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Nintendo Threatens Suicidegirls Over IP Use

Zonk posted about 10 years ago | from the my-personal-preferences-should-not-threaten-you dept.

Censorship 845

An anonymous reader writes "Suicidegirls (a not safe for work adult community) posted a nasty letter they received from Nintendo demanding they remove a member's page on their site because the member listed Metroid and Zelda as their favorite video games." Update: 10/28 02:49 GMT by Z : BoingBoing has an update to the story (probably where the reader saw it in the first place), saying the law firm that represents Nintendo Seattle is looking into it.

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Well, clearly Nintendo is crazy (5, Funny)

Anonymous Coward | about 10 years ago | (#10647760)

And that made sort of mis... wait, girls? BOOBIES!!!! This may be the first Slashdot article I ever follow the links on.

Re:Well, clearly Nintendo is crazy (5, Funny)

ArbitraryConstant (763964) | about 10 years ago | (#10647913)

No chance of intelligent conversation in this thread. At all.

Re:Well, clearly Nintendo is crazy (2, Funny)

Anonymous Coward | about 10 years ago | (#10647952)

So basically you're talking about Fark...

Erm... understandable... (-1, Offtopic)

Gentlewhisper (759800) | about 10 years ago | (#10647763)

What if someone does a 1+1 and put the 2 together?

f43434 (-1, Offtopic)

Anonymous Coward | about 10 years ago | (#10647765)

fp

Japs (-1, Offtopic)

Anonymous Coward | about 10 years ago | (#10647776)

Nintendo should like suicide girls. Afterall, they're Japanese.

Oops (5, Funny)

cuteseal (794590) | about 10 years ago | (#10647778)

I wonder how many members they "lost" over the incident... :)

Re:Oops (5, Funny)

WhatsAProGingrass (726851) | about 10 years ago | (#10647865)

I wonder how many members they gained over this incident. ha ha.

Re:Oops (4, Funny)

KDan (90353) | about 10 years ago | (#10647922)

1. Slashdot top of front page article
2. pornographic site
3. ???
4. Slashdotted!

Daniel

Re:Oops (1)

euxneks (516538) | about 10 years ago | (#10647961)

Less than they've made! *click*

;P

WTF? (2)

Staos (700036) | about 10 years ago | (#10647779)

This is just fucking rediculous. That is so clearly fair use, yet they still get by. When will the bullshit end? When you TAKE A STAND!

Add Nintendo to the list of people to not buy anything from.

Re:WTF? (4, Insightful)

pboulang (16954) | about 10 years ago | (#10647831)

Meh, as far as I'm concerned, the email they received was unsolicited and therefore SPAM. Plus, that stupid ass disclaimer on the email just makes the sender look like a moron.

Fair use has nothing to do with it (4, Funny)

commodoresloat (172735) | about 10 years ago | (#10647935)

This is trademark law, not copyright law. Nintendo wants to protect their trademark, and they are probably upset seeing their wholesome epileptic seizure-inducing videogames slandered by association with hot goth chicks. Of course, this has got to be the stupidist thing I've ever heard of, and I wish suicidegirls could sue them for threatening a frivolous lawsuit. There is no way Nintendo would win this they are just trying to intimidate the site. You can see from the letter it's a form letter they spam to anyone mentioning their characters on a "sexually oriented" site.

Let's see if they'll send me a letter: Hey Nintendo! Zelda and Metorid love to get naked and oiled up and have sex with linux goth sluts all day long!! Black fishnets, fuck yeah!!!

Re:WTF? (4, Insightful)

MyDixieWrecked (548719) | about 10 years ago | (#10647955)

I think Nintendo's issue with this is that they have their IP mentioned on an adult website. Although, I'm pretty sure this is fair use... it's not like it says "Watch Zelda get Fsck'd by Metroid!"

I'm pretty sure that this text was picked up by a bot that the lawfirm probably convinced nintendo to run. the bot probably ran a list of URL's that contained certain keywords and checked to see if any were adult websites. Probably part of a naked-nintendo-character-website crackdown.

wait a minute... (5, Funny)

iocat (572367) | about 10 years ago | (#10647780)

Just how did anyone at Nintendo discover this? A little non-work-safe surfing?

Google NT (1)

bstadil (7110) | about 10 years ago | (#10647822)

Google daily news feature

Re:wait a minute... (5, Funny)

MisanthropicProgram (763655) | about 10 years ago | (#10647824)

What an excuse to tell your boss when you get caught surfing porn at work.

"But boss, I was looking for our company's name being mentioned on these sites!"

