this post was submitted on 13 Dec 2023
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[–] woelkchen@lemmy.world 86 points 2 years ago

I can't believe Nintendo hasn't taken it down yet

"So I report about it on PC Gamer and make Nintendo aware of it."

[–] gearheart@lemm.ee 42 points 2 years ago

Oh great. Now I gotta download this before Nintendo takes it down.

[–] Caligvla@lemmy.dbzer0.com 34 points 2 years ago (1 children)

Oh don't worry, Nintendo has a death squad en route to the creator's house in this very instant.

[–] CileTheSane@lemmy.ca 12 points 2 years ago (1 children)

Is Nintendo owned by Wizards of the Coast?

[–] 520@kbin.social 2 points 2 years ago

No, but they are just as litigious when it comes to their IP

[–] Potatos_are_not_friends@lemmy.world 25 points 2 years ago (1 children)

It'll be gone within the next 48 hours now.

[–] Computerchairgeneral@kbin.social 19 points 2 years ago (1 children)

Game looks cool, but I always have mixed feelings about articles like this. On the one hand it helps raise awareness about the game to the people who want to play it, but it also helps raise awareness about the game to the people who are going to send the cease-and-desist letter.

[–] Essence_of_Meh@lemmy.world 7 points 2 years ago (2 children)

I'm pretty sure devs are fully aware of what's going to happen which is why they avoided putting their names on the project and included the source code.

Hammer was always going to come down since they included game assets in the build - news articles won't really change much on this matter,

[–] Potatos_are_not_friends@lemmy.world 4 points 2 years ago (2 children)

It blows me away that people do these incredible projects but just for the thrill of to see if they can.

[–] Azzu@lemm.ee 5 points 2 years ago

Just imagine what people would do if they didn't have to work anymore!

Probably just sit on their asses and wither, I'm sure. No one will do cool projects that many will benefit from.

[–] all-knight-party@kbin.run 4 points 2 years ago

I don't think it's entirely on the thrill of seeing if they can, it's also a passion project from their love of the original. They put it out there so people can enjoy the game in a fresh way, the way the devs want it to be able to be experienced.

[–] insomniac_lemon@kbin.social 4 points 2 years ago* (last edited 2 years ago) (1 children)

Including a trademarked term right in the title is the thing that gets most fan projects. It's a multiplier for takedowns, it can't get any easier for companies than running a simple script that just searches Itch/Gamejolt/Github for terms and then doing a mass takedown of the results. And that will even catch things with 3 downloads.

Sure user-added* or redone assets could help, but just distancing the name would help a lot more. Having 100% new assets won't stop a takedown if you use trademarked terms (see DMCA's Sky), and the DMCA system doesn't really discourage overstepping unless somebody has the willingness/money/time to take it to court.

*=image detection could be a thing as well though, so be careful with screenshots especially with a logo

[–] Essence_of_Meh@lemmy.world 1 points 2 years ago

Of course, I hope my comment didn't imply otherwise. Unfortunately even a different title and completely original assets (AM2R?) won't help much with some companies.

Good enough project will catch their eye sooner or later anyway.

[–] kylie_kraft@lemmy.world 13 points 2 years ago

just download it and shut up then

[–] Scrof@sopuli.xyz 10 points 2 years ago

Fans do what Nintendon't.

[–] modus@lemmy.world 5 points 2 years ago

I created a torrent file for this game. Does anyone know a good place to post it?

[–] TBi@lemmy.world 4 points 2 years ago (1 children)

I tried downloading and the website says the download was quarantined. Anyone else see this? I was able to download anyway.

[–] Donut@leminal.space 4 points 2 years ago

Yeah it's a safeguard by Itch.io which flags potentially malicious users, but they let you proceed if you are sure you can trust the author

[–] FatTony@discuss.online 1 points 2 years ago* (last edited 2 years ago)

Get it while it's hot.

Edit: it's cold now.

[–] verdantbanana@lemmy.world 1 points 2 years ago (1 children)

pretty gone as of this moment

anyone got a new link

[–] approxamatrix@lemmy.world 1 points 2 years ago

Nah, you'll have to wait until the next Zelda game comes out.

[–] altima_neo@lemmy.zip 1 points 2 years ago

That sounds awesome

[–] littlebluespark@lemmy.world 0 points 2 years ago* (last edited 2 years ago) (1 children)

DLed for posterity, so once it's down I can still share it with those interested in actually enjoying it, rather than letting Nintendo continue to ruin shit like the whiny babies they are.

edit: ahem.

[–] kromem@lemmy.world 0 points 2 years ago (1 children)

It's less Nintendo and more shitty trademark and IP laws.

If you don't aggressively go after anyone that is transgressing your IP, you can lose it.

IP really needs major and comprehensive reform. It's not going to happen anytime soon as too much is built up around the status quo, but it really should be done.

[–] EnderofGames@sh.itjust.works 0 points 2 years ago (1 children)

It's *less about shitty trademark or copyright laws, and more about Nintendo.

First off, in all of your posts, you really don't seem to realize that trademark has nothing to do with fan fiction or recreations. Not a single project that anyone has referenced has attempted to mimic Nintendo's name and brand to sell a product. Zelda is trademarked, yes, so people can't sell video games with "The Legend of Zelda" name- which has no bearing on this article or the work cited.

Second, the statute of limitations doesn't go back three years to some arbitrary date, it goes back to when the alleged crime or infringement occurs. So if someone begins selling a TLoZ knockoff game, they have no grounds in court to say something dopey, like "well actually I started thinking about selling Zelda knockoff games five years ago, so even though I just started last month it is out of the statute of limitations".

Third, from your list of shitty companies making it the norm, try Valve, who actively gives permission for people to mod and remake their games, and even allow the selling of remakes on their own platform. Or try Capcom, a Japanese company who has never attacked a fan game and still has full control over its IPs. But I digress, not being the norm has nothing to do with this.

If the laws surrounding copyright were suddenly and drastically changed today, Nintendo wouldn't change their stance or their scare tactics. They don't have to do it, they aren't losing out on sales from it- and if modders had the ability to stand up for themselves in court, I don't believe Nintendo would win even a notable amount of cases.

[–] kromem@lemmy.world -1 points 2 years ago* (last edited 2 years ago)

One: Link's Awakening trademark

Two: Actually, per Petrella v. Metro-Goldwyn-Mayer's supreme court decision, damages are limited to 3 years prior to the suit being filed with no recovery for earlier infringements.

Three: Capcom cease and desist less than a year ago - did you not even bother checking before confidently stating it 'never' happened?