The Way Of Mario Games

The Way Of Mario Games
In victories against piracy, Nintendo Co Ltd (Nintendo) successfully protected its copyright. These cases illustrate that infringers can be tracked down and with serious consequences

James Burt, 24, of Sinnamon Park, Brisbane copied New Super Mario Bros one of Nintendo's new Wii games and uploaded it to the internet a week before its official Australian release on 12 November 2009.

Under the Copyright Act 1968 (Cwlth), Burt should have sought Nintendo's permission, as the copyright owner, before copying and distributing its games.

As a result of Mr Burt's conduct, thousands of people around the world downloaded illegal copies of the game causing substantial loss to Nintendo.

Once notified of the breach, Nintendo engaged a private investigator to apply sophisticated technology to determine the identity of the infringer, Burt.

On 23 November 2009, Nintendo obtained a Federal Court order to search Burt's residence. During the search, Nintendo seized property to use as evidence to substantiate its claims against Burt. The Court ordered Burt to allow access, including passwords, to his social networking sites, email accounts and websites.

Nintendo then sued Burt in the Federal Court of Australia. Under an out-of-court settlement in January 2010, Burt is required to pay Nintendo $1.5 million in damages to compensate Nintendo for the loss of sales revenue and a further $100,000 to pay Nintendo's legal costs.

Copyright infringement is taken seriously by the courts. This case illustrates the broad range of orders and remedies that can be obtained from the courts to successfully protect your copyright.

This case highlights the severe penalties that are imposed on individuals or companies that infringe copyright laws. Be cautious when dealing with copyright material. Even if your breach is unintentional, action can be brought against you. Companies such as Nintendo are becoming more pro-active and innovative in pursuing offenders. In a statement, Nintendo commented that it guards its intellectual property rights to protect the interests of its consumers, its own interests and the interests of game development companies.

Since this decision, Nintendo has won another Australian Federal Court case. This case was against online console and accessory seller IT Solutions Pty Ltd trading as GadgetGear involving the gadgets known as R4 cards, which pirate games for its handheld DS system.

GadgetGear and its directors have acknowledged that:

the game copying devices infringe both Nintendo's copyright and Nintendo's trademarks; and

they are illegal circumvention devices.

As a result of this case, GadgetGear and the directors have agreed to permanently refrain from importing, offering for sale and/or selling game copier devices.

GadgetGear and directors Patrick and James Li were ordered to pay Nintendo $620,000 in damages and hand over all their stock of copiers to Nintendo for destruction.
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There are two really huge indicators that the "holidays are coming"! First is the Coke advert that sports that slogan, the second is the number of new game releases on the horizon - holidays 2010 is no different.

Yes, this is the time of year that the game market goes ballistic and the bun fights happen at the game shops on Christmas Eve as we all fight (physically sometimes) to make sue our darling offspring (or our spouses in the case of the Wii) get the games they want in their Christmas stocking.

And why not? After all that food a bout of something like Wii Zumba Fitness or Wii Party is good for us! Amongst all the "noise" there is one Wii release that really stands out.

What is it? It's a Red Wii! Red Wii Consoles? Whatever next? To be fair, I think this is superb marketing by Nintendo. You see, it's a special occasion. It's Super Mario's 25th birthday! No, I couldn't believe it either.

Yes it's 25 years since Nintendo launched Mario and his friends on us way back in 1985. Incredible to think that's when a very pixelated Super Mario first bounded onto our computer screens. Nothing like we have today, in terms of graphics, it was all very pixelated "squared off" line drawings, it didn't get any better in 1985. But gaming, and Mario, have come a long way!

Anyway, to the story behind this Red Wii Hardware and Game bundle. As it's about Mario's 25th birthday, the "Mario Red" Wii and Controller package is Nintendo's way of celebrating this milestone. The package includes a "Mario Red" console, that comes with a "Mario Red" Controller and Red Nunchuk as well. It's the first time Nintendo have moved away from the standard white or black consoles, but...for Mario (which has probably been one of their biggest profit spinners), anything is possible including a Red Wii Console!

If you're a Super Mario Bros fan, this is a must I guess! And as it's a special edition it is a limited release, very

limited. Nintendo haven't said how many but I do suggest you get in quick if you want one. Official release date is 7th November (2010) in the U.S with a late October release in Europe. This special package is only due to run for the holiday season as I understand so expect withdrawl in early 2011.

So, as well as the wonderful Red Wii Console and Controllers, what else is included? Well, you also get three front line games pre-loaded.

First up is Donkey Kong as Mario battles to save Pauline after she is kidnapped by Donkey Kong. Wii Sports also comes pre loaded. So you can go bowling, play golf, tennis, baseball or box the wife (only one winner there then).

But the starring role is of course New Super Mario Bros, and because it's a special edition there is the ability for four player game play.

The New Super Mario Bros game itself is a mix of cooperation and competition. Only you can decide which is best for you at any given time or situation! You can help your fellow players by picking them up and removing them from danger, but...you can also dump them right in the firing line! It can get nasty!

The playable character are Mario and Luigi (of course) as well as two Toads although many others from the Mushroom Kingdom appear here and there during the game.

You're even able to ride the Yoshi characters and you can use them to gulp up your enemies....or other players.

The key skills to master in New Super Mario Bros is the motion abilities of the controller. This skill will stand you in good stead at key times in the game, for when you each the seesaw. By the way...make sure you're first there, that's all I'll say!

The propeller suit is great fun, just give your controller a quick shake and you're able to fire other players sky-high! You can also use Mario's new ability to morph into "Penguin Mario", but be careful with this the first few times you use this new skill.

If you're playing multiplayer, you'll all be ranked at the end of each section according to the number of coins collected and how many enemies you have defeated.

If you're a true Mario fan (as I am) this has to be the holiday gift for you. I've already put my order in!

Remember thought, this is a limited edition so if you have designs on this package, it might be wise to pre-order now.
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