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[BY2K]

http://kotaku.com/creator-of-hardes...tm_expid=66866090-52.r5txldOmRkqnbJxnyozIeA.2

Earlier this month, speedrunner Alex “PangaeaPanga” tweeted that his YouTube channel had been “wrecked.” Taking a closer look, I noted that even the popular video titled Item Abuse 3—which was billed as the “hardest Super Mario World level ever”—was taken down from the service after accruing over a million views. Alex says there’s a reason for that: Nintendo is becoming more aggressive on YouTube when it comes to tool-assisted speedruns (or, in other words, playthroughs of Mario games that utilize emulators.)

We wish to inform you that the videos in question infringe Nintendo’s copyrights. As the owner of the copyright in the games: Mario Kart 8, Super Mario World, and Pokémon, Nintendo has the exclusive right to perform the games publicly or to make derivative works based on the games. By making a derivative work using Nintendo’s IP, and then displaying Nintendo’s IP on your YouTube channel, you have violated Nintendo’s exclusive rights.

Nintendo understands that its fans are the reason for its success, and we are always happy to see people share their passion for Nintendo’s games. At the same time, Nintendo’s intellectual property constitutes its most valuable assets, and the unauthorized use of these assets jeopardizes Nintendo’s rights. Because of this, we ask that you please remove the video in question from your channel, and confirm that you will not post any videos using unauthorized software or copies of games, distribute or continue work on the modification, or take any other steps that would infringe Nintendo’s rights.

Nintendo encourages fan engagement on YouTube through the Nintendo Creators Program. Under the program, participants are granted a license to use Nintendo’s characters, games, and other intellectual property, subject to the Code of Conduct included with the agreement. However, please note that this Code of Conduct prohibits you, among other things, from posting any content using unauthorized software or copies of games. This includes videos featuring tool-assisted speedruns, which require making a copy of a game’s ROM file, and running the copied ROM through an emulator. If you are interested in learning more about the Nintendo Creators Program, please see:

Thank you for your understanding.

Sincerely,

Nintendo Anti-Piracy Team

It's pretty obvious it's because of the close release of Super Mario Maker that this is happening, but goddamn it, Nintendo.

 

[TheSlySoul]

Makes me glad Sega doesn't care about Sonic hacks.
Wonder how bad ProtonJon will be hit?

Also I like how the blank template does not mention it was a speedrun of a romhack that got taken down.

 

[vocab]

"Nintendo Anti-Piracy Team"

Ya, you guys are doing a bang up job.

 

[Zombie James]

Nintendo understands that its fans are the reason for its success, and we are always happy to see people share their passion for Nintendo’s games.

 

[Deleted member 80556]

"Hey, where else are we not doing terribly?"

"I think PR. We should take down some videos that promote our franchises!"

"Yeah! We'll surely get a promotion!"


Man, I hate Nintendo's Youtube team.

 

[Suikoguy]

For Speed Runs and TAS?

Wow

 

[BiggNife]

I mean, on one hand it sucks for the YouTubers getting hit by this, but on the other hand, Nintendo is fully within their rights to do this. I don't think SMW hacks were ever legal, since they're manipulating a copyrighted product without permission.

 

[jediyoshi]

Funny how they've utilized Game Grumps at this point and even they've played through rom hacks.

I mean, on one hand it sucks for the YouTubers getting hit by this, but on the other hand, Nintendo is fully within their rights to do this. I don't think SMW hacks were ever legal, since they're manipulating a copyrighted product without permission.

You're conflating things here, the point is that they've always been within their rights because of the sounds/imagery are theirs, not the hacking itself.

 

[AcademicSaucer]

Shouldnt this anti-piracy team go after gateway instead of TAS runners ?

 

[jonjonaug]

For Speed Runs and TAS?

Wow

Not speed runs, just things running on an emulator (anything that requires piracy to work).

 

[SunBroDave]

Nintendo gonna nintendo.

 

[MrBadger]

I guess this is about Super Mario Maker? Man, Nintendo always has to find some way to come off as complete assholes

Makes me glad Sega doesn't care about Sonic hacks.
Wonder how bad ProtonJon will be hit?

