Although this is a significantly different situation from the Big House/Slippi incident, it still comes down to the fact the game is being streamed for profit.
Nintendo has the right to shut down streams. They do not have the right to shut down the tournament altogether, although with the way the tourney scene works nowadays, unstreamed tournaments are nearly unheard of.
Your NES game analogy is completely wrong. There is no licensing agreement for physical games, which is something I've had to beat into people's heads repeatedly.
The Zelda series has an interesting history with hacked saves. The first major Wii exploit was distributed in the form of a Zelda: Twilight Princess save file.
EarthBound's soundtrack is a sampling nightmare, which was allegedly the reason the game took so long to be rereleased. (I say "allegedly" because Nintendo has denied this.)
Slippi is not a mod for the game; it's a mod for the emulator, which was legally reverse-engineered. This means Slippi does not include any of Nintendo's IP.
Nintendo knows this, which is why their legal threat was against The Big House (for the monetized Twitch stream) rather than the developers of Slippi.
On the post: Devin Nunes, CEO Of Trump's TRUTH Social, Confirms That 'Free Speech' Social Media Will Be HEAVILY Moderated
Mooooooooo.
On the post: [UPDATE] Elizabeth Warren Is NOT Cosponsoring A Bill To Repeal 230
Elizabeth Warren went off the deep end a long time ago. I'd say she's committing political suicide, but... Democrat in Massachusetts...
On the post: Nintendo Shuts Down Another 'Smash' Tournament Due To Mod Use, With No Piracy As A Concern
Although this is a significantly different situation from the Big House/Slippi incident, it still comes down to the fact the game is being streamed for profit.
Nintendo has the right to shut down streams. They do not have the right to shut down the tournament altogether, although with the way the tourney scene works nowadays, unstreamed tournaments are nearly unheard of.
On the post: Nintendo Shuts Down Another 'Smash' Tournament Due To Mod Use, With No Piracy As A Concern
Re: Re:
Your NES game analogy is completely wrong. There is no licensing agreement for physical games, which is something I've had to beat into people's heads repeatedly.
On the post: Japanese Police Arrest Man For Selling Modded Save Files For Single-Player Nintendo Game
The Zelda series has an interesting history with hacked saves. The first major Wii exploit was distributed in the form of a Zelda: Twilight Princess save file.
On the post: Sony Hates You: EarthBound Let's Plays Flagged For Copyright Infringement Due To Soundtrack
EarthBound's soundtrack is a sampling nightmare, which was allegedly the reason the game took so long to be rereleased. (I say "allegedly" because Nintendo has denied this.)
On the post: Former Trump Aide Launches Twitter Clone, That Seems To Yank A Ton Of Data Right Out Of Twitter; Already Has First Content Moderation Crisis
Of course, the most obvious reason not to hotlink images is that you might end up Goatse'd.
On the post: Music Publishers Sue Roblox In Full Frontal Assault On The DMCA
All the other claims are basically throwing stuff out and seeing if it works, but the DMCA agent claim is huge.
On the post: This Week In Techdirt History: May 23rd - 29th
Typo: "This week in 20011"
On the post: Joe Biden Yells A Dumb Anti-Free Speech Trope In An Uncrowded Congress
These days, are there any crowded theaters to yell "fire" in?
On the post: Supreme Court Sides With Google In Decade-Long Fight Over API Copyright; Google's Copying Of Java API Is Fair Use
Re:
It appears you dropped this \
On the post: Content Moderation Case Study: Twitch Allows Users To Enable Emote-Only Chats (2016)
Emotes have come back under discussion recently because of the PogChamp incident; this seems like the perfect time to bring up this case study.
On the post: Nintendo Plays 'Control Inception', Cancelling Splatoon Broadcast After Teams Protest Canceling Smash Bros. Tourney
Re:
EU law is irrelevant here; none of the relevant parties are European.
On the post: Nintendo Plays 'Control Inception', Cancelling Splatoon Broadcast After Teams Protest Canceling Smash Bros. Tourney
Slippi the Red Herring
Slippi is not a mod for the game; it's a mod for the emulator, which was legally reverse-engineered. This means Slippi does not include any of Nintendo's IP.
Nintendo knows this, which is why their legal threat was against The Big House (for the monetized Twitch stream) rather than the developers of Slippi.
On the post: 'Tis The Season: Congress Looks To Sneak In Unconstitutional Copyright Reform Bill Into 'Must Pass' Spending Bill
Re:
Just the one part.
On the post: Game Creator Has His YouTube Video Of Game Demonetized Over Soundtrack He Also Created
Re:
Dan is a reasonable Japanese name. Salvato... isn't.
On the post: Richard Liebowitz's 'Client' Sends Judge A Letter Saying He Was Totally Unaware Of Multiple Lawsuits Filed In His Name
In a sane world, Liebowitz would have been disbarred long ago.
On the post: As Devin Nunes Threatens More SLAPP Suits, He May Have To Explain Why Cows Can Type In His First SLAPP Suit
Some evidence Nunes can use:
https://en.wikipedia.org/wiki/Click%2C_Clack%2C_Moo
On the post: It's Amazing All The Cool Stuff We Could Have If Nintendo Didn't Insist On Nintendo-Ing
What of the original Donkey Kong arcade game does Nintendo own?
Given the game's complicated history, this may potentially be copyright fraud on Nintendo's part.
On the post: Moviepass Changed User Passwords So They Couldn't Use The Flopping Service
Re: I'm no lawyer...
It absolutely is, but MoviePass knew by this point they'd be dead before anyone could sue them for it.
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