Nintendo Awarded $12.76M in Copyright / Trademark Case - MMORPG.com News

SBFord · March 2017

Nintendo Awarded $12.76M in Copyright / Trademark Case - MMORPG.com News

A Canadian court has awarded Nintendo of America $12.76M in its lawsuit against Jeramie King and his Go Cyber Shopping Ltd. King's company sold devices designed to circumvent Nintendo's console security to download and play unauthorized copies of its games. Nintendo proved that these devices and programs were in violation of its copyrights and trademarks. The award also includes $1M in punitive damages and requires King to publicly apologize for damages to Nintendo, developers & partners.

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kanechart · March 2017

After seeing the teat down of the switch... I really home Nintendo Turns into Sega Saturn

Alverant · March 2017

Nintendo has an established track record that demonstrates our resolve to protect our iconic characters and franchises.

That includes violating the copyright laws in the US by issuing take down notices of game reviews on YouTube. Nintendo doesn't respect the copyrights of others so they deserve none themselves.

WalkinGlenn · March 2017

Nintendo can kiss my arse.

Also, on a side note, screw the nintendo mini too. You want retro games? Get a Raspberry PI with RetroPi and start downloading some Roms.

Kyleran · March 2017

So much salt, of course they have a right to protect that which they create from unauthorized use.

Solar_Prophet · March 2017

How DARE they defend the material they created from being exploited without permission by third parties! What a bunch of greedy, corporate scumbags. I mean, it's not as if millions of stockholders could lose money out of their investments, mutual funds, or 401Ks if third party exploitation were allowed, nor could thousands of employees lose their livelihoods. Nope, the only people hurt if it were allowed would be executives with so much money they wouldn't miss a couple million, right? RIGHT?

If you can't tell the above paragraph is sarcasm, then I have some bad news for you: You're probably a duplicate created by an invading race of pod people. Or possibly an android of some sort. Or Vulcan.

LoMaX21 · March 2017

Alverant said:

Nintendo has an established track record that demonstrates our resolve to protect our iconic characters and franchises.

That includes violating the copyright laws in the US by issuing take down notices of game reviews on YouTube. Nintendo doesn't respect the copyrights of others so they deserve none themselves.

That's Nintendo Japan vs Nintendo of America though isn't it?

goboygo · March 2017

Kyleran said:

So much salt, of course they have a right to protect that which they create from unauthorized use.

The free stuff crowd lost an ally, of course their upset.

Wizardry · March 2017

This is why law needs to step and act towards big business who push their weight around because they have the money and clout.

If they are taking down reviews,then that has to be for certain an illegal action,it is a form of censorship to form a biased opinion of their products which i know for fact is illegal.

The problem with law is it is noting for a large corp to spend money in courts,the average citizen is NOT afforded the same rights because they do not have the financial means to do so.This is why law is suppose to act on behalf the people to make sure ideals and morals and the law is upheld and why we have agencies like the FTC.However they act when they see a financial winfall so in essence tax payers dollars are paying these government agencies to sit on their fat ass until someone with a lot of clout and money comes along.

I actually had to check because you never know when laws get changed by big corps for selfish reasons.Yes it is in fact NOT legal to take down reviews or criticism or commentary,including using video clips of said game.So since it is not illegal , Nintendo has been acting out in essence is a form of FRAUD by issuing unlawful citations to you tube reviews.It is also a form of intimidation/bullying as well i am sure a good lawyer can find many other reasons to counter sue Nintendo.

LackingMMO · March 2017

"King's company sold devices designed to circumvent Nintendo's console security to download and play unauthorized copies of its games."

And Nintendo are the bad guys here? Am I missing something that Nintendo did to be at fault in this case?

Kyleran · March 2017

SedrynTyros said:

LackingMMO said:

"King's company sold devices designed to circumvent Nintendo's console security to download and play unauthorized copies of its games."

And Nintendo are the bad guys here? Am I missing something that Nintendo did to be at fault in this case?

They're not at fault in this case, but they're unscrupulous dickheads in general when it comes to their manipulation of copyright law so I'll not cry any tears for them when their games get pirated; they totally deserve it.

