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Oh my god...Nintendo is so stupid...


Gryph

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http://ve3d.ign.com/[/url'>']Nintendo has issued a Cease & Desist letter to the SuicideGirls website, "a part alternative community and part pin-up showcase of more than 420 fantastic tattooed and pierced bad girls, from Finland to Colombia." A member of said site stated on their profile page that Metroid and Zelda titles were among their favourites.

 

 

This is the entire letter. I can't post the link to it because apparantly that site has some adult material and isn't safe for work...

> From: Stop IP Infringement <StopInfringement@PerkinsCoie.com>

> Date: October 27, 2004 10:12:06 AM PDT

> To: "'spooky@suicidegirls.com'" <spooky@suicidegirls.com>

> Subject: Infringement of Nintendo Intellectual Property Rights

>

>

>

>

>

> October 26, 2004

>

>

>

>

>

>

>

>

>

> VIA EMAIL ONLY

>

> Administrator: spooky@suicidegirls.com

>

>

>

> Re: http:/www/suicidegirls.com/members/RuneLateralus/380354/

>

> Infringement of Nintendo Intellectual Property Rights

> IDENTIFIED PROBLEM: Pornographic Web site uses Nintendo in link,

> text, source code, Zelda and Metroid in text

>

> Greetings:

>

> We represent Nintendo of America Inc. ("Nintendo"), the owner of the

> trademark(s) and/or copyrighted works listed above (the "Nintendo

> trademark(s)/works"). It has come to our client's attention recently

> that you are using the Nintendo trademark(s)/works in the hidden

> text/visible text/meta tags and/or title and/or links of the

> above-referenced sexually explicit Web site. This use is

> unauthorized, and we are writing to demand that you immediately cease

> and desist this infringement of Nintendo's intellectual property

> rights.

>

> Nintendo has acquired substantial rights in the Nintendo

> trademark(s)/works. Nintendo's customers--including many children and

> their parents--have come to identify the Nintendo trademark(s)/works

> with the high quality of Nintendo products. Your unauthorized use of

> the Nintendo trademark(s)/works will tarnish Nintendo's reputation.

>

> This infringement of Nintendo's intellectual property rights can

> subject you to sanctions under applicable federal and state laws.

> Accordingly, you must immediately cease and desist from any and all

> use of (1) the Nintendo trademark(s)/works, (2) any other Nintendo

> trademark(s)/works, and (3) any mark which is confusingly similar to a

> Nintendo trademark. This includes, but is not limited to, your

> infringement of Nintendo's intellectual property as explained above.

>

> I look forward to your immediate confirmation that you have taken the

> necessary steps to resolve this matter. To that end, you may contact

> me at either 206‑359‑6742 or StopInfringement@perkinscoie.com.

>

> Sincerely,

>

>

> Melissa Morgan Nelson

> Perkins Coie LLP

> 1201 Third Avenue, Suite 4800

> Seattle, WA 98101-3099

> http://www.perkinscoie.com

>

> :ceh

>

> cc: Nintendo of America Inc.

>

> ISP: peter.luttrell@3jane.com

>

> File: 51.13

>

> NOTICE: This communication may contain privileged or other confidential

> information. If you have received it in error, please advise the

> sender by

> reply email and immediately delete the message and any attachments

> without

> copying or disclosing the contents. Thank you.

 

This is just so pointless...I find it hard to believe that it's real, but it is!

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I have to agree with Nintendo here. Do remember that Nintendo is a publically listed company where public opinion could affect its financial performance. Also note that this isn't your avg fan site, but a site which carries controversial material (such that revealing the URL on this board might break regulations, I might add). If some idiotic "concerned parent" decides to make a big fuss over this, it's not going to reflect well on their balance sheets.

 

So as much as I detest legal suits, I have to go with the big N here.

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This could be just what Nintendo needs to hook the 16-20something market it's missing right now. :P

 

Seriously though.. On the one hand, I can see where Nintendo would be concerned about having its properties mentioned on a porn site. On the other hand, it's somebody's "favorites" list, whatever! It's not like they're advertising kinky cosplay sex in Samus costumes or something. Chances are, whoever had to send that email from Nintendo felt just as stupid about it.

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Umm, Ugenn... it's a cultural reference. Zelda is a cultural reference, Metroid is a cultural reference. If we're not allowed, on the whole, when asked who our favorite author is (for instance) to answer using his name *BECAUSE IT'S CONSIDERED INFRINGEMENT*, then someone's seriously confused about the "fair use" of nouns and verbs and spoken/written language in general. What if this wasn't a porn-site, but a games-reviewer? One who hadn't been given express permission to write a review? "Zelda sucks." <-- sued.

 

This is not the defense of brand-image, this is the attempt to frighten someone into shutting up using the legal system as a threat. This is, basically, censorship.

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eh, it's Nintendo we're talking about here; this was no surprise by any means.

What do you expect anyway? :P This is from a company who opt for cartridges when the in-thing is CD-Rom. :blink:

H4w. I hope for the best and fear the worst. In Nintendo's case, always fear the worst first. :lol:

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