HumblePie
Lifer
- Oct 30, 2000
- 14,665
- 440
- 126
The thing is, he was making a derivative work on copywrite material. It would have been fine if he was making it for his sole personal use only, in which case SE would never have found out about it. He can actually still make it FOR HIMSELF, but that is it. He can't release it without permission first and as noted SE isn't giving that out.
Why people are up in arms over this is beyond me. Even though SE may be sitting on THEIR idea and creation, the fact remains, it is still THEIRS to do with as they please. Just because all the fans out there are hoping someday SE will one day make a sequel (ie derivative work) from the original CT, that doesn't change the fact that no one else can do this unless SE says so.
Now, could there be ways "ahem" around this to make it fall into fair use? Sure. If the author decided he was going to teach a class on "how to make nintendo games" and used he knowledge of rewriting CT as course study, then he could do so and distribute copies for student use only. Of course, once studies are over, the copies would need to be nuked or they would be in violation, but there are still legal ways to get around the Cease and Desist Notice.
Why people are up in arms over this is beyond me. Even though SE may be sitting on THEIR idea and creation, the fact remains, it is still THEIRS to do with as they please. Just because all the fans out there are hoping someday SE will one day make a sequel (ie derivative work) from the original CT, that doesn't change the fact that no one else can do this unless SE says so.
Now, could there be ways "ahem" around this to make it fall into fair use? Sure. If the author decided he was going to teach a class on "how to make nintendo games" and used he knowledge of rewriting CT as course study, then he could do so and distribute copies for student use only. Of course, once studies are over, the copies would need to be nuked or they would be in violation, but there are still legal ways to get around the Cease and Desist Notice.