Topic: Should we get concerned over Nintendo taking action against the NSFW artists or nothing will actually happen?

Posted under General

Mta 2 train

Member

I was browsing reddit when i found an news article on the r/gaming that claims that nintendo pledges action over NSFW arts of their caracters [ 1]

This article refferences the question 15 on the Q&A Summary of The 84th Annual General Meeting of Shareholders [ 2]

Q15 I understand that Nintendo sees itself as a company that aims to "put smiles on the faces of
everyone it touches." Unfortunately, I sometimes come across cases on social media where
Nintendo IP and games are used inappropriately. I feel that this kind of behavior poses the risk of
damaging the value of Nintendo IP, so I'd like to know how you handle such cases.

A15 Furukawa:
Our company aims to achieve our management policy to "bring smiles through entertainment"
by proposing unique games that anyone can intuitively enjoy. I will refrain from commenting on
individual cases, but we believe that appropriate action must be taken against any behavior that
undermines this policy. Our goal is to create an environment where everyone can enjoy playing games. We will continue
to make every effort to ensure that our consumers are not made to feel uncomfortable, not only
in our games but also anywhere they come into contact with our IP.

After this people on reddit got divided in 2, People who claims that nothing will thappened at all While others says that this is one step towards the end of the internet
What do you people think?

DimoretPinel

Member

They’re saying it because an investor brought it up. Maybe they’ll do something, but either way, porn falls in that "parody" category of fair use, so there’s nothing they can do.

It might only affect websites who don’t have the legal team to contest a cease and desist.

TheGreatWolfgang

Privileged

Not exactly new news, see topic #25802 & topic #28100.

Artists are the ones typically getting slapped with a cease-and-desist and they would feel pressured to remove all the relevant artwork without going through all the legal trouble.
As for imageboards like us, we are not entirely in the crosshairs but there is a chance we could get slapped as well. We are not immune to takedown notices by copyright holders.

Updated

Notkastar

Member

I don't think much will happen really, When you get to the core of the statement above.
They're saying they don't like it and will stop it on the platforms they have power
to, What they've been doing already. Responses like that are a real go-to for companies
when posed with uncomfortable questions that threaten the vibe, Dood

If they were asked the question first instead of making an announcement, It's a pretty
safe bet that they aren't gonna do anything major outside of what they're doing already, Dood.
=P

Don't think we need to worry about Nintendo storming e6 to steal Wolf anytime soon.
Answering questions like that is more or less fanservice, Dood!
╹‿╹)

post #4218942

gattonero2001

Janitor

Nintendo lawyers have been aware of the existence of terabytes of pornography in the internet depicting Nintendo IP for years. If they have not targeted e621 yet, it is unlikely that they will do so in the future unless we change site operations in a significant way. Most of the time, trying to take down NSFW fanart would not be worth the effort and would also generate negative publicity, so they avoid doing so with rare exceptions.

CrocoGator

Member

Scary thought, but it'll probably never happen. If it ever does, we could start a protest to refuse to buy the Switch successor whenever it comes out, or something.

Maryland P Sevenson

Member

dimoretpinel said:
porn falls in that "parody" category of fair use, so there’s nothing they can do.

you'd have a _hell_ of a time arguing that.

almost no fanart is would actually be considered fair use if it reached the courts, and just making characters have sex dosn't change that. it's transformative, certainly, but it's still infringing. and make no mistake if Disney or Hasbro or Ninty wanted to, they could could certainly file a takedown for all of the content that features their IPs.

Notkastar

Member

kelenius said:
It has happened. Kuroodod and insomniacovrlrd both got DMCA'd by Nintendo.

dimoretpinel said:
I thought oversexed eeveelutions was DMCA’d because Kuroodod was selling the comics? I remember seeing images taken of physical versions.

Here’s one on reddit:
https://www.reddit.com/r/furrymemes/comments/t3vg8z/my_mom_has_been_telling_me_to_read_lately_context/

Artwork that is free should be safe.

This may ring true, I've heard plenty of tales of Nintendo affiliates
Skulking Artist Alleys for Nintendo-related merch and handing out
cease-and-desist's like candy, Dood.

VotP

Member

dba_afish said:
because Ninty's never taken down not-for-profit projects before, right?

Nintendo has a lot harder time arguing any point regarding potential damages when it comes to non-competing content. Also, stupid fucking games journalists are much less likely to put up the beacon on fanart than fangames.

Kelenius

Member

They don't need to prove damages to send a DMCA. Free artwork is less likely to get their attention, but they could DMCA it if they chose to.

catchoftheday

Member

the only time i remember nintendo taking a crap on a porn site was paheal but they got around it by changing the tag to porkyman. i doubt anything will come of it but i dont know.

Donovan DMC

Moderator

dimoretpinel said:
Honestly I wouldn’t worry at all. Censoring the internet is like playing whack-a-mole.

There's an inherent problem with that, while a version may continue existing, the original can often get lost, and we're left with triple compressed half size crusty jpegs

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