SMBX2 (2.0 Beta 3)

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FanofSMBX
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Re: SMBX2 (2.0 Beta 3)

Postby FanofSMBX » Tue Oct 24, 2017 5:07 pm

Enjl wrote:
FanofSMBX wrote:So the dev consensus is that no one actually cares whether Nintendo doesn't want this to exist or not?
I said before that our plan is to replace all copyrighted content from the game if Nintendo chooses to shoot this down. Thanks for not listening.
Look, yes, I know that. But I feel that respect is more than just doing what is asked - it's also following the spirit of someone's desires. Since Mario is owned by a company, the company is that "someone". If you wouldn't want to show this to Nintendo, then you're still hiding from them, even if barely, and are acknowledging that this project shouldn't exist. Just because fangames CAN be supported by companies (such as Sega) it doesn't mean that companies automatically have to accept them. I understand that it's a labor of love, but I felt the exact same way and Nintendo still nixed me making a nonprofit fangame, so it clearly doesn't matter to them. This is a rule about a video game brand, which is something that no one has to actually make or play to have a happy life, so it doesn't seem like this is a situation that merits ignoring the rule if you don't like it.

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Supporting forums:

Spoiler: show
SMBX Galaxy forum by Pivot40Channel
http://smbxgalaxy.prophpbb.com/
Come to the SMBX+ forums by illias3000. There is a whole forum category dedicated to the boss rush series with official rushes, submit bosses, and fan boss rushes! It is still open but AirSeus Forums is now open:
http://nsmbx.prophpbb.com/
AirSeus Forums the new home of the Boss Rush series:
http://smbxairseusforums.prophpbb.com/
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Re: SMBX2 (2.0 Beta 3)

Postby underFlo » Tue Oct 24, 2017 5:10 pm

whelp time to pack it up guys smbx2 is cancelled now i guess?? like what are you even trying to get at lol
im a girl yo

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Re: SMBX2 (2.0 Beta 3)

Postby Amyrakunejo » Tue Oct 24, 2017 5:28 pm

Okay then...
rockythechao wrote:Exactly. Don't go poking the sleeping dragon unless you're trying to get burned.
Given not all dragons breathe fire...the better term would be '...unless you're trying to get stomped/eaten.'

But in all due seriousness, if Nintendumb of Morerica wants to be stupid and piss off their fans, they'll do it. As with banning transgender people from using the restroom that coincides with their gender identity, a game company pissing off their fans would be only one thing. Bad business.

No one is profiting from SMBX, Nintendo is not losing money because SMBX exists, so a C&D would be ludicrous.
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And at night she whispers, Ride the Wind, never comin' back 'til I touch the midnight sun...


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What my POTATO PC can run with little to no issues:
SMBX 1.3, SMBX 2 Beta 3, RM2000/2003/XP/VX/VX Ace
What it struggles with:
NSMBX, SMBX 2 Beta 4, RMMV


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Re: SMBX2 (2.0 Beta 3)

Postby Electriking » Tue Oct 24, 2017 6:11 pm

Here is what is happening to this thread:
Image
Why have we suddenly started worrying about a C&D on SMBX 2.0?
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Re: SMBX2 (2.0 Beta 3)

Postby Noodle » Tue Oct 24, 2017 6:13 pm

Electriking wrote:Here is what is happening to this thread:
Image
Why have we suddenly started worrying about a C&D on SMBX 2.0?
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Danny wrote:Bruv, why can't you keep your fanfictions to one contained thread?
Danny wrote:Pardon me? This doesn't defend your case whatsoever.
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Re: SMBX2 (2.0 Beta 3)

Postby PixelPest » Tue Oct 24, 2017 6:20 pm

Amyrakunejo wrote:Okay then...
rockythechao wrote:Exactly. Don't go poking the sleeping dragon unless you're trying to get burned.
Given not all dragons breathe fire...the better term would be '...unless you're trying to get stomped/eaten.'
But not all dragon have feet.

