Oh my god...Nintendo is so stupid...

[Gryph]

eh, it's Nintendo we're talking about here; this was no surprise by any means.

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True...but I wouldn't expect this to ever happen. I think everyone named Mario, Luigi, Yoshi, etc. should sue Nintendo for using their name because it makes people think they are fat Italian plumbers with stereotypical accents or a gay dinosaur (whatever the flock Yoshi is), that case is about as merited at this one.

 

good post gryph, those were some dam good tities i might add.

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No problem. Glad you had some fun with it.

[Sturmvogel]

Umm, Ugenn... it's a cultural reference. Zelda is a cultural reference, Metroid is a cultural reference. If we're not allowed, on the whole, when asked who our favorite author is (for instance) to answer using his name *BECAUSE IT'S CONSIDERED INFRINGEMENT*, then someone's seriously confused about the "fair use" of nouns and verbs and spoken/written language in general. What if this wasn't a porn-site, but a games-reviewer? One who hadn't been given express permission to write a review? "Zelda sucks." <-- sued.

 

This is not the defense of brand-image, this is the attempt to frighten someone into shutting up using the legal system as a threat. This is, basically, censorship.

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I gotta agree with Swithin. What it really boils down to is censorship. The games mentioned being an ingrained cultural reference, Nintendo is outreaching it's copyright infringement policy, just because this site promotes something Nintendo doesn't like.

[Daeval]

Eh, it's not really about the copyright in this case, even if that's what's mentioned in the letter. This is the applicable paragraph:

 

>

> Nintendo's customers--including many children and

> their parents--have come to identify the Nintendo trademark(s)/works

> with the high quality of Nintendo products. Your unauthorized use of

> the Nintendo trademark(s)/works will tarnish Nintendo's reputation.

 

Something tells me, if they hadn't mentioned copyright infringement in the letter and instead just asked nicely to have it removed, none of you all would be complaining. Unfortunately, that letter was left to the lawyers because that's how big businesses are used to operating. What was sent in the end was essentially a form letter (just fill in the copyrighted works) that was probably written by a combination of lawyers and nintendo officials for legitimate "cease and desist" use. Since they don't have a "please don't mention our stuff on your porn site, but thanks for liking it" form letter already written and approved, they sent the most relevant one they had, even if it wasn't.

[OverlordMondo]

This makes it look like a formal attack though. And even if they just asked nicely I'd look at 'em a little strange...

[Ryuken]

i think what nintendo did was right cuz u would want a lil'kid trying find something about mario and find he doing samus, zelda, yoshi, and other nintendo char. Nintendo is for kids

Edited October 29, 2004 by Ryuken

[NeuronMaster]

that site got pwned.

[Gryph]

i think what nintendo did was right cuz u would want a lil'kid trying find something about mario and find he doing samus, zelda, yoshi, and other nintendo char. Nintendo is for kids

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Yes, Resident Evil is such a kids game.

[AntiWinner22]

I would be in Nintendo's corner if a girl on SuicideGirls was making sweet love with a figurine of a Nintendo character or fondling one. Guess what though? That isn't the case. It isn't part of anything remotely sexual. Sure, it is on a journal, on a somewhat pornographic site, but it is on a favorites list...

 

Hey, didn't Playboy review some Gamecube games? Doesn't Maxim, FHM, or those other review Gamecube games too? Why don't they get sued? People who go to "read Maxim" are the same that go to SuicideGirls, so what is the difference?

 

My opinion? Bull$hit. Utter Bull$hit.

 

Anon.

[Swithin]

Exactly.

 

Who remembers RAPE?, the NGP emulator... basically, they used Pikachu as the program's icon (as in, click to launch program icon thing.) Well, they got a cease-and-desist. And that's the right application of such a thing. This girl just wrote the word "Zelda" and got sent a threatening letter. She certainly didn't use it in any commercial application, nor did she use any copyrighted material, nor did she associate Zelda with any sexual acts or activities, or even with a single explicit word. She just *referred* to a trademarked title in a forum in which you can't really *not* refer to a trademarked title, which as far as I can tell violates absolutely no sane IP laws anywhere (and if there are laws which could apply to her, I say we all violate them in protest on a daily basis.)

 

I'm wondering if Nintendo is at all involved in this, or just their trigger-happy lawyers.

[Swithin]

i think what nintendo did was right cuz u would want a lil'kid trying find something about mario and find he doing samus, zelda, yoshi, and other nintendo char. Nintendo is for kids

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Yes, Resident Evil is such a kids game.

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Not to mention the site you'd have to visit to even *find* her "favorite video games list" to read. <sorry for double-posting, I'm just too lazy to re-edit my post with quote tags etc.>

[random guy]

I would be in Nintendo's corner if a girl on SuicideGirls was making sweet love with a figurine of a Nintendo character or fondling one. Guess what though? That isn't the case. It isn't part of anything remotely sexual. Sure, it is on a journal, on a somewhat pornographic site, but it is on a favorites list...

 

Hey, didn't Playboy review some Gamecube games? Doesn't Maxim, FHM, or those other review Gamecube games too? Why don't they get sued? People who go to "read Maxim" are the same that go to SuicideGirls, so what is the difference?

 

My opinion? Bull$hit. Utter Bull$hit.

 

Anon.

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Of course, the irony is that I was reading the thread on the sg forum, and I couldn't see any of the pictures the girls were posting because you'd have to pay to do that, but according to the captions/accompanying test the way they plan to protest this lawsuit is to take many many photographs of themselves masturbating with nintendo controllers!