Seriously two wrongs don't make a right.

Didnt your mother teach you anything?

Kyleran · March 2017

Alverant said:

Nintendo has an established track record that demonstrates our resolve to protect our iconic characters and franchises.

That includes violating the copyright laws in the US by issuing take down notices of game reviews on YouTube. Nintendo doesn't respect the copyrights of others so they deserve none themselves.

Wait, if they really violated US copy right law, someone could sue them.

Have any links to the allegations?

Aelious · March 2017

Kyleran said:

Alverant said:

Nintendo has an established track record that demonstrates our resolve to protect our iconic characters and franchises.

That includes violating the copyright laws in the US by issuing take down notices of game reviews on YouTube. Nintendo doesn't respect the copyrights of others so they deserve none themselves.

Wait, if they really violated US copy right law, someone could sue them.

Have any links to the allegations?

Well YouTube is the only one that can actually take down videos, right? You'd think they know the copyright laws so if they decide to take the video down, and they don't technically have to by law, shouldn't the ire be at YouTube?

I'm missing something here I bet, because I know 0 about those laws but something isn't adding up. Nintendo may be in bad form for not wanting bad YouTube reviews but I'm not sure they are breaking the law.

Aelious · March 2017

SedrynTyros said:

Aelious said:

Kyleran said:

Alverant said:

Nintendo has an established track record that demonstrates our resolve to protect our iconic characters and franchises.

That includes violating the copyright laws in the US by issuing take down notices of game reviews on YouTube. Nintendo doesn't respect the copyrights of others so they deserve none themselves.

Wait, if they really violated US copy right law, someone could sue them.

Have any links to the allegations?

Well YouTube is the only one that can actually take down videos, right? You'd think they know the copyright laws so if they decide to take the video down, and they don't technically have to by law, shouldn't the ire be at YouTube?

I'm missing something here I bet, because I know 0 about those laws but something isn't adding up. Nintendo may be in bad form for not wanting bad YouTube reviews but I'm not sure they are breaking the law.

Law isn't usually cut and dry but more often based on accepted norms and precedent. Nintendo routinely disregards the fair use clause of copyright law. Sure, the content creators on youtube could conceivably take Nintendo to court over the matter, but think about the cost involved. Nintendo knows what they're doing. They're bullying people who don't have the money to stand up to them. That's why I firmly believe they can suck a big one until they stop being giant assholes.

As far as I know law is pretty specific even though it may initially be based upon accepted norms and precedence. Who takes down the videos, Nintendo or YouTube? If it's YouTube are they required to by law? I honestly don't know.

Thebeasttt · March 2017

Nintendo have always been a bunch of babies. In the early days they used to demand streamers pay to put Nintendo gameplay on youtube.....

BizkitNL · March 2017

Hating on Nintendo is the new cool. Move along, nothing to see here.

Siveria · March 2017

I am thinking of getting a switch myself.. if if ever gets the vaunted 3rd party support they talked about. Though honestly I think Nintendo should go the way of sega and make its games for other consoles, and publish games, maybe stick to their handheld line cuz their only really successful thing after the snes's success has been the nds/3ds. The consoles have pretty much been failures due to a simple reason: people want games, and nintendo home consoles just have a severe lack of them.

Cross plstform stuff doesn't happen because nintendo built the system to weak or its too annoying/costly to cross platform a title. Dev don't wanna take a risk on it due to poor userbase. So it pretty much ends up in a death spiral.

Simmlar thing happened to the ps vita, and the main reason way it was just too powerfull for its own good. Better graphics are the more it'll cost to make games for it, and alot of smaller devs just couldn't afford the risk to make a vita game. Which meant a lack of games, which means even less people buying it, which gives devs even less incentive to make anything for it. aka the Death Spiral.

The switch does have potental, and if it got like Atlus rpgs in the amount the 3ds does, i'd probally get one myself. I'm not big on mario and zelda stuff, and its been ages since they did anything worthwhile with metroid. I only buy a console for console specific games, as I have a mid-end gaming pc, I get the game for pc over any other platform.

kitarad · March 2017

Alverant said:

Nintendo has an established track record that demonstrates our resolve to protect our iconic characters and franchises.

