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Donkey Kong Arcade (ColecoVision)

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Ok. Crossing my fingers for the safe way to somehow materialize. Thank you for replying.
 
 


No problem. It is my best interest to keep everybody happy.

The safest route might involve changing the game name, removing any mentions of my name and opcode from the game and packaging. And coming up with a totally different packaging in fact. Now that would be a shame because it means I will have to throw away hundreds of boxes I printed years ago in premium silver style.


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3 minutes ago, opcode said:

The safest route might involve changing the game name, removing any mentions of my name and opcode from the game and packaging. And coming up with a totally different packaging in fact. Now that would be a shame because it means I will have to throw away hundreds of boxes I printed years ago in premium silver style.

 

Not necessarily...

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They could be given away to customers with another order....or used as packing material for a purchase ;)

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I think I had an idea. Brainstorming here with Grazi....

You are probably aware of DKII - Jumpman’s Return. Well, they sell kits, website and all. Nintendo doesn’t seem to have a problem with that. And I understand why, it is much easier to enforce trademarks than copyrights based on look and feel.

So...

How about DKDX? ;)

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2 minutes ago, opcode said:

I think I had an idea. Brainstorming here with Grazi....

You are probably aware of DKII - Jumpman’s Return. Well, they sell kits, website and all. Nintendo doesn’t seem to have a problem with that. And I understand why, it is much easier to enforce trademarks than copyrights based on look and feel.

So...

How about DKDX? ;)

Take my money, now. 

  

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12 minutes ago, opcode said:

I think I had an idea. Brainstorming here with Grazi....

You are probably aware of DKII - Jumpman’s Return. Well, they sell kits, website and all. Nintendo doesn’t seem to have a problem with that. And I understand why, it is much easier to enforce trademarks than copyrights based on look and feel.

So...

How about DKDX? ;)

I'm not sure I follow. You want to offer bare cartridge PCBs?

 

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I'm not sure I follow. You want to offer bare cartridge PCBs?
 


No, I want to offer the packaged game, with a different name. DKDX. Hush hush, no web exposition.


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1 minute ago, harlock76 said:

of course they can do you remember that guy who ported super Mario Bros to the Comodore 64 ?

Not quite the same thing, pretty sure it was advertised & hosted in some way- wasn't there a web page for it?  Anyway doesn't seem like its going to be an issue anymore.

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I'm not sure I follow. You want to offer bare cartridge PCBs?
 


What I meant was, it is easy to enforce trademark violations, like someone using the Donkey Kong name. Not so easy to enforce violations based on look and feel. That usually requires going to the court. So maybe not worth pursuing unless there is a lot of money involved. That would explain something as popular as DKII still being around.


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1 minute ago, opcode said:

 


What I meant was, it is easy to enforce trademark violations, like someone using the Donkey Kong name. Not so easy to enforce violations based on look and feel. That usually requires going to the court. So maybe not worth pursuing unless there is a lot of money involved. That would explain something as popular as DKII still being around.

Ah. I see.  :) 

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Yeah... but there's a difference between flying under the radar, and publicly announcing your intent to work around an already-received C&D.

 

Still, if it's not visibly recognizable, that's been done before. ;) But you can't just change the name - the graphics are copyright as well and the look of Mario is trademarked.

 

 

 

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Ok, no more comments on the topic. If anything happens, you will know via newsletter.


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Quote

Not quite the same thing, pretty sure it was advertised & hosted in some way- wasn't there a web page for it?  Anyway doesn't seem like its going to be an issue anymore.

yes it's exactly the same thing: Nintendo IP.

Edouardo should get the rights from Nintendo to release it.

Edited by harlock76

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Not quite the same thing, pretty sure it was advertised & hosted in some way- wasn't there a web page for it?  Anyway doesn't seem like its going to be an issue anymore.
yes it's exactly the same thing: Nintendo IP.
Edouardo should get the rights from Nintendo to release it.


Of course they don’t license, even if I could afford.


