[mdm_]

>Nintendo has finally sued too many smart people, and shut down too many fan projects.

I've always wondered, with Nintendo's history of being rather litigious and forcing fans to take down gameplay videos, etc, how have they not sued Roblox out of existence yet? Practically every game I see my kids play on Roblox makes heavy use of unlicensed Nintendo IP: models/images of Mario, Yoshi, Pikachu, well known music and sound effects from various Nintendo games, and so on. Robolox is not some obscure app, AFAIK it has over 150 million users and rakes in money from these games that are making extensive use of Nintendo's IP. IANAL but this seems like a slam dunk, what gives?

[bdowling]

> IANAL but this seems like a slam dunk, what gives?

Roblox is protected by the DMCA from liability for copyright infringement based on user submitted content. All that Nintendo can do is file DMCA claims and then wait. Nintendo could not sue unless Roblox fails to take down the material.

Suing the users who submitted the material would be a waste of time in most cases, because most users don't have any money to pay damages.

[BigJono]

Because lawyers don't pick fights to lose them. Arguing to what extent a platform has to moderate content, in a foreign court, against a warchest in the billions, is a much different ballgame to just binning a beloved fan game community once in a while to send a message.

[slightwinder]

Can they even sue roblox? They are only the platform, the content after all comes from the creators. And the question is whether this amounts as fair use. Fanart and stuff is not getting sued either for reasons.

But then again, people can make money with Roblox, so i'm curious whether Nintendo does sue people who make Money with their content on Roblox.

[runevault]

Isn't all that stuff fan made?