Well, Nintendo is infamous for their approach towards copyright issues and they defend their IPs fiercely.
Disney couldn’t even get Mario and/or Luigi to make an appearance in Wreck-It-Ralph because it was too expensive.
I also heard rumors that Nintendo wants even stricter legislation in place all over the world when it comes to copyright and piracy issues. I assume its based off of some 80’s mentality when they were sticklers on license agreements and company image idk.
I personally do not see the harm in these types of fanworks and I think creators really need to think of the pros/cons.
Sometimes, fanworks and piracy can create a following among an IP.
Some authors are using torrents in order to promote their books in different countries as a marketing strategy.
The way they see it, they rather have their works known than to be perpetually obscure.
Also, I think most people would buy a legal copy if it was available.
I always knew that Nintendo wasn’t exactly friendly with their fans in regards to fan-made games and content, and unfortunately, this is just another example of how extreme they are. If the creator of the game was constantly asking for donations to fund the game or to pay for the engine it ran on, then there would be some pliable excuse to use, but there’s no mention of it; only that he used music, mechanics, and design from the actual Mario games.
While developers such as Bethesda and BioWare encourage fan content, such as mods or game conversions, I doubt Nintendo would allow it to ever get that far when they’re too busy clamoring to take down anything with a copyright, no matter how non-profit or small it may be. Here’s hoping their views aren’t going to affect the already narrow mindsets of companies in the same market.
“We're actors — we're the opposite of people!”
― Tom Stoppard, "Rosencrantz and Guildenstern Are Dead"
If it were me I’d probably try to strike a deal with nintendo to work on the project together. Heck Nintendo should hire these guys and let them run the whole thing. I wouldn’t mind this as an HD remake.
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