Some of the best Sonic stuff these days is fan made. It'd be disastrous if Sega did this.

 

[Broken Joystick]

Soon.

 

[Spotty Ren]

This includes videos featuring tool-assisted speedruns, which require making a copy of a game’s ROM file, and running the copied ROM through an emulator.

I do not like that one bit.

So what now? Every TASer of Mario games gotta order a TASBot and make them on a stock console? Come on.

EDIT : So I guess... Good bye, raocow. I'll miss you. MaGLX was fun.

 

[TheSlySoul]

I mean, on one hand it sucks for the YouTubers getting hit by this, but on the other hand, Nintendo is fully within their rights to do this. I don't think SMW hacks were ever legal, since they're manipulating a copyrighted product without permission.

IPS file is totally legal. You need a ROM which is where it gets tricky.
Nintendo cannot shut down Super Mario Central if they tried.

Seems TAS or speedruns of romhacks cannot be uploaded on YT according to the letter.

 

[Suikoguy]

Not speed runs, just things running on an emulator (anything that requires piracy to work).

Hmm, I just don't see how Nintendo benefits AT ALL from this.
Newer stuff you could argue people are watching instead of buying and playing it... but for old NES stuff?

It's just shooting yourself in the foot.

I wonder when the company will ever grow up?

 

[Jigorath]

Nintendo's attitude towards the YouTube community is beyond awful.

 

[Ferrio]

There's a lot of games that owe their success to youtubers and streamers, nintendo needs to get this through their heads.

 

[jediyoshi]

Not speed runs, just things running on an emulator (anything that requires piracy to work).

In that case, that's probably not it as there's no inherent connection between the two.

 

[Kinsei]

Hmm, I just don't see how Nintendo benefits AT ALL from this.
Newer stuff you could argue people are watching instead of buying and playing it... but for old NES stuff?

It's just shooting yourself in the foot.

I wonder when the company will ever grow up?

The virtual console. I'm not saying it's not stupid, but I see why they're doing it.

 

[Kouriozan]

Aw shit, RIP Kaizo Mario on Youtube.
If they dare take down that Nico Nico Mario World music video, I'll cry T-T

Edit : those like this one http://youtu.be/ia1mb0srRA8

 

[Zombie James]

Not speed runs, just things running on an emulator (anything that requires piracy to work).

Running games on an emulator doesn't require piracy.

 

[NCR Redslayer]

I guess its because they dont want people yo be confused with super mario maker.

 

[massoluk]

You know. It's hard to be mad at the Anti-Piracy team when they are being so polite about it in their letter.

I guess its because they dont want people yo be confused with super mario maker.

Can totally see this. Someone may have thought what's on the video is Super Mario Maker now that your own level can be created.
If Nintendo decide to make Super Pokemon Maker, the video of Twitch Play Pokemon probably will be gone.

 

[NESpowerhouse]

Come on, Nintendo. You're getting almost as bad as Disney as far as this copyright shit is concerned.

 

[MrHoot]

Nintendo coming in with a concept 10 years too late and is now trying to bully everyone else out of the scene ?

I really don't like this kind of attitude they have towards romhackers (and speedrunners/youtubers) communities. Their PR and little selfish "IT'S EITHER US OR NOTHING" attitude really sucks

 

[wiibomb]

There's a lot of games that owe their success to youtubers and streamers, nintendo needs to get this through their heads.

since when has Nintendo understood online? beggining by their shitty account systems, to not adding voice chat to game to this, it is pretty clear they are behind times with online-internet...

that or they are really trying be despots and making their content available only to their "VIP streamers"

 

[Red Devil]

There's a lot of games that owe their success to youtubers and streamers, nintendo needs to get this through their heads.

Well Super Mario Maker is all over YouTube lately... Also games yes, but what happens when it's romhacks?

 

[Victrix]

I love that they go after, literally, their most ardent fans with this shit.

These are people who invest hundreds or thousands of hours into the games, who provide enthusiasm and create community.

