IF there was ever a Mario Maker clone for 3DS, which will probably never ever happen, the first thing that would happen would be a Cease and Desist from Nintendo because the game is still in production and it would be taking away profits from them.
Last edited by Deleted member 282441,
That's rather silly. Mario themed homebrew, fangames, and clones have coexisted fine with Nintendo since the early 90's without receiving widespread C&D's.
It's extremely unlikely that kind of project would be large enough for Nintendo to even care.
Nintendo has been removing videos of SMW romhacks from NicoNico ever since Mario Maker was announced. And before there wasn't an official Mario Maker.
Although SMBX is still around, so maybe not...
Last edited by Deleted member 282441,
That seems more than likely related to their recent content ID agreements with video sharing websites such as youtube.
You can get into a Nintendo partnership program where you can upload videos without having them content ID flagged and removed, but a portion of your ad revenue will go to Nintendo.
This is legal as you are a user and are abiding by whatever terms youtube decides with the service they are providing when you upload a video.
It's still legal for you to make a fangame, and it's still legal for you to use copywritten assets when it is transformative for the purposes of education or commentary.
Just like it's legal for youtube to hold your content hostage and refuse to host a video of it unless they and Nintendo receive a share of the adrevenue that they would otherwise have no right to.
As far as C&D's that usually only happens when someone is trying to turn a profit off copywritten assets, or a project gets large enough that the company feels it has to take legal action or it would likely possibly lose legal control over some of their assets.
This was the case with Hasbro sending a C&D to the Fighting is Magic (My Little Pony Fighting Fangame) team, as the game was receiving major fighting convention/tournament and media coverage.
who gives a shit? tempers have probably broken so many laws with their special and obviously copyrighted homebrews, and look, they're not behind bars. the kid that made mario maker for smileBASIC isn't behind bars either, nor is the guy that made the PTC demake. pls
You really have nothing to worry about legally unless you are specifically trying to turn a quick profit such as with bootleg games (pokemon hacks, knockoffs, etc.) seen in the oversea markets.
A simple fangame or homebrew author usually really isn't doing anything inherently illegal as most of their work falls under fair use through parody or education.
Unfortunately should a large company send a C&D it wouldn't really behoove the homebrew author in the long run to waste a fortune fighting in court to explain how his use of copywritten assets falls under fair use.
This is why many projects abandon upon receiving a C&D letter despite what they were doing being perfectly legal.
P
PaiiNSteven
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A while ago someone said that their MIGHT be lunar magic for the 3DS, but thats been about it.
Seriously, stop the spam.
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*ahem https://github.com/MarcuzD/MM cough*
Seriously, stop the spam.
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*ahem https://github.com/MarcuzD/MM cough*
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Let's make a wiiU emulator for 3DS! 
And use search function https://gbatemp.net/threads/request-super-mario-maker-3ds.398321/
And use search function https://gbatemp.net/threads/request-super-mario-maker-3ds.398321/
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Heh, theres a error with that, something about directory for main.lua, can someone help me with this?
In the hypothetical case someone did want to make a Super Mario Maker clone for the 3DS and didn't want to worry about NIntendo C&Ding them for copyright infringement of the art assets, just include terrible hand-drawn place-holder art that can be replaced with the actual art. May not be so trivial for the NSMB theme, but should work adequately for the 2D Marios.
I'm guessing the word he was actually looking for was "constantly", though "consistently" works, too.
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