Nintendo may have issued a copyright claim to remove some paintings from Bowser

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Visit to Bowser Hospital© Nintendo

It is safe to say that this news will really extend the boundaries of what can be talked about on a family website, but before we begin: this article will not show the image in question, but it will probably not sure to read at work, neither. Again, why do you read about video games at work? Back to spreadsheets, Brian! These reports will not be submitted.

Patreon has long been a (relatively) safe haven for NSFW artists, with only the “adult games” genre some creators surpass $ 76,000 a month. A month. Good sauce.

3D artist AkkoArcade doesn’t make the kind of sums to be loaded into big bags with dollar signs like a Looney Tunes cartoon, but they still earn $ 1,481 a month with their 3D models at Patreon. These detailed models can be paid for, downloaded, and used for animations except one particular model, not thanks to Nintendo.

The DMCA withdrawal notice that AkkoArcade received from Patreon
The DMCA withdrawal notice that AkkoArcade received from Patreon (Image: AkkoArcade)

AkkoArcade created a file a lot realistic version of, erm, Jnr by Bowser. (which we don’t link to here for obvious reasons), and we downloaded it in June 2018. Almost three years later, Nintendo of America obviously found it (or someone who made it from Nintendo, at least) and issued a DMCA Withdrawal: A Claim copyright that compels the creator to withdraw their artwork. We’re not lawyers, but we didn’t know that copyrighted Bowser also involved his Dry Bones.

Nor is it the first time Nintendo has gotten their hands dirty with dirty content – they already released a DMCA withdrawal last year for a hentai-inspired game called “Peach’s Untold Tale.”

It’s really hard to find images to illustrate a story like this
It’s really hard to find images to illustrate a story like this (Image: Nintendo)

Things get a little muddy in terms of what it is and it’s not considered “fair use,” which allows people to use copyrighted material as long as their work is “transformative,” which includes parodies, comments or criticism. Adult creators can easily claim the defense of “parody,” but facing Nintendo in a legal battle is probably too much of an annoying resource.

However, in somewhat more optimistic news, several AkkoArcade fans responded to his tweet to point out that the 3D rendering of Bowser’s FLUDD must have been quite precise for Nintendo to insist on its elimination, thus becoming cannon. Again, we’re not lawyers, but that sounds narrow to us.

So what do you think? Was it a Nintendo play, or is your case solid? Let us know in the comments.

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