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I got a Cease and Desist Order from Nintendo!?

2009-04-01 07:42:06 by HadoukenDude
Updated

Wow, I can't believe this. I do not even know where to start. Well, I guess I could share this with the people here and show them what's going on:
I received this e-mail early in the morning:

"Dear Mr. Victor Fiori:
It has come to our attention that you have made an unauthorized use of our copyrighted work entitled The Legend of Zelda: Four Swords in the preparation of a work derived therefrom. We have reserved all rights in the work, first published in February 21st 1986 to present day. Your work entitled "Legend of Zelda: Four Swords Misadventures is essentially identical to the Work and clearly used the Work as its basis, for example: Copyrighted characters, backgrounds, artwork and music.
As you neither asked for nor received permission to use the Work as the basis for "Legend of Zelda: Four Swords" nor to make or distribute copies, including electronic copies, of same, I believe you have willfully infringed our rights under 17 U.S.C. Section 101 et seq. and could be liable for statutory damages as high as $150,000 as set forth in Section 504(c)(2) therein.

We demand that you immediately cease the use and distribution of all infringing works derived from the Work, and all copies, including electronic copies, of same, that you deliver to me, if applicable, all unused, undistributed copies of same, or destroy such copies immediately and that you desist from this or any other infringement of my rights in the future. If I have not received an affirmative response from you by 04/15/2009, indicating that you have fully complied with these requirements, we shall take further actions against you.
Very truly yours,

Reginald Fils-Aimé, President of NOA
Satoru Iwata, President and CEO, Nintendo Co., Ltd.
Shigeru Miyamoto, Senior Managing Director of Nintendo Co., Ltd."

By the looks of it, Nintendo decided to put their foot down when it comes to authors making sprite related stuff or using copyrighted Nintendo characters in an author's story. I'm shocked, yet at the same time disappointed by this. Looks like Nintendo doesn't appreciate my interpretation of "The Legend of Zelda" and now I'm being forced to stop my Zelda series and work on more original content. What choice do I have? Four Swords Misadventures is now cancelled. I guess its back to the old drawing board. This is total Bull. I'm sorry guys... : (
Update: April Fools!


Comments

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MaximusMaximus

2009-04-01 07:43:04

CHING CHONG WOW


Yuen-ChenYuen-Chen

2009-04-01 07:44:05

I am sadden of this. all artist have right to be terrible, This I agree.


gta-sagta-sa

2009-04-01 07:45:23

This is happen when China not is leader of you country.


mpythonfan42mpythonfan42

2009-04-01 07:47:25

Look out for Nintendo's secret assasins. Check your closet and close your windows every night just to be safe.


hdog1hdog1

2009-04-01 07:49:22

Why wouldn't they E-mail New Grounds staff and ask them to del-
Oh! Very clever. Nice April Fool's joke.

Not.


GishGuyGishGuy

2009-04-01 07:57:41

Haduken dude do you have any and i mean ANY! relationships with Fulpie and his team of Funnehs? IF you would know them you better check with them so its not apart of this Chinese took over the site and steals your freedom fools day joke... cuz i see (China>Nintendo>Newgrounds>Fulp+Foolz Day=This Letter) :/ so check with them..... OR ITS YOU THAT IS JOKING TO SCARE US THAT YOU WONT DO MORE ZELDA SPRITES! i cant trust anyone today maybe i cant type something more normal tomorrow X/


calamitykidcalamitykid

2009-04-01 07:58:55

they are under bed
run


boganbeerboganbeer

2009-04-01 08:00:51

WHAT THE HELL. dude that series is so awesome! but yeah, be very careful of secret nintendo assassins dressed like mario or some crap like that.


GishGuyGishGuy

2009-04-01 08:03:04

Also i bet 100$ that all those new china guys is a part of fulpies gang that Yuen-Chen girl might be Jonny Utah! run

Prof: i dunno how that china guy got BOB to do a voice in his game...and making the game when he got his profile today noone is that fast.....


Shadowii2Shadowii2

2009-04-01 08:05:28

I wouldn't be surprised, if this was real.

But because it's April's fools today, I'm sure you are joking.


KotlolKotlol

2009-04-01 08:05:56

Nice offical joke... but I think they would rather sue Alvin Earthworm then you.


MuggyFuzzballMuggyFuzzball

2009-04-01 08:44:56

To be fair to Nintendo, it does seem that you are using quite a lot of screenshots and references to their material, which in turn is not fair to the game developers who make Legend of Zelda games.

Also, no offense by this but the voice acting was pretty bad too in the animations.

Really, it should be no surprise to you that they contacted you about this as many of your flash content is Nintendo related...not to mention, none of it can really be considered a "parody" by law (so your appeal wouldn't stand up in court, meaning they would win) as the content really isn't used as a joke.


secondstampsecondstamp

2009-04-01 08:54:27

THIS IS CLEARLY NOT AN APRIL FOOLS JOKE.


secondstampsecondstamp

2009-04-01 08:54:58

I said "4Pril F00Lz J0K3"


Erreip199Erreip199

2009-04-01 08:59:09

Feliz dia de los inocentes XD


S-KS-K

2009-04-01 09:08:11

WTF indeed! I think this is some kind of april fools joke, but you do know what it means if they're serious right fanboys? No super mario brothers Z finale.


S-KS-K

2009-04-01 09:08:43

lol at my first censored post WELCOME TO FORTUNE =D


shiguy-mastershiguy-master

2009-04-01 09:10:33

demanda por derechos de autor huy que feo, bueno tal parece que no se podra trabajar mas con sprites de zelda :(


WilliWowzaWilliWowza

2009-04-01 09:35:57

Haha, good one.


Afro-wolfAfro-wolf

2009-04-01 10:04:44

Give it a new name, trace the sprites instead of using them directly, steer the plot into a parody format and use different names, there now they can say f*uc/k all


HalvgoedenHalvgoeden

2009-04-01 10:30:38

You should be happy. Shigeru Miyamoto e-mailed you!


yoyo121yoyo121

2009-04-01 10:48:14

Hm...well Nintendo has no real right to say you have to stop doing it because of your free time. Just because you are using it doesnt mean that your trying to bash zelda if you watch the episodes it clearly says quote by quote "I do this because im a fan of the series" I being you. What happened to all the other flashes that got to stay that also used zelda stuff. Its not just you who uses zelda stuff because they are a fan of the series. But im sorry Victor but I also want to take the time to say update your computer there is a worm thats supposedly going to comme today it could be an april fools joke but we are all trying to be safe. And just in case if its an april fools joke its good but i believe you. I am also sorry.


fluffkomixfluffkomix

2009-04-01 11:13:02

you makeh me sad


fluffkomixfluffkomix

2009-04-01 11:21:09

omg you little son of a bitch. YOU LITTLE SON OF A BITCH!

you actually got me going for a little while there til i realized it was april fools day.

har de har har


fluffkomixfluffkomix

2009-04-01 11:21:38

holy crap china is censoring me :O


MasterOfDaWay666MasterOfDaWay666

2009-04-01 11:30:31

On April Fools?

But even if this is true, using copyrighted material for things such as satire, rants, parodies, teachings and the likes is fairly legal.


gonakagonaka

2009-04-01 12:16:02

this are very bad. i steer nintendo unfortunate terms hitler backwards of charm her childhood. most bicycle =(


KimesKimes

2009-04-01 12:45:28

If it is real: maybe you can take some action. It is not as if you earn any money from FSM.
If it's fake: well, it did scare me for a moment but seeing it is the first of april, and how coïncidental that letter came this morning to you, I strongly believe this is false.


JohnboweJohnbowe

2009-04-01 13:55:17

Well, if you were selling crap based on the four swords misadventures, then thats a big no no.