Re:wait a minute... (0)

Anonymous Coward | about 10 years ago | (#10647887)

If you work for Dildo Inc. that could be a problem.

Re:wait a minute... (0)

Anonymous Coward | about 10 years ago | (#10647962)

To gather more evidence I'll need a full subscription... for at least a year.

Re:wait a minute... (4, Funny)

superpulpsicle (533373) | about 10 years ago | (#10647866)

Nintendo is officially out of sync with reality and society in general.

Every nintendo game that is not a 3rd party title is already a cross between pure fantasy and hardcore Sci-Fi. No Zelda is not real!

Re:wait a minute... (2, Insightful)

DrAegoon (738446) | about 10 years ago | (#10647902)

Probably a bot. Some litigious bastard wrote a script that searched for Nintendo copywrites and "objectional content" then sent threatening emails to the admins of the hits.

At least I hope that's the case. If a sane human being actually read the site, saw the context, and still decided to send the threatening email it doesn't say much for the state of common sense in the world.

Re:wait a minute... (1, Interesting)

Anonymous Coward | about 10 years ago | (#10647938)

They hired a company like BayTSP to search for them, and BayTSP spiders through things looking for likely strings. Nintendo probably assumed that they were hosting NES roms.

If you haven't seen at least one anti-pirate bot in your web logs, then you aren't connected to the internet.

PS Offtopic: Anyone know the user agent string for the BayTSP bot? Or better yet which subnet it's on?

Re:wait a minute... (3, Informative)

das_cookie (619577) | about 10 years ago | (#10647942)

Just how did anyone at Nintendo discover this? A little non-work-safe surfing?

More likely they've got staff doing google keyword searches and found it that way.

okay (-1)

Anonymous Coward | about 10 years ago | (#10647783)

uhh.. nice..

Goth is so juvenile... (-1, Troll)

Anonymous Coward | about 10 years ago | (#10647787)

...I'm surprised Nintendo didn't seize on a co-marketing opportunity.

To Insane Levels (4, Insightful)

Norg (824853) | about 10 years ago | (#10647789)

Honestly, companies have become so overprotective of their intellectual property. We can blame a whole host of things, downoading, overzealous lawsuits against consumers that solve nothing, disregard for the work of others, discrepancies betwixt creators and distributors. It's becoming increasingly ridiculous. I have no doubt that this threat will be met head-on and demolished for the sham that it is. Having received such letters in the past, the bark is truly worse than the bite.

Re:To Insane Levels (5, Funny)

Jaysyn (203771) | about 10 years ago | (#10647841)

What I want to know is exactly how their argument is going to go.

Nintenlawyer: "Your honor, the defendants like our games enough to tell that fact to other people."

Da Judge: Um, ok. I hope you have a point somewhere around here.

Jaysyn

Re:To Insane Levels (1)

Norg (824853) | about 10 years ago | (#10647925)

This isn't the kind of threat meant to get to a court. I'm sure some over-eager clerk found the thing, got excited and saw an opportunity. I'll bet $5 with one of you that this doesn't even reach a settlement and Nintendo apologizes and/or drops the threats.

Re:To Insane Levels (1, Funny)

chris_mahan (256577) | about 10 years ago | (#10647967)

Or the ckick in question will just say:

I used to like Nintendo, but since they singed what little hair I had (hehe) with their nonsense, I like Sony PlayStation now... Wanna see my singed area?

Nintendo -> Nintendon't!

nintendo (-1)

Anonymous Coward | about 10 years ago | (#10647790)

nintendos been making a lot of really bs decisions recently...

btw i love both games

and first post

MrBig

So when... (-1, Flamebait)

jbardell (677791) | about 10 years ago | (#10647791)

does someone post a SG login/pw?

Is that legal? (4, Insightful)

ebooher (187230) | about 10 years ago | (#10647794)

It seems to me, that a trademark infringement like creating a new game with Link and Zelda or Samus Arun in it is very obviously a legal event waiting to happen. But simply stating "Hey, I love playing Zelda" ... That can't possibly be an event Nintendo would win in anything other than "We have enough money to out lawyer you into the poor house"

Right?

Re:Is that legal? (1)

cephyn (461066) | about 10 years ago | (#10647869)

Simple way around it -- countersue nintendo for legal expenses on the grounds that Big N filed a frivolous lawsuit against you.

Re:Is that legal? (1)

Short Circuit (52384) | about 10 years ago | (#10647883)

It seems to me that, for corporations, threats are always legal. Taking action, on the other hand, occasionally backfires [slashdot.org] .

