Homebrew Nintendo copy right?

Can Nintendo pull the website 3dsthemse.com down?


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DoJo_Master

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(Not sure if this goes here, but it is homebrew development) I own the website 3dsthemes.com and I am worried that its getting popular enough that Nintendo might want to pull the website down due to copy right!

A) Is the website in danger of copyright fraid?

B) Can I do something if it is? (Example making it an education website)

C) How do I do this?

Thanks so much!, this has been worrying me for awhile and I just want to get it out of the way befor something bad happens!!! xD
 
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Axido

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"Can Nintendo pull the website 3dsthemse.com down?"

Well, either they already have taken it down or a site like "3dsthemse.com" never existed. Just sayin'. ;)
 

DoJo_Master

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^

Custom ones or ripped ones?

"Can Nintendo pull the website 3dsthemse.com down?"

Well, either they already have taken it down or a site like "3dsthemse.com" never existed. Just sayin'. ;)


well its user submitted themes but its using copyrighted characters and stuff, like mario! Also its 3dsthemes.com I did a spelling mistake :/
 

Arras

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well its user submitted themes but its using copyrighted characters and stuff, like mario! Also its 3dsthemes.com I did a spelling mistake :/

Pretty sure Nintendo only cares if you seek to make a profit off it or people can think it's official. As long as it's neither of those, I'm pretty sure there should be no issue.
 
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59672

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Seeing as the site is hosted in the US it appears, a good move to protect yourself is to abide by the Digital Millennium Copyright Act, I'm not gonna go through all the details be just ut in essence it protects site owners and companies from user submitted material, as long as they follow a set of rules that in essence, make it easy for copyright owners to contact you for a swift removal of the infringing item.

But if they're just custom themes being hosted for free there, fair use would protect you, it would help though to have a disclaimer at say, the bottom stating any copyrighted characters or works are copyright their respective owners, used under fair use, yada yada.
 
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Gamemaster1379

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Well, assuming that you aren't using copyrighted code of some sort to somehow sign the themes or whatever, no, it should be good. The only concern you could possibly have is the themes containing copyrighted materials (images/media)--but as stated in other posts, you shouldn't have to worry about anybody coming after you unless you're charging and making a profit. And, in those cases, I think all you have to do is remove the themes being claimed under copyright and you're good.
 

gamesquest1

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yeah, just stick a "all content submitted is the responsibility of the uploader, and all images,characters and names are copyright of their respective copyright owners, 3dsthemes.com claims no owership, or copyright on any user submitted content"

and the obligatory DMCA removal request link for any pissy copyright owners
 

Slushie3DS

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Gamesquest beat me. Simply put a good ol' fashion, "All characters, names, and registered content is trademark of their respected owners." at the bottom of your HTML.
 
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