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:
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?