Unfortunately you could see this one coming a long way off, if you're going to do vidyagames on youtube, you need to be 100% that you can put up and monetize videos safely without danger of copyright claims. The power is not in your hands here.

 

[TheSlySoul]

Running games on an emulator doesn't require piracy.

Retron5 can patch IPS to your SMW cart, so you can play Romhacks legally.
You cannot argue TAS because it requires an emulator, but you can play romhacks without a ROM now.

 

[Battersea Power Station]

Running games on an emulator doesn't require piracy.

No, but in practice there is a correlation there that approaches 1:1.

I can't say I wouldn't do the same if I were in Nintendo's place, but I'm not, so I'm not sure.

 

[stufte]

Thanks Obama Nintendo

 

[StoneFox]

There are entire pokemon channels that use nothing but emulated games and hacks. If Nintendo has any consistency they will take down those too.

I mean, it sucks that these videos were taken down, but Nintendo has the right to do so even though people don't agree with it.

 

[BY2K]

I guess its because they dont want people yo be confused with super mario maker.

It's probably what it's about.

But as always, they are dealing with it using the grace of a trainwreck on a boat.

 

[John Kowalski]

Double Fine's video of Brandon hacking a Zelda rom is still up. I hope they don't get him too!

 

[Krejlooc]

Not speed runs, just things running on an emulator (anything that requires piracy to work).

You don't have to engage in piracy to use an emulator. Things like the Retrode allow someone to do a TAS entirely legally.

 

[Mashing]

Nintendo deserves all the criticism in the world for their Youtube policy. Hopefully a youtuber with enough bankroll takes them to court and wins. I guess they want to keep damaging their brand that's their prerogative. They sure know what they're doing in that regard.

 

[yatesl]

The timing feels like more than a coincidence with the release of SMM. Perhaps they don't want people confusing SMM with actual SMW level hacks.

 

[Red Devil]

Retron5 can patch IPS to your SMW cart, so you can play Romhacks legally.
You cannot argue TAS because it requires an emulator, but you can play romhacks without a ROM now.

So is it TAS or just romhacks?

 

[Shaanyboi]

Nintendo understands that its fans are the reason for its success, and we are always happy to see people share their passion for Nintendo’s games.

Sure ya are

 

[Bulzeeb]

I thing this is more like a "stop using room hacks and buy super mario maker if you want to upload crazy mario stuff"

 

[Victrix]

No, but in practice there is a correlation there that approaches 1:1.

I can't say I wouldn't do the same if I were in Nintendo's place, but I'm not, so I'm not sure.

Ooh! This old chestnut.

 

[Garrett Hawke]

Good job Nintendo.

 

[nib95]

I can see Nintendo losing ardent fans if they keep up this kind of policy control.

 

[TheSlySoul]

So is it TAS or just romhacks?

I have not watched his video to see if it was a TAS or not.
If ProtonJon gets hit, we know they are targeting ROM hacks specifically.

From the last sentence of the letter, it seems they are targeting TAS. It being a ROM hack seems to just be consequence.

 

[Raticus79]

In before we see TASbot being escorted out in handcuffs

 

[Timeless]

Partner with the EFF and/or ACLU. I'm not convinced the Supreme Court would rule that these videos are illegal.

 

[Kumubou]

So is it TAS or just romhacks?

Neither -- you can run the programmed inputs from a TAS through something like TASBot and replicate the playthough on real hardware with a real cart.

That and I would argue that claiming illegality of ROM dumps in any shape or form is dubious, at best (even if where they come from the vast majority of the time is indeed suspect).

 

[serenewarfare]

I think the people who say "Nintendo is completely within their rights to do this" are kind of missing the point. The argument isn't whether they can, it's whether they should. Do you really think a TAS SMW video is going to hurt anything Nintendo does? Any audience that is making that content or seeking that content would be your most ardent supporters, and you are basically telling them to stop having fun with this and go have fun with something else.

 

[PeakPointMatrix]

What absolutely shitty, short-sighted behavior. Leave it to Nintendo to facilitate the irrelevancy of their brand name.