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Via Automaton West

Nintendo posted an updated version of their “Game Content Guidelines for Online Video & Image Sharing Platforms” on September 2, strengthening their terms significantly. The update adds one new clause and edits two supplementary explanations that users must comply with when sharing and/or monetizing Nintendo-related content online.

The biggest change to Nintendo’s guidelines is the following new clause: “We reserve the right to object to any content that we believe is unlawful, infringing, inappropriate, or not in line with these Guidelines. We reserve the right to no longer allow the use of Nintendo Game Content in case of such violations.” The Japanese version of this clause is worded somewhat more explicitly, with “right to object” being phrased as “right to take legal action.”

In addition, the Japanese version makes a point of warning users against “posts that violate public order and morals,” which some people think could be Nintendo’s direct response to a recently deleted Splatoon 3 video that encouraged players to seek sexual encounters through the game.

ssentially, this new clause makes it so that any violation of the content creator’s guidelines (including posting game content before its official release date) gives Nintendo the liberty to not only take legal action but also ban a user from any future use of their IPs in content making.

The September 2 update also revises two explanations from the FAQ section, one of which specifies that Nintendo will not condone the posting of their copyrighted content (such as gameplay videos, trailers, music, art) without any creative input nor commentary from the content creator.

The other FAQ answer goes into detail about the previously mentioned new clause, explaining what kind of content is considered “unlawful, infringing, or inappropriate” (i.e. what kind of content can get you banned from using Nintendo’s games). This list includes but is not limited to content that:

Violates relevant laws;

Infringes the intellectual property rights of Nintendo (including but not limited to the unauthorized use of copyrights in the game characters, story, visual elements and music and/or registered trademarks);

Involves illegally copied or modified game software, game software produced using Nintendo’s copyrighted material without Nintendo’s authorization, or game software obtained illegally;

Shows how to use software and/or devices that circumvent security measures deployed by Nintendo to protect against infringement of its video games and console systems, such as emulators and/or other circumvention software;

Involves actions that may be considered to impair the gameplay experience in multiplayer modes, such as intentionally disrupting game progress;

Features graphic, explicit, harmful, or otherwise offensive content, including statements or actions that may be considered offensive, insulting, obscene or otherwise disturbing to others;

Interferes with the proper operation or impairs the safety of Nintendo’s products or services;

Involves cheating, cracking, unauthorized access, circumvention of technical restrictions, unauthorized modification, or use of objects, tools, or services that enable such cheating, cracking, unauthorized access, circumvention of technical restrictions, or unauthorized modification;

Features unauthorized game consoles and/or software not licensed by Nintendo; and/or

Features video, images, sound sources, etc., that cannot be used in regular gameplay, extracted through game software via data mining or other methods.

 

[Griffon]

This is insane. Nintendo shouldn't have authority over what people say while playing their games.

It's like a clothing store deleting my channel because I said something they didn't like while wearing their shirts.

 

[Danny Dudekisser]

 

[Oberstein]

 

[Jinzo Prime]

On August 22, Liora Channel uploaded a video in which they interviewed so-called “Splatoon Girls” or female players of Splatoon 3. The interview takes on a sexual tone as the questions delve into their experiences of meeting up with high-ranked male Splatoon players in real life and about how these encounters often result in casual sexual relationships.

This is probably why they are making this change, they don't want people using Splatoon to encourage underage hookups.

 

[Robb]

Must be fun to work with coming up with legal loopholes to screw over your fans.

 

[Spukc]

Good nintendo is for good innocent kids
Take all your smut from the devil and practice that outside nintendo.

Nintendo : The last safe haven for kids

 

[Cyberpunkd]

Nintendo gonna Nintendo. This + absolute lack of any quality control in the eshop.

 

[Cyberpunkd]

Good nintendo is for good innocent kids
Take all your smut from the devil and practice that outside nintendo.

Nintendo : The last safe haven for kids

Have you seen the games on the eshop?

 

[MagiusNecros]

That's a lot of words just to say "Don't stream our games".

 

[Hudo]

Nintendo gonna Nintendo. This + absolute lack of any quality control in the eshop.

To be fair, Steam is even worse in that regard. It's like dumpster diving at times. But yeah, the e-Shop could use some fucking curation.

It's really weird that Nintendo don't want free marketing by streamers. I would farm the hell out of streamers.

 

[Roman Empire]

Nintendo is such a pain in the ass. I remember when content creators avoided playing or reviewing their games like the plague, and this brings back those memories.

 

[Magic Carpet]

Splatoon girls? I can’t understand anything they say. Squid talk might be inappropriate anyway.

 

[Hookshot]

Every single time that Nintendo has tried to acknowledge a fan base or even give tools to allow the people to talk to each other, pedos, creeps and scammers have used it to abuse. Of course they don’t want Streamers doing that as well. Blame the criminals, this change is because of them. People’s fascination with tainting products meant for kids is very odd.

 

[GymWolf]

The nintendo difference.

 

[cireza]

Immoral ? They can probably ban half of the games available on eShop.

 

[winjer]

Most of of these instances described by Nintendo are probably inside fair use law.
But because most people can't afford to go to court, Nintendo can just bully content creators into submission.

 

[hemo memo]

Okay seriously they must find real work for Nintendo lawyers because it’s probably their boredom is what let them come up with these ideas.

