Nintendo's stance on Copyright
Stubbornness or Legally Correct?
Nintendo's current stance on copyright has been seen by many fans and onlookers as stubborn. Many people believe that this multi-billion-dollar corporate giant of the gaming industry shouldn't be using its power to take down fan created projects just meant to show love and passion for the franchises they love. Though in Nintendo's eyes, these small passion projects are seen as a threat to their business and to their intellectual properties, that must be taken down legally as fast as possible.
Cease-and-Desist 
If there is anything that Nintendo values the most besides their profits, it's their IPs. This especially goes for their beloved franchises such as, Mario, Zelda, Pokémon, Pikmin, and Metroid. With much care in hands, the company goes to legal extremes to protect them from any suspecting threats or thieves. Nintendo is best known in this aspect to hand out many cease-and-desist orders to upcoming works or even already finished projects. One such project being SWT, or Smash World Tour.
Smash World Tour was a multi-national e-sport scene that played the game series, Super Smash Bros. One of Nintendo's most iconic and beloved franchises. Though not licensed, the scene was progressing nicely without any legal issues, that was until the scene was ready to commence the finals of the first season. Days before the event was about to begin, Nintendo would send out a cease-and-desist order to the owners of the organization, which resulted in the immediate cancellation of the event and scene, leaving many players out of money from travel, and much fan outcry.
Nintendo would quickly put out a public response to the building backlash stating problems with the events "health and safety" when it came to attending fans. They would also state that it was, "important that a partner adheres to brand and IP guidelines", even though SWT was independent and never a legal partner of Nintendo, hence why they were never a licensed e-sport scene. This response would do nothing but further flame fan backlash. Though this response does gel nicely with the company's thoughts on their IPs.
IP Protection
If you go to Nintendo's official website, you can find their legal stances on several topics, one of which being their intellectual properties. The site states that all Nintendo games, brands, and much more are all protected by IP laws. They also let everyone know that "You are not entitled to use any of this Nintendo property without our specific permission", again showing how protective they are with their IPs. If, you scroll further down the legal portion of the official website you can even find their views on copyright as a whole. Nintendo lists off several items that are considered copyrighted, such as the standard games, and characters, but they also consider stuff like labels, and art as their copyright, so something as simple as a jpeg could be considered copyright infringement.
My thoughts 
While I empathize with Nintendo's desire to protect its copyrights and intellectual property, I find myself disheartened by the frequent shutdowns of community-driven creations. It's evident that a shift is warranted in their approach to these situations to grant greater freedom within the community. After all, fan projects often stem from a genuine love for Nintendo's properties and serve to enrich the collective Nintendo community. While I acknowledge the necessity of intellectual property protection, I hope that Nintendo can come up with a more collaborative strategy that nurtures these fan projects while upholding their rights. Perhaps, embracing a model where exceptional creations are celebrated through official endorsement or integration into the company's lineup could be explored.
I really like the clarity and the format you used for this blog!
ReplyDeleteThank you very much for your compliment, I tried my best to ensure the information provided in all my posts was clear and concise while also trying to keep the reader's attention throughout. That's why I made decisions to sometimes get a bit more dramatic, in order to keep readers reeled in. I hope that my style helped you understand this dilemma even more!
ReplyDeleteI share your disappointment with Nintendo's current approach to fan-created content. It is frustrating to see the community's real passion and innovation stifled by regular shutdowns. I think that Nintendo should pursue a more collaborative strategy that respects their intellectual property rights while also nurturing the fanbase's dynamic innovation.
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