For almost eight years, an incredibly NSFW game called Peach’s Untold Tales has been available to play. But it’s only this month that Nintendo’s lawyers moved on the game, issuing a DMCA notice against it on Github.
As TorrentFreak report, the notice says Peach’s Untold Tales infringes on the copyrights of everything from Super Mario Maker to Mario Kart to Mario Galaxy to Smash Bros.
I’m not going to link the game here, or even a video of it, but I looked it up for this post and the player basically splits their time between some rudimentary platforming, and a gallery section where...well, all kinds of Mario characters can fuck. I will never spiritually recover from watching a Goomba get jerked off.
What makes this notable, however, is that it’s both free and a parody, which should have made it safe under fair use laws. But those laws aren’t as simple as being, “Make fun of something and it’s OK,” and Nintendo have clearly found here that the amount of copyrighted content being used, and the context it’s being used in, means they had grounds to have it removed (at least from Github, it’ll be impossible to get rid of the game at some other places it’s being hosted).
It’s also odd that Nintendo have only now decided to act. While it’s possible that the company have only just found out about this, the game has been pretty successful in those circles for years, with gameplay videos on adult sites clocking up millions of views.