| peachbuggy said: Surely EA needed Nintendo's permission for that ad. If they didn't have permission then surely Nintendo would be within their rights to sue EA's arses off. That's i presume how Nintendo would play it. |
| peachbuggy said: Surely EA needed Nintendo's permission for that ad. If they didn't have permission then surely Nintendo would be within their rights to sue EA's arses off. That's i presume how Nintendo would play it. |
On what grounds?
Hmm... first thing that comes to my mind is misuse of trademark? Both Nintendo and Wii are registered to Nintendo, and EA's assumingly unauthorized use of these would give Nintendo some legal ground to take action. I'd love to see that myself.
-dunno001
-On a quest for the truly perfect game; I don't think it exists...
| dunno001 said: Hmm... first thing that comes to my mind is misuse of trademark? Both Nintendo and Wii are registered to Nintendo, and EA's assumingly unauthorized use of these would give Nintendo some legal ground to take action. I'd love to see that myself. |
This falls quite squarely under the parody defense.
noname2200 said:
This falls quite squarely under the parody defense. |
i doubt nintendo would care anyway. but there is probably a loop hole in parody and fair use acts.
Joelcool7 said:
Well if pissing people off was their goal they sure accomplished that. I guess also since Dante's is only being released on 360/PS3 that insulting the Wii is probubly a good way to gain die hard fanboy support on both platforms. But is insulting Nintendo a good move? I mean Nintendo's user base is the biggest one at the moment. Is pissing off Nintendo gamers really smart in the long run? I wonder if Nintendo will get involved? I mean the website and the ads did make Nintendo's console look like utter crap and many people thought it was legit and probubly laughed their butts off at Nintendo. Making a mockery of Nintendo should be answered firmly. Then again if Nintendo did anything about it to EA, EA might pull back more Nintendo support and we all know what happened when EA pulled DreamCast support. Not that it would be possible on the Wii but could EA pulling Wii support effect its sales?
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I'm a Nintendo only owner and I'm not pissed. In fact, after the check thing I checked out the game and was very interested in it - exactly what they were going for. Obviously, I won't be there buying it first day, however, if it turns out to be a good game, and if I was interested in playing it, I might buy it as a gift for my cousin or my brother in law.
I'd assume a great number of those who were laughing either have no intention of ever buying a wii, or they already have a wii. Someone on the fence isn't going to use a fake game to decide whether or not they want a console, again an assumption being made here, they'll use what games are on the wii to decide whether or not they want to buy a wii.
At this point EA appears to be needing Nintendo more than Nintendo needs EA. If EA didn't discuss the idea of doing this with Nintendo, I'd say it was foolish on their part. However, Nintendo shouldn't stiffly rebuke them if they hadn't - we all know what happened the last time Nintendo was harsh towards 3rd parties.
Maelstrome said:
i doubt nintendo would care anyway. but there is probably a loop hole in parody and fair use acts. |
Oh, there are several, at least one of which may apply here. Sadly, the case law is somewhat unclear when it comes to using parody to advertise, so it may come down to luck of the draw. And Nintendo makes a habit of suing people over things they shouldn't. Still, I doubt they will here, as courting third-parties is their new flavor of the month.
Now, if Yamauchi were still in charge...
In my humble and correct opinion, they weren't mocking the Wii as much as they were mocking all the 3rd party garbage found on Wii. Even EA has released garbage on the Wii.
You Wii fans need to chillax.
Ironically the fake game if actually developed and rleleased might have sold more than the real games it was jokingly designed to promote.