As we posted on Twitter yesterday (April 22, 2019 – 4:03 PM) a DMCA takedown notice was sent for the Super Mario Bros. download link we provided on April 18, 2019 after the file was made public on the Lemon64 forums the same day. The DMCA notice we received via our contact page came 4 days after we posted the download.
In the past 24 hours there has been a huge response to the DMCA news all around the internet on various retro news websites and blogs stating we were the original source of the download which is not true. As we’ve already stated, we found it online like most people and decided to provide it to our blog followers. It’s crazy to see people getting upset saying that the DMCA takedown notice isn’t real. C’mon really?! Why make up something like that?!
The Commodore Computer Club is just a retro computing users group that’s been around since April 2010 for people who enjoy 30+ year old Commodore and Amiga computers.
We also don’t get any ad revenue for things we post about, so there is no need to inflate blog posts, Tweets, etc… we’re just a bunch of people who enjoy all things Commodore. If you don’t like our blog posts or Tweets, you don’t need to read them.
Here’s the deal… the Commodore Computer Club website was not the first to post the C64 port of Super Mario Bros file for download, second, we were not the first to get a take down notice and third, it’s not the clubs responsibility to point out other links that are no longer working or any new ones that show up. Hindsight is 20/20 and maybe we should not have posted to Twitter about the take down… who knows.
Many other sites who linked to the zip file download or provided a Dropbox or similar type of download link have also been shut down, but as we all know, more mirrors have popped up.
A handful of people have asked to see the DMCA take down notice the club received. Below is the email notice we received through the website contact page on April 22, 2019 at 3:24 PM cut and pasted into this blog post.
Some of the information has been blocked out to avoid any additional conflicts. This will probably upset some people too. You can’t please everyone.
Nintendo of America Inc.
c/o Legal Department, Intellectual Property Policy
4600 150th Ave NE
Redmond, WA 98052Telephone Number: (425) 8XX-XXXX
Fax Number: (425) 8XX-XXXX Attn: Legal Dept., Intellectual Property Policy
E-Mail: XXXXXXXXXX@noa.nintendo.comRe: Infringement of Nintendo‚ Copyright and Other Intellectual Property Rights
Infringement Date: 4/18/2019
Dear COMMODORECOMPUTERCLUB.COM Abuse Coordinator:
We are writing on behalf of Nintendo of America Inc. (Nintendo). You are receiving this letter as the agent designated by XXXXXXXXXXXXXXXXXXXX to receive infringement notices.
Nintendo is a global producer, publisher and distributor of interactive entertainment software for all market segments and all interactive game platforms. Nintendo is the exclusive owner of intellectual property rights, including copyrights and trademarks, in numerous interactive entertainment software products, including those listed below, and vigilantly protects its rights.
Based on available information, Nintendo has a good faith belief that the IP address XXX.XXX.XXX.XXX infringes its copyright and other intellectual property rights by copying, reproducing and/or offering for distribution, display and/or download (including through links to other sites) unauthorized copies of game products protected by Nintendo copyright rights. Nintendo’s copyrighted works that have been infringed include:
Super Mario Bros.
The infringing material or the material that is the subject of infringing activities (collectively referred to as “Infringing Material” appears on or is made available at the URL(s) listed at the end of this notice. The Infringing Material is listed and/or identified by game-related titles or variations thereof, game-related descriptions, or images of game-related artwork. The Infringing Material is in violation of Nintendo’s exclusive rights under the United States Copyright Act. It therefore constitutes 17 U.S. Code § 501.
The Infringing Material also violates the copyright and other intellectual property laws of other countries around the world where your website may be viewed and accessed.
Pursuant to the provisions of the Digital Millennium Copyright Act (DMCA), which is codified at 17 U.S. Code § 512, Nintendo requests that you expeditiously remove or disable access to the Infringing Material located on the following URL:
https://www.commodorecomputerclub.com/super-mario-bros-64-has-been-released/
We have a good faith belief that use of the copyrighted materials described herein is not authorized by Nintendo, its agent, or the law. The information in this notification is accurate. Under penalty of perjury, I affirm I am authorized to act on behalf of Nintendo whose exclusive copyright rights I believe to be infringed as described herein.
This notice is not intended to be a complete statement of the facts or law in this matter. Nor is it intended to be a complete statement of Nintendo’s positions, rights or remedies, legal or equitable, all of which are specifically reserved.
Regards,
XXXXXXXXXXXXXXXXXXXXXXXXX
General Counsel
It’s a two page email with a ton of legal “stuff” which after reading it and verifying the contact information was legit, we removed the download link about 30 minutes later.
Once again we were not the original source of the download file, we found it online like most people and decided to provide it to our blog followers, nothing more, nothing less.
Original article: Super Mario Bros. 64 DMCA Take Down Notice
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