Homebrew Nintendo copy right?

Can Nintendo pull the website 3dsthemse.com down?


  • Total voters
    41

Deboog

Well-Known Member
Member
Joined
Jun 22, 2013
Messages
747
Trophies
0
Age
28
XP
906
Country
United States
Don't those Mario and Luigi themes have the bottom screens the same as the official Nintendo ones? I don't think you can host that.
 

RachelB

Well-Known Member
Member
Joined
Jul 16, 2013
Messages
151
Trophies
0
Age
32
XP
135
Country
United States
Some of these themes are definitely using copyrighted art. If any company contacts you and requests that you remove specific themes, be sure that you do so, and you'll be fine. You may wish to be more proactive, to avoid trouble, but legally you do not have to do anything unless they ask, as far as i know, according to rules in the dmca, which, as was mentioned, provides certain protections for sites like this. I am not a lawyer though, and if you wish to be sure of your responsibilities, you should talk to one.
 

DoJo_Master

Well-Known Member
OP
Member
Joined
May 7, 2013
Messages
637
Trophies
0
Age
31
Website
www.3dsthemes.com
XP
471
Country
Canada
Don't those Mario and Luigi themes have the bottom screens the same as the official Nintendo ones? I don't think you can host that.

thought so...
Some of these themes are definitely using copyrighted art. If any company contacts you and requests that you remove specific themes, be sure that you do so, and you'll be fine. You may wish to be more proactive, to avoid trouble, but legally you do not have to do anything unless they ask, as far as i know, according to rules in the dmca, which, as was mentioned, provides certain protections for sites like this. I am not a lawyer though, and if you wish to be sure of your responsibilities, you should talk to one.
noted!
 

GotKrypto76

That one PHP guy.
Member
Joined
Dec 1, 2014
Messages
302
Trophies
0
Location
The Chamber of Kim
XP
232
Country
Saint Kitts and Nevis
First off, I think you'll be fine, and sorry for being so late to the topic. Secondly, very glad someone else took this idea up! I had began making a site like this a while ago, and had some PHP/MySQL done, but no domain or custom template. Are you guys in need of any other staff?
 

Hashtastrophe

Wizard
Member
Joined
Jan 12, 2015
Messages
442
Trophies
0
Location
Yes that kind of wizard.
XP
435
Country
Canada
well its user submitted themes but its using copyrighted characters and stuff, like mario!
If that kind of stuff were grounds for a C&D then DeviantArt would be looooooooooonnnnnnggg gone.
---
I should probably mention that I'm referring to original works depicting copyrighted characters and whatnot, not blatantly reusing art assets for "new" themes.
 

DoJo_Master

Well-Known Member
OP
Member
Joined
May 7, 2013
Messages
637
Trophies
0
Age
31
Website
www.3dsthemes.com
XP
471
Country
Canada
First off, I think you'll be fine, and sorry for being so late to the topic. Secondly, very glad someone else took this idea up! I had began making a site like this a while ago, and had some PHP/MySQL done, but no domain or custom template. Are you guys in need of any other staff?

Yes please! Give me a pm if your interested!!!
Your Gateway theme is outdated. Where's Slypher the Sky Dragon?
very busy I dont have allot of time to update the website but I try nightly, it should be up to date now... didnt get any more subs as of now.
If that kind of stuff were grounds for a C&D then DeviantArt would be looooooooooonnnnnnggg gone.
---
I should probably mention that I'm referring to original works depicting copyrighted characters and whatnot, not blatantly reusing art assets for "new" themes.
deviant art goes under artistic license, because its an art form they can get away with anything! Have you ever heard of notstarbucks?
 

Hashtastrophe

Wizard
Member
Joined
Jan 12, 2015
Messages
442
Trophies
0
Location
Yes that kind of wizard.
XP
435
Country
Canada

DoJo_Master

Well-Known Member
OP
Member
Joined
May 7, 2013
Messages
637
Trophies
0
Age
31
Website
www.3dsthemes.com
XP
471
Country
Canada
Am aware. I was saying that your response comes off sounding like sarcasm. Besides, creating new themes would count as an "art form" and if it doesn't, a third of (at least) DA's stuff is in violation of copyright law.

I guess it would!, do you know what I could say on the site regarding telling people that its an art form lol, check my current footer as thats what I have... i got no clue if I should modifiy now or not
 

Hashtastrophe

Wizard
Member
Joined
Jan 12, 2015
Messages
442
Trophies
0
Location
Yes that kind of wizard.
XP
435
Country
Canada
This better? (I fixed some grammatical errors and added some things commonly found in copyright footer text)

All content uploaded to 3DSThemes.com is the responsibility of the uploader. All images, sounds, characters, names or logos are the property of their respective copyright holders and 3DSThemes.com makes no claims on the ownership, nor the copyright of any user submitted content unless otherwise stated. If you have a removal request please contact us!
 

