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Deleted member 36578

Dec 21, 2017
26,561
What is being on dispute is not just the alterations to the original sprite, which nintendo fully owns, but also the partial croped pixels that are part of the custom sprite the fanartist did, yes i know it sounds silly because it's just a couple of pixels that accidentally got in, but the custom sprite the fanartist did does fall into the standards of "originality of the author" for the fanartist.
It sounds silly because it is silly.
 

Popetita

Attempted to circumvent ban with alt account
Banned
Oct 29, 2017
1,957
TX|PR
It's seriously nothing and tried to boil over a few times.

Also some people keep saying Nintendo. It's some dude at Bandai Namco or something cutting corners. The is no Mr. Nintendo.
 

Crayolan

Member
Oct 25, 2017
8,767
So the end result is that all you can actually see in-game is the sprite by Nintendo and the fan-made part may as well be something hidden away in the files.

Who cares?
 

julian

Member
Oct 27, 2017
16,786
What confuses me is, they took a sprite they own from a fan sprite sheet, but doesn't that mean they had some reference to go off of? Unless it was just a coincidence they didn't take a fan made sprite. So they possibly had a reference, but not a high enough quality one to pull from so instead relied on the online version? That's just weird.
 

Booga

Alt account
Banned
Sep 15, 2018
937
Everyone who keeps saying "Well it's Nintendo's to begin with!" are missing the point. Instead of having their own sprite made, they went into someone's Deviantart gallery, found the sprite they wanted with the fanmade sprite next to it and cut the fanmade sprite out to put in Smash. It doesn't matter if it's theirs. They still have someone's art in the game that they covered up to use their own.
fixed for accuracy
Everyone who keeps saying "Well it's Nintendo's to begin with!" are missing the point. Instead of having their own sprite made, they googled their own IP and used it.

Also, based on what you are saying here, I think maybe you don't know how intellectual property works. They are legally allowed to use, without permission or acknowledgement, any and all art of their Intellectual Property that has been publicly posted online. Without exception.
 

ShinobiBk

One Winged Slayer
Member
Dec 28, 2017
10,121
Really? 7 pages?
This is like a fun trivia fact at most. Who the fuck cares about this?
 

ZackieChan

Banned
Oct 27, 2017
8,056
Because such artwork it's on a ownership limbo of sorts, Nintendo owns the character, nintendo owns the original sprites, but Nintendo did not create the fan sprite, so despite their ownership of the IP, they cannot claim ownership of the sprite, Nintendo could potentially sue the fanartist over the creation of the sprite (but maybe would require the fanartist or DA to profit from it), but Nintendo does NOT have the rights of usage over the sprite.

To use the sprite in a game would require a legal arragement or compensation with the creator of the sprite, even in a case like this where the accidental use came from the incompetence of someone who couldn't be arsed to get the original asset.
It's not in ownership limbo at all. Copyright gives you several exclusive rights, one of which is the right to make derivative works of your copyrighted work. The fan Sprite is a derivative work of the original and not particularly transformative. It's an infringement, as far as I'm concerned. As is the reposting of copyrighted material (the original sprites), because duplication is smithery exclusive right of the copyright owner. There's a great case involving a guy who wrote a script for Rocky 4, unsolicited, if you want some precedent on that.
No, but my brother is and i also like to read about cases like this pertaining Tv shows, comicbooks and cartoons, which is why i know there are precedents for this.
You haven't cited one actual precedent. News stories about companies taking things down to avoid potential legal hassles is not precedential.
You should read more cartoons about copyright law, I think.
Sure continue to be obtuse about it, despite precedents.
Again, you have yet to cite a precedent.
 

Nitpicker_Red

Member
Nov 3, 2017
1,282
Here's a better comparison (posted by the same RandomTalkingBush )
Du-OLx-Ka-W4-AENb-MJ.jpg

  • Left: Smash "Spirit" without transparency.
  • Middle: Mother 3 translated ROM in-game-screenshot.
  • Right: Devianart spritesheet with from left-to-right in-game overworld sprite, custom overworld sprite and in-game battle sprite (with mistake areas circled).
Note that the "Spirit" also has a 4*4 non-pixel aligned slight decoloration in the pink area of the gun that is NOT present either in the original nor the Devianart sprite. It might be a mistake with a lighter brush added either by Bandai Namco or RandomTalkingBrush (waiting their confirmation).
And the differences isolated:
copyrighted.png

Really? 7 pages?
This is like a fun trivia fact at most. Who the fuck cares about this?
So, let's discuss the copyright status of those 40 (*5*5) pixels.
 

Deleted member 8752

User requested account closure
Banned
Oct 26, 2017
10,122
It's not in ownership limbo at all. Copyright gives you several exclusive rights, one of which is the right to make derivative works of your copyrighted work. The fan Sprite is a derivative work of the original and not particularly transformative. It's an infringement, as far as I'm concerned. As is the reposting of copyrighted material (the original sprites), because duplication is smithery exclusive right of the copyright owner. There's a great case involving a guy who wrote a script for Rocky 4, unsolicited, if you want some precedent on that.

You haven't cited one actual precedent. News stories about companies taking things down to avoid potential legal hassles is not precedential.
You should read more cartoons about copyright law, I think.

Again, you have yet to cite a precedent.
Thank you for being informed before posting.
 

Zero-ELEC

The Wise Ones
Member
Oct 25, 2017
7,565
México
Wow at people dismissing this out of hand as it being nothing. Not only did they just google the sprite and pulled the first one that isolated the sprite (which means they didn't either have the sprites themselves or bother ripping them) but that they poorly cropped an edit and accidentally included a custom sprite with it is just hilarious.

