Posted by: seanmalstrom | September 15, 2016

Is Nintendo’s product Intellectual Property?

Nintendo of America has an opening for Nintendo Intellectual Property Enforcer. Oh boy!

I’ve owned dogs before, and one of the things is that they don’t just eat ‘dog food’, they eat ‘Lamb and Rice Formula’. Doesn’t that sound yummy? Of course not. They are dogs. That is what they eat.

Do you, the beautiful consumer, consume ‘Intellectual Property’? It sounds as delightful as my dog eating ‘lamb and rice formula’. And that is what we have in games today, formulas. We’re the dogs of today.

With the offering of products like the NES and Wii, did it ever seem like you were to devour ‘intellectual property’? Of course not.

What I find concerning is that Nintendo is getting drunk on the kool-aid narrative that their company revolves around intellectual property. Does it?

Emulators are legal as are the expiration of prior Nintendo copyrights concerning their old hardware. If it is true that Nintendo revolves around intellectual property, this should be a problem. Maybe Nintendo may even think so. But it isn’t.

Intellectual property is a legal term. It is not a consumer term. Gamers play games, not ‘intellectual property’. Generation or two ago, I made fun of companies saying they were offering new ‘franchises’. Franchise is a business term, not a consumer term. Consumers do not consume ‘franchises’.

When two people marry, there is a law license. But we do not think of marriage in such a legalese sense. We think of passion, love, family, and all that.

My point is that as the game developers age, they are allowing their bureaucratic-ese be a wet blanket to the passion that gaming needs to be. Gaming belongs to the young.

Aside from the base legal concerns, does the IP really matter? Children violate video game IP on the playground everyday. As they get older, they throw some of it in their youtube videos as good natured fun. Then the ‘Intellectual Property Enforcer’ comes along to shut them down. It is pretty absurd.

You know what Intellectual Property Enforcer SHOULD be? It should be someone who will stop games like Metroid Other M and Federation Force from being made. THAT is the enforcement we need. But the IP must always be forced on us and never on the developers who wish to ride the franchise.



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