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Nintendo continues their recent crusade against fangames this morning by ensuring that development for AM2R comes to a halt immediately. Project creator Milton “DoctorM64” Guasti posted to the game’s official website and Twitter that he received a DMCA to his personal email address that legally disallows him from distributing any version of the game going forward, including stopping updates for the title.

The response to the notice has been an outpouring of fan support for the developer and much anger for Nintendo, despite the fact that they are within their rights to take down the project for using their IP without permission. Since the game’s initial release last month, AM2R has been the subject of many Let’s Play videos, and figures from throughout the industry have posted about enjoying the game and the legal troubles it faces. There is even a group of speedrunners who are already tearing the game apart for the next AGDQ. 

This news comes on the same weekend as the release of sales information about Nintendo’s latest official Metroid release, Metroid Prime: Federation Force. With less than 5,000 copies sold in its opening week in Japan, the game has seemingly bombed, and one can only speculate as to the future of the Metroid franchise.

Quick Take

Despite Nintendo legally being in the right here, I just can’t get behind their recent actions to shut these games down completely. Sonic Mania‘s announcement and the surge of retro games on Steam and Kickstarter gave me hope for a brighter future for fan creations. However, this latest insistence on removing all traces of these games from the web puts a damper on the entire community and spells doom for similar operations like Pokemon Uranium.

No matter your field, everyone starts by emulating their inspirations, eventually gaining a voice of their own. Who knows how many Super Meat Boys and Freedom Planets we might have missed if Nintendo and Sega had been this stringent a decade ago? If nothing else, DoctorM64 certainly reignited a tortured fanbase with this release, and time will tell if Nintendo can take advantage of that in an official capacity.

Alex Santa Maria

Reviews Editor

TechRaptor's Reviews Editor. Resident fan of pinball, Needlers, Rougelikes, and anything with neon lighting. Owns an office chair once used by Billy Mays.

  • Heavily Augmented

    Nintendo can burn in hell at this point. They’ve already proven how much the care about their fans and IP with removing this fan remake that had loads of time and effort put into it while they’re busy making a cash grab game with a franchise name slapped on to it nonsensically.

  • jaygerbomb

    Okay, that did – I’m officially done with Nintendo for now. Their hardcore fans like this are all they’ve got at this point, and they’re becoming increasingly hostile toward us.

  • What we can take from this is that Nintendo hates a community, and simply wants to use us like wallets. What Nintendo doesn’t realise is that fans go hand in hand with customers – and everything that Nintendo is doing is pushing away previously loyal and paying fans.

  • jaygerbomb

    It’s like they’re sitting around saying “Hey, how can we make sure the NX sells even less than the Wii U, when we’ve got a loyal customer base that will buy everything we make no matter what.”

  • Minuteworld92


  • Travis

    Look at all the angry people here. As though Nintendo sent goons after this guy to break his thumbs. Dude was already tempting fate by continuing to release stuff after the first DMCA.

    Nintendo didn’t sue him. Nobody is getting punished here. They just said, “Hey, I already told you once. Stop it.”

  • Minuteworld92

    Can we send feedback to noj and tell them how badly noa is making them look?

  • Minuteworld92


    You Nintendo fanboys need to get a fucking clue, seriously…

  • While a bit… Overly-dramatic of a reply, this is true. Nintendo views its consumers as wallets, not a community.

    They forget that consumers and fans go hand in hand, and Nintendo (even though it’s within their right to do so as it’s their IP’s) DMCA’ing any fan work is one of the roads to go down to piss off your fans and lose a consumer-base.

  • Sarusig Musicman

    What I don’t understand is why fans don’t ask Nintendo BEFORE starting these projects. Instead of pretending they don’t know and that big corporate evil is so mean.

  • Minuteworld92

    I am being overly dramatic. I am mad. I’m mad that a company I grew up with and made games I loved are kicking sand in our faces.

  • garf02

    >their recent actions to shut these games down completely
    Niuntendo been doing this since forever. and yet for some reason people still does it.

    My take is that they are doing an ALL or NOTHING approach. you cant really tell what is good intended fan game and what is easy money rip off (see mario clones) so rather than cherry pick. having to discuss, deal with being called over favoritism. they will rather just run a 100% 0 tolerance games with their IP

  • garf02

    Nintendo always been 0 tolerance to spin off games. why do people act as if it were something new??

