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Nintendo vs. R34 on Tumblr


Käpt'n
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So apparently Nintendo issued a DMCA against Tumblr to make them remove all pornographic fanart of Nintendo characters:

http://www.neogaf.com/forum/showthread.php?t=1249359

This could be pretty big, especially if they decide to do the same with other websites.

Could you imagine that? A ban on Krystal porn?! No more smut of Lucario banging Renamon?! Oh the humanity!

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Does Nintendo really have a case here? I would think the fanart (even if pornographic) would fall under parody, and thus would be considered fair use, but I guess Nintendo is relying on Tumblr's reaction to the threat more than anything.

18 minutes ago, Rabbit Head said:

Between this and the constant DMCA-ing of home-made fan projects, I get it, Nintendo REALLY fucking hates it's fans.

And yet they have one of the most rabid fanbases out there...

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I heard information from another source (one that actually uses Tumblr a lot more than I do) that this was someone posting fake DMCAs to accounts.
Dunno how accurate or true that is, but it might not actually be Ninty at all.

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And the sad thing is that japanese culture generally is pretty permissive of fanart and pornographic fanart especially. More than half the porn on tumblr and other websites of Krystal and pokemon are made by japanese fans!

And sometimes bored japanese manga makers!

It wouldn't surprise me if this is less because they don't want it and more because they aren't making money off of it, and are worried american media would blow it out of proportion, like it does everything else, and cost them sales.

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 Is Nintendo really trying to take on one of the most prominent  rules on the internet? *laughs madly* 

yeah I'm pretty sure that any porn or lwed drawing of their characters is what you would call "fanart" and is protected under fair use, especially if the artist isn't selling it. Correct me if I'm wrong here, but I'm pretty sure that almost 100% of porn fanart out there is done with no intentions of making money.  At least thats according to US copyright law and my understanding of it. 

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There isnt actually much evidence showing that it is Nintendo tend to heavily go after "for profit" projects as why they actually bought the rights to a porno so it wouldnt get distributed.

Also this being the internet: You can claim to be for someone and they will take it down as one thing that was hit was something related to Undertale...nothing nintendo at all...100% undertale.

and another person was hit with a DMCA but they actually read it and notice that the person not only misspelled nintendo...they linked to a fake website thats and the person who was reporting the things don't even work at nintendo with legal doings...

So folks believe its someone getting their jollies by pretending to be working for nintendo and due to how these sites tend to be automated...no one is actually verifying.

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I can see where Nintendo is coming from, art like that could cause confusion. Taking down the non-explicit art, well I think that is a blanket thing because it could be non-explicit and still cause confusion.

 

However there has got to be some better way than removing all art. It's attempting a massive amount of censorship, and as everyone knows trying that on the internet is like trying to bailout a flooding boat using a bendy straw.

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1 minute ago, Battlechili said:

B-but Pokemon lewds....And Krystal....And uh...umm....That lizard girl in Ever Oasis!

This is not surprising considering what's been happening lately. I think this is going to be a losing battle for artists who draw rule 34. And considering official tumblrs popping up this is no surprise.

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1 hour ago, 6tails said:

Porn parody is very, VERY WELL protected in the USA by both case law and official law/Acts. This is why the big Hollywood film companies can't stop the industry from parodying (and even beating them to release times) big film works. If Nintendo/Game Freaks/Creature Consortium were to actually attempt a lawsuit, they'd lose, very hard.

 

There were b-movie budget porn films parodying the lord of the rings movies like, two years before they came out, and then a bunch came out afterwards and those movies just got re-ran.

The porn industry in america is hilarious.

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