Prometheus
Well-Known Member
- Joined
- Mar 8, 2008
- Messages
- 9,472
Oh, wow, that is badness. :blink: What a cheek!^ The picture showing the advertised controller (the one with the other controllers and consoles in-shot with it) has no logo. :blink:
I was wondering who was making those things, though. They seem to pop up a lot!
Not the box, the controller itself. It's molded into the plastic where the Super Nintendo logo would be on the Nintendo-made controller.
Hmm... not sure how I feel about that. While it is pretty obvious the tracks were lifted from Mario Kart, that is a copy into their game, not into the video. The video itself was no more infringing on Nintendo's copyright than a letsplay or similar; even less so, actually, since it was at least all new textures.
If someone makes a texture mod and then puts a video on youtube, should Nintendo have the right to have that video pulled for copyright infringement? From my understanding of copyright, the answer is no, they shouldn't. Trademark yes, but not copyright.
Put another way, if you make a machine, and then I steal the blueprints and make a copy of that machine with a different coat of paint and then video tape the machine in operation, am I violating copyright by recording the machine in operation, or is it just when I built the machine? I'm pretty sure it is the latter, that copyright was infringed upon only with the duplicate machine and that my video of the machine is not infringing on your original copyright at all.
I'm guessing that they had it pulled across the board due to it being an advertisement for an infringing product (even though in this particular case, it was a re-upload by a user, specifically intended to show that things were being ripped off - I haven't looked, but I would bet that they're all gone, at least for now, regardless of who uploaded it). Not that I necessarily agree with it - I'm just looking at it from the "automated-lawyers" perspective.Agreed. Nintendo should have every right to go after the game itself (provided they can prove a case) but taking down the video should not be within their rights. It is mere evidence of the existence of something. This sort of behaviour is only going to get uglier if SOPA goes through.Hmm... not sure how I feel about that. While it is pretty obvious the tracks were lifted from Mario Kart, that is a copy into their game, not into the video. The video itself was no more infringing on Nintendo's copyright than a letsplay or similar; even less so, actually, since it was at least all new textures.
If someone makes a texture mod and then puts a video on youtube, should Nintendo have the right to have that video pulled for copyright infringement? From my understanding of copyright, the answer is no, they shouldn't. Trademark yes, but not copyright.
Put another way, if you make a machine, and then I steal the blueprints and make a copy of that machine with a different coat of paint and then video tape the machine in operation, am I violating copyright by recording the machine in operation, or is it just when I built the machine? I'm pretty sure it is the latter, that copyright was infringed upon only with the duplicate machine and that my video of the machine is not infringing on your original copyright at all.
I sort of suspect that a home-made video showing the game and its infringingness wouldn't have fallen victim to being removed.
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