And that is why the saying is actually, "Don't poke the sleeping bear"

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Re: SMBX2 (2.0 Beta 3)

Postby rixithechao » Tue Oct 24, 2017 9:03 pm

Bears, dragons, same difference really. You wouldn't really want to meet either one alone in the woods at night (unless you can pull an angel's sword out of its back.)
Some people just cannot avoid the ads on MediaFire, even with both common sense and popup blockers. It's always a good idea to provide an alternate download link with an ad-free file host such as Dropbox or Google Drive.

Also play Bug Fables, the devs have confirmed that they got their royalties from Dangen and the game is really freaking good.

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Re: SMBX2 (2.0 Beta 3)

Postby FanofSMBX » Tue Oct 24, 2017 10:38 pm

Well, it really boils down to that it seems as though it's illegal and rebellious to make a Nintendo fangame and I don't want that to be the backbone of this site. It doesn't matter that we are not likely to get taken down, just that it is immoral in the first place. I know that I am being somewhat hypocritical but I just don't want to think that this entire site has a disregard for copyright and that if you support company rules for how properties are used then you aren't welcome to join the community. For instance the levels, graphics, and episodes are no better or worse just because they infringe copyright, so that proves that this community does not need to disrespect ownership of property in order to be good, right?

I believe in Jesus Christ as my Lord and Savior. If you do, put this in your signature.
My graphics pack!
Supporting forums:

Spoiler: show
SMBX Galaxy forum by Pivot40Channel
http://smbxgalaxy.prophpbb.com/
Come to the SMBX+ forums by illias3000. There is a whole forum category dedicated to the boss rush series with official rushes, submit bosses, and fan boss rushes! It is still open but AirSeus Forums is now open:
http://nsmbx.prophpbb.com/
AirSeus Forums the new home of the Boss Rush series:
http://smbxairseusforums.prophpbb.com/
Spoiler: show
First to discover:
Spark
Eerie
Grinder
Rainbow Shell
Birdo
Boom Boom
Image
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Re: SMBX2 (2.0 Beta 3)

Postby PixelPest » Tue Oct 24, 2017 10:55 pm

FanofSMBX wrote:Well, it really boils down to that it seems as though it's illegal and rebellious to make a Nintendo fangame and I don't want that to be the backbone of this site. It doesn't matter that we are not likely to get taken down, just that it is immoral in the first place. I know that I am being somewhat hypocritical but I just don't want to think that this entire site has a disregard for copyright and that if you support company rules for how properties are used then you aren't welcome to join the community. For instance the levels, graphics, and episodes are no better or worse just because they infringe copyright, so that proves that this community does not need to disrespect ownership of property in order to be good, right?
I think you're downright neurotic. You're stuck on this one path and it's getting you nowhere. There's no problem. I think you're probably the only one who's ever characterized SMBX as "illegal" and "rebellious". It's not the backbone of this site. The backbone is the community and fanbase that exists here. There's no issue with morality here either. There's a difference between morality and doing the right thing. And in the end, is distributing a free Mario game engine the end of the world? I sure hope not. I have no idea where you're getting this "not welcome to the community" BS from but it's also ridiculous. People have tried contacting Nintendo before as a joke to get SMBX taken down. If Nintendo cared that much they would have done so. Since even the domain of this website has copyrighted material within it I'd be surprised if Nintendo doesn't know about it. You're probably the only one who is this crazy of this stuff and should honestly drop it

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Re: SMBX2 (2.0 Beta 3)

Postby rixithechao » Tue Oct 24, 2017 11:08 pm

fanof

I'm sorry to hear you couldn't get your own project officially sanctioned by nintendo, but like

we're not robbing the nintendo world store

we're not TPing miyamoto's house

we're making interactive fanfics

If you want to stop making Mario stuff then nobody's stopping you, but I don't know what you expect to get from lecturing and guilt-tripping a fangame-oriented community over their harmless hobby.
Some people just cannot avoid the ads on MediaFire, even with both common sense and popup blockers. It's always a good idea to provide an alternate download link with an ad-free file host such as Dropbox or Google Drive.

Also play Bug Fables, the devs have confirmed that they got their royalties from Dangen and the game is really freaking good.

