Nintendo takes down ROM sites Nsw2u and Nswdl

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(too lazy to add "Switch Piracy")
 
FIOD? That's the Dutch fiscal investigation service. Were these hosted in the Netherlands? If not, I'm calling bullshit that Nintendo did this. They probably just bailed out.
 
As we like to say it in Russia...

Никогда такого не было, и вот опять)))))

In all seriousness though...

If you're making outdated pos portable consoles for 2 decades and start implementing anti-consumer practices to make people pay for a fuckin' C botton on a goddamn controller, stupid ass features and all that, THEY WILL find a way to play your games the way it meant to be played - in the highest possible screen resolution with modern tech, the best visual quality possible with mods and with ZERO restrictions, ZERO. Deal with it, you fuckin' corporate greedy morons, cuz you'll never stop this.

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No. It's how aggressive and focused they are on protecting their IP.

Every company should be. Most companies are. If you don't protect it you lose it. If you allow it to be used you lose the right to protect it next time.

If you own a website with a logo and you see someone else use your logo, you are giving tacit permission for its use and others who use it will argue in court that permission was given to the first company so they didn't know they could not also use it.

If you don't protect it you lose it. Don't hate Nintendo over this. They have the most recognizable ip in the world. Mario and Pokemon would be ubiquitous if they did not protect it. The first time they let it slide would be ruinious. There is a reason they win in court, because they follow the law which it is best practice to fight for that IP and stop anyone else from using it.

Imagine if I made a game. Then it got leaked. Then people played it for 10 years. Then I tried to sue everyone who distributed it. I would lose because of the 10 years. If I did it after 10 days instead of 10 years I would win.

Don't believe me? Take it from AI:

Yes, if you don't actively protect your trademark, you risk losing it. Trademarks, unlike patents, can last indefinitely, but only if they are actively used in commerce and protected from infringement. Failing to use the mark or to enforce your rights against infringers can lead to the trademark being deemed abandoned, either by non-use or by becoming generic.

Here's a more detailed explanation:
1. Use it or Lose it:
  • Active Use is Crucial:
    Trademarks are granted and maintained based on the principle that they are actively used in commerce to identify and distinguish goods or services.

  • Non-Use Abandonment:
    If a trademark owner stops using the mark in connection with the goods or services for which it was registered, the mark can be considered abandoned. In the US, this typically requires a continuous period of three years of non-use.

  • Enforcement is Essential:
    Simply registering a trademark isn't enough. You must actively monitor the marketplace for potential infringers and take action (like sending cease and desist letters or pursuing legal action) to protect your rights.
2. Consequences of Not Protecting Your Trademark:
  • Loss of Rights:
    If you fail to use the mark or enforce your rights, you could lose your exclusive rights to that trademark.

  • Competitors Can Infringe:
    Without protection, competitors can start using similar marks, leading to customer confusion and potentially damaging your brand's reputation and market share.

  • Genericization:
    If infringers are allowed to use your mark without challenge, it could become the generic name for the product or service, further weakening your rights.

  • Loss of Priority:
    If you don't renew your trademark, you risk losing priority rights, meaning someone else could register a similar mark.

  • Rebranding Costs:
    In severe cases, you might have to rebrand your business, which can be costly and disruptive.
3. How to Protect Your Trademark:
  • Register Your Mark: Registering your trademark with the relevant authorities (like the USPTO in the US) provides the strongest legal protection.

  • Monitor for Infringement: Regularly monitor the market for any unauthorized use of your mark.

  • Enforce Your Rights: Take appropriate action against infringers, such as sending cease and desist letters or pursuing legal action.

  • Renew Your Registration: Pay attention to renewal deadlines to keep your registration active.

  • Use Your Mark in Commerce: Continue to use the mark in connection with the goods or services for which it is registered.
By actively using and protecting your trademark, you can maintain your exclusive rights and prevent others from using your brand name or logo, ensuring your brand's long-term success.
 
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The only thing that will let us play our favourite (future) retro games is piracy (or rather: what they perceive as piracy).

There's no other way around it.
 