CAPTAIN-CANADACAPTAIN-CANADA

2009-04-01 15:07:30

fffffffffffffffffffffffffffffffffffff fffffffffffffffffffffffffuck. is this just an april fools joke? if it is you went to far man. lol jk. but if its serious. fffffffffffffffffffffffffffffffffffff fffffffffffffffffffffffffffffffffffff fffffffffffffffffffuck


dmanslanddmansland

2009-04-01 15:40:53

I agree, it's bullshit, but also an honeor to actually be recognized by Nintendo, seriously look at all the other sprite movies and they don't get any cease and desist letters from Nintendo. Still sucks that you can't do LOZ anymore, I love it, but I still like your earlier work.


deswendeswen

2009-04-01 15:45:40

I swear, this is just a sick april fool's joke. there is no way nintendo's just gonna wander around websites and act like a bitch to everyone useing their sprites. they should be enjoying it! simple math: people enjoy movie+game in exsistance=they go buy the game! seems pretty obvious to me.


yoyo121yoyo121

2009-04-01 15:55:00

also APRIL FOOLS!!!! we all know your joking but you got us on thr run


wade54wade54

2009-04-01 16:07:14

nice april fools man i know nintendo they dont do that

Happy april fools!

-
wade54


CharrXCharrX

2009-04-01 16:51:41

As some already said.

April 1. is today. Kinda suspicious this happens today, no?

Lol, laughed at it tho^^


Rikkuofthe4threalmRikkuofthe4threalm

2009-04-01 18:20:26

Dude this had better be an @pril Fools joke. I don't see any reason why they should have you cease the series when you are not slandering them or anything.


e-vile-vil

2009-04-01 19:30:01

at first i believed it, but then i remembered the date... April Fools!


e-vile-vil

2009-04-01 19:31:57

at first i believed it, but then i remembered the date... @pril Foools!


e-vile-vil

2009-04-01 19:33:19

(i finally found a way to say @pril Foools without it being changed into China Rules)


DemanslayerDemanslayer

2009-04-02 06:48:42

They can not do this man i mean loz missadvetures is a funny ass show and nice joke lol


yoyo121yoyo121

2009-04-02 09:39:04

We know this but im sure you got some of us on the run including retarded me oh well good luck with 7 and i noticed about your last MKM flash its good


AngelProdigyAngelProdigy

2009-04-02 10:04:32

I knew it...
Your e-mail seemed valid but yeh. Just HAPPENED to be on April Fools.


Burning-WookieBurning-Wookie

2009-04-02 12:03:35

The Second I read it was made by the Reginator I knew what it was. He made no references to kicking your ass or "chewing bubble gum"


deswendeswen

2009-04-02 15:28:15

hehe. had a feeling about this after i had posted and started thinking clearly again. i gotta stop playing Bioshock before getting on NG. its drivin me insane. no matter, at least we will still get to see FSM when you get around to it.
yay.


colondavidcolondavid

2009-04-02 18:43:41

What the helllllllllllllll! I loved 4 swords. I hate nintendo


rogue2012rogue2012

2009-04-02 21:49:05

dude, uncool april fools. x.x but very nicely exicuted and funny none the less. lol kinda mean though. : (


Gilligan1111Gilligan1111

2009-04-03 18:02:40

April fool's joke? Why not. I could make up an e-mail like that. Also, why would the CEO of Nintendo e-mail some one? Woldn't you think they'd use a more official means of communication, like a written letter?

Who reminds readers that it's April fool's underneath a serious entry such as this?
Obviously, there was no e-mail sent ordering the discontinuation of the four swords misadventures series. And if you don't believe me, find something else to waste your time on, until I am proven correct.


Riku1858Riku1858

2009-04-03 18:03:11

But haven't you left disclaimers on every episode???

By putting a disclaimer, you are saying that you acknowledge the original creator of the art (or in this cask, the game sprites), as is the other stuff that you put there. And its not like that you're doing it for money either, right?

So seriously, that was a total BS move on their part, and you can really haul their asses in court.


Riku1858Riku1858

2009-04-03 18:08:19

And I also forgot to mention that if they did this to you, then they have to get every other flash creator who made something using game sprites on this site too, including the source of where you got the sprite sheets as well.


ThaleThale

2009-04-03 19:15:28

wait was this a joke or r u surious

HadoukenDude responds:

April fools! it was all a joke. You should have noticed it by now.