Why Does Nintendo Not Hold a Contest in Which Fans Can Submit their Own Games?
The Blind Eternities forum
Posted on Feb. 16, 2020, 9:22 a.m. by DemonDragonJ
Recently, Nintendo has been forcibly shutting down fanmade games of their own franchises, and, while they do have the right to defend their own property, I feel that such actions are not generating good will with their fans; I know that I certainly would not support a company that engaged in such behavior.
Therefore, I am wondering if there is a way to compromise in this situation; for example, what if Nintendo held a contest on occasion, in which fans could submit their own games? The game that Nintendo judges to be the best will become an official Nintendo game, with the creators receiving a percentage of all profits as royalty payments. In such a situation, everyone wins and (ideally) everyone is satisfied.
What does everyone else say about this? What if Nintendo held a contest in which fans could submit their own games?
When it comes to taking down fan games, Nintendo does not really have a choice. Speaking as someone with a basic understanding of American intellectual property law (most countries have their own systems, so the below is really only accurate insofar as it deals with the US, though may or may not hold true in other places), here is why:
There are a number of ways that one can protect their intellectual property, each with their own uses, requirements, and limitations. The two that are relevant to this question are copyrights and trademarks.
Copyrights give you protection over a number of things, such as characters and the story. You have this protection for as long as the copyright lasts, regardless of whether you fight for it it not.
Trademarks are marks you use in the course of your business. For example, the Pokémon logo is a mark of that brand. Trademarks last as long as you use them, which could be centuries (the beer Stella Artois has a trademark dating back to the 1400s). You are required to fight to defend your trademark, otherwise you risk losing it.
In addition to their more prominent logos, Nintendo can claim they have a trademark on all their proprietary characters - after all, they’re used for marketing and such and instantly identify their brand (note: you don’t have to register a trademark to use its protections - I have not done a trademark search, but I would bet that Nintendo’s biggest characters also have registered trademarks - that’s irrelevant to this discussion).
Because Nintendo is required to protect its marks, it has to take legal action against those using its marks for a competing purpose, such as making their own games. This is the same reason Disney has to go after people using its princesses or other characters. Sure, it makes them look like a big corporate bully to a layperson, but their hands are tied By governmental regulations and they don’t really have a choice.
As for the actual question, Nintendo seems to be doing fine as their own, consistently delivering great content. They have extensive market research and knowledge of their fan base, and know what will sell better than individual players would.
Plus, open it up to the internet, and for every good suggestion, you’ll get 10 “Pokémon: Hitler was Right Version” and “Pokémon: Hirohito was Right Version”.
February 16, 2020 11:28 a.m.
DemonDragonJ says... #4
Caerwyn, yes that does make sense, but I am worried that, without new ideas and new input, a company will become stagnant.
Also, please tell me those ideas are only theoretical, and that no one actually made such games; why would someone even make such games, anyway? How are Hitler and Hirohito even remotely connected to Pokemon?
February 16, 2020 12:05 p.m.
They are fake, but based, unfortunately, in real events. There have been many organisations that open their naming of products up to the internet, and things like “Hitler was Right” are almost always in the top voted on suggestions.
As for stagnation, Nintendo still does a good job at reinventing the same, incredibly fun, formula. Sure, they sometimes have flops (Pokémon Sun/Moon was so incredibly bad I haven’t tried Sword/Shield yet), but they also continue to make great content like the new Fire Emblem. They also have the advantage of having some games that they don’t really need to innovate on, like Smash Bros and Mario Kart.
February 16, 2020 12:32 p.m.
Opening up to the Internet to name something can also result in a boat being called "Boaty McBoatface". Generally, the fans suffer from cognitive dissonance - they think they know what is right for their fandom, but that is seldom true and/or relevant to the bigger picture. So, as a creator, I would not trust the fans to make any actual items - it is a good idea to be receptive of feedback from fans, but not without severely filtering those ideas.
February 17, 2020 5:56 a.m.
DemonDragonJ says... #7
Boza, how could the fans not know what they want or what is best for them? Surely, they are the best judges of what is best for their fandom?
Caerwyn, if one company or one entity controls everything, the process of making new games is monolithic and not democratic, and could even become downright tyrannical, so I like the idea of fan-made games to prevent one entity from having supreme control and power over everything.
February 17, 2020 9:21 a.m.
Intellectual property rights are, by definition, monolithic. They are state-granted monopolies over certain inventions, images, ideas, etc. That's a good thing--it ensures entities like Nintendo have an incentive to spend lots of money on developing their IP and releasing new products--they know they are the only ones who can profit from their investment.
While singular entities might have monopolies over their specific IP, we also live in a world where indie developers can easily make non-infringing games, and enjoy some success through platforms like Steam. That increased competition from indie developers provides further incentive for larger companies to continue innovating, less they lose market share to competitors.
Yes, game development might be undemocratic, but that is also fine. As I said above, laypeople are kind of dumb. They don't know what is going to work on a larger scale or what will perform well on the market.
As for fans knowing what is best for themselves? They focus on stupid issues, or bicker among themselves over small potatoes, or are so incredibly toxic as to offend the sensibilities of the average person. Most damning, they often just want repeats of elements they liked in the past, rather than make innovative solutions.
February 17, 2020 1:22 p.m.
it isn't that they have the right to defend their property--its that they have the legal obligation to defend their property if they want to prevent it from becoming common property that they no longer own. when someone begins to use a mark that you consider to be your intellectual property, you must defend that mark or you have implied an open license for anyone to use that mark--not only fans that come along, but existing competitors too. its a tough situation for them, for sure, but they don't have any choice unless they want to release their IP.
Gidgetimer says... #2
Because the general public is shit at game design. Hell most game designers are barely adequate.
February 16, 2020 11:07 a.m.