Copyright

[Namyrr]

So an interesting thought was brought up on Knuxforums a day or two ago: Seeing as Nintendo took supermariobrothers.org by storm because of the name, will this forum have that same problem? The only difference between there and here is that rather than 'brothers', it's 'brosx'. Can Nintendo take action against this site just like they did the original website?

[Raster]

Nintendo never took supermariobrothers.org because of the name. Nintendo took it because Redigit was making money off a mario website via ads and other offers (the hotbar anyone?).

Making money off Nintendo content is illegal and that is why Nintendo took it. There's absolutely no reason to worry about this site's existence because it won't be shut down.

[Shadow Yoshi]

What Raster said. SMB.org was taken because of its ads, but I'm pretty sure Nintendo found it in the first place because it was pretty well known. It had games/videos/whatever and was linked between all of Redigit's other "play games online" sites, which attract 10 year olds and search engines like nobody's business.

I can't find anything on this site that Nintendo would possibly want to take down (I've never seen it happen to any Mario fansite, even those with ads), and that's just assuming that they'll find this site in the first place.

[silent_]

Yeah Namyrr, as Raster remarked, there's no reason to worry about this, as it certainly wasn't accordingly by the name. It was because he was making money by how-ever-he-earned-it on a Mario website, developed by Nintendo.

I don't have much knowledge about this overall, but I assume that you're thinking silly. Of all things, this comes into your mind lol.

[Keddy]

Now that you bring up the question of Copyright, and this may be offtopic a bit, but who technically owns "SMBX.exe" Redigit still or has Nintendo taken that too. Just a simple question.

[Shadow Yoshi]

I was about to just answer saying Redigit still owns that, but that led me to think about what a Cease & Desist actually constitutes.

I would have to look into it a bit but I'm pretty sure Redigit still owns the exe/program/etc.

[RDV]

Not regarding the copyright on this forum, but I got matched 3rd party content on my channel from SMBX. Any way to bypass that?

Probably the music that was used. It has nothing to do with SMBX itself.
Don't worry, it's just a claim, meaning you don't make money anymore on that specific video.

[Shadow Yoshi]

yes sir sorry sir!

[silent_]

The site won't be touched by Nintendo if Joey would do the following:

1. Change the url. (not too sure if that's a possibility but copyright)
2. remove the board theme and replace it with subsilver or something that doesn't use nintendo's imagesets, or alternatively make subsilver the default board theme, so nintendo won't see it on the surface. they wont make an account.
3. remove the download to smbx. this is the biggest must.

and I'm not saying this because of how i feel towards joey. i'm saying it so you guys don't fuck up AGAIN.

maybe you'll listen to me this time

no

Nintendo doesn't care. If anyone sues us for making this forum, than why wouldn't they already of sued every single Mario walkthrough on YouTube, or sued every single Mario forum on the internet? It's common sense.

[Shadow Yoshi]

trying to make sure you guys stay alive

right of course sir!

[Magician]

Okay Knux, I doubt I'm really going to convince you of anything, but I'm still willing to comment mainly because this subject interests me.
Anyway, what you're saying about copyright law isn't wrong, but correct me if I'm wrong in thinking that it's still up to Nintendo to enforce it, so it's considerably important that they're not interested in enforcing copyright law to the letter. They have to consider when it's actually favourable or at least important for them to enforce their own policies on intellectual property violations, which isn't always true of every instance of violation that has occurred.

They told Redigit to stop distribution of SMBX because it linked to a site generating ad revenue for Redigit, and then they took control of that site. This is consistent with when they went on YouTube last year (or was it 2012?) and made content claims on a lot of Nintendo LP videos in which YouTube partners were making money off of ads. They didn't take down the videos, they just claimed ownership of them and diverted the revenue to themselves. This would suggest that Nintendo wanted SMBX 1.3 to be the latest available distribution on the net, because it would link directly to a site that Nintendo had taken control of instead of the old supermariobrothers.org. I mean, you can't possibly think that they expected distribution of SMBX to cease entirely, so they took a more reasonable approach. "People still want to play SMBX? Let them. We'll just change supermariobrothers.org to display official Mario content to ensure their continued interest in our official products as they do so."