Hashtastrophe

Wizard
Member
Joined
Jan 12, 2015
Messages
442
Trophies
0
Location
Yes that kind of wizard.
XP
435
Country
Canada
Edited the disclaimer text slightly. As for the art form thing? I dunno. Pretty sure it's implied but if you want to, then sure.

I mean, worst case is a cease and desist letter. Then you just remove the offending material and move on.

Slightly Offtopic: I really should stop being a lazy arse and make some themes for people to use.
 

gamesquest1

Nabnut
Former Staff
Joined
Sep 23, 2013
Messages
15,153
Trophies
2
XP
12,237
You should be good with just the disclaimer, couldn't really imagine you will get much attention from nintendo over images, but possibly music busy bodies (if anyone uploads themes with like proper music) they like hunting people down over minor things, but still they should just request a removal rather than go for any official action, if you get any submissions from people with artists under big labels, maybe best not to have the mp3 sample preview available

But again, you would likely get takedown requests if anything, just do what your doing until anything happens, then you can re-evaluate
 

DoJo_Master

Well-Known Member
OP
Member
Joined
May 7, 2013
Messages
637
Trophies
0
Age
31
Website
www.3dsthemes.com
XP
471
Country
Canada
You should be good with just the disclaimer, couldn't really imagine you will get much attention from nintendo over images, but possibly music busy bodies (if anyone uploads themes with like proper music) they like hunting people down over minor things, but still they should just request a removal rather than go for any official action, if you get any submissions from people with artists under big labels, maybe best not to have the mp3 sample preview available

But again, you would likely get takedown requests if anything, just do what your doing until anything happens, then you can re-evaluate

I agree, ill keep it slow and steady.. I think what I have as a footer now is fine and if any removeal requests come in ill be sure to fix the site..... the music preview on the other hand, gota deal with that :L
 

gamesquest1

Nabnut
Former Staff
Joined
Sep 23, 2013
Messages
15,153
Trophies
2
XP
12,237
Yeah I think the mp3 preview is a cool feature, as long as people don't start uploading entire albums bundled with themes, I doubt you will have any issues,
 

Site & Scene News

Popular threads in this forum

General chit-chat
Help Users
  • No one is chatting at the moment.
  • Veho @ Veho:
    Mkay.
  • Veho @ Veho:
    I just ordered another package from China just to spite you.
  • SylverReZ @ SylverReZ:
    Communism lol
  • SylverReZ @ SylverReZ:
    OUR products
  • The Real Jdbye @ The Real Jdbye:
    @LeoTCK actually good quality products are dying out because they can't compete with dropshipped chinese crap
    +2
  • BakerMan @ BakerMan:
    @LeoTCK is your partner the sascrotch or smth?
  • Xdqwerty @ Xdqwerty:
    Good morning
  • Xdqwerty @ Xdqwerty:
    Out of nowhere I got several scars on my forearm and part of my arm and it really itches.
  • AdRoz78 @ AdRoz78:
    Hey, I bought a modchip today and it says "New 2040plus" in the top left corner. Is this a legit chip or was I scammed?
  • Veho @ Veho:
    @AdRoz78 start a thread and post a photo of the chip.
    +2
  • Xdqwerty @ Xdqwerty:
    Yawn
  • S @ salazarcosplay:
    and good morning everyone
    +1
  • K3Nv2 @ K3Nv2:
    @BakerMan, his partner is Luke
  • Sicklyboy @ Sicklyboy:
    Sup nerds
    +1
  • Flame @ Flame:
    oh hi, Sickly
  • K3Nv2 @ K3Nv2:
    Oh hi flame
  • S @ salazarcosplay:
    @K3Nv2 what was your ps4 situation
  • S @ salazarcosplay:
    did you always have a ps4 you never updated
  • S @ salazarcosplay:
    or were you able to get new ps4 tracking it \
    as soon as the hack was announced
  • S @ salazarcosplay:
    or did you have to find a used one with the lower firm ware that was not updated
  • K3Nv2 @ K3Nv2:
    I got this ps4 at launch and never updated since 9.0
  • K3Nv2 @ K3Nv2:
    You got a good chance of buying a used one and asking the seller how often they used or even ask for a Pic of fw and telling them not to update
    K3Nv2 @ K3Nv2: You got a good chance of buying a used one and asking the seller how often they used or even ask...