Nintendo is Issuing DMCA Takedowns for IP Based Pornography

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Pornography has always existed in a grey area of the law when it comes to being based around a company’s specific IP. It’s the same grey territory knock off commercial costumes stand (say hello, Woodland Elf). For the most part, this grey area is left alone unless it’s in direct IP violation – IE using company created assets in unintended, sexual ways, such as making character models do some rather adult like things together.

Nintendo is now taking a stand against even more original work by issuing DMCA takedowns of pornography according to NeoGAF user Kyari. Here is what this person states:

To cut a long story short, Nintendo seem to now be following suit and have started to issue DMCA take down notifications to remove pornography from tumblr blogs. While the bulk of the Overwatch take downs seemed to at least be related to missuse of Blizzard’s own art assets in source film maker – an act that at least can be justified by content creators essentially reusing Blizzard’s own work – Nintendo‘s notices don’t relate to 3d animation of their owned assets but rather extends to just any created content.

No reddit link on this one, sources is uh … my own inbox:

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At first this user thought it was only related to Princess Peach, but now these take downs have extended to Princess Zelda, and it’s not only pornographic art, but also non-pornographic art that happens to be posted on a typically pornographic tumblr page. This is certainly one story I didn’t think I’d be covering this Thanksgiving.

It will be interesting to see if this will have longer reaching impacts on the fan art community or if Nintendo will simply try it’s best to eliminate this specific type of art. What are your thoughts on this?

Source: Neogaf

  • The Dark Deceiver

    Good.

    • Charlie McShane

      No! Not good at all, it’s a strong form of censorship. 90% of games have porn revolving around it. Overwatch nor Zelda should be exempt from this!

      • Nicholas Webb

        so who will fight back?

        • Charlie McShane

          Tumblr won’t protect their user base, the average artist doesn’t have the resources to not be bullied. One of Tumblr’s biggest attractions is that you can upload adult content to their servers. Since they are becoming lax on protecting their users, people will just move to Blogger or whatever!

  • Charlie McShane

    I think Tumblr adult-content creators should look at holding onto their Tumblr accounts, while linking their work to outside sources.

    A lot of content creators are developing their own websites and hosting them on hosting services that are particularly protected by these sort of dumb take-downs. Tumblr for their users to follow their most recent work and their website for hosting the actual content. Tumblr ain’t going to protect you anymore, which is a massive shame since it was purchased by Yahoo!

  • Umad?

    This is difficult. First of all, Nintendo has a right to protect their IP, even from being used for purposes than intended. This can be political or religious etc. But on the other side, these are fanworks and or parodies. Even then, if it isn’t made for monetary purposes, Nintendo has no leg to stand on. Either way, save that shit for dat fap.

  • Yarlick

    Nintendo is going full dictatorship here….Fuck Nintendo, Fuck them hard. I was a hard Nintendo fans for all those years, but since the end of the Wii era, Nintendo is just not Nintendo itself anymore.

    Friendly reminder that they had love hotel in the 80’s and even condoms with their characters 🙂

  • Peace Boy
  • Kameron Brown

    I swear, this world is going to the dogs because of the entitlement (millennial) generation. An entire generation who grew up on the entitlement mentality, and this thread showcases that. A bunch of spoiled, millennial crybabies throwing hissy fits because a JAPANESE corporation is choosing to exercise its rights and/or OBLIGATIONS under JAPANESE law–which is clearly resulting in the loss of various things that they wanted to see and/or felt entitled to.

    News flash, crybabies: You may be the biggest Zelda/Mario/Metroid fan in the known galaxy, but that does NOT–and I repeat, DOES NOT– entitle you to use these intellectual properties as you see fit, nor without the express permission of the trademark owner.

    • RevMrB

      If you change 10% of the content, no copyright violation exists. Who were you blaming 10 years ago for things you didn’t agree with?? Gen X???

    • Amber Halvorsen

      Uuuuuhhhh you do realize it’s not just millenials doing this right? Ding dong..

    • KawlunDram

      Rule 34 can fall under fair use for being satire/parody

      Plus, the artists are not making money off of the individual works.

    • Kuroda Nakamura

      Fair Use laws allow you to use their IPs if its transformative. If I draw stick figure Zelda (because I suck at drawing) giving stick figure Link a blowjob, that’s Fair Use. They don’t have the right the tell me I can’t. Of course, it also depends on if anyone fights back, because no one will. So it kinda just peters out. Its the same as YouTube and their shitty Content ID.

    • Andy Briar

      Yeah, sounds like it’s Nintendo that being entitled here. Whining “that’s not why we made the characters.” Cry me another corporate tear.

  • herplerp

    glad they are finally doing something about this

  • LazyReader

    Guess Nintendo has never heard of Rule 34.

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