Well now... (-1, Redundant)

Tirinal (667204) | about 10 years ago | (#10647796)

The question is, what was the senior Nintendo executive looking for when he "stumbled upon" a reference to Metroid and Zelda?

Re:Well now... (1)

Tackhead (54550) | about 10 years ago | (#10647916)

> The question is, what was the senior Nintendo executive looking for when he "stumbled upon" a reference to Metroid and Zelda?

...hoping for something with tentacles?

This could be a great thing for SG (5, Funny)

djblair (464047) | about 10 years ago | (#10647797)

Their membership is gonna increase 1000% once Slashdot geeks get a look at these girls!

(I'm a member and love the site!)
http://suicidegirls.com/members/djblair/

-DJ

Re:This could be a great thing for SG (2, Funny)

uberjoe (726765) | about 10 years ago | (#10647838)

/. advertises suicidegirls.

Re:This could be a great thing for SG (1)

Geekwad (309774) | about 10 years ago | (#10647928)

But .. They all look exactly the friggen same?

Oooh.. I assume the poses wrought forth from the darker side of life. My being parallels that of dark creatures. But check out my RACK!

Threatening is a good thing. (0)

Anonymous Coward | about 10 years ago | (#10647800)

At least be thankful they had the decency to threaten first. If it was Halo, they would have seen at least 12 Microsoft lawyers deliver the court order.

Although It Begs the Question: (0, Redundant)

Choco-man (256940) | about 10 years ago | (#10647801)

Which Nintendo employee is a Suicidegirls.com fan?

Not a good move, Nintendo (3, Interesting)

BenSpinSpace (683543) | about 10 years ago | (#10647802)

Microsoft learned this the hard way thanks to a certain Mike Rowe's Software company.

I am not quite sure what the Nintendo executives think they're doing, but a fraction of a fraction of a fraction of 1% of people would have been offended by a couple of this Suicide Girls' favorite games being "Zelda" and "Mario." And yet, they expect far, far more people to buy their new Nintendo portable system. I was just thinking today about how much I wanted this new system... but this unnecessary anal retentive actions has given me a sour taste in my mouth, if only for its blatant stupidity.

The real reason (0)

Anonymous Coward | about 10 years ago | (#10647804)

If you've seen Nintendo's ad campaign on WWE.com [wwe.com] then you'll know the real reason. SuiciDegirlS turned them down on advertising the new Nintendo DS.

[OT] WWE Site (0)

Anonymous Coward | about 10 years ago | (#10647904)

Anyone else find this headline [wwe.com] hilarious?

before the server starts smoking (0)

kd5ujz (640580) | about 10 years ago | (#10647809)

> From: Stop IP Infringement > Date: October 27, 2004 10:12:06 AM PDT > To: "'spooky@suicidegirls.com'" > Subject: Infringement of Nintendo Intellectual Property Rights > > > > > > October 26, 2004 > > > > > > > > > > VIA EMAIL ONLY > > Administrator: spooky@suicidegirls.com > > > > Re: http:/www/suicidegirls.com/members/RuneLateralus/3 80354/ > > Infringement of Nintendo Intellectual Property Rights > IDENTIFIED PROBLEM: Pornographic Web site uses Nintendo in link, > text, source code, Zelda and Metroid in text > > Greetings: > > We represent Nintendo of America Inc. ("Nintendo"), the owner of the > trademark(s) and/or copyrighted works listed above (the "Nintendo > trademark(s)/works"). It has come to our client's attention recently > that you are using the Nintendo trademark(s)/works in the hidden > text/visible text/meta tags and/or title and/or links of the > above-referenced sexually explicit Web site. This use is > unauthorized, and we are writing to demand that you immediately cease > and desist this infringement of Nintendo's intellectual property > rights. > > Nintendo has acquired substantial rights in the Nintendo > trademark(s)/works. Nintendo's customers--including many children and > their parents--have come to identify the Nintendo trademark(s)/works > with the high quality of Nintendo products. Your unauthorized use of > the Nintendo trademark(s)/works will tarnish Nintendo's reputation. > > This infringement of Nintendo's intellectual property rights can > subject you to sanctions under applicable federal and state laws. > Accordingly, you must immediately cease and desist from any and all > use of (1) the Nintendo trademark(s)/works, (2) any other Nintendo > trademark(s)/works, and (3) any mark which is confusingly similar to a > Nintendo trademark. This includes, but is not limited to, your > infringement of Nintendo's intellectual property as explained above. > > I look forward to your immediate confirmation that you have taken the > necessary steps to resolve this matter. To that end, you may contact > me at either 2063596742 or StopInfringement@perkinscoie.com. > > Sincerely, > > > Melissa Morgan Nelson > Perkins Coie LLP > 1201 Third Avenue, Suite 4800 > Seattle, WA 98101-3099 > http://www.perkinscoie.com > > :ceh > > cc: Nintendo of America Inc. > > ISP: peter.luttrell@3jane.com > > File: 51.13 > > NOTICE: This communication may contain privileged or other confidential > information. If you have received it in error, please advise the > sender by > reply email and immediately delete the message and any attachments > without > copying or disclosing the contents. Thank you.

