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Nintendo's legal team has stepped in to end development on fanmade Metroid project Prime 2D
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<blockquote data-quote="Exidous" data-source="post: 9568277" data-attributes="member: 553046"><p>Oh, I'm not disputing that. I'm attacking the edifice of copyright law in the U.S. as ridiculous elsewhere in this thread.</p><p></p><p>The part of my argument you responded to isn't the part about that legal claim though, it's about the cost/benefit analysis for Nintendo when considering whether to permit/license/tolerate fan games. Whether the courts will assume every copy of some college kid's fan game that was ever copied should be $60x3 in damages doesn't matter if said college kid is judgment proof - they usually are.</p><p></p><p>My argument is that as a practical matter, Nintendo should be weighing the fame/goodwill/advertising benefits of (good) fan games against the actual sales cannibalization risk from such good fan games. They should not, rationally, be weighing that benefit against the contrived, ridiculous copyright judgment damages which are not fulfilled in probably 90%+ of claims Nintendo makes. It's in their interest to overprice such items in order to make such inflated claims that then don't get paid. There's an internal logic to it, but it can hardly be called "accurate loss pricing."</p></blockquote><p></p>
[QUOTE="Exidous, post: 9568277, member: 553046"] Oh, I'm not disputing that. I'm attacking the edifice of copyright law in the U.S. as ridiculous elsewhere in this thread. The part of my argument you responded to isn't the part about that legal claim though, it's about the cost/benefit analysis for Nintendo when considering whether to permit/license/tolerate fan games. Whether the courts will assume every copy of some college kid's fan game that was ever copied should be $60x3 in damages doesn't matter if said college kid is judgment proof - they usually are. My argument is that as a practical matter, Nintendo should be weighing the fame/goodwill/advertising benefits of (good) fan games against the actual sales cannibalization risk from such good fan games. They should not, rationally, be weighing that benefit against the contrived, ridiculous copyright judgment damages which are not fulfilled in probably 90%+ of claims Nintendo makes. It's in their interest to overprice such items in order to make such inflated claims that then don't get paid. There's an internal logic to it, but it can hardly be called "accurate loss pricing." [/QUOTE]
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