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Re: SMBX2 (2.0 Beta 3)

Postby Teemster2 » Wed Oct 25, 2017 12:31 am

Electriking wrote:Maybe the fact that Howikawa Otane (the leader of 2.0) is Japanese could mean that it is more subject to Nintendo of Japan's policies than America's? I don't really know exactly how this works but Redigit lives in America and would therfore be subject to American laws and policies.
How is she the leader? It seems like Enjl and Hoeloe are running the show now and I don't see her post anymore let alone even be claiming anything in the rescourse sheet for 2.0. Exactly what is her involvement anymore if any?
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Re: SMBX2 (2.0 Beta 3)

Postby Matt_The_Slime » Wed Oct 25, 2017 12:35 am

Teemster2 wrote:
Electriking wrote:Maybe the fact that Howikawa Otane (the leader of 2.0) is Japanese could mean that it is more subject to Nintendo of Japan's policies than America's? I don't really know exactly how this works but Redigit lives in America and would therfore be subject to American laws and policies.
How is she the leader? It seems like Enjl and Hoeloe are running the show now and I don't see her post anymore let alone even be claiming anything in the rescourse sheet for 2.0. Exactly what is her involvement anymore if any?
Personal stuff is happening right now, that's why she isn't doing a whole lot
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Re: SMBX2 (2.0 Beta 3)

Postby underFlo » Wed Oct 25, 2017 2:55 am

wait oops i already tp'd miyamoto's house to show how rebellious i am
im a girl yo

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Re: SMBX2 (2.0 Beta 3)

Postby Super Luigi! » Wed Oct 25, 2017 11:37 am

Spoiler: show
Electriking wrote:Image
I think I'll play around with this engine on Halloween. Although I won't make anything spooky, I should have enough time to see it then. Samus, Bowser, and the two original characters definitely seem interesting.
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Re: SMBX2 (2.0 Beta 3)

Postby Hoeloe » Wed Oct 25, 2017 8:07 pm

Super Luigi! wrote:the two original characters
Are you referring to Uncle Broadsword and Ultimate Rinka here? I don't know if I'd class UR as "original" except as a technicality.

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Re: SMBX2 (2.0 Beta 3)

Postby FanofSMBX » Wed Oct 25, 2017 8:51 pm

What's wrong with wanting to honor Nintendo's wishes? I'm serious.

I believe in Jesus Christ as my Lord and Savior. If you do, put this in your signature.
My graphics pack!
Supporting forums:

Spoiler: show
SMBX Galaxy forum by Pivot40Channel
http://smbxgalaxy.prophpbb.com/
Come to the SMBX+ forums by illias3000. There is a whole forum category dedicated to the boss rush series with official rushes, submit bosses, and fan boss rushes! It is still open but AirSeus Forums is now open:
http://nsmbx.prophpbb.com/
AirSeus Forums the new home of the Boss Rush series:
http://smbxairseusforums.prophpbb.com/
Spoiler: show
First to discover:
Spark
Eerie
Grinder
Rainbow Shell
Birdo
Boom Boom
Image
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Re: SMBX2 (2.0 Beta 3)

Postby Hoeloe » Wed Oct 25, 2017 9:13 pm

FanofSMBX wrote:What's wrong with wanting to honor Nintendo's wishes? I'm serious.
They haven't given us any "wishes", if they did, we would.

The thing is, Nintendo are busy. They have a lot to deal with themselves without giving specific permission (or not) to every single fan project in existence - there are a lot of them.

We're using something called "fair use" here. The way fair use works, in simple terms, is that you can make a thing using someone else's IP provided it falls into one of a few categories. It's mainly designed to protect things like reviews and parodies, but it's a bit of a grey area when it comes to fan projects like this. The way this sort of thing is usually handled is that the project is provided for free and with no income stream (i.e. the fan project creators do not sell or otherwise profit from the work), and work under the assumption of fair use unless the IP holder challenges it. Usually, most companies will just ignore these projects, because they do no harm, and are a fun way for fans to express their love for a specific franchise. Cases like AM2R are a bit more difficult, because it's now clear that Nintendo was working on their own Metroid 2 remake, and AM2R was in direct competition with that.

