As the fan-made Metroid Prime 2D game closes, what do you think of the Nintendo takedowns? – Talking point
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Earlier today we reported that another awesome-looking fan-made Metroid game – a 2D reimagining of Metroid Prime this time around – has closed after the creators received an inevitable cease-and-desist statement. Nintendo wasn’t specifically named, but there are no awards for guessing the “certain game-related company” that has put the brakes on this project.
It’s a story we’ve heard multiple times over the years, perhaps the most memorable with AM2R, a 2016 fan-made remake of the Game Boy’s Metroid II: Return of Samus in a 16-bit Super Metroid style. Nintendo’s own remake of that game, MercurySteam’s Metroid: Samus Returns, was in development at the time and released the following year, but even if that there was not If that were the case, the lack of a similar in-house developed project would not have altered Nintendo’s response to a game that uses the company’s characters and available intellectual property, regardless of quality. In fact, the quality and the resulting confusion it could create: Did Nintendo do this? – could possibly attract even closer scrutiny from Shuntaro Furukawa’s legal team.
Even though we’ve been here many times before, there’s inevitably a reaction from a group of fans that Nintendo is being overly litigious, unnecessarily picky, and even downright spiteful when it comes to closing fan projects or withdrawing support. The company has an uneasy relationship with the Smash Bros. fanbase, for example, and withdrew their support for a tournament that used a modified version of Super Smash Bros. Melee.
We’d say that the reason Nintendo cares so much about fan games is pretty clear: not only will the company want to ‘protect’ its intellectual property and reputation by avoiding associations with projects that it has not personally developed or vetted, but it must also be viewed actively discourage and try to prevent copyright infringement or risk leaving yourself vulnerable in future legal disputes. Turning a blind eye to a single case sets a precedent that opens the door for future copyright headaches with other potentially more egregious projects.
Nintendo must also be viewed Actively discourage and try to prevent copyright infringement or risk leaving yourself vulnerable in future legal disputes.
This does not console frustrated fans who view cease and desist as unnecessary actions against fan communities expressing love for Nintendo games and characters. The most passionate developers are invariably not looking for monetary gain, so why shut down these projects?
Nintendo’s approach contrasts with Sega’s laid-back stance on Sonic fan games, that’s for sure. In fact, a Sega representative went so far as to say that when it comes to fan-made Sonic games and art, “as long as it’s not about profit, it’s usually no problem.” Sega and Nintendo are very different companies with very different perspectives and business interests, but it’s a one-for-one comparison for many fans. One could argue that the existence of Mario Maker games tacitly acknowledges and taps into enthusiasm for fan-created content, but they’re not going to satisfy everyone and there are no signs of Zelda or Metroid Maker on the horizon.
It’s a complicated situation and it certainly causes friction between Nintendo and a section, a more vocal and enthusiastic section, of its fanbase. There is a compelling argument that Nintendo is, in fact, showing considerable leniency in allowing projects to come to fruition before releasing the dogs. After all, AM2R may not be available on the creator’s website, but the Internet is the Internet; once it’s out, that genie won’t go back to the worm tube. You know this, we know this, and Nintendo knows this.
If you want to play the full AM2R right now, there are ways and means. There is also wisdom in the idea expressed in the tweet below:
We would certainly question the notion that reporting on fan games is the signal that legal eagles are waiting to spring into action (a demo of Prime 2D was released in April, remember), but the fact is that once a project public space is up and running, it’s only a matter of time before it’s big enough to attract attention. The team behind Prime 2D have been working for four years, and the results speak for themselves, but knowing how Nintendo has reacted in the past, posting a demo before its completion was always going to be risky. the statement issued by the team He admits it, but assures that “it was the right choice for our team and we do not regret it.”
The frustration of seeing such a promising-looking project rejected before completion is understandable, but the regularity with which Nintendo’s legal department sends cease and desist is now the subject of memes. Regardless of your opinion, is anyone really surprised by this result?
Let us know your thoughts on Nintendo’s approach to shutting down fan projects like Prime 2D in the poll below.
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