• Sega Takes Shot At Nintendo, Encourages Fans To Keep Making Sonic Stuff
    40 replies, posted
[QUOTE=fruxodaily;51043715]sonichu endorsement when[/QUOTE] Well, we had this [img]http://i.imgur.com/xP7p9Gv.png[/img]
[QUOTE=_Axel;51043513]Wasn't there an article that proved that this is a myth?[/QUOTE] Yes and no, but mostly no, from what I can gather from research. Copyright law doesn't oblige them to challenge instances of infringement but trademark law does, and projects like AM2R and Pokemon Uranium infringe on Nintendo's trademarks [I]as well[/I] as their copyrights, so Nintendo still has to take them down or risk the rights to their own intellectual property. The problem is that the way Nintendo goes about doing this is by issuing a DMCA notice instead of a C&D(which I suppose must be faster or more convenient than a C&D, I don't know, I'm just a layman) and DMCA notices are meant to cover copyright infringement, not trademark infringement. Nintendo is still within their rights to issue DMCA notices because actual copyright infringement is going on too, so it's not as if they're skirting the law in this regard. They're legally obligated to challenge fan projects which infringe on their intellectual property, they just aren't legally obligated to do it through DMCA notices, which I suppose is how you could put it.
So rip sonic then right? Given the hundreds of fan games that have come out over the years. And nothing's happened.
I don't know. Like I said, I'm just a layman, but that does appear to be what the law is. Lord knows that just because something is the law doesn't mean it's going to universally enforced.
[QUOTE=Hamaflavian;51043805]Yes and no, but mostly no, from what I can gather from research. Copyright law doesn't oblige them to challenge instances of infringement but trademark law does, and projects like AM2R and Pokemon Uranium infringe on Nintendo's trademarks [I]as well[/I] as their copyrights, so Nintendo still has to take them down or risk the rights to their own intellectual property. The problem is that the way Nintendo goes about doing this is by issuing a DMCA notice instead of a C&D(which I suppose must be faster or more convenient than a C&D, I don't know, I'm just a layman) and DMCA notices are meant to cover copyright infringement, not trademark infringement. Nintendo is still within their rights to issue DMCA notices because actual copyright infringement is going on too, so it's not as if they're skirting the law in this regard. They're legally obligated to challenge fan projects which infringe on their intellectual property, they just aren't legally obligated to do it through DMCA notices, which I suppose is how you could put it.[/QUOTE] [QUOTE=Hamaflavian;51043855]I don't know. Like I said, I'm just a layman, but that does appear to be what the law is. Lord knows that just because something is the law doesn't mean it's going to universally enforced.[/QUOTE] im pretty sure trademark law doesnt require that you take down videos about your games
[QUOTE=Sprockethead;51042969]Giant corporations are not your friends.[/QUOTE] Why not though? They're run by people, too
[QUOTE=elowin;51043917]im pretty sure trademark law doesnt require that you take down videos about your games[/QUOTE] I'm talking about Nintendo taking down fangames tho.
[QUOTE=_Axel;51043513]Wasn't there an article that proved that this is a myth?[/QUOTE] There was an article clarifying that copyright doesn't need to be defended, but trademark aggressively does. But because nobody actually reads the article, we have a bunch of people here under the mistaken assumption that no IP needs to be defended at all. [QUOTE=elowin;51043917]im pretty sure trademark law doesnt require that you take down videos about your games[/QUOTE] No, they're using DMCA notices to pursue copyright infringement rather than trademark infringement. They DMCA videos because they can, not because they have to. There's no excuse for that.
[QUOTE=proboardslol;51043951]Why not though? They're run by people, too[/QUOTE] Corporations are run by people sure, but their structure is never really personal. They are always engines of profit-maximizing at some level, their outward appearance becomes a managed or unmanaged 'image' since it's interaction with consumers will always be broad and generalized. So looking to them for any sort of personal connection is an exercise in inevitable disappointment.
[QUOTE=proboardslol;51043951]Why not though? They're run by people, too[/QUOTE] They are usually run by hundreds of people which kinda turns them into faceless money making entities which only goal is to grow larger
This reminds me, someone should make a torrent-like system that uses DHT for open source projects and works with Git or something. How amazing would that be
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