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Many of us love the Super Mario franchise and SMB has made a huge cultural impact, but that does not entitle people to use it as a base for their own work. Tak
by Skoofoo 13y ago
Many of us love the Super Mario franchise and SMB has made a huge cultural impact, but that does not entitle people to use it as a base for their own work.
Take inspiration from Mario and create original games!
- JonnieCache 13y agoThe point is, if it weren't for disney et al, SMB would be public domain in the next couple of months.
- candydance 13y agoIncluding the IP of the "mario" character?
- JonnieCache 13y agoI can't answer that, but my above point is the premise of the linked article. Nintendo is reaching disney-level reliance on their cartoon hero, (probably worse) so I wouldn't be surprised to see them becoming another copyright-extending villain over the coming decades as they struggle to survive with their seeming lack of creativity.
- stonemetal 13y agoArt yes, name probably not. I believe the name would be covered by trademark. Trademark allows for indefinite ownership.
- rejoinder 13y agoCan you really trademark a name such as Mario?
- arbitrage 13y agoIn the context of a video game character who happens to be a plumber from Brooklyn, yes.
- chinpokomon 13y agoAnd movie... or are we trying to forget that that was ever made?
- rejoinder 13y agoHoskins must have some plumbing fetish.
- stonemetal 13y agoSure, Apple has trademarked Apple. MS has trademarked Windows. Why not Mario? It would have to be limited in use to video games, electronic entertainment, or whatever the narrowest category for such things there is.
- panacea 13y agoWhat about "maroi"?
- Skoofoo 13y agoEven if it were legal, it would not necessarily be ethical. People incorrectly assume that when something is ubiquitous, it should belong to the public. Super Mario is not something that has always existed or would eventually exist, it is a creative work that became successful through Nintendo's efforts. There is nothing wrong with Nintendo wanting to reserve their rights to it. That is not to say that Mario fan works are not enjoyable - there are awesome Mario ROM hacks and Flash animations out there - but that people shouldn't feel entitled to the rights to make them and to complain when Nintendo takes legal action.