That includes violating the copyright laws in the US by issuing take down notices of game reviews on YouTube. Nintendo doesn't respect the copyrights of others so they deserve none themselves.

That is pretty shitty taking down videos like that knowing full well people are not likely to press the issue. Not that it diminishes what this guy Jeramie did and Nintendo was right to ask for protection.

Youtube does not have a very robust appeal system anyway. It has to be like that otherwise all those people who have limited knowledge on the law or even quite reticent individuals who put up youtube video will have their work easily stolen. I put up some videos and someone blatantly stole it and all I did was complain to youtube and they took down the other video. I was able to prove I was the original uploader of course since I had the earlier date and it was me personally doing the video but imagine if they made it too difficult or more complicated for me to stop someone else from stealing the video and uploading it as theirs. It would cause untold amount of damage and people would be hesitant to put anything up.

This is why they allow videos to be taken down easily. I think in such cases they should introduce additional rules to protect reviewers.

lahnmir · March 2017

The amount of hate for a product or company is directly related to the succes of said product or company, hating on succes is a thing it seems. Judging by the comments around here Nintendo is currently extremely succesful. Fortunately this is also backed up by sales numbers as the Switch is the best console launch for Nintendo ever, even beating the Wii.

/Cheers,
Lahnmir

Dragnelus · March 2017

Siveria said:

I am thinking of getting a switch myself.. if if ever gets the vaunted 3rd party support they talked about. Though honestly I think Nintendo should go the way of sega and make its games for other consoles, and publish games, maybe stick to their handheld line cuz their only really successful thing after the snes's success has been the nds/3ds. The consoles have pretty much been failures due to a simple reason: people want games, and nintendo home consoles just have a severe lack of them.

Cross plstform stuff doesn't happen because nintendo built the system to weak or its too annoying/costly to cross platform a title. Dev don't wanna take a risk on it due to poor userbase. So it pretty much ends up in a death spiral.

Simmlar thing happened to the ps vita, and the main reason way it was just too powerfull for its own good. Better graphics are the more it'll cost to make games for it, and alot of smaller devs just couldn't afford the risk to make a vita game. Which meant a lack of games, which means even less people buying it, which gives devs even less incentive to make anything for it. aka the Death Spiral.

The switch does have potental, and if it got like Atlus rpgs in the amount the 3ds does, i'd probally get one myself. I'm not big on mario and zelda stuff, and its been ages since they did anything worthwhile with metroid. I only buy a console for console specific games, as I have a mid-end gaming pc, I get the game for pc over any other platform.

http://www.polygon.com/2017/2/7/14534302/nintendo-switch-third-party-support

Anyways I dont need third party support for consoles I just play it on the pc even if I need to wait a year.

Switch is a good family console, going on a visit to your brother, parents, friends etc take the switch with you for the kids!

I bought a few switches and sold it, most ppl who bought it came with their kids, and some teens (18-21)

12 switch can be a fun drinking game.

Renoaku · March 2017

I call bullshit here, There should be Laws here in U.S which allow people to modify, and sell whatever type of devices they want, this is why personally I don't buy consoles, and if I do I get my games for free, for legal reasons I am not going to say how, but this being said this is why I won't buy nintendo games, XBOX, or Playstation games, in fact seeing bs lawsuits like this just makes me want to get all my stuff for free and not pay them a cent.

I do not believe certain things have Copyright Grounds, especially when it comes to Nintendo and restricting mods...

For example when you buy a Copy of a Video Game, or Console (YOU HAVE THE RIGHT TO MODIFY) set it on fire, Dump it in liquid Nitrogen anything you want with that copy of the hardware, There should be no lawsuit or legal ground here...

If I want to modify my Nintendo to paly Un-authorized copies of games, or such they have no right saying I can't do such (This is perfectly legal) just because my console could doesn't mean this is what I would do with it, but rather they should be legally required to build a case against each individual user who is committing Intellectual Property theft rather than try to shut down modifying console stores and such...

Also this just opens 3rd party services and jail-breaking services to sellers on ebay (You send the console) it gets modded and sent back, as well as underground black-markets making things tougher.

