[embedded content]
We knew it was just a matter of time but Nintendo of America issued a takedown notice on Breath of the NES, a game that was an 8-bit recreation of the Breath of the Wild demo shown at the Game Developers Conference earlier this year. If you go to the link to download the game, you’ll see it is no longer available.
Nintendo has a lengthy history of shutting down fan games that use their characters. Some games from recent memory include Pokemon Uranium and AM2R, a Metroid 2 remake. When we first saw this game available for download, we knew it was only a matter of time. If you have already download the demo, you are free to keep playing it but it will no longer be updated with Breath of the Wild sprites.
Winter Drake, the developer of the game, has decided to keep the project going and just replacing the Zelda characters. The developer also promises the project will come back bigger and better than ever.
@RickSnyder3 (2/2) The game isn’t dead, I just won’t be using the Zelda characters. It will live on! 😀
— WinterDrake (@WinterDrakeDev) April 30, 2017
The game was pretty impressive so we’re looking forward to see where it goes now that it’s not using the Zelda skin. Winter Drake says they have enough artists and music composers to help turn it into a original game. We’ll keep you updated on where the games goes next.
You can read the full takedown notice right here:
Dear Support Team,
We represent Nintendo of America Inc. (“Nintendo”) in intellectual property matters. Nintendo recently learned that content available at https://winterdrake.itch.io/breath-of-the-nes-zelda-fangame infringes copyrights owned by Nintendo. This notice is provided pursuant to the Digital Millennium Copyright Act, 17 USC § 512, and itch.io’s Terms of Service. We submitted a notice through itch.io’s web form yesterday, but the infringing content still appears.
This page linked above provides access to downloadable files that violate itch.io’s Terms of Service and infringe Nintendo’s copyrights in its The Legend of Zelda video game franchise, including but not limited to the audiovisual work, images, and fictional character depictions from the following: U.S. Copyright Reg. Nos. VA0001419268 (Link character); PA0000356140 (The Legend of Zelda); and PA0002028142 (The Legend of Zelda: Breath of the Wild).
I have a good faith belief that this use is not authorized by the copyright owner, its agent, or the law. I hereby state that the information herein is accurate and, under penalty of perjury, that I am authorized to act on Nintendo of America Inc.’s behalf.
We would appreciate your expeditious removal of all infringing content. Please contact me immediately with any questions.
This notice is not intended to and shall not waive or prejudice any rights and remedies that Nintendo may have at law, in equity, or otherwise. Any and all such rights and remedies are hereby expressly reserved.
Best regards,
Alicia Bell
Attorney for Nintendo of America Inc.
‘Breath of the NES’ Available For Download
This 8-bit version of Breath of the Wild is a recreation of the demo we saw at GDC 2017.
Eli Becht is a Heavy gaming contributor and a graduate of Central Michigan University. You can follow him on Twitter @elibecht or reach him by email at eli.becht@heavy.com.April 30, 2017 7:38 pm
powered by sue.ng a legal search engine