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1. Embed this notice
   翠星石 (suiseiseki@freesoftwareextremist.com)'s status on Thursday, 25-Apr-2024 11:32:21 JST 翠星石

   in reply to

   • Whole Milk 🥛 🐮
   • mangeurdenuage :gnu: :trisquel: :gondola_head: 🌿 :abeshinzo: :ignucius:
   • Dumb Idiot Retard
   @wholemilk >since they (presumably) be using Nintendo properties
   You're thinking about the subject with an incorrect mindset companies want you to think with.
   
   Copyright nor trademark restrictions aren't form of property, as otherwise copyright would be perpetual and never expire (copyright is almost perpetual now, but every year really old works do get released to the public domain) and trademarks wouldn't be revoked if the business stopped paying.
   
   @mangeurdenuage @idiot
   Unfortunately, it is correct that unauthorized fanart of a character is forbidden by copyright, although non-profit parody is allowed (which I believe everything ninty on garys mod is) as well "fair use" (although that allows almost nothing).
   
   In this case it looks like trademarks are what ninty used to file a takedown and that takedown would be valid for any mod that says "nintendo" or "mario" etc, although not for mods which don't contain nintendo's trademarks (but as always, businesses always just go ahead and censor anything they're told to censor, even if there's no legal basis for such censorship).
   
   >you can in theory copy the character design as long as you remix it enough and that it's for non lucrative reasons.
   You can draw a character that reminds the viewer of mario, but isn't called "mario" (you can call it mario-like even) and that won't infringe copyrights or trademarks.
   • Embed this notice
     mangeurdenuage :gnu: :trisquel: :gondola_head: 🌿 :abeshinzo: :ignucius: (mangeurdenuage@shitposter.world)'s status on Thursday, 25-Apr-2024 11:32:22 JST mangeurdenuage :gnu: :trisquel: :gondola_head: 🌿 :abeshinzo: :ignucius:

     in reply to

     • Whole Milk 🥛 🐮
     @wholemilk
     > couldn't that be a copyright violation?
     It can be, normally there's also fair use in this so you can in theory copy the character design as long as you remix it enough and that it's for non lucrative reasons.
   • Embed this notice
     Whole Milk 🥛 🐮 (wholemilk@social.linux.pizza)'s status on Thursday, 25-Apr-2024 11:32:23 JST Whole Milk 🥛 🐮

     in reply to

     • mangeurdenuage :gnu: :trisquel: :gondola_head: 🌿 :abeshinzo: :ignucius:

     @mangeurdenuage Wouldn't this be copyright since they (presumably) be using Nintendo properties and likeness?

     Like if I use my paint/canvas to make art of Mario, and its very derivative, couldn't that be a copyright violation?

   • Embed this notice
     mangeurdenuage :gnu: :trisquel: :gondola_head: 🌿 :abeshinzo: :ignucius: (mangeurdenuage@shitposter.world)'s status on Thursday, 25-Apr-2024 11:32:24 JST mangeurdenuage :gnu: :trisquel: :gondola_head: 🌿 :abeshinzo: :ignucius:

     in reply to

     • Dumb Idiot Retard
     @idiot
     >To be fair this is a copyright moment
     It's more of a trademark moment since no nintendo code is in it.
   • Embed this notice
     Dumb Idiot Retard (idiot@shitposter.world)'s status on Thursday, 25-Apr-2024 11:32:25 JST Dumb Idiot Retard

     in reply to

     • mangeurdenuage :gnu: :trisquel: :gondola_head: 🌿 :abeshinzo: :ignucius:
     @mangeurdenuage To be fair this is a copyright moment and not a proprietary moment. If it was free software it'd just be easier to preserve post-mortem, not immune to this bullshit.
   • Embed this notice
     mangeurdenuage :gnu: :trisquel: :gondola_head: 🌿 :abeshinzo: :ignucius: (mangeurdenuage@shitposter.world)'s status on Thursday, 25-Apr-2024 11:32:26 JST mangeurdenuage :gnu: :trisquel: :gondola_head: 🌿 :abeshinzo: :ignucius:
     Proprietary software just keeps on giving...