It's reasonable for Nintendo to assume that if they had taken supermariobrothers.org and then allowed Redigit to keep updating SMBX, Redigit would just make 1.3.1 link to a different site and he'd still make money off of it. Moreover they probably also wanted to make an example of SMBX because it was a prominent engine and it would be consistent with their policies to do so when they had already chosen to get involved because of the ad situation.

In conclusion, they haven't really enforced their policies in a manner that is consistent with what you're saying about what they'll do to this site.
(It's also reasonable to point out that the world won't exactly end if this site gets taken down... the community has survived such a thing numerous times.)

[Shadow Yoshi]

and then allowed Redigit to keep updating SMBX

Redigit was done with SMBX long before this happened.

Also, "the site getting taken down", along with everything else that has been said, is not something we need to worry about.

[Mable]

I love how people still belive that Redigit stopped with Nintendo because of this "Call" he got. Imho i don't think it was Nintendo who even did this or that even a Call did happened.

Back in the old forum when Smbx was still in work people just were immense stupid and keeped asking for Level Designer and Beta Tester all the time even they said they don't accept anyone. Don't you think you would stop something you work so that people stop asking"Can i be a beta tester" "Can i be a Level Designer" "When does the next version come out" and those questions were asked everyday, everyweek and i am sure Redigit got pissed by this. And hey he then got to Terraria without if he wouldn't have stopped working on smbx you peoples would never have Terraria.

But its 2 bad people still belive this "Nintendo Story" like Nintendo cares about a fangame and stuff. It doesn't matter you might say now there are tons of others which didn't get stopped by Nintendo like Smbx because it is not true Nintendo actually likes it when people do this or do you think the Newer Team would get sued by them?

Pls get this in your Head Nintendo has nothing agains Smbx it never happened and thats it. Rant begins in 3...2...1...

[Shadow Yoshi]

SMBX and Terraria are not related chronologically to the Nintendo incident.

SMBX 1.3 was released, Redigit started developing Terraria, SMBX was cancelled. This is what happened.

The call from Nintendo happened later and was unrelated to the Terraria launch or the SMBX discontinuation. Redigit wouldnt've handed over his entire site and removed all of his YouTube videos because he wanted to be done with SMBX. He already was done at that point.

[Raster]

yes sir sorry sir!

posts like these don't help anything.

trying to make sure you guys stay alive but instead you're driving it into a right state

Well, the reason why I think your post wasn't taken seriously is because it's built on the premise that using Nintendo material on a nonprofit site is illegal. That is false as it goes against Nintendo's own policies. You can use Nintendo material for nonprofit fan sites and fan games. You can't use Nintendo material and make money off it, which is essentially what Redigit was doing with his site.

[FallingSnow]

Conspiracy Theories

Can we be done with these please. It was Nintendo.

SMBX 1.3 was released, Redigit started developing Terraria, SMBX was cancelled. This is what happened.

Well, kind of. SMBX 1.3 was released, and Redigit was kind of bored with SMBX. He wanted to do a game similar to MC which turned into Terraria. Before he got the call from Nintendo, a 1.3.1 was in the works by a bit. The beta team was planning an episode to be released with it, and Redigit was making a few updates to the engine to accommodate for this (specifically more with the SMB2 potion door and the broken custom graphics on the world map). After the drama, SMBX was done, and the beta build we were going to receive was trashed. Focus from that point was solely on Terraria.

[Shadow Yoshi]

Well, yeah, I know 1.3.1 was in the works. I didn't end up mentioning it because my main point was that SMBX was done before the Nintendo thing.

[FanofSMBX]

Was the beta done?

[Valtteri]

Was the beta done?

the beta build we were going to receive was trashed.

[FanofSMBX]

Was the beta build done before it was trashed?