Keiko – Deviant Art
Everyone knows that Nintendo is very protective of their intellectual property. However, fan interest is so high that many people still feel compelled to create products incorporating elements of Nintendo owned games and characters. One such portal which has created many examples of this infringement is the open sourced independent gaming community GameJolt, who recently received a DMCA takedown letter from Nintendo. Gamejolt offers free indie downloadable and browser-based organized by genre and user rating and also includes screenshots, trailer videos, chat rooms, and forums.
GameJolt actually posted the takedown notice for transparency, this is what it looks like if you were curious:
We represent Nintendo of America Inc. (“Nintendo”) in copyright matters. Certain material posted on the web site located at gamejolt.com infringes copyrights owned by Nintendo. This notice is provided pursuant to the Digital Millennium Copyright Act, 17 USC § 512.
Nintendo requests that gamejolt.com disable public access to certain pages of the web site located at gamejolt.com based on the following information.
The copyrighted works at issue are Nintendo’s video games, including the audiovisual work, images, and fictional character depictions from the following:
Nintendo’s Super Mario video game franchise, and protected along with the audiovisual work, images, and fictional character depictions from, including but not limited to, the following U.S. Copyright Reg. Nos. PA0000273028, supp. by PA0000547457 (Super Mario Bros.); PA0000427614, supp. by PA0000547456 (Super Mario Bros. 2); PA0000563454 (Super Mario Bros. 3); PA000532077, supp. by PA0000786376 (Super Mario Land); PA0000576039, supp. by PAu002116393 & PA0000757139 (Super Mario World); PA0001692032 (Super Paper Mario); PA0001250090 & PA00012500091 (Mario Party 3); PA0000593952 (Super Mario Kart); PA0001223065 (Mario Kart: Double Dash); PA0001393510 (Mario Kart DS); PA0001250348 (Mario Golf: Toadstool Tour); PA0001905153 & PA0001916996 (Mario Golf: World Tour); and PA0001063649 (Mario Tennis).
The Legend of Zelda video game franchise, including but not limited to U.S. Copyright Reg. Nos. VA0001419268 (Link character); PA0000356140 (The Legend of Zelda); PA0000901848 (The Legend of Zelda: Ocarina of Time); PA0000576040 (The Legend of Zelda: Link to the Past); PA0001264826 (Legend of Zelda: Four Swords Adventure); PAu002896723 (The Legend of Zelda: The Minish Cap); PA0001689056 (The Legend of Zelda: Spirit Tracks); PA0001223171 (The Legend of Zelda: Wind Waker); and PA0001370023 (The Legend of Zelda: Twilight Princess).
The copyrighted works are Nintendo’s Pokémon video game franchise, including but not limited to the audiovisual work, music, fictional character depictions, and other imagery from U.S. Copyright Reg. Nos. PA0000955517 (Pokémon Gold); PA0000955467 (Pokémon Silver); PA0001670627 (Pokémon HeartGold); PA0001752725 (Pokémon SoulSilver); PA0000939624 (Pokémon Yellow); PA0001138332 (Pokémon Crystal); PA0001763177 (Pokémon Diamond); PA0001791831 (Pokémon Pearl); PA0001781889 (Pokémon Platinum); PA0001306449 (Pokémon Emerald); PA0001138321 (Pokémon Sapphire); PA0001138320 (Pokémon Ruby); PA0001249017 (Pokémon FireRed); PA0001249016 (Pokémon LeafGreen); PA0001722240, supp. by PA0001396662 & PA0001396668 (Pokémon Black); PA0001722238, supp. by PA0001396667 & PA0001396661 (Pokémon White); and PA0001227803 & PA0001227789 (Pokémon Pinball: Ruby & Sapphire).
The infringing material is located at the following web pages:
These web pages display images of Nintendo’s video game characters in connection with unauthorized online games that copy the characters, music, and other features of Nintendo’s video games. The web site at gamejolt.com generates revenue from advertising banners displayed on the site and advertisements played while users wait for the games to load.
I have a good faith belief that use of the copyrighted materials described above is not authorized by the copyright owner, its agent, or the law. I hereby state that the information herein is accurate and, under penalty of perjury, that I am authorized to act on Nintendo of America Inc.’s behalf.
We would appreciate your expeditious removal of all infringing content. Please contact me immediately with any questions.
This letter is not intended to and shall not waive or prejudice any rights and remedies that Nintendo may have at law, in equity or otherwise. Any and all such rights and remedies are hereby expressly reserved.
[private] Nintendo of America Inc. 4600 150th Ave. NE Redmond, WA 98052 [private] [email protected]