Nintendo Wields DMCA Ax On Fan Games

In a move that may sadden many but should surprise nobody, Nintendo of America has issued a DMCA takedown notice for 562 fan-created games created in homage to Nintendo originals and hosted on the popular Game Jolt site. Games affected include Mario, Zelda, and Pokémon based creations among others, and Game Jolt have responded, as they are required to, by locking the pages of the games in question. They state that they believe their users and developers should have the right to know what content has been removed from their site and why the action has been taken, so they have begun posting any notices they receive in their GitHub repository.

It is likely that this action won’t be appreciated within our community, however it’s important to note that while there are numerous examples of DMCA abuse this is not one of them. Nintendo are completely within their rights over the matter, if you use any of the copyrighted Nintendo properties outside the safe harbor of fair use then you will put yourself legitimately in their sights.

Something that is difficult to escape though is a feeling that DMCA takedowns on fan-created games are rather a low-hanging fruit. An easy way for corporate legal executives to be seen to be doing something by their bosses, though against a relatively defenseless target and without really tackling the problem.

To illustrate this, take a walk through a shopping mall, motorway service station, or street market almost anywhere in the world, and it’s very likely that you will pass significant numbers of counterfeit toys and games copying major franchises including those of Nintendo. A lot of these dollar store and vending machine specials are so hilariously awful that their fakeness must be obvious to even the most out-of-touch purchaser, but their ready availability speaks volumes. Unlike the fan-created games which are free, people are buying these toys in huge numbers with money that never reaches Nintendo, and also unlike the fan-created games there’s not a Nintendo lawyer in sight. Corporate end-of-year bonuses are delivered on the numbers of violations dealt with, and those come easiest by piling up the simple cases rather than chasing the difficult ones that are costing the company real sales.

We’ve covered many DMCA stories over the years, and some of them have been pretty shocking. Questions over its use in the Volkswagen emissions scandal, or keeping John Deere tractor servicing in the hands of dealers. Let’s hope that the EFF and Bunnie Huang’s efforts pay off and dismantle section 1201, one of the most nonsensical parts of the law.

Via Engadget. Dendy Junior unauthorised Nintendo Famicom clone image, By Nzeemin (Own work) [CC BY-SA 3.0], via Wikimedia Commons.

Hardware “Security” and a DMCA Takedown Notice

tektronix-autoLast week we published a post about how it was discovered through trial and error that Tektronix application modules are designed with laughable security. We’ll get to that part of it in a minute. We received a DMCA Takedown Notice from Tektronix (which you can read after the break) demanding that we remove the post. We have altered the original post, but we believe our coverage of this story is valid and we don’t agree that the post should be completely removed.

First off, Tektronix sells the modules to unlock the features already present on the Oscilloscope in questions. We’re operating on the moral assumption that using these features without paying their asking price is wrong. If you want the features they’ve developed you should pay for them.

The real story here is that Tektronix designed a woefully weak system for unlocking these modules. Learn from this. If you’re ever designing a hardware key, don’t do it like this!

An EEPROM, a connector, and a plain text string of characters which is already published publicly on their website is all that is necessary to unlock these “crippled” features. Let’s just say that again: apparently every hardware key is the same and just uses a plain-text string found on their website which is not encrypted or obfuscated. If you were selling these keys for $2.99 perhaps this would be adequate, but Tek values these modules at $500 apiece.

If you were designing this system wouldn’t it be worth using an encryption key pair based on the serial number or some other piece of unique information? How do you think this should have been done? Leave your comment below.

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HOPE 2008: YouTomb, A free culture hack

YouTomb is a research project designed by the MIT Free Culture group to track video take downs on YouTube. To succeed, the team needed to track every single video on YouTube… which is close to impossible. Instead, they built several “explorer” scripts to track what videos were interesting. One explorer tracks all of YouTube’s lists: recommended, featured, most active, and more. Another explorer picks up every video submitted to YouTube, and a third crawls Technorati.

The explorers just find the videos; a separate group of scanner scripts checks the current status of videos. It checks both the new videos and ones that have been killed to see if they return. YouTomb archives every video it finds. They display the thumbnail of the video under fair use, but they’re still determining whether they can display each video in full.

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