  • garf02

    cause they know they wont get a green light, so try to run with it as much as they can.

    I think fault on this also goes into web site promoting it. if the projects were underground and just spread by word. Nintendo wont get a hold of em that fast

  • Minuteworld92

    So all because they’ve always been doing it makes it okay and not subject to criticism? Love this logic.

  • garf02

    bend over for it, cause they have always been doing it, and they are on all their bloody right to do so.
    every company under the sun protects their IP to their own judgement. and Nintendo is ultra nazi when it comes to games spin off

  • Karo

    Nobody cares how many inches of Nintendo’s cock you can take.

  • And you have every right to be mad. I’m not being sarcastic, because this seriously pisses me off as well.

    Just keep in mind that revenge destroying any Nintendo possessions you have will only hurt you. Nintendo already got their money. Keep the games and merchandise that you’ve collected, but make it a point to refuse to buy into Nintendo’s anti-fan and anti-consumer bullcrap anymore.

    If you have to, you can protest Nintendo events as you see fit. Otherwise you can vote with your wallet and Nintendo will see what happens when their stocks start falling as their games fail to sell.

  • I’m just repeating the same message I’ve been saying for months.

  • garf02

    you know what would be a cool social experiment??

    someone make clones of games/ IP of several publishers/ studios and see how many get DMCA

    Shovel Knight, Uncharted, Dark Souls.

    not always trying to copy 2D Nintendo games and Pokemon

  • Clearly one of the reasons why fangames are made is because the developers love an existing IP and the established characters (which have seriously good character design, as we’re talking about Nintendo here). If that weren’t the case, none of this would be happening.

  • garf02

    as I mention before there are people that do it for love. while there are other the will do it for $$$$$. as picking which is which would be a total mayhem, the easiest path is 0 tolerance.

    also, IMO if people really were 100% on the fan side why not make the game anonymously as possible, DMCA cant be sent to a ghost. so said fans also look for some degree of recognition when they make said games

  • jaygerbomb

    It’s not new, but combine that with their hostility toward YouTubers (who are basically advertising their products for them) and their complete disinterest in fan feedback, it adds up to a company that ultimately doesn’t give rat’s ass about their fanbase at this point.

  • jaygerbomb

    Well, we know Capcom will take it and use it since they’re too lazy to make a new Mega Man game at this point…

  • Not disagreeing with IP, copyright and all that jazz. I’m just much more impressed by Microsoft’s strategy than Nintendo’s lack of it (other than their zero tolerance policy).

  • garf02

    what is M strategy?

  • garf02

    I play devils advocate but their cut on the Let Plays is also fair., you dont see LETS WATCH! people doing the same with movies. right??
    Nintendo dont even denied em to make the videos, but if they wanted to monetize gameplay. nintendo asked a cut

  • I’m done defending Nintendo. Despite always being legally in the right, the sheer contempt the display for their fans by constantly shitting up their IPs while ruthlessly crushing any attempts by fans to celebrate their work makes them the absolute worst shower of bastards.

    I really don’t know what Nintendo’s game plan is, long-term, because they seem dead set on alienating absolutely every demographic they can find.

  • If Red VS. Blue is anything to go by, they’ve not only let the series happen (And allow the creators to profit from it), but also used it as promotion for their other titles.

    Today, it’s a little hard to even mention Halo without bringing up RvB.

  • As Raiden once said “Being legal doesn’t make it right”

  • Scootinfroodie

    I’d love it if Capcom fans expanded to more than just 2D Mega Man for fan games. A low poly Legends or Power Stone or a Breath of Fire (even without the insane spritework) would be fantastic, and maybe some small developer can make a stripped down not-Lost-Planet

    I need to get back to learning C

  • jaygerbomb


    Let’s just agree to disagree – I believe Nintendo is turning increasingly anti-consumer/anti-fan, and you don’t. And that’s okay.

  • Scootinfroodie

    A movie is about watching, a game is about playing. If someone can get the full experience out of watching, it isn’t a game. It would be like reading a wikipedia plot summary and saying that you read the full book

    Incorrect again,
    Nintendo didn’t just asked a cut, they asked for channel exclusivity and full registration, which has resulted in a number of people backing away from Nintendo’s games

    If you’re going to come to a company’s defense, at least have your facts straight

  • DrearierSpider

    How can any company be this fucking ignorant in how to please their fans.

