According to VentureBeat, Nintendo attorney Alicia Bell says in a letter that the game was a clear copyright violation and game’s web host CloudFlare has taken the game down, replacing the page with the email exchange with Bell. The takedown notice claims the fan project is in copyright breach for “Nintendo’s Super Mario 64 video game (U.S. Copyright Reg. No. PA0000788138), including but not limited to the audiovisual work, computer program, music, and fictional character depictions.”
The recreation of Super Mario 64’s first level, Bob-Omb Battlefield, was created by Erik Roystan Ross using the Unity engine and released last week as a free in-browser game. Ross says in a post on his blog that he created the game to demonstrate the “Super Character Controller” he had designed. All of the art and animations were created by him, with only “the Mario, Goomba, and Power Star meshes” ripped from Super Mario Galaxy.
According to the same blog post, Ross didn’t have “any plans to develop (the game) any further” and the project was not to be used for profit. However, due to Nintendo’s copyright infringement notice, Ross has taken down not just the webplayer version but the standalone builds. You can still see a video showcasing the project, embedded below.
I’m surprised this even existed since even though it’s not for profit, it does violate copyright laws. That being said, this isn’t good PR for Nintendo, who already has a reputation for being close minded with content with their ideas on the internet, such as let’s play videos.
Esteban Cuevas is an Associate Writer at MONG, and enjoys dominating Tekken Tag Tournament with Kunimitsu while blasting The Rolling Stones’ Can You Hear Me Knocking. You can follow him on Twitter, YouTube, and WordPress.