Everyone knows not to play around with Nintendo’s intellectual property because they will come for you. The Japanese video game maker and publisher has taken down many projects infringing on its IP this year. The latest was a tool for Rhythm Heaven made by Heaven Studio.
While Heaven Studio’s tool lasted, it allowed fans to make remixes based on Nintendo’s Rhythm Heaven series. The tool allowed players to upload their music tracks and choose from a menu of Rhythm Heaven mini-games and merge them. The players then control the action which will now be based on their preferred track.
Nintendo issued a DMCA on the tool because it makes use of sprites and sound effects from the Rhythm Heaven series. Consequently, Nintendo contacted GitHub and asked that the sprites and SFX files from Heaven Studio be removed. In response, GitHub pulled down all of Heaven Studio’s repositories including 290 iterations made by other users.
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Heaven Studio’s page on itch.io was also impacted. When you visit the page now, you will be greeted by the message “This tool’s files have been suspended for copyright (or trademark) claim”.
Copy of Takedown notice for ‘Heaven Studio’
A copy of the DMCA notice used by Nintendo to scramble the tool created by Heaven Studio was shared by itch.io. the notice asked Itch.io to remove or disable public access to the page because it distributes “unauthorized derivative works”.
“We represent Nintendo of America Inc. (“Nintendo”) in intellectual property matters. It has been brought to our attention that the content available at https://rheavenstudio.itch.io/heaven-studio infringes copyrights owned by Nintendo” read the notice filed by Nintendo. “This notice is provided pursuant to the Digital Millennium Copyright Act, 17 USC § 512, and Itch.io’s Terms of Service.”
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“Nintendo requests that Itch.io immediately remove or disable public access to https://rheavenstudio.itch.io/heaven-studio. This web page provides access to and distributes an unauthorized derivative works that incorporate elements of Nintendo’s copyright-protected Rhythm Heaven video games, including the audio-visual work, software, music, and imagery covered by U.S. Copyright Reg. Nos. PA0001791194 (Rhythm Heaven) and PA0001791783 supp. by PA0001397418 (Rhythm Heaven Fever).
“I have a good faith belief that the reported content is not authorized by the copyright owner, its agent, or the law. The information in this notice is accurate and, under penalty of perjury, I am authorized to act on Nintendo of America Inc.’s behalf.
“We would appreciate your expeditious removal of the reported content. Please contact me immediately with any questions.
“This letter is not intended to and shall not waive or prejudice any rights and remedies that Nintendo may have at law, in equity or otherwise. Any and all such rights and remedies are hereby expressly reserved.”
Earlier in February, Nintendo dragged Tropic Haze, the developer of Yuzu emulator, to court emphasizing that the emulator facilitated piracy on a large scale. In the ruling, Tropic Haze was asked to terminate their project and pay $2 million to Nintendo.
Unlike Tropic Haze, it seems Heaven Studio is not giving up so soon. According to a tweet that was shared on X from the tool creators (who claim to have gotten several other false notices claiming to be from Nintendo), the takedown of their tool will not be the end.
“Recently, the HS GitHub (and all forks) have been taken down due to a DMCA claim,” read the tweet. “Unfortunately, looking over it, it appears that this one is real. This isn’t the end, though! We’re working on a plan B to shift focus away from infringing assets. More details on this soon.”
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Well, creators should have learned by now how important it is to seek permission from Nintendo before tinkering with any of their intellectual property to avoid losing years of hard work.
Do you think Nintendo is taking the protection of its intellectual property too far? Share your thoughts in the comment box below.