Re:before the server starts smoking (2, Informative)

russint (793669) | about 10 years ago | (#10647873)

> From: Stop IP Infringement
> Date: October 27, 2004 10:12:06 AM PDT
> To: "'spooky@suicidegirls.com'"
> Subject: Infringement of Nintendo Intellectual Property Rights

> October 26, 2004
>
> VIA EMAIL ONLY
>
> Administrator: spooky@suicidegirls.com
>
> Re: http:/www/suicidegirls.com/members/RuneLateralus/3 80354/
>
> Infringement of Nintendo Intellectual Property Rights
> IDENTIFIED PROBLEM: Pornographic Web site uses Nintendo in link,
> text, source code, Zelda and Metroid in text
>
> Greetings:
>
> We represent Nintendo of America Inc. ("Nintendo"), the owner of the
> trademark(s) and/or copyrighted works listed above (the "Nintendo
> trademark(s)/works"). It has come to our client's attention recently
> that you are using the Nintendo trademark(s)/works in the hidden
> text/visible text/meta tags and/or title and/or links of the
> above-referenced sexually explicit Web site. This use is
> unauthorized, and we are writing to demand that you immediately cease
> and desist this infringement of Nintendo's intellectual property
> rights.
>
> Nintendo has acquired substantial rights in the Nintendo
> trademark(s)/works. Nintendo's customers--including many children and
> their parents--have come to identify the Nintendo trademark(s)/works
> with the high quality of Nintendo products. Your unauthorized use of
> the Nintendo trademark(s)/works will tarnish Nintendo's reputation.
>
> This infringement of Nintendo's intellectual property rights can
> subject you to sanctions under applicable federal and state laws.
> Accordingly, you must immediately cease and desist from any and all
> use of (1) the Nintendo trademark(s)/works, (2) any other Nintendo
> trademark(s)/works, and (3) any mark which is confusingly similar to a
> Nintendo trademark. This includes, but is not limited to, your
> infringement of Nintendo's intellectual property as explained above.
>
> I look forward to your immediate confirmation that you have taken the
> necessary steps to resolve this matter. To that end, you may contact
> me at either 2063596742 or StopInfringement@perkinscoie.com.
>
> Sincerely,
>
>
> Melissa Morgan Nelson
> Perkins Coie LLP
> 1201 Third Avenue, Suite 4800
> Seattle, WA 98101-3099
> http://www.perkinscoie.com
>
> :ceh
>
> cc: Nintendo of America Inc.
>
> ISP: peter.luttrell@3jane.com
>
> File: 51.13
>
> NOTICE: This communication may contain privileged or other confidential
> information. If you have received it in error, please advise the
> sender by
> reply email and immediately delete the message and any attachments
> without
> copying or disclosing the contents. Thank you.

Re:before the server starts smoking (1)

kd5ujz (640580) | about 10 years ago | (#10647970)

Danke.

Re:before the server starts smoking (1)

KaiserZoze_860 (714450) | about 10 years ago | (#10647888)

Thanks for the post.

So my read is that Nintendo is concerned that some kid will find this off of Google or something and mistake it for an official Ninetedo site? I highly doubt that.

IMHO there is no trademark infringement here. A member is stating a preference, not using the names to draw traffic or defraud anyone.

-KS

Re:before the server starts smoking (0)

Anonymous Coward | about 10 years ago | (#10647908)

It's a pr0n site, I think they're used to high traffic. 90% of Slashdot probably allready visits the site on a daily basis anyway.

Free Society (0)

Anonymous Coward | about 10 years ago | (#10647810)

I'm glad we live in a free society where shit like this doesn't happen. I mean, if any company had the sheer idiocy to pull a stunt like this, they'd be in danger of having their commercial license revoked by the government of the people.

