of games. Doom/Doom Eternal are corridor shooters which are relatively easy to optimize. Dying Light, on the other hand, is a huge open world game set in a dense, highly detailed urban environment with a day/night cycle where the player is free to move about as he wishes with few restrictions, including seamless transitions from interiors to exteriors. I'm morbidly curious to see just how much the developers were forced to compromise to get it running on the Switch.

Re: Court Orders Popular ROM Website To "Destroy" All Of Its Unauthorised Nintendo Games

Mountain_Man

@Razputinman "If only Nintendo preserved their games better..."

I find it ironic that while pirates are justifiably vilified, they are the only reason so many things have been preserved in the electronic age. For example, the only reason the vast majority of the Commodore 64 library of software still exists today is because it was preserved by "warez" groups. Many original album mixes that were ruined years after release through remasters and remixes can only be found today by delving into music sharing groups. Movies like Disney's forever banned The Song of the South and the classic television mini-series Game, Set, and Match starring Ian Holm, and which the author of the books the series is based on has never given his consent to release, are unavailable except through "unofficial" channels.

Re: Animal Crossing: New Horizons Update 1.11.1 Patch Notes - More Bug Fixes

Mountain_Man

@Arkay "As someone that played New Leaf a ton... I don't understand why people complain so much about this game....then again this is the same toxic community that sees red whenever someone plays the game in a way that they want."

I honestly don't get it either. I sometimes get the feeling that some of the more "toxic" fans here would have been thrilled if instead of New Horizons, we got a straight port of New Leaf. And snide remarks like asking, "Where's the patch to add all of New Leaf's features to New Horizons?" is as silly as asking, "Where's the patch to add all of New Horizons' features to New Leaf?"

They say, "But New Horizons is all about decorating your island!" An overly simplified description, but, sure, let's go with it. In the same vein, New Leaf was all about monotonously grinding for bells in order to unlock gated content. I really don't get why the latter is considered so vastly superior to the former. But, again, these are overly simplified descriptions that don't prove a damn thing.

The fact is, New Leaf and New Horizons have significantly more similarities than differences, yet the "toxic" crowd is choosing to focus on the differences to the exclusion of all else and declaring, "It's different; therefore, it sucks!"