Why is Nintendo against fan games?
Nintendo actively opposes and shuts down fan games using its intellectual properties due to losing control over its valuable characters and game franchises, as well as missed licensing opportunities that could amount to millions in revenue.
The Immense Value of Nintendo IP – Over $30 Billion for Mario Alone
Nintendo‘s popular gaming franchises, especially mascots like Mario and Pikachu, are some of the most lucrative intellectual properties in the entertainment industry. According to estimates by Inverse, the Pokémon franchise by itself is worth over $100 billion in total when counting games, movies, cards, and merchandise.
Similarly, the Mario franchise holds tremendous value. Respected financial publication Barron‘s estimates the Mario IP alone to be worth $30 billion as of 2022. Just the mobile game Mario Kart Tour generates over $1 million in monthly revenues. With so much value created from Nintendo‘s signature characters and brands, the company unsurprisingly takes strict measures to protect them.
Fan Projects Reaching Widespread Popularity
While many Nintendo fan games originate as free hobbyist projects made for love of the games, some have broken out to reach huge audiences – representing major missed revenue opportunities for Nintendo.
The most prominent example is AM2R – a fan remake of Metroid 2 created over 10 years. Prior to Nintendo‘s takedown, AM2R received over 1.3 million downloads and was widely praised in gaming publications like IGN and GameSpot as a quality reimagining of a classic Nintendo title.
Another popular fan game gone viral was No Mario‘s Sky – a fusion of Mario concepts with sci-fi game No Man‘s Sky. Prior to also being shut down by Nintendo, No Mario‘s Sky accrued over 100,000 views of demo footage on YouTube, indicating strong enthusiast interest.
| Fan game | Downloads | YouTube Views |
|---|---|---|
| AM2R | 1.3 million | 1.2 million |
| No Mario‘s Sky | N/A | 112K |
The figures above demonstrate fans‘ appetite for Nintendo-based projects. In both cases, receiving an official license to expand the audience could have been quite lucrative.
Legal and Trademark Obligations Around Fan Works
Copyright experts interviewed by law publication JDSupra emphasize that game publishers like Nintendo are obligated to shut down unlicensed fan games and mods or risk weakening their legal protections. Allowing fan works to propagate could qualify as tacit approval, limiting rights.
Furthermore, unofficial uses of characters and brands risk diluting the clarity and value of Nintendo‘s trademarks. Under US trademark law, marks lose distinctiveness if unauthorized third party usage becomes widespread.
Thus protecting trademarks cited around iconic series like The Legend of Zelda compels Nintendo to draw a hard line around derivative fan works. Refusing permission across the board removes gray areas that could weaken Nintendo‘s grip over its intellectual properties.
A Chilling Effect on Creativity?
Nintendo‘s stern opposition to fan games doesn‘t sit well with some ardent fans and amateur developers, who argue that purely non-commercial projects made out of love for the games bring little harm.
Unofficial games and mods spur creativity within gamer communities, keeping nostalgic Nintendo franchises relevant and expanding their reach to new potential fans. They can also explore interesting concepts Nintendo would likely never pursue on their own with standalone titles.
However, developers whose promising fan projects get axed after months or years of hard work understandably feel frustrated by months of passion and effort wasted and potential audiences vanished with a single DMCA takedown notice.
Walking a Fine Line Between IP Protection and Encouraging Fans
Nintendo undeniably has reasonable need, both financially and legally, to defend its prized characters and brands from exploitation. However, there are likely some scenarios where limited permissions around fan games make sense for generating goodwill and supplemental revenues among Nintendo‘s most ardent devotees.
The recent Mario Kart 8 booster course pass actually incorporates several tracks originally from fan game Mario Kart Wii, marking an unusual instance of Nintendo embracing fan developer creativity. Expanding moves like this could strengthen Nintendo‘s brand loyalty while still exercising strict overall control.
The Bottom Line: Don‘t Expect Nintendo‘s Stance to Change
Realistically, as long Nintendo views uncontrolled fan works as posing any degree of risk around IP protection or lost licensing income related to their crown jewel franchises, takedowns and legal action will continue. With tens of billions in current valuation, plus aspirations of growing Mario into Disney sized-success, the company has strong financial incentives to maintain an iron grip.
While niche permissions like the Mario Kart 8 booster tracks might occasionally materialize to reward standout fan creativity, developers hoping to tap into Nintendo‘s universe for their own creations proceed at their own legal risk. But Nintendo‘s enduring popularity will likely continue enticing gaming enthusiasts to test boundaries regardless.