And while yes they weren't using NES roms ripped by the community, their attitude toward archivism and emulation is crap and this, in a way, is another hypocrisy of theirs. Without unofficial emulation, that sprite would have never been available for them to simply google, copy and paste.
 

low-G

Member
Oct 25, 2017
8,144
Not a big deal BUT...

Another case of preservationists distributing files which Nintendo themselves lost.

Further evidence that we can never trust companies to retain their history.
 

sfortunato

Member
Oct 25, 2017
6,740
Italy
Wow at people dismissing this out of hand as it being nothing. Not only did they just google the sprite and pulled the first one that isolated the sprite (which means they didn't either have the sprites themselves or bother ripping them) but that they poorly cropped an edit and accidentally included a custom sprite with it is just hilarious.

And while yes they weren't using NES roms ripped by the community, their attitude toward archivism and emulation is crap and this, in a way, is another hypocrisy of theirs. Without unofficial emulation, that sprite would have never been available for them to simply google, copy and paste.

Try asking a file of a 12 year old project to a subsidiary (which doesn't exist anymore) of a partner company of your company. It might take a few weeks/month, if any.

Archiving is a serious issue in Japanese video game industry and Nintendo isn't immune to that but let's not pretend that files are available right away all the time.
 

Fularu

Member
Oct 25, 2017
10,609
Man PSqueak got roasted

I loved the « No but » :p

Still this story is amusing, I would have expected the intern to erase the pixels instead of just masking them
 

RagnarokX

Member
Oct 26, 2017
15,783
What confuses me is, they took a sprite they own from a fan sprite sheet, but doesn't that mean they had some reference to go off of? Unless it was just a coincidence they didn't take a fan made sprite. So they possibly had a reference, but not a high enough quality one to pull from so instead relied on the online version? That's just weird.
The reference was likely a screenshot or video from the game.
 

MegaXZero

One Winged Slayer
Member
Jun 21, 2018
5,079
Not a big deal BUT...

Another case of preservationists distributing files which Nintendo themselves lost.

Further evidence that we can never trust companies to retain their history.
Lol, there's zero evidence they lost the files. There is a massive amount of spirits, so it was probably a better use of their time to find the sprite on google.
 

CloseTalker

Member
Oct 25, 2017
30,659
Every time this thread rises to the top, I hope something more has come up to justify being something worth noting. Nothing could be less of a story than this lol. This is the epitome of gamers looking for a controversy where there isn't one.
 

thespartin

One Winged Slayer
Avenger
Oct 27, 2017
159
Every time this thread rises to the top, I hope something more has come up to justify being something worth noting. Nothing could be less of a story than this lol. This is the epitome of gamers looking for a controversy where there isn't one.
I think the majority of this thread is just everyone laughing and commenting about the ridiculousness started by the poor thread title and it has just snowballed.... with the exception of a sandwich and armchair lawyer trying to make it out to be much more than it is.

On topic, im more interested in who took the time to go through all the assets of this game and start removing alpha channels. Seems like a lot of effort for something with really no payoff
 

Absoludacrous

One Winged Slayer
The Fallen
Oct 26, 2017
3,184
I think the majority of this thread is just everyone laughing and commenting about the ridiculousness started by the poor thread title and it has just snowballed.... with the exception of a sandwich and armchair lawyer trying to make it out to be much more than it is.

On topic, im more interested in who took the time to go through all the assets of this game and start removing alpha channels. Seems like a lot of effort for something with really no payoff

I was wondering how this got to seven pages after the sandwich bowed out. Did not expect the armchair lawyer.
 

7threst

Member
Oct 25, 2017
3,297
Netherlands

abellwillring

Member
Oct 25, 2017
8,937
Austin, TX
Everyone who keeps saying "Well it's Nintendo's to begin with!" are missing the point. Instead of having their own sprite made, they went into someone's Deviantart gallery, found the sprite they wanted with the fanmade sprite next to it and cut the fanmade sprite out to put in Smash. It doesn't matter if it's theirs. They still have someone's art in the game that they covered up to use their own.
From what I gather.. the "other sprite" isn't even visible in the game, right? I assume that you're just seeing what is shown on the left? It's a massive stretch to claim they have someone else's art in the game if you can't even see it!
 

Giga Man

One Winged Slayer
Member
Oct 27, 2017
21,232
That's actually hilarious. I can't believe they couldn't just erase the fan sprite before making it transparent.
 
OP
OP
Atheerios

Atheerios

Member
Oct 27, 2017
7,099
Updated on this:

1. It was confirmed that the sprite (not the cropped one, but the one displayed in the game) was not Nintendo's. It contains an extra pixel in the helmet.

2. The fanmade sprite has been removed already.
 

ChristianH94

Member
Apr 14, 2019
492
Lmao I was really confused when I was reading this why all the posts were from December last year, the last page explained it all though. Hooray it was fixed, though!
 

Nitpicker_Red

Member
Nov 3, 2017
1,282
Updated on this:

1. It was confirmed that the sprite (not the cropped one, but the one displayed in the game) was not Nintendo's. It contains an extra pixel in the helmet.

2. The fanmade sprite has been removed already.

This is so late I don't think it really warranted a necro post, just update the OP.
The origin of the image shown in the tweet is literally in the replies of the tweet OP quoted in his post back in December 2018, aka. day one: