Comments 3

Re: Nintendo Issues Mass DMCA Takedown, 379 Fan-Made Games Forcibly Removed

lovelydumpling

@SilentHunter382 " which means everyone can use Nintendo's tm characters that they failed to protect." This is incorrect, as they would still have the copyrights on those characters and IPs, which is NOT revoked for not defending them in court and is always protected. Trademarks are also only weakened so much as they are "genericized" which wouldn't be the case with a game that uses their IPs. This is why many companies that are NOT Nintendo are able to turn a blind eye to fangames without much difficulty. It is also worth noting that fangames are no more or less legally protected as fanart or fanfiction, yet we've allowed both of those mediums to thrive while making every excuse in the book why fangames should be different. Rights holders can go after fanart and fanfiction the same way Nintendo does fangames, but they don't because they don't have to, and Nintendo doesn't have to with fangames either.