Nintendo Issues Takedown Mario fan made games In Dreams (PS4)

[DonFerrari]

Azzanation said:

DonFerrari said:

Still you would need to prove the sales that were made because people wanted to play Mario games on PS4.

Second you would need to prove that dreams have a "content creating tool using IP" from Nintendo. Because it doesn't, people can create whatever they want with the tool, but there isn't any Nintendo IP on the tool, if there was they could ask for sanction against sony itself.

Third this type of situation would most likely fall under fair use as it is fan made content not for profit and not copying the content but recreating it.

See below..

HollyGamer said:

So if someone have Lego toys and build Mario world inside Lego and let children  play their Lego by free,  does that also allow Nintendo to send cease and decease?  

You both don't understand the reasons as to why Nintendo are doing these take downs. If it benefits Nintendo than they would most likely keep it up. however its not benefiting them at all.. and that's the whole reason these things play out like they do. Nintendo is not a charity for PS nor its userbase, they know it, and so does Sony. Same can also be said if the shoe was on the other foot. Also Nintendo doesn't need free advertisement from rival systems and games to sell games.

The best example I can give you both is this. 

What if Sony hired a bunch of professional game designers to create Mario games in Dreams which turn out to be quite good? Sony can claim them as fan made to avoid copy right infringements but does that make it right? PS4 owners get to play Mario made games while Nintendo owners cannot. If fan made projects like these happen more frequently, than what's stopping MS from doing the same and creating Project Spark 2, hiring a bunch of professional game designers and recreating games like Ratchet and Clank and using it to promote Project Spark 2 which promotes the Xbox eco-system which profits MS.

This is why companies take notice because they are not as stupid as you like to think. Nintendo gain nothing from Mario made games in Dreams while PS4 gains the momentum and making Dreams more attractive to customers. Its not about if we have proof of sales, its about the logic behind the whole scenario. If Sony wanted this content to remain than maybe they need to release Dreams on the Switch and maybe Nintendo wont care as much, but like both Sony and Nintendo, they don't like sharing with each other. 

Dreams is a retail priced game which makes Sony money, and users making Nintendo games in Dreams only increases the chances of Dreams selling more copies which profits Sony at the end of the day while Nintendo profits nothing. Its the same thing if someone made a Mario game that was extremely bad in Dreams hurting the Mario brand image. That also affects Nintendo.

Game creative tools are a dangerous thing to developers as they can lead to hurting brand images to profiting other brands not associated with the original owners.

You are making a ludicrous case.

If Sony hired people to do it then it isn't a fan made product, period.

You claimed that people would been buying dreams because of these levels and can't prove so you are changing the goalpost on it, ok.

You also claimed that if Dreams was available on Switch they wouldn't have ordered the takedown. Then just ignored the scenario of someone making Mario inside Lego game available on Switch, and you know it would be ordered take down because that is how Nintendo do. They are much more strict than any other IP holder.

HoangNhatAnh said:

DonFerrari said:

So you are taking back that you done false paralelism or will you keep it to say it isn't ok if it's made to defend Nintendo but ok to defend Sony? Which do you want? Can't have both.

We are discussing Nintendo demanding take down from a fan made content inside a Sony game and you gone for Nintendo making a Sony IP by itself. That is false paralelism.

That fan made game used a Nintendo character from Nintendo IP on ps4. If Metroid AM2R got taken down by Nin, so is this fan game.

And I haven't said Nintendo shouldn't do it. But you compared fan making a level using Nintendo IP to Nintendo making a game out of Sony IP. Those aren't nearly similar situations.

HoangNhatAnh said:

DonFerrari said:

Still you would need to prove the sales that were made because people wanted to play Mario games on PS4.

Second you would need to prove that dreams have a "content creating tool using IP" from Nintendo. Because it doesn't, people can create whatever they want with the tool, but there isn't any Nintendo IP on the tool, if there was they could ask for sanction against sony itself.

Third this type of situation would most likely fall under fair use as it is fan made content not for profit and not copying the content but recreating it.

If this fan game is legal, Sony won't have to accept Nin's request, but they know it's wrong.

HollyGamer said:

I never attacking anyone LOL, I am just  not agree with Nintendo Policy. If you feel attacked by me and try to changing the subject to fan war there is something wrong with u.  I am just cleary tell you to stop defending every bad policy on Nintendo. 

You attacked Xenoblade before when people criticized Square Enix because Final Fantasy XIII.

Why would Sony expend money on litigation to avoid removing the content Nintendo requested?

No other IP owner was requesting removal of let`s play, and Youtube kept them all fine, when Nintendo took issue with it they removed only for Nintendo because they have no interest in losing money on it.