  • DrearierSpider

    If you haven’t figured it out by now, Nintendo as a gaming company is dead. Sure, their brand will continue to make boatloads of money in movies, toys/amiibos, mobile games, etc. But for longtime fans, say your good byes and move on. The company hasn’t given a shit about you for for nearly a decade…your best bet is to extend that middle finger and show them the feeling’s mutual.

  • MusouTensei

    Fuck off Nincenso.

  • Rogar the Greater

    Just in time for the new Metroid Prime to sell like shit, too. It almost seems like they’re just taking out their anger on the fans.

    Yeah, definitely no more sales from me.

  • Bitterbear
  • jaygerbomb

    I will fully admit to having watched playthroughs of walking simulators (Dear Esther, Gone Home) on youtube, or just watching my wife play them and having zero desire to play them myself.

    I watch pewdiepie play something, mostly for his reactions and commentary, but if it’s a game I think looks cool I buy it, because it’s just not the same experience unless you play for yourself.

    And Let’s Plays have made me buy games – I was largely on the fence about the new DOOM until I watched someone playing the first 15 minutes or so (not polygon lol).

  • Dave

    Here’s the thing everybody is missing: Nintendo could LOVE AM2R. Doesn’t matter. If it can be proven in court that you did not protect your copyright then future attempts to protect it are far more likely to fail.

    Trade marks MUST be protected. If you don’t protect your trademark you lose it. That’s not the case with a copyright, BUT if Nintendo let AM2R get away with infringing, then they would be far less likely to be successful in the future against someone else who performs a more egregious infringement.

    In short, whether you like it or not, as a company you can REALLY screw yourself if you allow others to make actual works with your IP.

  • Dr.Weird

    you say devil’s advocate, but you don’t really know what you’re talking about, and you just come off as a dumb ass fanboy who will defend Nintendo no matter how shitty they are.

  • BurntToShreds

    Like I said before, Nintendo needs to look at how they can channel passion and the desires of fans into their future projects to ensure that fan works such as these don’t continue to upstage their own titles in the future. Listening to fans of Paper Mario would be a good start; best get out in front on that before a Paper Mario fangame infinitely better than Sticker Star and Color Splash appears on the scene.

  • Minuteworld92

    Your full of shit Dave.

  • Michele

    Regardless what Nintendo did is moral or not, clever or not (they could hire him or bought the game), couldn’t he just change the graphics and the name of the game and release it? I believe they cannot do nothing about it then. Make it moddable and you have your metroid game again.

  • Dave

    No I’m not. This is how copyright law works: Unlike trademarks you cannot LOSE your copyright, but if you do not often protect your copyright then the damages awarded when you DO defend against use you disagree with will likely be far less.

    “the level of enforcement or protection you’ve provided a work can be a factor in how much damages are awarded. For example, if a photo you took has been circulating widely for years with no action and you sue one user of the work, that would mitigate the market value of the work, the damage the infringement could have done and how the court feels about the infringement itself. All of these things can affect the final judgment.”

    You also lose the ability to control how your undefended work is copied. If someone starts making versions of AM2R that Nintendo disagrees with, it will be much more difficult for them to be stopped as these are from the derivative work.

    “if you do not actively defend your copyright, there may be broader unauthorized uses than you would like. It is a good idea to pursue enforcement actions as soon as you discover misuse of your copyright protected material.”

    This isn’t about siding with one group or the other. It’s recognizing that IP creators put themselves at a good deal of risk if they aren’t seen consistently defending their copyrights.

  • Minuteworld92

    Those fan games in the early 2000’s sure did Impact Nintendo negatively. Mmhm.

    Also tell that to Japan.

  • Travis

    “He’s an artist!”
    “They weren’t doing anything with the property anyway!”
    “It wasn’t hurting anybody.”

    You say this as though it is even a tiny bit relevant. It isn’t. Not even a little bit.

    His intentions don’t matter. His love of the franchise doesn’t matter. What Nintendo is or isn’t doing with the franchise doesn’t matter.


    THEY. OWN. IT.

    And part of owning it means they, and only they, get to decide what is done with it. Period.

