MobileInfocenter

Nintendo Cracks Down on Game Clones

Ardiri.com has removed Donkie Kung, Donkie Kung Jr, and Maryo Bros from its site after Nintendo sent it a cease and desist order. Nintendo said these games "are clear violations of Nintendo's rights in the characters and audio visual works protected by U.S. and international copyrights and trademarks".

Aaron Ardiri tried to argue that these weren't just ports of the original games to the Palm platform. He said, "These games have been developed from scratch, in a 'clean room' environment - without source codes, graphic files or documentation which belong to Nintendo.

However, Nintendo still claimed that "Donkie Kung, Donkie Kung Jr. and Maryo Bros. are clear violations of Nintendo's rights in the characters and audio visual works protected by U.S. and international copyrights and trademarks, regardless of how these software were created."

Mr. Ardiri then decided to remove the games. As he said in an interview, "I don't need to mess with legal issues like this - it'll cost us a lot of money, and, international copyright is a very touchy subject.. i think our users would prefer we focused on more games."

Current owners of the games can still post high scores on the Ardiri website but the three games can no longer be downloaded from the site and no new registrations are being accepted.

"Nintendo has no plans of licensing - and, they don't even make these games anymore.. so, they will be lost forever," said Mr. Ardiri.

Thanks to Wayne for the tip. -Ed

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BIG bummer

palmcoder @ 12/4/2001 12:03:21 PM #

man, that stinks. Aaron's games were loads of fun.

RE: BIG bummer
I.M. Anonymous @ 12/4/2001 7:46:52 PM #
I can understand the intellectual property rights issues in this case but notwithstanding that legal stuff, it's a real crying shame that these games have got to be discontinued. They are fantastic!

Keep up the good work Aaron - hope to see more stuff in the future. I'm sure if you come up with something original it will be a hit, since you have both the name and also quality.

P.S. Downloaded Lemmings the other day and it is GREAT!


RE: BIG bummer
I.M. Anonymous @ 12/4/2001 8:04:08 PM #
Ardiri really knows how be an offensive twit. He writes an emulator that steals from Nintendo. He releases the Liberty virus. He keeps putting out games that are violations of copyrights of other companies. He releases HaCkMe - a program designed to let anyone use programs registered to other users without paying for them. I hope he gets sued and made an example of what happens to thieves.

He hasn't even taken down the files - they can be downloaded from dozens of links on the Net. He continues to ignore the wanings he has received.

http://www.hig.se/~ardiri/download/palm/dkjr.zip

http://www.hig.se/~ardiri/download/palm/dkung.zip

http://www.hig.se/~ardiri/download/palm/maryobros.zip



RE: BIG bummer
I.M. Anonymous @ 12/4/2001 9:03:45 PM #
Obviously you are the twit. Michael Ethetton of Gambit is the author of the GameBoy emulator, not Aaron. The Liberty virus, as you describe it, only effects Palms if you combine the Liberty emulator with a Liberty "WAREZ" hack. So you must be a hacker or a warez pirate. You have some emotional problems since you stalk Aaron from web page to page. You fit the facts to suit your reality. Get a life, loser!

RE: BIG bummer
I.M. Anonymous @ 12/5/2001 3:35:44 AM #
Actually, Ardiri did much of the work on Liberty. Get your facts straight before you resort to name-calling.

RE: BIG bummer
ardiri @ 12/5/2001 3:42:29 AM #
Actually, Ardiri did much of the work on Liberty. Get your facts straight before

only Mike and myself know exactly how much work we put into it seperately, but, i can tell you this. Mike put over one year of effort into it (writing the core emulator), and, i put around three to four months into it (providing the user interface/interaction). in my books, that tells me Mike did more :) i didn't write the emulator - i just provided the shell for the users, and some cool features such as color tweaking and custom controls. so, you are wrong again...

// az
aaron@ardiri.com
http://www.ardiri.com/

A little defensive aren't you, Ardiri
I.M. Anonymous @ 12/5/2001 4:56:04 AM #
> Actually, Ardiri did much of the work on Liberty. > Get your facts straight before you resort to name-
> calling.

RE: BIG bummer
Posted by: ardiri @ 12/5/2001 3:42:29 AM

only Mike and myself know exactly how much work we put into it seperately, but, i can tell you this. Mike put over one year of effort into it (writing the core emulator), and, i put around three to four months into it (providing the user interface/interaction). in my books, that tells me Mike did more :) i didn't write the emulator - i just provided the shell for the users, and some cool features such as color tweaking and custom controls. so, you are wrong again...

// az
aaron@ardiri.com
http://www.ardiri.com/

_______________________________________________________

The original response stated simply that you did MUCH OF THE WORK ON LIBERTY. Not all. Not that you coded the emulator component of this (fairly useless) emulator program. I'd suggest you count to ten before you send off yet another message to this thread, confirming what an arrogant, self-serving person you are. I realize you are young and have a lot to learn about deportment and maturity, but if you continue commenting in public forums like this in such an offensive tone, you will only damage yourself and others around you like Mike and poor Rayne.

THINK before you speak, Ardiri.

I hope Nintendo comes down hard on you for ripping off their games all these years. It's time you paid for what you've been doing.

RE: BIG bummer
Mojo @ 12/5/2001 8:55:16 AM #
Uh...

I just read the thread again and have to say I am confused. I didn't see Aaron's response negatively or immature. People were having a discussion where he was the subject and he added his thoughts to help clear things. I think that is his right to do so.

However after reading your response to him... I view it as the lesser. I also have to wonder what your point was and if your only purpose was to find a bridge and wait under it. Oh well.

I am sad to see the games go and I wish him luck in the future.

RE: BIG bummer
mattyparanoid @ 12/5/2001 1:31:45 PM #
I am glad I am not the only one who thinks that Mr. Ardiri does not seem to be the most professional, ethical or mature person around. I was beginning to think it was only me who got the impression that he presents himself, at least in my opinion, as unprofessional.

With all do respect to him as a Palm Developer, my negative opinion of him is derived from these things I have seen on forums and in his Palm Software releases.

1. He releases the Liberty Warez Trojan. I think I followed this drama as it unfolded and have most of the facts straight. He released it (or allowed it to get out), it was malicious. These are facts. *LAME*

2. He rips off other companies IP and makes cash off of it, then turns around and rails against "warez" and the pirating of his IP. *Hypocrite*

3. Again, he rips off other companies IP, makes cash off of it, complains about crackers and pirating, then turns around and releases (or again, lets slip), a piece of software that has at least some function for the warez crowd (HackMe). **Hypocrite*

4. His software licensing procedures are ridiculous. As are his explanations for why he does them this way. I licensed Lemmings, (hmmm, do you own the IP to be making money off of this piece of software?). Good game BTW, and again I congratulate him on releasing a fun game, but the hoops I had to jump through to install it were IMHO just plain stupid, and overkill for a $10 game. Try licensing it, maybe it is just me, but I believe in making things easy for the consumer. When I posted a comment I got a spin-control response telling me it was to make it easier for me, and that I should like it better this way. Yeah Right. *Lame and without regard for the consumer, as well as idiotic, don't tell me what is best for me*

5. Lastly if you follow the forums on some of the Palm sites as I do, you will see posts from him sometimes. While sometimes he appears to be cordial and polite, other times he comes out as mean, immature, selfish and unable to fathom that his way of thinking could possibly be seen as wrong. Again, this is just my opinion. *Sometimes Lame and unprofessional*


RE: BIG bummer
fleegle @ 12/5/2001 5:38:29 PM #
The only times I see Ardiri being mean is when someone attacks him first just like anyone else would do.

The immaturity comes from the ones who hide under the "I. M. An-ass-ymous" name and attack others. These people have the intellect of a fungus.



The real Aaron Ardiri...
I.M. Anonymous @ 12/6/2001 4:27:20 AM #
You obviously don't know Ardiri like I do. He is a pompous, rude, untrustworthy, immature man-child who regularly hangs out with the WAREZ crowd, despite his public claims that stealing software is wrong.

Ardiri's weak, hippocritical defense of why he released HaCkMe and his lies about the Liberty crack release show more about his lack of morals than anything I - or anyone else here - could say. The facts speak for themselves.

Nintendo does still sell these games

I.M. Anonymous @ 12/4/2001 12:08:14 PM #
Im sure at least some of those games are still sold on the GameBoy, such as in the Game & Watch Gallery collections, so im not surprised Nintendo doesn't approve of these unofficial copies.

RE: Nintendo does still sell these games
ardiri @ 12/4/2001 1:20:13 PM #
so, i guess you can play them now on Liberty :) but, we all know a native version is much nicer as you can customize the sounds, speeds etc without the overhead of emulation.

// az
aaron@ardiri.com
http://www.ardiri.com/
You just don't know when to quit, do you, Ardiri?
I.M. Anonymous @ 12/4/2001 8:25:54 PM #
Keep pissing Nintendo off and you're done. Over. Keep it up. Please.

so I guess you'll be carrying your palm and GB everywhere?
I.M. Anonymous @ 12/7/2001 3:50:34 PM #
this is pretty selfish from nintendo...
if theyre not licensing to the palm...
dont let the games die...

i have the idea to sell a belt to carry my palm and game boy =P

RE: Nintendo does still sell these games
Elfen @ 12/21/2001 4:14:40 PM #
Nintendo does not sell these games anymore; the only way to get them is to dive into the haystacks of ebay, loot, and other online auctions/used equipment sites or to vintage & antique game stores, and electronic/ham fests. Chances are you out of 10,000 attempts you make to hunt it down- you will find it at a price to much to pay for.

Secondly- Most of these older games came from their arcade division, for the most part- the old arcade games are either warehoused somewhere or in some junk pile becuase there is no one that can fix them once they die.

Nintendo takes this stuff seriously

jayhawk88 @ 12/4/2001 12:15:19 PM #
Nintendo has a long and storied history of fiercly protecting their "characters" and other IP property, going all the way back to the draconian licensing 3rd-party developers had to submit to when making NES games.

The reason for this, of course, is that Nintendo knows it is their character's that make them money, not the hardware. This is also why you don't see Mario, Donkey Kong, and Metroid on any other consoles anymore. These days it's much more important to differentiate yourself from the pack with software, rather than console hardware, a lesson Sega learned the hard way.

Serves him right

I.M. Anonymous @ 12/4/2001 12:18:54 PM #
The guy is a f**king thief. I think it's pretty obvious the games are a clear copyright violation. They are exactly the same as the Nintendo versions and he has been making money on them for quite some time with no licensing from Nintendo. I hope they sue his dumb ass.

RE: Serves him right
palmcoder @ 12/4/2001 12:27:52 PM #
apparently you don't need half a brain or opposable digits to post "insightful" remarks on PIC.

RE: Serves him right
I.M. Anonymous @ 12/4/2001 12:28:59 PM #
Hey ,
Relax a bit ...
Dont take it so personal...

I think you are right when you say:
"the games are a clear copyright violation. They are exactly the same as the Nintendo versions "

But , There are better ways of getting your point accross...
Im sure there will be some repercussions for this ...

Yoda...=o)

RE: Serves him right
Ed @ 12/4/2001 12:42:58 PM #
"I hope they sue his dumb ass."

People would take you more seriously if you didn't talk like you were in middle school.

It's very unlikely that Nintendo will take any further action. They sent Mr. Ardiri a cease and desist order. He has now ceased and desisted. To Nintendo's mind, this issue is probably over. The money involved is almost certainly inconsequential to Nintendo's perspective. They are just doing what they believe the law requires and protecting their copyrighted material.

I'm sorry to see these games go. I wish instead they had offered him a licence to the products and let him continue to sell them and pay a royalty, which would benefit them both and all the Palm users who would like to play these games.

---
News Editor

the issue is over.
ardiri @ 12/4/2001 1:39:06 PM #
It's very unlikely that Nintendo will take any further action. They sent Mr. Ardiri a cease and desist order. He has now ceased and desisted. To Nintendo's mind, this issue is probably over. The money involved is almost certainly inconsequential to Nintendo's perspective. They are just doing what they believe the law requires and protecting their copyrighted material.

i just received an email from Nintendo saying:

"Thank you for your prompt response and your cooperation in resolving this matter swiftly."

unfortunately, the real issue here is that if you want to create a clone - dont be 100% perfect with it! :) personally, i understand companies like Nintendo getting upset if our games made them look bad. the fact that they are perfect replicas should not cause them to get all upset, in many cases, companies license our applications when they find the "perfect" implementation. that is how the official LodeRunner game came to the Palm, introduced by PocketExpress around a year ago.


