Peach's Untold Tale
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Peach's Untold Tale
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The words Nintendo and pornography can only ever be seen together when the former is trying to distance itself from the latter. That's the case today after Nintendo's lawyers filed a DMCA takedown notice against a game called Peach's Untold Tale. It depicts the princess and many other Nintendo characters having fun in many ways that are completely unacceptable to the gaming giant.
Over the past several years it has become increasingly apparent that Nintendo isn’t prepared to tolerate instances where its copyright or trademark rights may have been breached by third parties.
Many of Nintendo’s responses are fairly straightforward, targeting platforms that offer Nintendo games without permission or those that provide tools , software and workarounds that undermine protection mechanisms designed to prevent copying.
Some, however, don’t fall neatly into any of these categories.
Early 2012, South America-based developer Ivan Aedler posted to the Legend of Krystal forums revealing a new project titled Peach’s Untold Tales (PUT). It’s billed as a freeware adult parody game that documents the ‘adventures’ of the Shigeru Miyamoto character Princess Peach, who was first seen in Super Mario Bros. way back in 1985.
The title can be best explained as being ‘hentai’ in style which, according to a dictionary definition, is a subgenre of the Japanese genres of manga and anime characterized by overtly sexualized characters and sexually explicit images and plots. Without stepping into XXX territory, it’s perhaps best to quote from an interview Aedler gave in 2019 in which he revealed the premise.
“It’s a game where players take on the role of Princess Peach. Bowser is invading, the citizens of Mushroom Kingdom are under Kamek’s spell to be super aroused, and Mario is missing. What’s a princess to do? Stomp some enemies, or start putting out, to save her kingdom,” he told Doujins .
Finding a relevant screenshot to display without needing some element of censorship to accommodate younger readers proved pretty fruitless, so those interested in viewing some of PUT’s gameplay can do so on Xvideos.com, where just one video of the game in action has more than two million views (NSFW).
Needless to say, the acts witnessed are not something one would normally associate with Nintendo products or characters. It will come as no surprise then after either waiting eight years or perhaps just discovering the game for the first time, Nintendo has ordered its legal team into action.
PUT made Microsoft-owned Github its development home but in a DMCA notice served on the platform late last week, the gaming giant explained that PUT infringes the copyrights of its Super Mario video game franchise.
Listing a range of copyright registrations covering Peach, Toad, Mario is Missing, Super Mario Maker, Super Mario Bors., Super Mario Kart and Super Smash Bros. Brawl, to name just a few, the company demanded the takedown of the entire project including its Github.io webpage and Github.com download pages.
Anyone familiar with the adult industry will be only too aware that porn parodies are widespread and are carefully crafted so as to take full advantage of the relevant exception in copyright law. In this case, however, Nintendo doesn’t feel that exception is available.
In its takedown notice filed with Github, Nintendo said it had considered all fair use exceptions but after a review, ultimately found that it “does not believe [PUT] qualifies as a fair use of Nintendo’s copyright-protected work.”
According to intellectual property attorney Maxine Lynn, who in 2018 published a piece on XBIZ covering the legality of porn parodies, the evaluation of whether use is fair is made on a case-by-case basis, balancing the rights of authors and the free speech rights of the public.
A close example to the case in hand appears to lie in the 1978 case of Walt Disney Productions v. Air Pirates. After the latter produced a comic book featuring 17 Disney characters including Mickey Mouse involved in sex and drugs, Disney sued and the court found that the use was not fair .
“The U.S. Ninth Circuit Court found that the amount of the portion copied exceeded permissible levels, noting that, ‘[w]hen persons are parodying a copyrighted work, the constraints of the existing precedent do not permit them to take as much of a component part as they need to make the ‘best parody.’ Instead, their desire to make the ‘best parody’ is balanced against the rights of the copyright owner in his original expressions,” Lynn wrote, citing the decision.
The important position that remains unchanged today is that such fair use cases can be both complex and expensive to defend. With that in mind, it seems unlikely that developer Ivan Aedler will contest the DMCA takedown filed by Nintendo, since that puts the company in the position of having to file a lawsuit against him to prevent Peach’s Untold Tale from being reinstated on Github.
At the time of writing, Aedler had not responded to TorrentFreak’s request for comment.