Crazyness! (1)

chrispyman (710460) | about 10 years ago | (#10647811)

Is Nintendo insane or something? There's nothing wrong with saying you like or dislike something, whether it's a copyrighted/trademarked term or not.

Re:Crazyness! (2, Interesting)

lakin (702310) | about 10 years ago | (#10647950)

It sounds like nintendo are more concerned with their game being mentioned on a porn site, and when they aim their console at kids you can see their point. Although, i think a letter asking the blog owner or site admin to remove the reference with a good excuse, like kids stumbing onto it, would have been better received than a cease and desist order.

y'know, (2, Funny)

Pandora's Vox (231969) | about 10 years ago | (#10647813)

nintendo might have a case against their lawyers for royally wasting their time. like, there are bounds of reasonableness within trademark law and i'm pretty sure (though IANAL) that this is outside it.

OTOH if it was nintendo pushing for this, then their lawyers should be suing them for being enormous morons.

-Leigh

Way to shoot yourself in the foot (1, Insightful)

Anonymous Coward | about 10 years ago | (#10647815)

Any publicity Nintendo can get these days is good publicity.

Princess Peach! (-1, Troll)

Anonymous Coward | about 10 years ago | (#10647816)

These [freeffhentai.com] guys [freeffhentai.com] are [freeffhentai.com] in [freeffhentai.com] shit. [freeffhentai.com]

Ever hear of...? (0)

Anonymous Coward | about 10 years ago | (#10647819)

FREE SPEECH?

Good for the goose! (2, Insightful)

pla (258480) | about 10 years ago | (#10647826)

SG has had a bad rep for years over aggressively "protecting" their IP.

Should we all cry foul because a far, far bigger company has decided to pull the same sort of stunt SG has pulled dozens of times?

I think not.

Re:Good for the goose! (5, Insightful)

Anonymous Coward | about 10 years ago | (#10647878)

The difference being that people were taking SG images and content, claiming them as their own or using them in their own ways without crediting Suicidegirls and violating copyright and trademark laws.

This is just a few members saying "Hey, we like nintendo."

I enjoy a cool, crisp Coca-Cola. Think they're gonna sue me for saying so? Even on a porn site?

Re:Good for the goose! (0)

Anonymous Coward | about 10 years ago | (#10647890)

Very true, I think they are fucking hot, but those bitches go for the throat.

Re:Good for the goose! (3, Insightful)

zangdesign (462534) | about 10 years ago | (#10647903)

So, by your reasoning we only protect those who have done only right? What do we do those who have been sent to prison and released for serving their time - let them rot in there? Pretty harsh judgement.

Another question: was SG justified in protecting their own interests? If it was a copyright infringement situation, then they were within the bounds of the law - whether you like it or not.

Two wrongs do not make a right.

Re:Good for the goose! (1)

lilmouse (310335) | about 10 years ago | (#10647956)

There are several posts already here that run along the lines of "great site".

Nintendo's action is quivalent to SG sending all those posters (or /., I suppose) letters saying "Do not mention Suicide Girls."

Pretty stupid action. And very different from protecting IP like picture ppl might conceivably pay money for.

--LWM

Yea, this one'll go far. (1)

TyrranzzX (617713) | about 10 years ago | (#10647828)

We represent Nintendo of America Inc.( "Nintendo"), the owner of the trademark(s) and/or copyrighted works listed above (the "Nintendo trademark(s)/works"). It has come to our client's attention recently that you are using the Nintendo trademark(s)/works in the hidden text/visible text/meta tags and/or title and/or links of the above-referenced sexually explicit Web site. This use is unauthorized, and we are writing to demand that you immediately cease and desist this infringement of Nintendo's intellectual property rights."

Since when is expressing your views on a webpage or indexing yourself in a search engine a violation of intellectual property law?

Nintendo just made themselves look like a bunch of litigous assholes. I am, however, curious as to why they'd do such a stupid thing.

Re:Yea, this one'll go far. (1)

Trurl's Machine (651488) | about 10 years ago | (#10647957)

Nintendo just made themselves look like a bunch of litigous assholes. I am, however, curious as to why they'd do such a stupid thing.

Japan is actually a very conservative society when it comes to certain issues (hentai notwithstanding), and in Japan it's just not good for corporate image to be associated both with porn and with suicide. Especially when talking about corporation strongly dependent on the market of toys bought largely by parents for kids. They just want to remove these references before Sankei Sports tabloid runs a headline "Suicidal porn buffs enjoy Nintendo games".

I just want to say that Nintendo is my favorite (0)

Anonymous Coward | about 10 years ago | (#10647832)

...site for slashdotting. Er, wait, will I get a cease-and-desist order now?

