© NintendoIt is safe to say that this news will really stretch the boundaries of what it is possible to talk about on a family site, but before we begin: this article will not present the image in question, but it is probably not safe to read at work, either. Again, why do you read about video games at work? Get back to spreadsheets, Brian! These reports will not be recorded!
Patreon has long been a (relatively) safe haven for NSFW artists, with only “adult games” as some creators surpassing $ 76,000 a month. One month. Good sauce.
3D artist AkkoArcade doesn’t make the kind of sums that need to be carried in big bags with dollar signs on them, like a Looney Tunes cartoon, but earns another $ 1,481 a month with their 3D models from Patreon. These detailed models can be paid for, downloaded and used for animations – except for one special model, not thanks to Nintendo.
AkkoArcade has created a very realistic version of, erm, Bowser’s Jnr. (which we don’t connect here for obvious reasons) and I put it up for download in June 2018. Almost three years later, Nintendo of America found it (or someone who claims to be Nintendo, at least) and issued a DMCA Disposal – a copyright complaint that forces the creator to give up the work of art. We’re not lawyers, but I didn’t know that the copyrighted Bowser also involved Dry Bones.
Nintendo isn’t getting their hands dirty with dirt for the first time – they issued a DMCA removal last year for a hentai-inspired game called “Peach’s Untold Tale.”
Things get a little muddy when it comes to what is and isn’t considered “fair use,” which allows people to use copyrighted material as long as their work is “transformative,” which includes parodies, comments, or criticism. . Adult creators can easily claim to defend the “parody,” but taking Nintendo into a legal battle is probably too much of a resource to bother.
However, in less optimistic news, several AkkoArcade fans responded to their tweet to point out that the 3D rendering of Bowser’s FLUDD must have been Fairly correct for Nintendo to insist on its elimination, thus making it canon. Again, we are not lawyers, but that seems hermetic to us.
So what do you think? Was this a cock move from Nintendo or is their case solid? Tell us in the comments.