 

[tusharngf]

 

[Bojji]

Immoral according to:

- Christianity
- islam
- shinto/Buddhism
- streamer country "moral code"
- Japanese "moral code"

?

 

[Angry_Megalodon]

So I guess Nintendo America will stop hiring degenerates for the Pokemon designs.

 

[Cyberpunkd]

Every single time that Nintendo has tried to acknowledge a fan base or even give tools to allow the people to talk to each other, pedos, creeps and scammers have used it to abuse. Of course they don’t want Streamers doing that as well. Blame the criminals, this change is because of them. People’s fascination with tainting products meant for kids is very odd.

PS and Xbox have probably similar problems, yet they are nowhere as restrictive as Nintendo, nor they use such a bizarre T&Cs. This has less to do with "think of the kids" and more with Nintendo wanting to retain total control how their games are being used, broadcasted, presented, etc.

 

[Banjo64]

This is insane. Nintendo shouldn't have authority over what people say while playing their games.

It's like a clothing store deleting my channel because I said something they didn't like while wearing their shirts.

What’s the matter Griffon ? You’ve not touched your Nintendo Wii in a while.

 

[calistan]

To be fair, the games, characters, music, etc, all belong to Nintendo. They're allowing people to make money by broadcasting Nintendo IP.

If they don't want people associating their games with certain subjects, that sounds fair enough. People who want to talk about sex or drugs or whatever can do it while streaming some other content, like Disney movies or NFL games.

 

[ManaByte]

 

[ShaiKhulud1989]

This is mostly for paid or promoted streams tho. In reality Nintendo doesn't police Twitch or YouTube that much.

 

[Sorcerer]

Good nintendo is for good innocent kids
Take all your smut from the devil and practice that outside nintendo.

Nintendo : The last safe haven for kids

Except for the guy with the bag on his head who kills people.

 

[ReyBrujo]

This is insane. Nintendo shouldn't have authority over what people say while playing their games.

Yeah, won't somebody please think of the predators!

 

[ChazAshley]

Immoral ? They can probably ban half of the games available on eShop.

Basically this

 

[Team Andromeda]

Nintendo are utter bastard's

 

[FoxMcChief]

I love Nintendo.

 

[Inanilmaz]

I hate Nintendo

 

[tkscz]

Wondering how this will impact streamers like Simpleflips whose entire thing is playing Mario 64 mods.

Nintendo's lawyers have been running on all cylenders lately, something must have happened to threaten their job.

 

[scydrex]

I saw this and immediately thought what about the eshop?

 

[Cert.in.Death]

An end-user has little to no legal basis to use the trademarks and/or copyrighted content of a game studio.

Any game studio that wishes to control how and with whom they associate their brand image is entirely reasonable.

TL;DR don’t be a POS and maybe Nintendo will let you live.

 

[Generic]

Features video, images, sound sources, etc., that cannot be used in regular gameplay, extracted through game software via data mining or other methods.

But why?

 

[chakadave]

This is insane. Nintendo shouldn't have authority over what people say while playing their games.

It's like a clothing store deleting my channel because I said something they didn't like while wearing their shirts.

Right. And they probably don’t have a way to do it.

It’s more of a problem with the centralized hosting platforms.

 

[Heimdall_Xtreme]

No more princess zelda big butt?

 

[deriks]

Nintendo creates their online stuff
- doesn't work well
- it's getting better
- oh, okay

Some years later
- it is better, but just fine
- but it is
- yeah, ok

Some years later
- so we can't trash talk anymore?
- yeah, it's not getting better anymore

 

[StueyDuck]

people are definitely reacting without reading.

I think encouraging sexual encounters in a fucking kids game is disgraceful and fucked up. I am pretty ok with Nintendo banning those people from their games.

 

[ReBurn]

This is insane. Nintendo shouldn't have authority over what people say while playing their games.

It's like a clothing store deleting my channel because I said something they didn't like while wearing their shirts.

It's not out of the realm of possibility that you could be sued and your youtube channel DMCA'd if you say something a company doesn't approve of while wearing their brand.

 

[Buggy Loop]

I miss the old fuck

Look at this quote from him

Market research? What's the point of doing that?

Sure, there is the issue of time lag between market research results and actual user demand when a game is released. But Nintendo creates the market. There's no need to conduct research anywhere.

I have been saying this for some time, but customers are not interested in grand games with higher-quality graphics and sound and epic stories.

I would insert a Yamauchi pimp meme here but it seems Nintendo ninja have managed to wipe this off the internet, wow, so..

 

[abstract alien]

It's always been a license to use, and they say how you can use them.

 

[ManaByte]

I miss the old fuck

Look at this quote from him





I would insert a Yamauchi pimp meme here but it seems Nintendo ninja have managed to wipe this off the internet, wow, so..

"We have two enemies: third parties and consumers."

 

[Buggy Loop]

"We have two enemies: third parties and consumers."

Based

 

[daclynk]

 

[simpatico]

Based and Imperial Japan pilled. The vulgar irony bro fears the honorable samurai.

 

[Cyberpunkd]

"We have two enemies: third parties and consumers."

He was not wrong. It’s a company that subjects millions of people to outdated online system, all in the name of “protecting kids”, but in the end it’s all about control.

 

[HogIsland]

Using lawfare to shut down open source emulation development is immoral. Therefore I have banned Nintendo from my home.

 

[EverydayBeast]

Put out games not bans!