Not the first time this happened (1)

thedogcow (694111) | about 10 years ago | (#10647834)

The lawsuit is absurd.
But this is not the first time this happened to "fringe" websites. Take a look at Rotten.coms legal battles of the same nature [rotten.com] .
This is not a troll either, the legal page is without the macabre images.

You insensitive clods! (1)

One Childish N00b (780549) | about 10 years ago | (#10647836)

Slashdotting a site just as...

wait, nevermind.

Hm. (0, Offtopic)

outZider (165286) | about 10 years ago | (#10647840)

Why is it that at least 75% of those girls are rather.. uninspiring? Yeah, I know, objectification of women and all of that. But, hey. It's a porn site. It's supposed to show the ideals. And.. they aren't. These are like my friends. heh.

Re:Hm. (0)

Anonymous Coward | about 10 years ago | (#10647846)

Bell curve. Most girls are average, we just see the hot ones more (via tv/magazines/etc) and we hide away the really ugly ones in basements.

Re:Hm. (0, Flamebait)

TechnologyX (743745) | about 10 years ago | (#10647896)

They're goth, they can't be inspiring. They're right around the biggest waste of breath on the planet.

Search (1)

brandonp (126) | about 10 years ago | (#10647848)

Wonder if they're worried about the posting being found by kids looking for Zelda/Metroid cheats and tips.

I'm sure GTA would welcome the endorsement, but I can see Nintendo being uncomfortable when their audience is for a younger more innocent crowd.

--
Brandon Petersen
Get Firefox! [spreadfirefox.com]

OMFG! (0)

Anonymous Coward | about 10 years ago | (#10647849)

Teh suicide grrls r t HAWT with teh pasty skin and b00bies!

n1ntend0 sux0rs!

Intellectual property in dog tricks (2, Interesting)

Trurl's Machine (651488) | about 10 years ago | (#10647854)

I'm currently reading guide to dumbest events in television history [atomicbooks.com] by David Hofstede and there's an excellent chapter on how NBC tried to sue David Letterman after his "defection" to CBS claiming that there is intellectual property owned by NBC in Letterman's "Stupid Pet Tricks". After a lot of ridicule and mockery, even from their very own Jay Leno, NBC finally backed off. I wish Nintendo could be at least that smart...

Free Advertising (2, Funny)

Smiley8410 (175995) | about 10 years ago | (#10647856)

This is the first time I've heard of a company complaining about free advertising.

BTW. My favorite video games are also ummm.. "Melda" and er... "Zetroid".

Pornographic website? (5, Interesting)

Nicholas Evans (731773) | about 10 years ago | (#10647859)

IDENTIFIED PROBLEM: Pornographic Web site uses Nintendo in link, text, source code, Zelda and Metroid in text

But it isn't a problem when playboy uses (nude) nintendo characters?

Slowing...slowwwiinnnggg... (1)

Fenis-Wolf (239374) | about 10 years ago | (#10647863)

Wow..looks like slashdot is preparing to crush suicidegirls out of existence.
Although...all the horny slashdot geeks signing up for the service might out weigh the cost of a server meltdown :-)

Bagsie Al (1)

caluml (551744) | about 10 years ago | (#10647880)

Bagsie Al [suicidegirls.com] . I saw her first. Maybe a little mad, but hey, why change the habit of a lifetime?

Really Nintendo? (3, Interesting)

FroBugg (24957) | about 10 years ago | (#10647884)

The email came from StopInfringement@PerkinsCoie.com.

Does that look like the email address a multinational corporation would use? Nintendo's sure to have their own in-house lawyers for stuff like this. It just looks to me like some random law firm is looking for suits to file and then hoping Nintendo will pay them for the favor. I'm sure I heard something about laws in certain European countries making this common practice.

Re:Really Nintendo? (0)

Anonymous Coward | about 10 years ago | (#10647963)

Good call.

There are a number of ways this could be not-what-it-seems.

Maybe Nintendo just bought SG and it's a marketing ploy.

That Mario chick is really hot, btw.

What if? (1)

OrangeTide (124937) | about 10 years ago | (#10647886)

What if one responds to Nintendo with a letter in big letters that just says "Up Yours" or something? I don't see how something like this could make it into court. I'd probably just file something like this in the trash.

Serves them right. (1)

unixbugs (654234) | about 10 years ago | (#10647891)

What about all those warez sites with links to video game roms etc...? Nintendo wont go after them, no way. No money in it.

