>Fan remake exists >Company sends a DMCA to take it down

They can sue. They just send a C&D to show that they can but they really don't want to be bothered to.

>>378725669
/thread

>>378725550
Game companies are in the business of making money. Sending a DMCA costs money. You gotta pay lawyers. They will typically only do this if the project is either making money without their permission(which allows grounds them to sue for an estimate amount) or if the fan project could possibly eclipse an upcoming release(working on their own HD remake and don't want the game out there for free which could hurt their sales and cost them money.)

Most freeware developers won't fight a DMCA because it costs money and they weren't taking anything in to pay a lawyer. But there are sometimes when the developer has dumped so much time and effort into a project that they refuse to let it go and will pull from their own accounts so their work can see the light of day.

The C&D would actually stick if the company can prove that the freeware dev is distributing their work. But to my knowledge the guy making this remake remade all the sprites so he does have a leg to stand on. More than likely they have no plans for a Metroid 2 remake in the near future and don't feel like paying the lawyers to have the case get presented before a judge.

>>378725669
>They can sue
But how? The police will suddenly confiscate your PC and check if you did a game using some company's characters? Isn't it kinda dumb?

>>378726828
DMCAs are directed at sites which host the infringing content.

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Oh look, it's this thread again.

>>378725550
>Creating a game using the company's franchise with the same sprites and music and characters
>Somehow the company is bad for taking the game down
If you can do a game from scratch, just make your own game instead of stealing. I really felt sorry for this guy. Spent 10 years making a good 2D Metroid game expecting a company would be okay with this or recognize his talent and let him work with them.

>gorilions of Super Metroid romhacks are fine
>this somehow isn't
"They have to protect their IP" my ass.

>Waited a literal decade and for this infringing fan-game to be finished and out before issuing a C&D, so everyone still got to play it

>BAAAAAAAAAAAAAAAAAAAAAAWWWWWWWW why is Nintendo so EVIL!?!!11!?!1?

Really makes you think.

>>378727354

>HHHMMMmmmmm~ Nintendo-sama your cock is so big and juicy~~~~
>Don't worry, I'll defend your honor on anonymous imageboards for free, like the good little whore I am!

>>378727209
>stealing
lmao

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Meanwhile

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>>378727354

>game could be infinitely improved thanks to patches which he was willing to do for free, and new content patches were on the way
>"nope you can't do that because improving a game is wrong"- you

>>378727223
You have to maintain it every now and again, otherwise it becomes harder to fight when explicitly competitive infringement occurs.

Just like when they tear down homeless communities and kick out squatters in countries that have adverse possession laws. Sure, they're not hurting anyone at that point and it seems a bit callous, but if you do nothing a few years down the line it's not going to be yours any more.

>>378727572
Everyone does what Nintendon't

>>378727554
Taking something without permission is stealing, anon.

>>378726828
A crime is a crime is a crime is a crime.

If you kill a child and stuff her in your car, are the police going to let you keep your car? I think not.

Furthmore, as you have already demonstrated that younare willing to infringe against copyrights,whose to say you don't have other illegal Nintendo assets on your machine? Other ROMhacks.

Shit, who's to say you don't have CP on that machine? Ethically, Nintendo should be able to plant it on your PC and frame you. Afterall you don't care about their property, why should they care about yours.

>>378727660

That's trademarks, dimbulb.

>>378727694
Calm down Hammurabi, your shit got outdated ages ago.

>>378727572
>Valve likes getting money for doing fucking nothing

What a shock! It's not like that is basically the entirety of their business model these days or anything.

Nintendo, on the other hand, actually does like producing things themselves and they like to control the IP that they work so hard at establishing. For them that is more important than being a lazy jew.

>>378728193
"Being tighly kniit with your community is bad because of some nonsense about jews"

"DMCA-ing FREE projects is fine because I'm a rabid fucking fanboy"

>>378728193
Because remaking the same game for the past ten years isn't lazy as fuck

>>378728340

Rabid fanboys are the ones who believe just because they are a rabid fanboy they are now entitled to some sort of ownership over someone else's property and can use it as they see fit.

Well, they aren't and they can't. Fan "ownership" is a crock of shit.

>>378728670
Gee, sorry for believing in common sense rather than a bunch of lobbied IP laws.

>>378727572
What point are you trying to make?

