Nintendo has reportedly gone after the Super Mario 64 PC port, making copyright claims over it

Mario-64-PC-1024x508.jpg

As many expected, Nintendo is likely going after the recently released fanmade Super Mario 64 PC port. After gaining notoriety and popularity throughout the internet, certain YouTube videos and Reddit posts featuring gameplay recordings of the port have been copyright claimed. It appears that Wildwood Law Group LLC, a group that has previously assisted Nintendo in these matters, is responsible for going after the uploads of the game. Not only that, but TorrentFreak is also reporting that they got ahold of a complaint that Nintendo filed with Google, in regards to a Google Drive download link of the game, with the statement, "The copyrighted work is Nintendo's Super Mario 64 video game, including the audio-visual work, software, and fictional character depictions covered by U.S. Copyright Reg No. PA[REDACED]." Links containing a download to an .XCI Nintendo Switch port of the game also appear to have begun making the rounds as well. Seeing that the group behind the Super Mario 64 PC port uploaded the complete game online all at once, many users have probably already backed it up to a variety of sources.

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Viri

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It's already out on the internet, you cannot do anything to get rid of it. Doing anything now will just cause a "Streisand effect".

By the way, they're also working on OOT, MM, Golden Eye, and Perfect Dark. It's also pretty easy to find the game. And before you ask, yes, it was already ported to the Switch. You can find it on Reddit.
 
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Mythical

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this!

like the chrono trigger 3D, for example. i like how some fan made projects just pop out of nowhere complete (and ip owners dont have time to make the project shut down before launch) XD
I can't find anything on a 3d chrono trigger game lol, do you know the name of it?
 

Daggot

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Tell that to Streets of Rage Remake. Anyways all Nintendo can go after is the precompiled exe files uploaded on the internet. They can and probably will attempt to DMCA the source code but the source code we have now contains no original Nintendo code and is legally allowed to stay up on the internet. This means that the source code and the means to build the PC port from source with just a few tools and a Mario 64 rom will remain even if Nintendo goes nuclear on everything.

I can't find anything on a 3d chrono trigger game lol, do you know the name of it?
He means this project that SE killed.
 

SkyDX

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How did they get the code? By reverse engineering? Or was it leaked?

I'm not into the legal world, so I'm not so sure about this; but whatever the way it was gotten, even if it's not exactly the same code line by line, it was a byproduct gotten from the game released by Nintendo (Super Mario 64). So, they have the right to sue about it.

The first idea is that you are correct, but sadly it doesn't work like that.
As the GitHub source code is derived (decompiled) from a ROM (a copy of original Nintendo work), it still belongs to Nintendo, even if the original function calls are named diferent, the methods are exactly the same.

If, on the other hand, all source code would had been created from scratch, this would be totally diferent, that's how emulators work, and that's why Nintendo can't do anything to delete them from existence, at least until some "smart guy" uses the recent source code leak and starts making improvements to his emulator. Then Nintendo would claim Copyright on that, and as most emulators are Open Source, well, devs must provide access to it.

I'm not into the legal-world either so I will just say what I've heard because it sounds logical to me. You two could be very well right but what I heard, first of all this code wasn't stolen or leaked, it was decompiled, so reverse-engineered from the ROM, which is legal to do from my last stand of knowledge.

And since the code is for a matter of fact different and the code itself contains no assets from Super Mario 64 Nintendo has no grounds to go after the code, the assets are provided by a ROM during compilation.
 

godreborn

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I guess Nintendo hates their own fans. its a fanmade game, Nintendo. do you know what that means? no one is trying to profit off of it either.
 

x65943

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I guess Nintendo hates their own fans. its a fanmade game, Nintendo. do you know what that means? no one is trying to profit off of it either.
Fan made game? It's literally decompiled Mario 64 optimized to run on PC. It is essentially an unauthorized Mario 64 port.
 

Shape

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I hate to be the one to point this out, but it almost doesn't matter what the legislation or legal precedent is.

Laws, in the USA, are actually the decisions of the court. The law is *not* what's on the books. What is on the books is only THE BASIS of how to get someone INTO court.

The actual law is whatever the judge decides is 'constitutional' or, alternatively, 'appropriate' to the situation, based on the arguments presented by the plaintiff and defendant.

That is why legal precedent is so important in the USA's legal system: an argument that has won before a judge previously is *much* more likely to win again, as a de facto "law".
 

regnad

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Are there any other N64 games in the wild that have received this treatment, or is Mario 64 it?

How is the Switch port of the PC port? Does it run equally well?
 

kumikochan

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If you don't aggressively defend your copyright, it can be held as evidence in court as to why you don't deserve it any more. Seriously, if you become too popular and don't defend it, then you lose it. Ot is a broken system, but watcha gonna do.

That being said, it sucks. Especially fan projects that never get finished. All those chrono trigger fan projects that never finished because they announced wayyy too early. Sadness. But glad this one was done at least. And the switch one.
I don't think that applies tho when it doesn't make money and the original copyright holder has been given credit. The losing your copyright thing in court normally only applies to not defending your copyright when abused and made profit from illegally. They can still legally take it down ofcourse but to my understanding losing the copyright to something only applies to when the abuser of copyright is making profit from it hence why we mostly never see other companies taking down non profit ports or fangames.
 

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