This use is unauthorized, and we are writing to demand that you immediately cease and desist this infringement of Nintendo's intellectual property rights.

That sounds so silly. SO immature. Frivolous in every sense of the word. As far as that goes, suicidegirls.com should be able to sue Nintendo for electronic trespassing. What a waste of time and energy. There is so much wrong with this fucking planet and we live in country ruled by corporate lawyers with nothing else in mind but their own ass.

suicide girls (0)

Anonymous Coward | about 10 years ago | (#10647897)

after looking at those suicide girls, i want to commit suicide. interesting.

Nice excuse (5, Funny)

Zebedeu (739988) | about 10 years ago | (#10647898)

At Nintendo:
[Boss walks into a worker's cubicle...]
-Hi anderson, I was just.. whhaa?!? Are you browsing porn in the workplace?
-Uhh no, you see, [looks at screen, sweating all over] these pervert weirdoes are abusing our company's copyright!
-You're right! Launch every lawyer! For great justice!

"You've got to be fucking kidding..." (0, Flamebait)

coltrane679 (118528) | about 10 years ago | (#10647901)

I feel like that dude in "The Thing" who sees that disembodied head grow legs and scamper off like a spider.

The never-ending insanity that is American IP law continues to devour all in its sight. I know this is just a threat, not a court decision--but defending such threats cost real money, lots of it. Until these fucking archcriminals are made to fear the sanction of paying ALL fees and costs (plus other damages) to those they threaten willy-nilly, this shit is never going to stop.

So overly nostalgic... (1)

SynapseLapse (644398) | about 10 years ago | (#10647905)

stuff at Spencers for things that came out fifteen years ago=good. Naked goth girls who still live in the 80's=bad. Making new games where it's one long reference to what a Japanese programmer had to do with the limited hardware they had in the 80's = good. And naked goth girl's still celebrating it fifteen years later = bad. This probably all came about because little 8 year old Timmy was searching for "mario nintendo" and came across SGs. Parents blame Nintendo who have no control over the situation... etc...

IP versus Free Speech? (4, Insightful)

taernim (557097) | about 10 years ago | (#10647906)

Are we even talking about IP, here?

What gives Nintendo the right to censor the mere mention of something? They weren't discussing any secrets of IP or using the namesakes or images illegally... their member simply named two games as their favorite.

How is it even conceivable that they should be allowed to do this??

Does this firm actually represent Nintendo? (5, Insightful)

eht (8912) | about 10 years ago | (#10647911)

Doing a quick search does yield Nintendo as part of their client list, this may just be over zealousness on the part of the law firm or even just a lonely bored employee and not something Nintendo directed them to do. We have seen law firms in the past do this kind of stuff without the IP owner directing them to so do(or at least that's what they tell us).

Then again it could just be some jerk who spoofed an email to get everyone's dander up.

Please repost the letter. (4, Funny)

BrookHarty (9119) | about 10 years ago | (#10647914)

ACCESS RESTRICTED

WARNING NOTICE

You have attempted to access a site that has been deemed inappropriate for our business and blocked from ALL internal access. A record of this request has been logged and will be provided to Business Security upon request.

For further information on why this web site was blocked, please go to the SmartFilter website.

PLEASE REFRAIN FROM ANY FURTHER ATTEMPTS!

If you feel this message was generated in error or if there is a business justification for unblocking a specific URL , please contact the
AT&T Wireless Business Security Group.

Re:Please repost the letter. (0)

Anonymous Coward | about 10 years ago | (#10647930)

Um, it said it was NSFW. I would stop before you get get fired.

Re:Please repost the letter. (0)

Anonymous Coward | about 10 years ago | (#10647947)

Thats ok, I dont work for ATT Wireless anymore.

thanx for pr0n (0)

Anonymous Coward | about 10 years ago | (#10647919)

thnx man, i needed some pr0n for the begining of the day

I'm getting a PSP then! (0)

Anonymous Coward | about 10 years ago | (#10647920)

Screw Nintendo!

Um, "Zelda" is a fucking name!!!! (1)

Lord Kano (13027) | about 10 years ago | (#10647921)

"The Legend of Zelda...: is the basis of their IP.

It would be like them trying to bully people into not using the name "Jim" because you own the copyright to "Earthworm Jim".

They *might* have a leg to stand on when it comes to Metroid. But there is no fucking way they can force someone to stop using a normal first name on their site.