>>378728735
>common sense

Fuck off.

It's not your fucking shit, it's as simple as that. Doesn't matter how much you love it how much you want it, it's still not your shit. Stop acting like a spoilt two year old.

>>378728902
You should be able to make whatever you want if you're not profiting off it. There is not a single argument you can make against this that doesn't involve quoting some unreasonable lobbied paragraph.

>>378729063

You're a moron. Impact on market value is one of the key factors in determining whether a case of copyright infringement is fair use or not. Not profiting won't protect you from shit and rightly so. This helps the "little guy" as much, if not more so, than the "big guy".

>>378728897
Its a fan remake of a game made by valve... hosted on a website owned by valve.

Point is companies like valve don't care what people do with their IP, by putting the game on steam they are even supporting the developers (while making some shekels themselfs)

>>378729574
>Point is companies like valve don't care what people do with their IP

So if I developed Half Life 3 myself you think Valve wouldn't give a shit? Not only that, they'd happily sell it for me?

Somehow I don't think so.

>>378729574
Valve is profiting off of it so of course they'll allow it.

AMR2 getting a DMCA is a sign that Nintendo is working on a new Metroid game or at least has plans to at some point

they had no reason to care about it otherwise

>>378729574
The difference is that with Valve, they basically sanction it with the ability for the HL2 engine to play mods, and having the Source Development Kit available for free for such things.

Nintendo has no such equivalency.

>>378729679
If you wouldn't call it HL3 I am sure they wouldn't bat an eye. I have seen countless fanmade episodes that continue the story of HL2.

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>sonic fan makes good fan game
>gets hired by sega to make an official game

>metroid fan makes a good fan game
>nintendo threatens him with thousands of dollars in lawsuits or imprisonment

lul

>>378725550
you've made this thread at least twice already, stop it

>>378729462
Do you also support lobbyists extending copyrights far past their dates? Soon Disney will make it 120 years or some shit.
Do you understand that public domain MUST exist and it's a huge determent to creative of all mankind if there is no public domain anymore?

>>378730036
metroid 2 is still sold on the virtual console, so a remake of it threatens people buying it from them for 4 dollars.
that is the whole reason. that is how petty nintendo is.

>>378729679
they wouldn't let you call it half-life 3, but otherwise they probably wouldn't care.

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>>378727668

Copying something is not taking something, tripfag-kun

>>378725550
The DMCA is the law, not what you "send".

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>people going on about their amazing fan project before it's done

>>378725550
Epic repost bro! Fucking nice dude.

>>378735845
>What is pre-release marketing?

How dare game companys advertise a game before it is released.

>>378736028
Please read my post again Mr. Replies-Without-Reading-Properly

>>378731450
Did we already forget what Sega did to Streets of Rage Remake?

>>378725550
https://www.youtube.com/watch?v=qvM6Mg0VtO0

>>378727223
The romhacks didn't garner a fuckload of attention.

>>378731450
That's because Sega has a shit ton more to lose then Nintendo. Nintendo can fuck around and sue people all they want and it doesn't effect them.

>>378736637
story?

>>378737098
That's not a good thing. When will nintentards wake the fuck up?

>>378737454
When they will stop buying their overpriced consoles and pieces of plastic for $90

>>378726828
>But how? The police will suddenly confiscate your PC and check if you did a game using some company's characters?

no
they look at whatever website is hosting the content, then they threaten a suit to make whoever is hosting it shut it down.

>>378727835
kek

>>378726828
They can't, it's fair usage.

>>378731064
>>378734494
then how is it any different when Nintendo doesn't let modders call their games after one of Nintendo's IPs?

>>378738520

Fair use is an affirmative defense, until a court rules it to be fair use it's copyright infringement. Going to court to argue fair use involves something called the discovery process whereby parties can request relevant items and information be shared. Failure to comply with the discovery process is considered contempt of court and sanctions can include such things as being fined, jailed, a summary judgement against you, etc., etc.

In other words, they can.

>>378725550
Yay! Another bot thread to add to my imagefilters!

>>378726828
It's a possibility

https://arstechnica.com/gaming/2013/02/police-raided-me-says-leaker-who-tried-selling-next-gen-xbox-dev-kit/
http://www.dailymail.co.uk/news/article-2089138/Megaupload-shut-Police-raid-reveals-Kim-Dotcoms-multimillion-dollar-wealth.html

The FBI and law enforcement are media companies's attack dogs.

