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Kentucky Fried Cruelty (aka SMB Peta version)


NeoForte
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wow...

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That's about what I thought.

I wish PETA would stop defiling all that's good in the world, and realize that as long as there are human beings in the world, animals will be dinner. I mean, what? Do they honestly think that cavemen ate VEGETABLES for dinner?? WTF kind of thinking is THAT?

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My personal politics don't necessarily align with PETA, since I love me a good piece of meat several times a day, but I'm the kind of guy that wouldn't mind if they had their way as long as the protests ended and Boca Burgers were still around. I don't go to fast food restaurants for more reasons than just the stuff you read in Fast Food Nation, so I hope I'm helping their correctly-aimed but way-too-strongly-sought cause.

That being said, isn't it in poor taste to be, ahem, "flaunting" Pamela Anderson like that?

Kremlin Fried Chicken is better though.

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PETA can fuck off and die somewhere horribly in a fire. They preach on and on about how we shouldn't kill animals for food because it's "unethical", but then they go around "rescuing" animals from the SPCA and other places that hold onto homeless pets, then euthanise them because they're "suffering". How is that ethical, you fucktards? And their stance on owning pets already earned them a spot on my enemies list. They believe that owning pets is slavery, and all pets should be released, even if by force, from their owners. That also included seeing eye dogs, by the way.

If they ever even looked at my cat for any reason, I'd beat the shit out of them on site. And there isn't a court in the country that would convict me, either.

Nintendo, please sue the fuck out of these guys. They obviously don't play your games (plumbers stepping on turtles, super-powered animal pit fighting, shooting alien critters in space...), so don't worry about losing any customers or money over this. Just do it, and bankrupt the fuckers. Please.

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As much as I agree with The Damned and also would like to see Nintendo crush PETA, I don't see it happening; at least not as easily as I'd like. There are tons of rom hacks out there along with rip-offs/clones of SMB on flash sites just as there are clones of Pac-Man...

Is there a way Nintendo could even sue or shut it down; and if so what grounds?

I don't really care about the "game" itself, but if there's any way to put some butt-hurting on PETA I'm all for it.

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Well, they do use actual images of Mario and Luigi, and the game is obviously based upon the Mario games, so unless they're going to pull some bullshit about it being satire, I don't think that PETA would have much of a chance.

If PETA didn't get permission from Nintendo to use the likenesses of their characters, then it's trademark infringement (or copyright... I can never remember which is which). And then by using their characters in a manner which Nintendo may not agree with, Nintendo could sue for losses or something. And if Nintendo cn prove that PETA was making any sort of income from this game... well, that would be really bad for PETA.

But, as I said before, if PETA claims that it was used as satire or something else covered by Fair Use, then it becomes a lot harder to fight.

Of course, any judge would see that this is not satire at all, and then find in favor of Nintendo.

Come on, Nintendo, you know they're using your stuff, and you know they're doing it to make money off of it. Sue them. Sue them now!

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I know, for the most part at least, petitions (on-line in particularly) don't really seem to work. Would one work in this case..? Not sending it to PETA but to Nintendo...?

Note* The info about Mario and Luigi's likeness used is actually news to me since I couldn't actually play this defamation of a game at work. With the goal of giving a sort of sucker punch at PETA from the Gaming Community, would it work?

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toad.jpg

marioandluigi.jpg

Yeah, I'd say those are Toad, Mario and Luigi. Without a doubt in any way whatsoever. This is a clear violation of Nintendo's rights to the characters they created. PETA is breaking the law. If they were making fun of Nintendo themselves, they could claim that it's satire,a nd thus protected under Fair Use. But they are using another company's property in their game.

Nintendo, you are completely within your rights to sue the fuck out of PETA now. Go for it.

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As much as I hate PETA...

1. They could very easily make a very good argument for fair use for two reasons... (a) the works used are done so in a parodic or satirical manner (B) the usage has no impact on the potential market for the original work. Frankly PETA would have a far better chance of making their case than OCR would.

2. Nintendo wouldn't "sue the fuck out of them" regardless - at most they would do a C&D.

3. It is unlikely Nintendo would really care about this enough to bring it to court, given the thousands upon thousands of Flash games and videos featuring their characters.

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Yeah, I'd say those are Toad, Mario and Luigi. Without a doubt in any way whatsoever. This is a clear violation of Nintendo's rights to the characters they created. PETA is breaking the law. If they were making fun of Nintendo themselves, they could claim that it's satire,a nd thus protected under Fair Use. But they are using another company's property in their game.

Nintendo, you are completely within your rights to sue the fuck out of PETA now. Go for it.

I'm writing an email to their legal department to see what they have to say... It's one thing for us to complain and state our concerns about it; it's another to try something... Where to send it to I am not sure.

According to the their website here's their legal department --> *edited to be sure first*

Note that it's for Nintendo of America. Also yeah I'm curious about their thoughts, mainly because I see it as a way that is promoting and issue that Nintendo itself I doubt would stand by with and also may as well put a C&D on the grounds of not wanting to be associated with the garbage that is PETA...

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As much as I hate PETA...

1. They could very easily make a very good argument for fair use for two reasons... (a) the works used are done so in a parodic or satirical manner (B) the usage has no impact on the potential market for the original work. Frankly PETA would have a far better chance of making their case than OCR would.

2. Nintendo wouldn't "sue the fuck out of them" regardless - at most they would do a C&D.

3. It is unlikely Nintendo would really care about this enough to bring it to court, given the thousands upon thousands of Flash games and videos featuring their characters.

1. I don't think they could use fair use. It's not being used to mock or satirize something. It's being used to associate their game with that of Nintendo's. Everything about the game says (hey, look how much like Nintendo this is!"

2. I'd take that, but a lawsuit would be great. Personal wishing? Yes. But I'd still like to see it happen.

3. The fact that PETA is using Nintendo's character as enticement to draw attention towards their game sounds like something a company would take offense with. It would be like if someone used OCR's work to draw people towards their site.

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It's being used in a parodical or satirical manner. You can't copyright gameplay ideas - the fact that it's strikingly similar is 100% irrelevant. The only things to worry about are Toad, Mario, and Luigi. In the game, they hurt their hands playing Wii and generally don't do anything of note. It would be much worse if the game creators actually used those characters as the main ones, but they're more like backdrops here.

Also, as as matter of fact, plenty of people - myself included - DO use OCR to draw people towards their sites. Nothing wrong with it, really. People who like my remixes are more inclined to buy my music; the vast majority of my sales are directly linked to this community.

Just saying... let's not get overzealous here.

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