going after a homebrew commodore 64 mario game is something else, Nintendo. all the folks going through the effort to get a c64 emulator running would have totally put you out of business. https://arstechnica.com/gaming/2019/04/nintendo-issues-dmca-takedown-for-super-mario-bros-commodore-64-port/
@wilkie They’re doing this because it’s legally required to defend their trademarks should someone later try to commercially rip them off. Nintendo is therefore acting in the long term interest of being a healthy company. This has nothing to do with them “going after” anybody or being evil. The only thing that’s evil is probably trademark law that requires companies to issue take-downs and sue people.
@technomancy @wilkie @thomasfuchs Two things: 1. They sent a DMCA takedown notice, which is about copyright, not trademar. In fact, using it for trademark infringement can get you in trouble because you have to make the representation that the work infringes copyright (which this probably does).
2. Nintendo has to aggressively pursue trademark infringement because their brand is pretty much 100% of their value as a company.
@thomasfuchs using the DMCA to enforce a trademark to attempt to not let anybody make a name dilution argument should not be allowed. you should have to make a trademark infringement claim. oh well. (that said, is Valve going to lose it's trademark on Portal for the same reason? or because their copyright claim would be more frivolous?) it's just too messy and too confusing and these laws just don't seem to do what they originally intended.
@thomasfuchs (anyway, I've heard what you've said here a dozen times already)
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