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By Marc Deschamps
- September 22, 2020 06:35 pm EDT
Nintendo has issued a DMCA notice for Peach's Untold Tales , a fan-made game in which the princess of the Mushroom Kingdom engages in sexual misadventures with other Mario family characters. Surprisingly enough, the game has been available on Github for almost eight years now, but somehow, the title apparently caught Nintendo 's attention. The company is notoriously protective of its characters, so it's not too surprising to see the game finally removed from the website. The DMCA notice claims that the game infringes on Nintendo's copyrights for various characters, as well as specific games, from Super Mario World , to Mario is Missing .
Fan-made games have always been a source of controversy within the gaming community. On one hand, a lot of developers have learned the ins and outs of game development through fan projects. Freedom Planet notably began life as a Sonic the Hedgehog fan project, but was eventually turned into an all-new IP. There's also the case of Christian Whitehead, who began his career in game development by creating Sonic fan projects. These projects caught the attention of Sega, and Whitehead began officially working on Sonic ports; this eventually led to the creation of Sonic Mania, which Whitehead directed. Clearly, some good has come from fans making games featuring popular characters!
That said, fan projects always run the risk of getting shut down by the IP holders, and this is something that has always been true of those based on Nintendo properties. Coupled with the fact that Peach's Untold Tales features Mario characters acting in a way that clearly wouldn't sit well with Nintendo, it's not surprising to see the company exercising its rights. Some might argue that the game falls under parody law (particularly since the game was released for free), but it seems that Peach's Untold Tales might have used too many official assets for it to be protected.
As the internet gives aspiring developers a greater ability to learn the process, it seems increasingly likely that more will get their start through fan-made games. While some of these could lead to a successful career in the industry, it's probably not the best idea to make unofficial games that feature popular characters engaging in explicit acts!
Have you played any fan-made games? Do you agree with Nintendo's justification for taking down Peach's Untold Tales ? Let us know in the comments or share your thoughts directly on Twitter at @Marcdachamp to talk about all things gaming!
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Nsfw!!! Adult 18+ Mim Put
Mar 19, 2013
Hey guys, I'm helping out in development (sorta) with a game that I'd like to share with you guys. Its called Mario is Missing: Peach's Untold Tale. Some of you may have heard of it, some of you probably not. But I'd like to spread the word and have people take a look at the hard work and dedication this man Ivan has put into this game.
The game is on legendofkrystal.com which most of you guys already know about. It's a great game. It's a parody of Mario in which you control Princess Peach and pretty much fuck the enemies. Of course it has a story sorta built in but nothing too fancy at the moment as the game is designed by just one guy (others help out occasionally). We already have 74 friends/enemies designed and there are still more on the way. The game is definitely playable for about a good hour or so (as of now). The developer has worked very hard and shows no signs of giving up. All I want is for more people to see the game and enjoy it so his hard work does not go to waste! We are hoping to be able to make a website soon, for he has many other games that are planned. IT IS FREEWARE which means it is completely free, so enjoy it without worry. There is no download necessary so no worries about viruses. To make a note of my main purpose I AM ONLY HERE TO GET FEEDBACK I only want you guys to experience something new and enjoyable at no cost as well as get feedback from the animators and artists and what not.
Also if anyone would like to help out (design enemies, props, etc or come up with new ideas, or anything at all) please feel free to make an account and do so. Any help is beneficial to us and it makes us happy to be able to please everyone.
Donations are highly appreciated as it, (quoting the developer)
"Donating:
1- Makes me prioritize this game more than any other task for a reason, making me more present in the forum (legendofkrystal.com/forum).
2- Will support the development of the game, as I'll be able to use more hours in the day, the night and even in some dawns to code it, yielding more features.
3- Will make the game have more quality and less bugs.
4- You will have priority in regard to possible features, bug reports and requests you discuss about.
5- It's a way to show me you appreciate the game."
You can visit his blog to donate: www.aedlerprogramming.blogspot.com/2013/03/parody-projects.h tml
Thank you and please enjoy our game!
P.S.
If you have any questions regarding the game or anything else, feel free to ask here or on LoK. I will happily answer to the best of my abilities. If you'd like to contact Ivan, you can pm him on Lok, pm me on here, or just tell me and I'll rely it back to him and get back to you.
