Earlier today we reported that another impressive-looking, fan-made Metroid game, this time a 2D reimagining of Metroid Prime, has closed after the manufacturers received an inevitable announcement of cessation and withdrawal. Nintendo was not specifically named, but there are no prizes for guessing the “certain gaming-related company” that has slowed this project.
It’s a story we’ve heard several times over the years, perhaps the one we remember AM2R, a remake made by fans of the 2016 Game Boy’s Metroid II: Return of Samus in a 16-bit Super Metroid style. Nintendo’s own remake of this game, MercurySteam’s Metroid: Samus Returns, was in development at the time and was released the following year, but even he had not done so In this case, the lack of a similar project developed internally would not have altered Nintendo’s response to a game that uses the company’s characters and the intellectual property that is made available, regardless of quality. In fact, the resulting quality and confusion could create – did Nintendo do it? – One could even conceive of a closer examination of the Shuntaro Furukawa legal team.
While we’ve been here many times before, there’s inevitably a reaction from a fan group that Nintendo is overly litigious, unnecessarily demanding, and even downright annoying when it comes to closing fan projects or withdrawing support. The company has an awkward relationship with the Smash Bros. fan base, for example, and gained its support for a tournament that used a modified version of Super Smash Bros. Melee.
We would argue that the reason Nintendo gets angry at fan games is pretty clear: not only will the company want to “protect” its IP and reputation by avoiding partnerships with projects it hasn’t personally developed or controlled, but also must be seen discourage and attempt to prevent copyright infringement in an active manner or risk becoming vulnerable in future legal disputes. Turning a blind eye in a single case sets a precedent that opens the door to copyright headaches with other potentially more egregious projects.
Nintendo has to be too seen discourage and try to actively prevent copyright infringement or risk being vulnerable in future legal disputes
This does not console frustrated fans who view cessation and withdrawal as unnecessary actions against fan communities that express love for Nintendo games and characters. The most passionate developers invariably do not seek to make monetary benefits, so why close these projects?
Nintendo’s approach contrasts Sega’s relaxed stance with Sonic fan games, that’s for sure. In fact, a Sega representative went so far as to say that when it comes to Sonic art and games made by fans, “as long as there’s no benefit, there’s usually no problem.” Sega and Nintendo are very different companies with very different business perspectives and interests, but it is an individual comparison for many fans. It could be argued that the existence of Mario Maker games tacitly acknowledges and takes advantage of the enthusiasm for content created by fans, but they will not satisfy everyone and there is no sign of Zelda or Metroid Maker on the horizon.
It’s a complicated situation and it certainly causes friction between Nintendo and a section (a very vocal and enthusiastic section) of its fan base. There is a compelling argument that, in fact, Nintendo shows considerable indulgence in allowing projects to come to fruition before releasing dogs. After all, AM2R may not be available on the developer’s website, but the Internet is the Internet; once outside, that elf will not return to the worm’s tube. You know, we know it and Nintendo knows it.
If you want to play the completed AM2R right now, there are ways and means. There is also wisdom in the idea expressed in the following tweet:
We would certainly discuss the idea that reporting on fan games is the signal that legal eagles are waiting to get started in action (remember a demo for Prime 2D, but remember), but the fact is that once the project is underway, the public space, it’s only a matter of time before it gets big enough to get attention. The team behind Prime 2D has been working for four years and the results speak for themselves, but knowing how Nintendo has reacted in the past, posting a demo before the end would always be risky: the statement released by the team he acknowledges, but says “it was the right choice for our team, and we don’t regret it.”
The frustration of seeing such a promising project to completion is understandable, but the regularity with which Nintendo’s legal department sends cease and desist is now the subject of memes. Regardless of your opinion, is anyone really surprised by this result?
Let us know your views on Nintendo’s approach to closing fan projects like Prime 2D in the next poll.