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i'm not a lawyer, but i doubt it. it's not a parody, it's not an academic study, it's not for his own personal use, etc.. if he had kept it small, maybe he could claim it was a demo of the technology, but he duplicated all the original levels. and he made it public, so it directly competes with Nintendo's version (even if he's not making money directly from it).
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Chris Losinger wrote: does Nintendo still own the rights to the game? yes.
end of story.
How much will they make from that particular game this year, next year, etc?
Zero.
How many new Mario fans could have been generated by allowing people to play the on-line game -- fans who would later pay money for up-to-date versions?
Lots.
Are Nintendo acting like dicks and shooting themselves in the foot by alienating the source of their main revenue stream?
Yes.
Now it's the end of the story.
I wanna be a eunuchs developer! Pass me a bread knife!
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Mark_Wallace wrote: How much will they make from that particular game this year, next year, etc? Zero.
not true at all, since they're still releasing it for new platforms, and as part of packages. but how much they make or not it's completely irrelevant, because it's their game and they can do whatever they want to with it. that's how the law works.
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It is a complicated matter,
On one hand you have the fact that they are not wrong on try to protect their copyright, if it was my software, I would want the same. Additionally, to pay someone that used your product without your authorization to make something which became successful is a matter of choice.
On the other hand, I believe Simon is right when he posted:Quote: Simply crushing the game will make fans of the series turn on Nintendo
There might be like 10 different way to deal with this situation which would benefit both nintendo and the guy who, by the way, made the game draw a lot of attention...
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28 years after first release...
10 years after re-release...
The funny thing that the browser based remake has a 1985 Nintendo copyright on it...
It's true that the game belongs to Nintendo, but...
...Josh Goldberg doesn't made it for money (and I believe he didn't got any), so Nintendo's attempt to make money out of it (Nintendo's sales of Super Mario is close to zero, as you can get a used copy from $9 without paying a cent to Nintendo) is looks bad...
I'm not questioning your powers of observation; I'm merely remarking upon the paradox of asking a masked man who he is (V).
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Paulo makes some good points. To build on them, if Nintendo doesn't protect their copyright, they will lose it. Another consideration is that if the game doesn't work well, it will reflect badly on Nintendo, not on the people who wrote it. This is multiplied by magnitudes if it's related to serious problems, like becoming a malware vector.
(Do note that Nintendo has always been extremely protective of its IP and brand, so this is nothing new and is quite mild by comparison of other actions the company has taken. From what I've observed, nothing seems to make Nintendo fans turn on their master, which is both remarkable and sad.)
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If you
[Donate]
Perhaps the fact that he is asking for donations to continue development of a game is clearly an infringement on their copy-write has something to do their actions.
If he had put it out there as a demo of "hey world, see what cool things I can do in HTML5" without the hint that he intends to be compensated for it some manner, Nintendo's response may have been "hey dude, not cool that you used our IP without permission, but perhaps you would like to work for us".
[edit] corrected typo.
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Quote: not cool that you used our IP without
What do IP laws state? After all, the language is totally different so the actual code (IP) doesn't look a single thing like the Nintendo version.
If I write a calculator program will Microsoft sue me claiming copyright issues just because it looks the same and is named Calculator? I know Mario is much more specific but how far does the copyright protect?
I can't imagine playing Mario with a keyboard is going to be better than a console so who cares? You won't lose sales over it. In fact, I'll bet sales go up. So, then should the HTML5 guy sue Nintendo for compensation for making sales go up?
There are only 10 types of people in the world, those who understand binary and those who don't.
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No one can copyright the gameplay. Only the characters are copyrighted. Turn the Mario blue, name it John, change all the environment (with something simple as mario, but with other colors) and keep the site. The people will continue to play, the same gameplay, new characters, not copyrighted, yet.
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If you are offered one my best advice would be to just say no.
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Mint. Yes, fine - I like.
Chocolate. Yes, fine - It's a staple of life.
Fried potato. Yes, fine - I like.
All together? No. Just no.
The only instant messaging I do involves my middle finger.
English doesn't borrow from other languages.
English follows other languages down dark alleys, knocks them over and goes through their pockets for loose grammar.
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OriginalGriff wrote: Fried potato
You must be one of the more optimistic kind of people. Potato in pringles. 
Maybe they should put a warning on the containers they sell this stuff in.
"WARNING: May contain traces of potato!" 
Cheers!
"I had the right to remain silent, but I didn't have the ability!"
Ron White, Comedian
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Allegedly, they are 42% potato[^] - the remainder being things you probably don't want to think about... 
The only instant messaging I do involves my middle finger.
English doesn't borrow from other languages.
English follows other languages down dark alleys, knocks them over and goes through their pockets for loose grammar.
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Thats more wrong that Nagy drinking orange juice on a night out!
Every day, thousands of innocent plants are killed by vegetarians.
Help end the violence EAT BACON
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Simon_Whale wrote: Nagy drinking orange juice
breakfast maybe, but not of an evening.
speramus in juniperus
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I'm told OJ is quite pleasant.
If diluted with sufficient vodka.
The only instant messaging I do involves my middle finger.
English doesn't borrow from other languages.
English follows other languages down dark alleys, knocks them over and goes through their pockets for loose grammar.
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Lots and lots of vodka; yes.
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No, just enough so it becomes homeopathic OJ... 
The only instant messaging I do involves my middle finger.
English doesn't borrow from other languages.
English follows other languages down dark alleys, knocks them over and goes through their pockets for loose grammar.
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I'll try it!
speramus in juniperus
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Hmmm, makes me think about this[^]
[Edit]Fixed link[/Edit]
modified 21-Oct-13 12:12pm.
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"This video does not exist"
The only instant messaging I do involves my middle finger.
English doesn't borrow from other languages.
English follows other languages down dark alleys, knocks them over and goes through their pockets for loose grammar.
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Shold be fixed now, its "Yes, Prime Minister", and a certain "Mr John Walker from the Scotch office" 
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Back in the days of my youth (in between dinosaurs hunts) I used to drink Orange Juice (with Gin in it). Very civilised, I thought.
- I would love to change the world, but they won’t give me the source code.
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Quote: If you are offered one my best advice would be to just say no.
Thanks for taking one for the team. However, most people would have known not to eat it without you doing it first. 
There are only 10 types of people in the world, those who understand binary and those who don't.
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