LK

It's all about the children. (3, Insightful)

ToadSprocket (628571) | about 10 years ago | (#10647929)

Nintendo's customers--including many children and their parents--have come to identify the Nintendo trademark(s)/works with the high quality of Nintendo products. Your unauthorized use of the Nintendo trademark(s)/works will tarnish Nintendo's reputation.

Tarnish it how? Because the children are trolling the SG message boards? Because Hey, when I think Metroid, I automatically associate her with a SG pin-up girl? (Well, I do have a thing for chicks with ink, but I digress)

Yet another example of why a seemingly huge majority of lawyers contribute absolutely nothing to society. I honestly don't see this diluting the Nintendo trademark at all. What, I can't even mention a word associated with a Nintendo product in certain environments? This is akin to Nintendo saying that "If you are in a strip club, you can't talk to your buddies about Mario Kart."

Nevermind why you would be talking about Mario in nudie bar.

Not what it seems..... (1)

Trailwalker (648636) | about 10 years ago | (#10647951)

Its actually a recruiting program for schools that offer CS degrees.

FANTASY: Myself and 5 Suicide Girls on a server room

Show Me the Violation. (1)

femto (459605) | about 10 years ago | (#10647954)

I didn't think a trademark holder had any power to stop someone from USING their trademark, only to stop someone from from MISREPRESENTING their trademark.

For example, I can say "Nintendo games are a load of crap". I can't say "This new game I have written is a Nintendo game."

As long as I don't cause a consumer to mistakenly think something is a Nintendo, which isn't, I'm safe.

There is no concept of 'fair use' in trademarks as anyone is allowed to use a trademark, as long as they don't misrepresent it. Fair us is a copyright thing.

At least that is my understanding.

What crime do they imagine being committed here? (1)

raytracer (51035) | about 10 years ago | (#10647959)

You can of course read more about trademark law here [expertlaw.com] , but the real question is precisely what laws that Nintendo feels the SuicideGirls are violating?

Infringing use of trademarks can only occur when the mark of the infringer creates a likelihood of confusion in the mind of the purchaser, as the result of the use of an identical or similar mark in connection with its goods and services. If the purveyors of the website sold Nintendo branded sex-toys, they would have a case, but I think the idea that the mere mention of Metroid in a page on your website creates any such confusion would be a serious stretch of all credibility.

motive is clear... (0)

Anonymous Coward | about 10 years ago | (#10647964)

Understanble (1)

The Grey Clone (770110) | about 10 years ago | (#10647969)

While I do agree that what Nintendo is doing is wrong, I can understant why their doing it. I know that when I was younger (elementary school), I stumbled upon some not so good for elementary school website while looking for "Final Fantasy". I think my father told me that if he caught me looking at that kind of crap again that it'd be my final fantasy.

In other news (0)

Anonymous Coward | about 10 years ago | (#10647973)

The Goatse-dude confirms he likes Playstation 2... Especially the game [Insert funny named game that has something to do with going into eternal darkness]

Note the bottom... (1)

RyoShin (610051) | about 10 years ago | (#10647974)

> NOTICE: This communication may contain privileged or other confidential
> information. If you have received it in error, please advise the
> sender by
> reply email and immediately delete the message and any attachments
> without
> copying or disclosing the contents. Thank you.

It's privileged or confidential. So they post it on a bulliten board. And now it's going to get /.ed. Spiffy.

Have they tried contacting NOA? Just because someone claims to be representing a company doesn't mean that they are. Has the webmaster seen if the representing company ("Perkins Coie LLP") exists? I'm too lazy/hungry/'distracted' to google right now. Doesn't Nintendo have their own massive law section? I would think they wouldn't need to outsource.

The e-mail lists one of the problems as a link to Nintendo. Looking at the given link for *ahem* research purposes, I don't see one. I remember a story from long ago (might not be /.) where some company (actually, Nintendo, I think) sued a porn site because the site was using copyrighted words in Meta-data or just on the page to try and attract younger viewers. Certaintly, you wouldn't want someone to search for something of yours and come up with porn. Actually looking at the page in question, it's rather tame (compared to the rest of the site.) Even so, Nintendo would not want to be affiliated with this.

In this case, at least to me, Nintendo is in the right- while the girl in question is doing something that would be otherwise harmless, i.e., listing favorite games, in this case it's lined right up with porn. I know I wouldn't want my stuff listed on a porn site (unless I'm certain I can gain from it) Nintendo doesn't like porn to be associated to it's stuff, and as such has the right to ask it to be removed. Technically, they own the copyright, meaning they could sue me or whatever for saying Zelda in this post. But this is /., not porn.

Of course... hmmm... porn.slashdot.com?
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