if that would be the case most if not all emulators,wrappers,interpretation layers ,mods,fan games etc were illegal cuz u could argue its somewhat part of intelectual property
most of those who gotten taken down by c&d got taken down out of fear because nintendo has the money for the legal process what most of normal people lacks and thats a big point y so many hate on nintendo
(remember not every country has the same law and those drakonic japanese laws like for instance its illegal to cheat pokemon,to have a smash tournament or even hack your own console does only aplly in japan)
on the other side you could argue that those fangames are fair use since theyre werent sold or in other words those are non profit projects and recreating the game and assets are somewhat transformative
at least here in germany this case would be dissmissed since they used their own code and made their own assets and they didnt provide the rom
and in your both twisted logic it would be illegal even just to draw a charachter what somewhat resembles mario even a fanstory about link or any other ninty charachter would be illegal
cmon guys pleas dont be so braindead
this isnt a topic which you can easiely split in black and white there are so many factors at play here
if it were so illegal y doesnt any other game company acts like nintendo? you may say nintendo has to act because if they dont they copyright might get expired but in the realworld this never happend and it wont automaticly be public domain if they dont act just like the case with old disney movies
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I'm wondering, are you trolling at this point, or actually this dumb? Because this really is... Wow...
First of all: fan comics fall under fair use, a total difference. However, if I would redraw an existing comic, picture by picture, it would no longer be fair use.
Emulators do not have any copyrighted materials, they work by supplying the roms and bios. Those are copyright protected, it's why you're not allowed to post links to them, or why rom sites are being taken down. The fact that you even mention this in this debate, clearly shows you don't have a single idea what you're talking about.
I don't know how many times I can explain it, because I have the feeling you're just reading parts you want and ignoring everything else: it doesn't matter that they wrote their own code!!! It doesn't matter that they have redrawn all sprites. I'm from Belgium, we are bound to mostly the same law due to the EU, and no, not a single judge would dismiss this case. This was a clear copyright infringement. Here, I actually looked it up for you:
Copyright infringement (at times referred to as piracy) is the use of works protected by copyright without permission for a usage where such permission is required, thereby infringing certain exclusive rights granted to the copyright holder, such as the right to reproduce, distribute, display or perform the protected work, or to make derivative works.
Keyword in this text: REPRODUCE. So again, no, it doesn't matter that they written their own code! You know what their own code allows? Using it for a game with assets they have either created from the ground up, of have the rights for to use, with layouts they have created themselves, and with music they are entitled to use or have created themselves.
Or, they could have released an original fan game, though Nintendo would also have been in their right to pul it down. Fair use is harder to claim for fanmade videogames, as one could argue people could confuse it for a legit Nintendo product.
You go on calling people brain dead, that they have logic. But honestly, you haven't made a single decend argument so far. You keep yelling things that just plainly aren't true, and hope you can bully others into saying you're right.
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