Homebrew Some help with Legal and Illegal stuff

[redviper]

Nintendo actually doesn't own the copyright to "Mario." It's too generic of a name.

Wrong. At least in Germany, Nintendo has registered the trademarks "MARIO" (on 30/09/1982), "MARIO BROS." (on 04/05/1983) and "SUPER MARIO BROS." (on 10/04/1986). The registration of the MARIO trademark is still active and valid. I guess this is true to many other countries, too.

You can check it here by searching for the trademark text: https://dpinfo.dpma.de/protect/mar_e.html

 

[JDandy]

1.Can i keep the name "New super mario Bros 2"?
NO.

2.Can i use some old mario sprites ?
NO.

3.Can i use the sprites with some editing?
That would be lame as hell, but yes.

5.Can i use some backgrounds with editing or without editing??
Unedited; NO. Edited; lame but yes.

6.Can i use a little bit of music from it??
NO.

Funny thing about copyrighted material is that it is COPYRIGHTED. Which means that you MAY NOT USE IT.
Of course, you could go on I-don't-give-a-fuck-'bout-nintendo-OH-YEAHHHH mode and do as you like, but otherwise you need to;
-make your own sprites. (MAKE. FROM SCRATCH. (This means no editing))
-make your own backgrounds (How did you plan on editing them anyway? OH I PUT A FLOWER HERE AND I CHANGED THE COLORS A LITTLE, NOW NINTENDO WON'T BE ABLE TO TELL I STOLE THEIR BACKGROUNDS)
-make your own music, or use public domain music, or use music from artists who have given you permission. (This is hard, and you have my sympathies, kinda. Unless you're talented enough to make your own tunes (most people are not) finding something that sounds the way you want it to is nigh impossible.)

Basically, you have two options;
-stop making new super mario bros 2. You have no spriters, no artists, no musiscians, no nothing.
-make it (lol palib) and don't think twice about blatantly stealing anything you want

Nintendo actually doesn't own the copyright to "Mario." It's too generic of a name.

This is a fangame, so using most of that stuff is all pretty fine. You wouldn't be the first person to make, or even complete a Mario fangame. If Nintendo wrote you a C&D, you'd be the first person to get one! So you'll get some attention either way.
Nintendo wouldn't jump from no action to legal charges, their PR isn't that bad. The next step is C&D letters, which they haven't even started with.

In procedural law, you could even try to slap them with "fair use" since it's just a(nother) fan game and they sent no C&D, like damn. Not to underestimate Nintendo's legal team, but they're more about words than action.

Nintendo actually doesn't own the copyright to "Mario." It's too generic of a name.
WORLD IS SHOCKED BY NEWS! NINTENDO DOES NOT OWN COPYRIGHT TO MARIO, BECAUSE MARIO IS TOO GENERIC. SONY BUYS THE COPYRIGHT, NINTENDO STOCKS PLUMMET!

This is a fangame, so using most of that stuff is all pretty fine. You wouldn't be the first person to make, or even complete a Mario fangame. If Nintendo wrote you a C&D, you'd be the first person to get one! So you'll get some attention either way.
Not that you deserve any for doing NOTHING

In procedural law, you could even try to slap them with "fair use" since it's just a(nother) fan game and they sent no C&D, like damn. Not to underestimate Nintendo's legal team, but they're more about words than action.
HA HA, NO. Jesus, kid. Nintendo's legal team is more about words than action.

 

[BlueStar]

Usually the answer to all of your questions would be no. But seeing as this project is never going to result in anything even vaguely resembling a game, knock yourself out, rip off whatever you like.

 

[alex]

LOOK

this game has many copy right issues....http://gbatemp.net/index.php?showtopic=105213 , so why cant i have a mario sprite with editing?
Erm, the sprites are from RPG Maker, they come with it and give you the right to use them if you are not good with sprites, so it's not really copyright. :S

And anyways, even if you did get a edited Mario, you would still have to make the game.

(I read through the Nintendo legal thing for boredom.)

From the legal thingyCan Websites and/or Internet Content Providers be Held Liable for Violation of Intellectual Property Rights if they are Only Providing Links to Illegal Software and/or Other Illegal Devices?

Yes. Personal Websites and/or Internet Content Providers sites That link to Nintendo ROMs, Nintendo emulators and/or illegal copying devices can be held liable for copyright and trademark violations, regardless of whether the illegal software and/or devices are on their site or whether they are linking to the sites where the illegal items are found.

So GBATemp could be taken down?

 

[ChaosBoi]

Actually, I think this whole thing might be okay for 2 reasons, but I wouldn't use the name "New Super Mario Bros. 2" as it might make it seem like Nintendo made it and if it caused any damage of sorts, it's going to be bad for both you and the big N.

Reasons why it might be okay:

1) As long as you're not making any profits from this, game companies usually don't care.

2) Nintendo allows Zelda fan games so why not Mario fan games?

The graphics ripping part kinda varies since it seems to be a little gray in the area. I mean, people can say it's "Fair Use" but it is never clearly stated how far that rule extends. It falls under copyright infringement, and in some cases, the DMCA depending on its format. If you ripped the graphics from a game that has them unencrypted, it's copyright infringement. If the graphics were encrypted, then it would fall under the DMCA due to security measures being broken (Even if you just took screenshots and ripped them that way).

Again, I'm not 100% sure about the legality issues regarding this subject.

 

[Zenith94]

I don't think its illegal. If you don't license it, or as chaosboi said, make money from it, you should be fine. Just include nintendo in the credits or something like that.

 

[cocomonk22]

2) Nintendo allows Zelda fan games so why not Mario fan games?

Ever heard of Mario Fan Games Galaxy?

 

[updowners]

.

 

[ChaosBoi]

2) Nintendo allows Zelda fan games so why not Mario fan games?

Ever heard of Mario Fan Games Galaxy?

Not until now

. The only other Mario fan games I've heard of were patches of heavily hacked Mario World games at SMWCentral (Forgot the link at the moment), in which they made without Nintendo's consent and therefore didn't care if it was legal or not to do so.

 

[12elis]

hey,

some of u might know that me and my team our working a on a Super mario Bros 2 project..

Questions..

1.Can i keep the name "New super mario Bros 2"?
2.Can i use some old mario sprites ?
3.Can i use the sprites with some editing?
5.Can i use some backgrounds with editing or without editing??
6.Can i use a little bit of music from it??

thanks a lot

1. Using the name New Super Mario Bros 2 is illegal for sure, because it is copying the name.
2. WTF are sprites?
3. No you cannot use what ever sprites are for editing if they come from the previous game
4.WTF are sprites?
5. You cannot use any of the back grounds at all
6. Using even the smallest amount of music from it will be illegal

Basically pretty much you are doing is illegal. If you still want to make the game then you will have to make everything from scratch, including the name of the game, name of characters, music, backgrounds, everything! Hopefully this will be successful and I will have a great homebrew game for myself http://gbatemp.net/style_emoticons/default/yaynds.gif

 

[redviper]

2. WTF are sprites?

http://en.wikipedia.org/wiki/Sprite_(computer_graphics)

 

[Brian117]

This project is dead x_x,

Just stop replying to this.