The Big House, an online Super Smash Bros tournament (at least in 2020), has been cancelled, apparently due to the use of the Dolphin emulator and a modification to that emulator called Slippi, after the organizers received of a cease and desist notification from Nintendo.
As part of Nintendo's statement on the cancellation, they also intimated that the use of the modification itself was predicated on using "illegal copies" of Super Smash Bros Melee, but do they have a legal leg to stand on?
And if they do, is it the same leg they are presenting to the world?
Let's dive in.
Nintendo wouldn't let them do a barrel roll...in Virtual Legality.
#Nintendo #TheBigHouse #freemelee
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Discussed in this episode:
"The Big House is heartbroken..."
Tweet - November 19, 2020 - The Big House (@TheBigHouseSSB)
"Nintendo orders cancellation of Smash Bros tournament over mod use"
GamesIndustryBiz - November 20, 2020 - James Batchelor
"Nintendo's statement on the Big House event cancelation:"
Tweet - November 19, 2020 - Patrick Shanley (@pshanley88)
"The Big House Online cancelled by Nintendo C&D"
Reddit Post - November 19, 2020
"Exclusive rights in copyrighted works"
17 USC 106
"Limitations on exclusive rights: Fair use"
17 USC 107
"Video game console emulator"
"Sega v. Accolade"
"Clean room design"
Galoob Toys, Inc. v. Nintendo
964 F.2d 965
"Micro Star v. Formgen, Inc."
154 F.3d 1107
"Are game emulators legal?"
TechRadar - September 25, 2016 - Rich Wordsworth
"BRO DID I JUST GET BANNED ON TWITCH FOR AGE OF CALAMITY?!"
Tweet - November 19, 2020 - REVERSAL (@REVERSALx7)
"Reading Final Fantasy VII's Streaming Restrictions (VL199)"
YouTube Video - March 31, 2020 - Hoeg Law
"Is Streaming Among Us...Illegal? (VL332)"
YouTube Video - October 6, 2020 - Hoeg Law
"Nintendo Switch Family: User Agreement"
"Nintendo Game Content Guidelines for Online Video & Image Sharing Platforms"
"Streaming, Copyright Infringement, and Fair Use (Virtual Legality #177)"
YouTube Video - February 19, 2020 - Hoeg Law
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE:
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
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For more information: contact Chris at @Chrisleroux on Twitter.
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