Nintendo lawyers put an end to fan-made Super Mario 64 PC port

Shawn Knight

Posts: 14,127   +154
Staff member
Bottom line: Welp, that didn’t take long. Nintendo is already going after the fan-made Super Mario 64 PC port that hit the Internet last weekend according to a recent report from Torrent Freak. It's unfortunate for gaming fans but the truth of the matter is that Nintendo is well within its lane to do so.

The publication notes that Nintendo has tasked its lawyers and representatives with scrubbing the Internet of any existence of the unauthorized Super Mario 64 PC port. One law firm, Wildwood Law Group LLC, filed a complaint with Google this week, stating that the reported file contains an unauthorized derivative work based on Nintendo’s copyrighted work.

“The copyrighted work is Nintendo’s Super Mario 64 video game, including the audio-visual work, software, and fictional character depictions covered by U.S. Copyright Reg. No. PA[REDACTED],” the notice further points out.

The efforts appear to be paying off, at least to some degree. Reddit posts about the game as well as some YouTube videos showing gameplay footage have been removed due to copyright claims. Torrent Freak notes that at least one Google Drive URL containing the game files is still active, however.

Nintendo is notoriously protective of its intellectual property, and rightfully so. Regardless of how awesome this game and others like the fan remake of Metroid II that took more than eight years to make are, the truth of the matter is that Nintendo is the rightful owner and any use of its IP without permission is grounds for legal action.

The actions by Nintendo against the fan-made PC port weren’t unexpected. Unfortunately for Super Mario 64 fans, we’re now left to wait and see if Nintendo’s rumored Super Mario 64 remake actually comes to fruition. Fingers crossed.

Permalink to story.

 

Lionvibez

Posts: 2,638   +2,416
Lol too late anyways its out.

These corporations never learn it seems, shutting down websites hosting the download links won't prevent anything.
 

yRaz

Posts: 4,398   +5,118
I find it hilarious when people beg for a product for years or decades and then a fan makes it, the company goes crazy and sues everyone. This would not have been difficult for Nintendo to do and probably make them millions of dollars. Instead of making millions of dollars on a product people were begging them to make, they're going to spend that money on lawyers instead of development costs. The lawyers will probably cost MORE than development. And the person who released this doesn't have the money they're asking for, they wont get anything out of the guy when they out spend him in court.

I don't know why people think nintendo is such a nice company, they're known for being sue happy. They're known for putting their fans in debt when they make something that is a labor of love. Hell, porting "classic" games to switch would probably be enough for people and far fewer people would be able to pirate it.

I really want to know the justification from companies who don't make products that people ask for. They have the sourcecode, ports/remasters take relatively little effort at that point. The hardwork is already done
 

Lionvibez

Posts: 2,638   +2,416
I find it hilarious when people beg for a product for years or decades and then a fan makes it, the company goes crazy and sues everyone. This would not have been difficult for Nintendo to do and probably make them millions of dollars. Instead of making millions of dollars on a product people were begging them to make, they're going to spend that money on lawyers instead of development costs. The lawyers will probably cost MORE than development. And the person who released this doesn't have the money they're asking for, they wont get anything out of the guy when they out spend him in court.

I don't know why people think nintendo is such a nice company, they're known for being sue happy. They're known for putting their fans in debt when they make something that is a labor of love. Hell, porting "classic" games to switch would probably be enough for people and far fewer people would be able to pirate it.

I really want to know the justification from companies who don't make products that people ask for. They have the sourcecode, ports/remasters take relatively little effort at that point. The hardwork is already done

100% Agreed.

Nintendo could have ported every game released on the N64 to PC sold them for $9.99 or even $19.99 and people would still buy it. I know so many people around my age that would love to be able to play these games from our childhood again.
 
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Scshadow

Posts: 660   +318
I was shocked when I got my Nintendo Switch. It didn't even cross my mind that they wouldn't have virtual console support. This company isn't supporting old games at all. I'd say between lack of bluetooth audio support and lack of virtual console support, those were the 2 biggest disappointments in buying a switch. I mean its 2020, I'd just presume a modern $300 console would have these things. Ultimately, yes I should have done research but it literally didn't cross my mind. I honestly don't like Nintendo all that much. They're overrated and I'm starting to support the idea that console manufacturers shouldn't produce games. The console itself is mediocre and they could really use lack of IP exclusivity to encourage the development of competitive hardware.
 

Rvnwlf

Posts: 28   +33
What I'm curious about is how big is the entire thing. I'd guess less than 10-15mb. That in-itself is kind of scary. Especially when looking at my Steam folder.
 
I find it hilarious when people beg for a product for years or decades and then a fan makes it, the company goes crazy and sues everyone. This would not have been difficult for Nintendo to do and probably make them millions of dollars. Instead of making millions of dollars on a product people were begging them to make, they're going to spend that money on lawyers instead of development costs. The lawyers will probably cost MORE than development. And the person who released this doesn't have the money they're asking for, they wont get anything out of the guy when they out spend him in court.

I don't know why people think nintendo is such a nice company, they're known for being sue happy. They're known for putting their fans in debt when they make something that is a labor of love. Hell, porting "classic" games to switch would probably be enough for people and far fewer people would be able to pirate it.

I really want to know the justification from companies who don't make products that people ask for. They have the sourcecode, ports/remasters take relatively little effort at that point. The hardwork is already done
You do know, legally, they lose the right to their IP if they don’t show precedence of having fought them in court right?

It becomes public domain and anyone can use their assets to create knock off games and sell on the App Store and it would be perfectly legal.
 

trparky

Posts: 1,087   +1,232
I really want to know the justification from companies who don't make products that people ask for.
I've come to the conclusion that they must hate money. Because we're waving our cash in their faces and they're shaking their heads saying no.

As Philip J. Fry said it best... "Shut up and take my money!"
 
I find it hilarious when people beg for a product for years or decades and then a fan makes it, the company goes crazy and sues everyone. This would not have been difficult for Nintendo to do and probably make them millions of dollars. Instead of making millions of dollars on a product people were begging them to make, they're going to spend that money on lawyers instead of development costs. The lawyers will probably cost MORE than development. And the person who released this doesn't have the money they're asking for, they wont get anything out of the guy when they out spend him in court.

I don't know why people think nintendo is such a nice company, they're known for being sue happy. They're known for putting their fans in debt when they make something that is a labor of love. Hell, porting "classic" games to switch would probably be enough for people and far fewer people would be able to pirate it.

I really want to know the justification from companies who don't make products that people ask for. They have the sourcecode, ports/remasters take relatively little effort at that point. The hardwork is already done

You realize they lose rights to their IPs if they don’t show precedence of fighting these types of copyright infringements in court?

So if anyone wanted to grab their assets, modify it a bit, changes some textures around they can justify it as a new product, put it on app store and make money off it and it would be perfectly legal...
 

TheBigT42

Posts: 651   +671
"Wildwood Law Group LLC, filed a complaint with Google"

Why file a complaint with Google. They didn't create the port.
It is like filing a complaint with the Garmin or TomTom because a thief used their GPS to get directions to a house to rob.
 

Lionvibez

Posts: 2,638   +2,416
"Wildwood Law Group LLC, filed a complaint with Google"

Why file a complaint with Google. They didn't create the port.
It is like filing a complaint with the Garmin or TomTom because a thief used their GPS to get directions to a house to rob.

I agree with you but I believe they do this so you can't do google searches to find it. But that will only stop novice users anyone that is even alittle advanced will be able to find this on the internet.
 

brucek

Posts: 1,124   +1,666
Copyright is supposed to strike an ideal balance between creators and public good, whereby creators have enough incentive to promote their arts & sciences and make a living, but the public eventually ends up with the benefits for all.

Over time this has gotten lost and it is too often treated as an absolute property right vs. an intended balance. The chief mechanism here is the duration of the copyright.

Super Mario was released 24 years ago. Would Nintendo really not have made the game if they knew their copyright was limited to say 25 years? Is the public really served by being denied the right to remake it and share it all these years later?

I think these are key questions for future generations, because while today the things that can be copied at zero to minimal cost are chiefly entertainment products, future technology may allow replication of other more essential types of things. If we could one day provide for a lot of all mankind's needs at low to no cost, will we prevent that future over copyright issues?
 

amstech

Posts: 2,648   +1,809
Nintendo has taken a very staunch approach to pirating.
I think folks with emulators really got to them, and ever since they waste no time or resources addressing any variation of this type of thing.
 

Lionvibez

Posts: 2,638   +2,416
Copyright is supposed to strike an ideal balance between creators and public good, whereby creators have enough incentive to promote their arts & sciences and make a living, but the public eventually ends up with the benefits for all.

Over time this has gotten lost and it is too often treated as an absolute property right vs. an intended balance. The chief mechanism here is the duration of the copyright.

Super Mario was released 24 years ago. Would Nintendo really not have made the game if they knew their copyright was limited to say 25 years? Is the public really served by being denied the right to remake it and share it all these years later?

I think these are key questions for future generations, because while today the things that can be copied at zero to minimal cost are chiefly entertainment products, future technology may allow replication of other more essential types of things. If we could one day provide for a lot of all mankind's needs at low to no cost, will we prevent that future over copyright issues?

Agreed the copyright system has been broken for along time. And these large corporation have no problem abusing it.
 

Polycount

Posts: 3,011   +589
Staff member
It's far too late.

While I'm obviously not going to support any form of copyright infringement, if your goal is to get a fan-made project in the hands of thousands (if not tens of thousands), the creator of this port did it the "right" way.

He or she waited till they were finished with it, and then leaked it to the world with no obvious source. They didn't announce it, didn't tease it, nothing (as far as I understand).

So, I say again -- unless Nintendo begins manually ripping the files from the machines of those who grabbed the port, it's far, far too late for them to truly put an end to this. If there's one thing the internet's good at, it's spreading content and information.
 

yRaz

Posts: 4,398   +5,118
You do know, legally, they lose the right to their IP if they don’t show precedence of having fought them in court right?

It becomes public domain and anyone can use their assets to create knock off games and sell on the App Store and it would be perfectly legal.
did you even bother reading what I wrote?
 

trparky

Posts: 1,087   +1,232
Agreed the copyright system has been broken for along time. And these large corporation have no problem abusing it.
Blame Mickey (Mouse) and Company. Disney has been the chief reason why copyright laws are so messed up. As soon as Mickey is about to enter public domain, Disney lobbies to have copyright laws extended to protect Mickey Mouse from entering into the public domain.
 

arrowflash

Posts: 515   +590
It's far too late.

While I'm obviously not going to support any form of copyright infringement, if your goal is to get a fan-made project in the hands of thousands (if not tens of thousands), the creator of this port did it the "right" way.

He or she waited till they were finished with it, and then leaked it to the world with no obvious source. They didn't announce it, didn't tease it, nothing (as far as I understand).

So, I say again -- unless Nintendo begins manually ripping the files from the machines of those who grabbed the port, it's far, far too late for them to truly put an end to this. If there's one thing the internet's good at, it's spreading content and information.

True, the person(s) who made this did it the proper way. Especially when dealing with franchises from companies such as Nintendo, you don't talk about it until it's out. Sadly many modders / fangame creators seem to be desperate for attention, or maybe some do it on purpose (I believe many who get C&D'd never actually intended to finish and release their work, they only want recognition and something to add to their portfolio, in hopes of being hired by a studio).

All fan content creators should watch this video:

 

Lew Zealand

Posts: 2,144   +2,583
TechSpot Elite
Blame Mickey (Mouse) and Company. Disney has been the chief reason why copyright laws are so messed up. As soon as Mickey is about to enter public domain, Disney lobbies to have copyright laws extended to protect Mickey Mouse from entering into the public domain.

Just quoting this because this is the whole explanation. It started with Disney and his mouse.
 

Polycount

Posts: 3,011   +589
Staff member
True, the person(s) who made this did it the proper way. Especially when dealing with franchises from companies such as Nintendo, you don't talk about it until it's out. Sadly many modders / fangame creators seem to be desperate for attention, or maybe some do it on purpose (I believe many who get C&D'd never actually intended to finish and release their work, they only want recognition and something to add to their portfolio, in hopes of being hired by a studio).

All fan content creators should watch this video:


Entertaining and accurate video. Thanks for sharing.

I like the last bit especially: You can't cease and desist fun. :p

...Well, yet, anyway.