So Nintendo is going after Newgrounds now.

[Gors]

/\ world is cruel, isn't it

[NICKtendo DS]

It doesn't matter if 1000 people put 100% effort in the product. If it's a copy of a copyrighted game, or an enhanced version, it's not far away from illegally distributing the original game. It's no longer a matter of fair usage. If a company decides to shut the project down, they have all the right to do so. It's hard to accept for the fans, but that's just the way it is.

[GaryCXJk]

Okay, here's the thing.

First of all, I do have to say that Newgrounds deserves the right to keep advertisements on its site, because that and the store sales are the only things keeping Newgrounds alive. That and the visitors.

Having said that, one must not forget that yes, even if marginally, each and every Flash game in some way earns someone money. Even if all goes into maintaining the server, they're still making money, technically, which is one point that works against the content creators.

Another point is that Fair Use isn't a very broad term. Sure, it was a huge dick move to shut down the Chrono Trigger fan remake or Metroid Prime 2D or whatever was made, but it was all a way to protect their intellectual properties. Most, if not all fan games in some way used Nintendo's assets.

In those cases where the asset hasn't been used directly and it still has been taken down, then yes, that does somewhat go against the Fair Use policy, especially when it's a parody, but most of us aren't lawyers, I sure as hell ain't, so I don't know.

Finally, note that it's most likely NOT Nintendo itself that does this, but its lawyers. Remember that one time that SEGA's lawyers got YouTubers flagged for even just using Shining and Force in their titles? Or that one time when some Minecraft modder had to give up his source code AND pay about $100 in legal fees for three sent e-mails to Mojang's legal team just because he named his mod Minecraft Cubed? Yes, some lawyers are THAT fucking stupid.

[Cap'n Coconuts]

Maybe Nintendo just didn't feel too right about that kind of stuff circulating with their properties. You know, like that one Mario porn parody...

One would think so, what with Newgrounds allowing mature and adult content.

But then I have to wonder why Nintendo didn't take down any videos or art.

[Gussprint]

One would think so, what with Newgrounds allowing mature and adult content.

But then I have to wonder why Nintendo didn't take down any videos or art.

Yeah, that occured to me a few moments ago. All this just concerned a number of flash games, but that's about it. Movies, artwork pieces and the like... heck, even the audio portal is left untouched. So incongruous and confusing...