Due to a copyright infringement complaint filed on behalf of Nintendo, the HD Unity remake of Super Mario 64 has been taken down until further notice.
The remake, listed as a free, fan-made download, simply repainted the Bomb-omb Battlefield stage of the game with higher-quality graphics and animations, using the Blender and Mario’s model from Super Smash Bros. Brawl. Despite the fact that the game’s creator did not monetize Super Mario 64 HD in any way whatsoever, Nintendo still sent the full wrath of its legal department upon him. For now, the download has been removed, and the site leading to the game has been replaced with a transcript of the discussion between creator Roystan Ross and domain name provider Cloudfare.
“The copyrighted work at issue is Nintendo’s Super Mario 64 video game (U.S. Copyright Reg. No. PA0000788138), including but not limited to the audiovisual work, computer program, music, and fictional character depictions,” wrote an attorney for Miller, Nash, Graham & Dunn LLP. The web site at http://mario64-erik.u85.net/Web.html displays, and allows users to play, an electronic game that makes unauthorized use of copyright-protected features of Nintendo’s Super Mario 64 video game. Nintendo requests that CloudFlare, Inc. immediately disable public access to http://mario64-erik.u85.net/Web.html”
As requested, Ross removed the game, saying he had been hosting the project for a friend, and that he “built the project from scratch as a tech demo.”
“All back-end properties hosting the original files have been updated and files removed. I trust that the issue is fully rectified,” Ross said in response to the complaints. “If you may be so kind, please follow up your previous contacts with my hosting providers, so they are aware that actions have been taken on the same thread. If you do require any further next step actions pertaining to the take down request, please feel free to reach out at any time, and I will be more than happy to provide assistance in any mean possible.”
Polygon has since asked Nintendo for more information regarding the sudden copyright infringement, but has not yet responded. Unfortunately, given the nature of the attorney’s request, it’s doubtful that they’ll release much more information than we already have.