Re: A89: Fw: StarFox -Reply
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Re: A89: Fw: StarFox -Reply
Of course, I'm not really one to be giving legal advice, so I won't.
But I will mention:
It's been my experience that large companies have two main concerns:
someone will make a product and name it the same or similar to their
product.
1) This will confuse some customers, and they will lose market share.
2) If someone uses the alternate product, but associates it with the
original company, and the product goes sour, then they will associate
that with the company.
So for these reasons, they legally attack anyone when that
person/company can be legally attacked for copyright.
Obviously the graphics are not going to be even close to the original
game, due to resolution and color. Gameplay, while reminiscent of
Starfox, will be severely hampered by the speed of the processor and
input ability. Since you'll have to change both of these things, I
doubt(but am not certian) they will sue you for that.
But the name they can sue you for. Since you are not making any money,
it would probably be less than a hundred thousand. But whether you make
money or not, the name is legally their's and they have full right to
say what can and can't be done with it. The only time(IIRC) you can use
a copyrighted name is when you have a well-established product which is
completely un-related to the other product, and it is clear to every
person who uses, or may use it, that there are two different products
with two different companies, AND your company and the other have both
agreed that neither is stomping on each others toes.
So:
Simply change the name. I know, NebulaCanine is not as catchy, but oh
well.
-Adam
Miles Raymond wrote:
>
> Hey everyone! Take a look at the attached message and tell me what your opinions about it are. Do
> you think that means that if I make it, NOA will sue me? I wouldn't be making a profit out of it,
> but I don't think that Bill Reno recognized that all TI programs are free. Should I start on this,
> or should I avoid the risk of getting sued...
>
> And if you take a look at that second paragraph... Do you think there is anything going on between
> MS and NOA?? (next Nintendo platform will be running MS Windows64...) Scary...
>
> -Miles Raymond
>
> -----Original Message-----
> From: Nintendo Nintendo <NINTENDO@noa.nintendo.com>
> To: m_rayman@bigfoot.com <m_rayman@bigfoot.com>
> Date: Wednesday, November 18, 1998 4:03 PM
> Subject: StarFox -Reply
>
> >Hello Miles!
> >
> >Thanks for contacting us before spending too much time on your
> >project. I could attach the extremely lengthy form-letter response
> >from our Legal Department to companies\individuals asking to
> >use our copyrighted/trademarked property, but I'll condense it to
> >one word: No!
> >
> >Any distribution or use of a game containing the properties you
> >suggest would prompt swift action. Our Legal Department
> >aggressively protects the company's property. As would the
> >Legal Department of any company. I'm sure if you were to contact
> >Microsoft, our neighbor, and ask if you could use the name
> >Windows for your OS, you would get that lengthy legal response
> >and possibly more! ;-)
> >
> >Nintendo of America Inc.
> >Bill Reno
> >
> >World Wide Web URL: | Power Line (Automated Product Info)
> >http://www.nintendo.com/ | (425)885-7529
> >
> >>>> "Miles Raymond" <m_rayman@bigfoot.com> 11/16/98
> >07:50pm >>>
> >Hello
> >
> >My name is Miles Raymond. I would like to know if I can make a
> >game for the Texas Instruments 89 (TI-89) graphing calculator
> >based on StarFox64. I am contacting you first because I would
> >like to know if I would be infringing on any copyrights that
> >Nintendo has on the StarFox name or the game play/design. The
> >title that I would like to make is called StarFox89 and it will be
> >programmed in assembly, for fast, efficient code.
> >
> >Thank you for you time, and your response.
> >
> >-Miles Raymond
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