Thank you once again! And tell me what you think about the game!!! Be sure to check often for updates! Feedback helps us alot!
Response to
Nsfw!!! Adult 18+ Mim Put
Mar 19, 2013
Feedback you say? Hmmmm very rare hentai games ask for feedback. I like your entheusiasm kid, i'll give you a scale from 1-10 based on how much I stroked my weiner, 1 being not at all.
But if you wanted constructive feedback I feel you should have posted this in the art forum...
Response to
Nsfw!!! Adult 18+ Mim Put
Mar 19, 2013
I asked on the how-to's on where I should post it but I got no answer so I decided to post into the general. Since it is a game and not yet finished, the art section seemed a bit iffy. But yes thank you very much. I feel that this game has been worked on very hard and deserve some support as to what it can do to improve and what is good already, as the dev wants to please all players while still going down his route
Response to
Nsfw!!! Adult 18+ Mim Put
Mar 19, 2013
I cant provide immediate feedback, I need privacy, so sorry if you've been expecting me.
I should have some criticism by the end of the day.
Response to
Nsfw!!! Adult 18+ Mim Put
Mar 19, 2013
Hey no problem. Take your time and enjoy the game :D
Response to
Nsfw!!! Adult 18+ Mim Put
Mar 19, 2013
Hahah no. Only this one. I helped make a few enemies, background graphics, some script and ideas.
Response to
Nsfw!!! Adult 18+ Mim Put
Mar 19, 2013
The Blood Of Lost Souls Stains My Blade
Response to
Nsfw!!! Adult 18+ Mim Put
Mar 19, 2013
Hey thanks man!
And also dont be afraid to ask me questions or anything. I'll be sure to answer them ASAP!
Response to
Nsfw!!! Adult 18+ Mim Put
Mar 19, 2013
it's just a hentai game...nothing else, lol
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Apply into one of our dozen supported clans today! ( TAW Clan )
Response to
Nsfw!!! Adult 18+ Mim Put
Mar 20, 2013
Oh. Goombas and turtles....aw.
The goombas look kinda creepy.
And your suppose to say IN progress not ON progress.
Frame rate dips to hell whenever I jump and because Peach is a fucking giant I hit something I didn't see and fall into an abyss. Or have to start all over. I know you're trying to stay true to the source material by including platforming but this game clearly wasn't built for platforming.
And keep in mind what you are making is a HENTAI game, difficult platforming is completely out the window.
If you have to make me precision jump just to get to the next scene you're just cock blocking at that point.
The average human male can keep his boner alive for like 30 seconds before it starts going flacid. Any interest I had died when I had to platform up a slope all over again.
Sound effects are annoying as all hell, R.I.P. headphone user, seriously. You have 3 sounds going on at once for one sex scene.
3/10
Meaning I flicked my wiener and got a tickle but nothing else.
Response to
Nsfw!!! Adult 18+ Mim Put
Mar 20, 2013
Gotcha, thanks for your opinion ^_^ So far your the first to say anything about the jumping for awhile as we have revised that option many times. But I will make notice of it again. Secondly, if it starts to lag a bit, I recommend you play on Google Chrome and on medium to low quality if you have to come to it. And lastly, the gallery has a built in "cheat" button in which case if it was impossible to actually get anywhere, you can just go to that. I also must mention the actual cheat button itself. It will allow you to advance to another level but no points or bonuses will be gain. Again I must apologize for how it looks at the moment. We may plan to split it up into different flashes and even convert it later on to AS3. There are much more in the game that I guess you havent been able to see due to the inability to pass some obstacles. If possible would you mind telling me what/where they were? If not that is fine and again I apologize for your dissappointment. I will take your feedback into consdieration.
Response to
Nsfw!!! Adult 18+ Mim Put
Mar 20, 2013
Its not that I wasn't able to pass through any obstacle, its that if I fell I had to back track and there was far too much padding the game didnt need. The game feels unfocused, its trying to be something it doesn't need to be, is basically what im getting at. Im not embarking on an epic quest, im playing hentai.
Also I notice you mentioned your plans to convert the game, spread it across multiple chapters etc etc.
I gotta tell you now you'll be making a mistake.
You suffer from over ambition, its not a hentai thing, many artists get it. You need to lay out a plan for the game, its
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