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I see smug comments here and elsewhere about pirating Switch games on their PC handheld or waiting for Yuzu 2 to play Switch 2 games in 8k 240fps.

It's always because Nintendo deserves it for making weak hardware or because they're "anti-consumer" or some other random thing they feel like using for rationalizing it while they download the latest third party and indie games for free.

NSW2U goes down so now they need to pretend that they're concerned about preservation until they find another source and go back to being smug.
 
I see smug comments here and elsewhere about pirating Switch games on their PC handheld or waiting for Yuzu 2 to play Switch 2 games in 8k 240fps.

It's always because Nintendo deserves it for making weak hardware or because they're "anti-consumer" or some other random thing they feel like using for rationalizing it while they download the latest third party and indie games for free.

NSW2U goes down so now they need to pretend that they're concerned about preservation until they find another source and go back to being smug.
100% this.
 
Every company should be. Most companies are. If you don't protect it you lose it. If you allow it to be used you lose the right to protect it next time.

If you own a website with a logo and you see someone else use your logo, you are giving tacit permission for its use and others who use it will argue in court that permission was given to the first company so they didn't know they could not also use it.

If you don't protect it you lose it. Don't hate Nintendo over this. They have the most recognizable ip in the world. Mario and Pokemon would be ubiquitous if they did not protect it. The first time they let it slide would be ruinious. There is a reason they win in court, because they follow the law which it is best practice to fight for that IP and stop anyone else from using it.

Imagine if I made a game. Then it got leaked. Then people played it for 10 years. Then I tried to sue everyone who distributed it. I would lose because of the 10 years. If I did it after 10 days instead of 10 years I would win.

Don't believe me? Take it from AI:

Yes, if you don't actively protect your trademark, you risk losing it. Trademarks, unlike patents, can last indefinitely, but only if they are actively used in commerce and protected from infringement. Failing to use the mark or to enforce your rights against infringers can lead to the trademark being deemed abandoned, either by non-use or by becoming generic.

Here's a more detailed explanation:
1. Use it or Lose it:
  • Active Use is Crucial:
    Trademarks are granted and maintained based on the principle that they are actively used in commerce to identify and distinguish goods or services.

  • Non-Use Abandonment:
    If a trademark owner stops using the mark in connection with the goods or services for which it was registered, the mark can be considered abandoned. In the US, this typically requires a continuous period of three years of non-use.

  • Enforcement is Essential:
    Simply registering a trademark isn't enough. You must actively monitor the marketplace for potential infringers and take action (like sending cease and desist letters or pursuing legal action) to protect your rights.
2. Consequences of Not Protecting Your Trademark:
  • Loss of Rights:
    If you fail to use the mark or enforce your rights, you could lose your exclusive rights to that trademark.

  • Competitors Can Infringe:
    Without protection, competitors can start using similar marks, leading to customer confusion and potentially damaging your brand's reputation and market share.

  • Genericization:
    If infringers are allowed to use your mark without challenge, it could become the generic name for the product or service, further weakening your rights.

  • Loss of Priority:
    If you don't renew your trademark, you risk losing priority rights, meaning someone else could register a similar mark.

  • Rebranding Costs:
    In severe cases, you might have to rebrand your business, which can be costly and disruptive.
3. How to Protect Your Trademark:
  • Register Your Mark: Registering your trademark with the relevant authorities (like the USPTO in the US) provides the strongest legal protection.

  • Monitor for Infringement: Regularly monitor the market for any unauthorized use of your mark.

  • Enforce Your Rights: Take appropriate action against infringers, such as sending cease and desist letters or pursuing legal action.

  • Renew Your Registration: Pay attention to renewal deadlines to keep your registration active.

  • Use Your Mark in Commerce: Continue to use the mark in connection with the goods or services for which it is registered.
By actively using and protecting your trademark, you can maintain your exclusive rights and prevent others from using your brand name or logo, ensuring your brand's long-term success.
SEGA says hiiiii and does what Nintendont again and again. Not only they don't care at all abour ROM sites but it's ok for fans to use Sonic for their fan games.
 
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