  • Travis

    Know who you’re talking to. I’ve BEEN on the receiving end of Nintendo’s DMCA bullshit. I’ve fought them and WON.

    Don’t you talk to me about Nintendo. WTF have you done to stand against them other than typing in all caps in a comment thread.

    Grow the fuck up. Nintendo was never your friend. They aren’t your buddy. You’re nothing more than a walking wallet to them and that’s ALL YOU’VE EVER BEEN. They don’t care about you, they never did, and you deluding yourself into thinking they were anything but a business is nobody’s fault but your own.

  • Minuteworld92

    Oh so you KNOW that they don’t give a fuck about their fans yet you still defend this? Alright.

    Sorry, I thought you was this major Nintendo fanboy from nichegamer

  • Travis

    There isn’t even a moral debate. It’s Nintendo’s property. Period.

    You can’t just go into somebody’s back yard and plant a garden. It doesn’t matter if you really love gardening. It doesn’t matter if they weren’t using the back yard. It doesn’t matter if you’re intention is to give away the produce you grow to starving orphan puppies.

    None of that matters because IT’S NOT YOUR BACK YARD.

  • Travis

    There is a strong argument to be made against Let’s Plays… but Nintendo is pretty much the last developer out there that should be the ones making it.

    BioWare, Square-Enix, Naughty Dog, sure. Tell Tale, absolutely. The products they make blur the line between game and movie. So much of their development budget goes into script, voice acting, and motion capture that you can easily argue those aspects are part of the value proposition of the game and should be protected.

    Nintendo? WTF are they worried about?

  • Travis

    No, because there’s a better than even chance that these policies are being pressed by NoJ themselves, not NoA.

    Just like when Shueisha and Toei take shots at Team Four Star every few months when Funimation gives them nothing but a wink and a nod.

    Just like when Sega of Japan decided to mass DMCA everything Shining Force on YouTube, leaving Sega of America holding the bag in front of hordes of angry fans.

    Nintendo is run by old stubborn Japanese men who don’t understand the Internet, much less American gaming culture. I promise you, Reggie keeps a bottle of Jack Daniels in his desk for when Nintendo decides to poke the American audience.

  • Bitterbear

    You can, but it’s gonna be in the form of letters, not email. And they have to be respectful and well-written. No curse words, no dudespeak, and it has to be handwritten. The Japanese love effort.

    Of course, the Treehouse cancer has probably metastasised there and chances are that there’s at least half-a-dozen Dina Karam-like persons there as gatekeepers keeping sure the suits stay oblivious to the situation. But once they find out that all those angrily polite letters pointing out the reason their market has shrunk to insignificance is not because of changing trends but to NoA’s incompetence? Well.. Those letters are going to help the incinerators warm the offices during winter.

  • Velen (Not WoW)

    Show your proof before claiming you’ve been on the receiving end of anything, dumbass. Anybody can claim that, and anybody can claim they won, to boot.

    So, where is it, or are you just going to respond with the equivalent of “the fuck did you say bitch” rant meme?

  • garf02

    you totally proved me wrong there bro, like Jesus I have seen the mistakes in my doings. WOW :^ D *winky face*

  • Travis

    Like and subscribe, bitch.

  • The man had balls for coming this far. Never forget his dedication and sacrifice.

  • Scootinfroodie

    From my perspective, that’s still consistent with my statement about games and non-games. I see no use in trying to define a superficially-interactive piece of software as a game, and attempts to include them thus far broaden the definition of game to the point where VLC Media Player is a game

    I think the only instances in which I watch a game being played and don’t go out and buy it are instances where it’s too expensive to do so (I’m not buying a full console and a 100+ dollar used copy, and I don’t think the devs/publishers care whether or not I do anyway) or where I wasn’t actually interested in playing the game itself (wasnt going to buy a Ps3, wasn’t interested in “muh narrative” TPS, watched The Last Of US. Similarly, not hugely interested in Silent Hill 2 as a game, but I watched through it because the commentary was great and the game itself seems really cool. I might buy a copy of it just to have around though, but again, Konami wont end up seeing any of that cash)

  • I can’t help wonder how you feel about doujin works, or pastiche works.

  • Travis

    Same thing happens to doujinshi artists. That’s why they keep a low profile.

  • A fan-made Ghouls & Ghosts (& Goblins) game would be nice.