Topic: Nintendo Nuking NSFW Artists... Again

Nintendo is back at it again using automated services (this time Tracer AI which they had used to take down the fangame site Relic Castle instead of MarkMonitor) to remove NSFW artwork of their characters from Twitter. This isn't the first time something of the nature happened, previously it happened in 2019-2021, 2016, 2014, and 1999 under various circumstances. It's probably not going to be the last either.

Currently Devil Voxy and SaltyXodium have been confirmed to receive notices, along with a few others, predominantly paysite artists (similar pattern as the 2019-2021 incident). It's unknown if hobbyists have been effected, though they were last time. I can at least say I haven't received a notice (not that I won't fight it if I do, as I've helped others do in the past) being a hobbyist.

I would also like to add this is not something new. Nintendo has been harassing us NSFW artists for a long time now. I expect many people to throw in the towel like last time but also many to just do the usual dance of new account creation (mostly hobbyists, paysite artists will all cave). Personally I'm not taking any of Nintendo's shit if they strike me, I started drawing Poképorn directly as a result of the last incident in part to spite them and I'm not going to stop regardless of what they threaten me with.

Hopefully they never think to take down the ~500k* explicit Nintendo posts here... For half of my life I've been somewhat of a gooner for pokemon porn, so I don't even know what I'd do.

*^{Extremely rough estimate, may be off}

crocogator said:
Hopefully they never think to take down the ~500k* explicit Nintendo posts here... For half of my life I've been somewhat of a gooner for pokemon porn, so I don't even know what I'd do.

*^{Extremely rough estimate, may be off}

But not all of it is explicit

colinthelucario said:
But not all of it is explicit

~509.5k out of the 831k posts under the nintendo tag is explicit.

colinthelucario said:
But not all of it is explicit

831k * 60% was my calculation. The 60% porn rate for Nintendo content was the extremely rough estimate. Sorry, I'm already derailing the thread before it even started...

crocogator said:
so I don't even know what I'd do.

Well....there's always digimon, pals and fakemon

Is it actually Nintendo doing this or is it yet another troll pretending to be them?

If this is true, I guess the whole 'artistic freedom' defense won't work?

colinthelucario said:
If this is true, I guess the whole 'artistic freedom' defense won't work?

Not a lawyer but to my knowledge Fair Use is something that has to be defended in court. DMCA is very guilty until proven innocent and few people are actually willing to enter a legal battle over it.

magnuseffect said:
Not a lawyer but to my knowledge Fair Use is something that has to be defended in court. DMCA is very guilty until proven innocent and few people are actually willing to enter a legal battle over it.

Yeah considering how ruthless Nintendo is

gremlinfella said:
Well....there's always digimon, pals and fakemon

True, if worst comes to worst (I don't think it'll ever happen though, removing 500k art might be a PR issue, or at least the fear that we could potentially make it one could hopefully make them reconsider)

colinthelucario said:
If this is true, I guess the whole 'artistic freedom' defense won't work?

Not a lawyer, but... nah, probably not. The exception would be if the art is making some sort of "commentary" about Nintendo or something.

magnuseffect said:
Not a lawyer but to my knowledge Fair Use is something that has to be defended in court. DMCA is very guilty until proven innocent and few people are actually willing to enter a legal battle over it.

Do not construe any of this for legal advice, but just saying, the last time Nintendo did this people fought and had no further contact over social media posts after getting them restored. They were all sent by an automated system, Nintendo didn't actually review anything before pulling the trigger. Paysites not so much, but otherwise nothing for non-commercial social media posts. Even in the case of paysites, the paysites just refused to let them appeal. Also Nintendo doesn't care if a use is fair or transformative, they'll try to bully you into submission anyways by having more money (not that this would make them right if you were to actually fight them all the way through). They're less ninjas and more a bunch of dumb brutes that show up, kill everything, and leave.

Before you say, "oh, but they were all fake!" I was the person who investigated and organized the pushback last time this happened. I know what I'm looking at. Really people ought to just appeal as it's being done in such masses that they aren't going to fight everyone, especially across jurisdictions (they ain't doing shit in Latin America, for example).

thirtyeight said:
Is it actually Nintendo doing this or is it yet another troll pretending to be them?

It is them but it isn't- it's a service they hired to do it for them in an automated manner.

Reminds me of the time they took down a lot of Nintendo stuff for SFM and GMod back in 2023-2024. I hope nobody's affected by it.

nintendo taking down stuff drives me nuts, just let me jerk off to bowser for the love of god

They can take it down. And I'll draw it again.

{This is not a legal document / legal threat. This is just a quote a friend of a friend's associate that my friend's associate heard of.}

absolutebanger said:
They can take it down. And I'll draw it again.

{This is not a legal document / legal threat. This is just a quote a friend of a friend's associate that my friend's associate heard of.}

Correct, it's accurate documentation of what I'm going to do. :B

The pattern to be noticed so far is the targeted artists use a generic social platform for posting their NSFW arts.

Sites intending to be NSFW furry (friendly) exist for a reason, like this.

magnuseffect said:
Not a lawyer but to my knowledge Fair Use is something that has to be defended in court. DMCA is very guilty until proven innocent and few people are actually willing to enter a legal battle over it.

nintendo doesnt know the meaning of the word "fair use". there a bunch of greedy arsehole and wont blink at slapping anyone with their big dick for copyright infringement.

magnuseffect said:
Not a lawyer but to my knowledge Fair Use is something that has to be defended in court. DMCA is very guilty until proven innocent and few people are actually willing to enter a legal battle over it.

It's not guilty until proven innocent, it's "are you really going to spend hundreds of thousands of dollars in legal fees in order to protect your work & receive fucking nothing to cover your legal fees, or just take down your porn & move on with your life". Nintendo has the burden of proof (although tbf fair use is an affirmative defense); the actual problem is that it's basically never worth it under any perspective than a moral or egotistical one. They'd almost certainly lose in court, but this is nuanced enough that it'd be almost impossible to receive summary judgement for an early resolution; it'd have to go to trial, & is it really worth the money & having this fucking thing hanging over your head for 3 years? Most people decide that no, it's not worth it.

There are exceptions; big ups to Bleem for beating console manufacturers in court over their emulators.

...but when you remember that legal battle was a financial drain that put them out of business, you can see why it's rarely fought out.

Big ups to Afroman though; again, it does happen.