>>378738520
Considering it's a remake of a game and not just a fan game it is infringing copyright. If he made a metroid fan game, with it's own world and story he'd have a better case. That being said i doubt Nintendo will sue.

>>378739778
nintendo doesn't just care about names, they care about people copying characters and gameplay elements from their IP. that said i don't know how the people developing """mother 4""" haven't been sued to death yet, perhaps because it's an even deader IP than metroid.

>>378737382
Some people were making a Streets of Rage remake. Sega issued a DMCA takedown. Pretty easy to figure out from the context, mate.
They've also done other scummy shit like DMCA'd completely inoffensive YouTube videos that were more popular than theirs so their own game trailers would be higher in search results.

>>378734425
>Could have supported the Dev and sold out on virtual console for 3* the price of the original
>Shuts it down instead
They could have made money off it. REEeee

>>378742320
>validating the unsanctioned use of your intellectual property

Maybe he might have asked for permission beforehand? At least the guys looking to do a Metal Gear Solid remake had enough sense and courtesy to do that and when Konami told them "No" they knew not to waste their time on something that was not going to be allowed.

Almost every developer in the industry now has said that gamers are a bunch of entitled brats and frankly they are correct. You don't have the right to infringe on someone else's copyright. It doesn't matter if you are a fan or if you aren't making any money from it or anything, you just don't have that right. And that isn't really that bad a thing either.

>>378726828
>>378725669
>>378725550

According to the Video Game Attorney (how much stock you put into him, I've no clue), it can bankrupt people, ruin their credit and destroy lives.

Apparently, again this is just what he's said, there's a lot of cases of Fangames getting shut down like this without the C&D being sent, they're just sued straight up and it doesn't come to light because they get locked into an NDA as part of the legal proceedings.

Who knows how true it is, but he's got some experience in it and it does sound like playing with fire.

>>378744248
>there's a lot of cases of Fangames getting shut down like this without the C&D being sent, they're just sued straight up
Like what?

>>378729063
>You should be able to make whatever you want if you're not profiting off it. There is not a single argument you can make against this that doesn't involve quoting some unreasonable lobbied paragraph.

I release my game in the west, it's well recieved, I make enough money that I can think about publishing it worldwide. I start negotiating contracts.

After some deliberation, I decide I want to sell my game in Korea.

You do a free patch that translates my game to Korean. You do it purely out of love for my game, you distribute it for free over Mega, no-one makes a single cent from it.

But you've now fucked me out of selling my game in Korea. I'll lose a bunch of potential sales at a minimum.

>Do you also support lobbyists extending copyrights far past their dates? Soon Disney will make it 120 years or some shit.

You don't know what you're talking about, but I don't. They should crack down on that shit, 10years or even 20 years, more than enough to turn a profit and then everyone can use it.

>Do you understand that public domain MUST exist and it's a huge determent to creative of all mankind if there is no public domain anymore?

I agree, but that doesn't mean that "So long as there's no profit, it's fine." is true.

>>378744326

That's the thing, he didn't give examples and they're apparently wrapped up in NDA. So it's literally "Take my word for it.

>>378744770

Also: If I make a GAME and then have no sequel for some time, then you make GAME2 as a fan sequel, if I don't stop that, you're fucking around with my ability to make a proper sequel. It gets muddied up with your efforts in searches, marketing, knowledge etc.

They're making a FF7 remake right now, imagine if someone else came out and released a "Fanpatch" FF7 remake that was just the original FF7 with better graphics. They'd get the absolute shit sued out of them because it'd fuck with their ability to sell their vision of the FF7 remake.

>>378744248
>Apparently, again this is just what he's said, there's a lot of cases of Fangames getting shut down like this without the C&D being sent, they're just sued straight up and it doesn't come to light because they get locked into an NDA as part of the legal proceedings.
how many fan projects are there that could've gotten hit by this instead of getting c&d and become canceled publicly without any real given reason
the only one i can think of is project m(eme) brawl mod, it became pretty much a direct competition to smash four when it came to tournament play
it seems like an extreme case that wouldn't really affect most basement dwellers who tinker with engines while eating mom's spaghetti