There's a lot of misconceptions as to what Nintendo seems to cease and desist. But it's actually pretty simple. I've made a list of the things they choose to C&D.
Nintendo seems to only attack their biggest threats. It's not like they're going to go after you for distributing a WAD of a Wii IOS file.
I believe their lawfirms C&D you by sending you an email or sending documents over UPS or FedEx that require your signature. I've seen Nintendo use Wildwood Law Group (in the US) and Mishcon de Reya (in the UK) as lawfirms, but there's probably a lot more.
I am curious though if they press charges if you ignore the letters they send. I know someone took down a Super Smash Bros. mod page after they got an email about it, but the lawfirm never responded when they took it down.
P.S. mods, I'm not sure if naming these default romsites is against the rules, please snip them if they are.
- ROM sites.
- Especially ones that are blatant copyright infringement. The sites that show up when you search "super mario odyssey nsp download" or whatever.
- They seem to not go after romsets that much...
- Nintendo is most concerned about Switch piracy right now, as it's their biggest threat.
- Just to name a few Nintendo has taken down:
- DarkUmbra
- LoveROMs
- ROMShepherd
- ROMsuniverse
- Impressive fan games.
- Especially ones that have a similar concept to something Nintendo is currently developing. Or a fan game that someone is trying to sell for a price (making money off of Nintendo's assets).
- Just to name some examples:
- Mario Royale - similar concept to Super Mario Bros. 35
- Super Mario 64 (recompiled) - Super Mario 3D All-Stars includes that game.
- Prime 2D - Metroid Dread is a thing.
- Tournaments for Nintendo games that people are selling tickets for.
- Nintendo probably goes after these because people are making money off of Nintendo's games, which is not fair to them.
- Examples:
- Riptide
- The Big House
- Unlicensed accessories and products, including ones that allow piracy.
- Nintendo probably doesn't like how people make money off of unlicensed accessories.
- Examples:
- freeShop (3DS app to download games free from Nintendo's CDN)
- After a C&D that didn't stop development, Nintendo patched the ability to use the app.
- They also went after unauthorized use of the Nintendo eShop logo, but that obviously wasn't why Nintendo went after freeShop.
- SX OS (piracy tool)
- Unlicensed Joy-Cons
- freeShop (3DS app to download games free from Nintendo's CDN)
- Other blatant misuse of Nintendo's trademarks.
- Examples:
- Maricar (IRL go-kart experience that shamelessly uses Nintendo's characters and other assets)
- SuperMarioLogan (monetized YouTube channel making crude videos using Mario and other characters in puppet form)
- Examples:
Nintendo seems to only attack their biggest threats. It's not like they're going to go after you for distributing a WAD of a Wii IOS file.
I believe their lawfirms C&D you by sending you an email or sending documents over UPS or FedEx that require your signature. I've seen Nintendo use Wildwood Law Group (in the US) and Mishcon de Reya (in the UK) as lawfirms, but there's probably a lot more.
I am curious though if they press charges if you ignore the letters they send. I know someone took down a Super Smash Bros. mod page after they got an email about it, but the lawfirm never responded when they took it down.
P.S. mods, I'm not sure if naming these default romsites is against the rules, please snip them if they are.