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4 hours ago, opcode said:

I think I had an idea. Brainstorming here with Grazi....

You are probably aware of DKII - Jumpman’s Return. Well, they sell kits, website and all. Nintendo doesn’t seem to have a problem with that. And I understand why, it is much easier to enforce trademarks than copyrights based on look and feel.

So...

How about DKDX? ;)

The DIIK Jumpman Returns kit does not infringe any copyrights.  It's an add-on to the original machine and requires and uses the original roms to work.  The copyright owner was informed of how it works and their input was requested.

Edited by mr_me
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5 minutes ago, mr_me said:

The DIIK Jumpman Returns kit does not infringe any copyrights.  It's an add-on to the original machine and requires and uses the original roms to work.  The copyright owner was informed of how it works and their input was requested.

 

http://allincolorforaquarter.blogspot.com/2012/12/ms-pac-man-and-super-missile-attack.html

 

It is just not worth the legal trouble compared to any financial benefit I would say. Sort of legal limbo that would require a lot of legal resources to justify pursuing. If Atari could do this decades ago, I am pretty sure Nintendo also could now if they wanted. In this case they just don't care.. The DIIK developer is still using Nintendo characters to create his enhanced version.

 

Now, we got DK for the ColecoVision back in 82, so I wonder if we can use the same backdoor as DIIK....

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15 minutes ago, opcode said:

The DIIK developer is still using Nintendo characters to create his enhanced version.

There are no nintendo characters in the kit being distributed.  In the new screens the programmer references those characters from original nintendo roms.

 

 

 

Edited by mr_me

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There are no nintendo characters in the kit being distributed.  In the new screens the programmer references those characters from original nintendo roms.
 
 
 



It doesn’t matter where the graphics are coming from, he is using Nintendo characters to create his game.
Otherwise we could have 3rd party expansion packs for virtually any game in existence, while I can give you dozens of examples where expansions were shut down.

I could pig back on existing Nintendo games to create new ones for example, as long as I am loading the 3D models from the original game. We know that isn’t the case. So again, in DIIK’s case, Nintendo just doesn’t care enough to pursue any legal action. The website is still online and uses Nintendo copyrighted material like illustrations. And it is still there.

f0ed79efd611d7a06c2f5f4d74a72527.jpg

This conversation isn’t going anywhere, so let’s just leave it here. Thanks for the feedback


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The website might have copied the characters but the kit being distributed does not.

 

When GCC created their super missile attack kit they were guilty of having copied code in their kit.  Their roms replaced rather than used the originals.  When they did their Crazy Otto kit they were carefull not to copy anything.

Edited by mr_me

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Buy a whack of original DK carts for the Colecovision. Modify the them with new guts or an add on board to the original PCB so it could still be looked at as modified original DK coleco cart. I think that could be an avenue worth looking into as well maybe?

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17 hours ago, mr_me said:

 

When GCC created their super missile attack kit they were guilty of having copied code in their kit.  Their roms replaced rather than used the originals.  When they did their Crazy Otto kit they were carefull not to copy anything.

My mistake, GCC did not have copied code in either of these kits nor did they have code that generated copyrighted graphics.  The lawsuit on super missile attack was eventually dropped.

Edited by mr_me

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On 11/2/2019 at 3:46 PM, opcode said:

 

 


It doesn’t matter where the graphics are coming from, he is using Nintendo characters to create his game.
Otherwise we could have 3rd party expansion packs for virtually any game in existence, while I can give you dozens of examples where expansions were shut down.

I could pig back on existing Nintendo games to create new ones for example, as long as I am loading the 3D models from the original game. We know that isn’t the case. So again, in DIIK’s case, Nintendo just doesn’t care enough to pursue any legal action. The website is still online and uses Nintendo copyrighted material like illustrations. And it is still there.

f0ed79efd611d7a06c2f5f4d74a72527.jpg

This conversation isn’t going anywhere, so let’s just leave it here. Thanks for the feedback


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I agree. Just drop Donkey Kong Arcade and pick a non-Nintendo arcade instead.

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