As it says on the blog, we believe we're protected under fair use with this project, but if Nintendo suggests otherwise (which they have not done, directly or indirectly), we will defer to their judgement.

Fair use is built so that 1) large IP holders like Nintendo don't have to spend hours upon hours of staff time responding to fan requests and 2) protecting people who seek to comment on, review, parody, etc. IPs.

The thing is, the idea of going on some sort of pre-emptive crusade to force Nintendo to legitimise projects like this is just asking for trouble. The SMBX community is not huge. Nintendo would literally not care if we all vanished and never bought another Nintendo product, but let's face it, that won't happen either. The other thing to keep in mind is that certain laws, like US trademark laws, FORCE companies to take action if they become aware of an infringement, even if they'd rather just let it be (See Scrolls vs The Elder Scrolls for an example of just such a ridiculous case). Most of the time, people on all sides are fully aware of how stupid these cases are, and in most cases, everyone would just prefer to let it slide. However, US trademark law means that if someone infringes a trademark and you DON'T protect it, you lose that trademark. Now, I don't know about you, but I don't think Nintendo is going to risk losing the trademark to Super Mario Bros. just to let a fangame stay alive.

In short, your suggestion is fairly childish and it will either result in no response, or Nintendo nuking the project to cover their own backs (even if they'd rather let it slide). By explicitly asking them, you draw Nintendo's official attention to the project, and once that happens it can only end with a complete shutdown. Note that I said "official" attention. It's likely at least some Nintendo staff are aware of it already, and believe they have enough deniability to put it out of mind from a legal perspective. Once you bring it to Nintendo's attention on official channels, that deniability may vanish, and Nintendo may be forced to respond in a way they'd rather not have to do, in order to avoid potential future backlash from less harmless uses of their IP. It's not a good idea to get the legal machine whirring, because once things get into that legal footing, things get messy very quickly, and not for "Nintendo's wishes".

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Re: SMBX2 (2.0 Beta 3)

Postby Amyrakunejo » Wed Oct 25, 2017 10:01 pm

Correction: You only lose the trademark if a magistrate says so.
Also, donations do not count as profit; if one who likes what another does decides to 'chip-in' to help with whatever the money ends up being used for, that does not count as profit because there is not a guarantee that the donating party has the product/s being made by the donation recipient.
Actually, taking action can simply be going to court and asking for a deference, just so that the court can be made aware that neither side wishes to seek penal damages.
Yes, SMBX is a good example of fair use, but any videos posted to YouTube still run the risk of being taken down because of that faulty, outdated and thoroughly unnecessary DMCA nonsense. It is nonsense, no matter how it is spun.

Now, back to the topic at hand.

In SMB3, one could grab a Koopa Shell, kick it up, grab it, and find it to be upside down. I wonder how this could be implemented, even if it is just a graphical feature that just looks 'flashy'.
Amyrakunejo, Femme Fair Gamer, Bassist, Vocalist, In-Your-Face Screamer, Gynesexual
And at night she whispers, Ride the Wind, never comin' back 'til I touch the midnight sun...


"Is there really a choice for us, or are we always, sometimes monsters?"

What my POTATO PC can run with little to no issues:
SMBX 1.3, SMBX 2 Beta 3, RM2000/2003/XP/VX/VX Ace
What it struggles with:
NSMBX, SMBX 2 Beta 4, RMMV


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Re: SMBX2 (2.0 Beta 3)

Postby Dr Vivian » Thu Oct 26, 2017 6:14 am

I loved being able to flip over shells, even if it didn't mean anything...I remember that happening when using the Raccoon Tail. Those ceiling spinies (SMBX npc idea!?) could be hit and grabbed with the tail, but you couldn't get them right side up because you couldn't jump on them.
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Re: SMBX2 (2.0 Beta 3)

Postby Radiance » Thu Oct 26, 2017 8:03 am

Dr Vivian wrote:I loved being able to flip over shells, even if it didn't mean anything...I remember that happening when using the Raccoon Tail.
Afaik you can flip the kamikaze shell with Raccoon or Tanooki in SMBX so I think it would be easy to implement.


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