Kyleran · March 2017

kitarad said:

Alverant said:

Nintendo has an established track record that demonstrates our resolve to protect our iconic characters and franchises.

That includes violating the copyright laws in the US by issuing take down notices of game reviews on YouTube. Nintendo doesn't respect the copyrights of others so they deserve none themselves.

That is pretty shitty taking down videos like that knowing full well people are not likely to press the issue. Not that it diminishes what this guy Jeramie did and Nintendo was right to ask for protection.

Youtube does not have a very robust appeal system anyway. It has to be like that otherwise all those people who have limited knowledge on the law or even quite reticent individuals who put up youtube video will have their work easily stolen. I put up some videos and someone blatantly stole it and all I did was complain to youtube and they took down the other video. I was able to prove I was the original uploader of course since I had the earlier date and it was me personally doing the video but imagine if they made it too difficult or more complicated for me to stop someone else from stealing the video and uploading it as theirs. It would cause untold amount of damage and people would be hesitant to put anything up.

This is why they allow videos to be taken down easily. I think in such cases they should introduce additional rules to protect reviewers.

I took a quick look. They do not appear to randomly ask reviewers to take down postings.

They monetize and control everything, even reviews. Not whether it is positive or not, but if you are collecting advertising revenue for it, are you signed up for their program to pay them their 40% cut, which is their right to do so.

They also have a white list, if a game isn't on it, you can't stream and make money from it.

They won't permit videos created using illegal rom editor's, 3rd party mod makers (they sell their own) and the like which may extend even if you aren't earning revenues with it.

As far as I can tell in my short glimpse, if anything Nintendo is operating within US copyright law, and it appears if you aren't making money from reviewing their products, (or using illegal products) they won't prevent you from posting a video. (was true at least in Angry Joes Super Mario case in 2015)

Like it or not, people have no right to use another person's material without their permission and make money from it, nor may they hack, mod or misuse a product without permission.

hatefulpeace · March 2017

They must be doing worse than I thought if they are worried about some Canadians who hacked something. 12 million isn't a lot of money to a big corporation. I suppose though since all Thier hardware sucks, if people start hacking the stuff so you can play the games on other hardware, they have nothing. Guess it's prolly more of a message, they hope will deter others.

I don't see Playstation sue small time people for Thier hacks, or Microsoft for all the windows hacks.

Renoaku · March 2017

Even more pathetic

http://www.theverge.com/2017/2/24/14728398/nintendo-mario-kart-lawsuit-maricar-copyright-suit

What happened to peoples freedoms, and freedom to do whatever we frigging want, this is where the world becomes a dictatorship, and peoples rights are violated.

Shouldn't be able to copyright such things like this.

jimmywolf · March 2017

Renoaku said:

Even more pathetic

http://www.theverge.com/2017/2/24/14728398/nintendo-mario-kart-lawsuit-maricar-copyright-suit

What happened to peoples freedoms, and freedom to do whatever we frigging want, this is where the world becomes a dictatorship, and peoples rights are violated.

Shouldn't be able to copyright such things like this.

not sure what world you live in were coping another mans idea an selling it is ok an "peoples freedoms, and freedom to do whatever we frigging want." is a ignorant mans thoughts an what breeds entitlement issues lot people have in this world.

we do have lot freedoms an liberties in the US. just cause you don't get your way in everything or agree with things that must be controlled, does not mean we lack freedom. if their was no laws such as these then everyone would steal everything an say it my right as a free man....

Dragnelus · March 2017

Ahh its cause he sold flashcards for the 3ds

http://nu.nl/games/4522650/verkoper-van-ombouwapparaten-moet-nintendo-9-miljoen-euro-betalen.html

Just get them all, also sky3ds. I think you can play sun/moon on sky now.

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Fools find no pleasure in understanding but delight in airing their own opinions. Pvbs 18:2, NIV

Fools find no pleasure in understanding but delight in airing their own opinions. Pvbs 18:2, NIV

Fools find no pleasure in understanding but delight in airing their own opinions. Pvbs 18:2, NIV

Fools find no pleasure in understanding but delight in airing their own opinions. Pvbs 18:2, NIV