// az
aaron@ardiri.com
http://www.ardiri.com/

Nintendo was just made aware you're still offering the games
I.M. Anonymous @ 12/4/2001 8:32:43 PM #
Ever been sued, Mr. Ardiri? You will.

RE: Serves him right
I.M. Anonymous @ 12/5/2001 1:21:38 AM #
Are you stupid? Ardiri isn't offering them anymore.

The games are STILL available for download from ardiri.com
I.M. Anonymous @ 12/5/2001 2:11:30 AM #
He has left all download links intact. Nintendo should sue him, drag him into an extended court battle and bankrupt ardiri.com. He obviously has no scruples whatsoever.

RE: Serves him right
ardiri @ 12/5/2001 2:50:46 AM #
He has left all download links intact. Nintendo should sue him, drag him into an extended court battle and bankrupt ardiri.com. He obviously has no scruples whatsoever.

check the links again bozo - our files are stored on seperate servers, NOT on ardiri.com. the files have been removed from our mirrors. have you ever thought that it does take a while to remove stuff from the Internet (heck, its not always possible). i am sure that if you type the PGHQ download link, you'll find it too - ever heard of caching?

we took the relevant steps to remove the application from our website and from sale - now everyone except idiots like you are happy. did your mother drop you as a kid or something? or did your dad to unspeakable things to you? seek councelling. i am sure most people here have better things to do than listen to a stupid idiot complain about things like this. get a life.. big time.

// az
aaron@ardiri.com
http://www.ardiri.com/

Your true character is showing again, Mr. Ardiri
I.M. Anonymous @ 12/5/2001 3:06:08 AM #
The only "bozo" here is waiting for you in your bathroom mirror. Go take a look at him.

You truly deserve to get sued for the incredible arrogance and contempt you continue to display toward owners of copyrighted software. Essentially every program you have ever released (Liberty, HaCkMe, Donkie Kung, Donkie Kung Jr, Maryo Bros, etc.) either promotes stealing software or is in fact stolen from a genuine developer. This is a sad legacy for someone who should have been able to do better.

RE: Serves him right
I.M. Anonymous @ 12/5/2001 5:11:48 AM #
Care to make a public apology to Nintendo and all Palm users, Aaron?

RE: Serves him right
I.M. Anonymous @ 12/7/2001 3:57:09 PM #
LOL... i should license this!

its really sad to watch people argue about something theyre not even sure what it means...

leave Mr ardiri alone...

and dont buy Nintendo products... they mess you up...
If youre getting paid for this(by nintendo that is)
then dont mind me... hehe.

Why does this remind me of "Nintendo sues the world"
back to the old happy days of emulation? =P

It doesn't take Einstein.....

Davy @ 12/4/2001 12:49:35 PM #
to realize that the products were rip off. If he'd just switched the names around, and had slightly different graphics, Nintendo would have never cared. The problem is, he blatantly copied them, and taking a picture of a painting and selling it as your own, even if you claim you never touched the original is also illegal (Bad analogy, so sue me). Lemmings(also by Ardiri) is fun, but that's not gonna go either. Ardiri needs to make new games, not copies.

RE: It doesn't take Einstein.....
I.M. Anonymous @ 12/4/2001 12:56:02 PM #
yeah dumb...he is one of the best palm developers...but you have seen what he has done before...we need something original.

RE: It doesn't take Einstein.....
I.M. Anonymous @ 12/4/2001 12:56:02 PM #
I agree...he could've made the games similiar but not that similiar...he was just dumb...

RE: It doesn't take Einstein.....
I.M. Anonymous @ 12/4/2001 1:58:27 PM #
"dumb" huh? Mr. Ardiri is one of the best Palm developers out there.

RE: It doesn't take Einstein.....
I.M. Anonymous @ 12/4/2001 2:54:41 PM #
the thing is Nintendo is still making games based on those characters ...

RE: It doesn't take Einstein.....
I.M. Anonymous @ 12/5/2001 11:37:56 AM #
one of the best developers? Don't make me laugh. One of the most outspoken developers, yes. Helpful, sometimes. Arrogant, always.

RE: It doesn't take Einstein.....
I.M. Anonymous @ 12/5/2001 10:47:57 PM #
If he was one of the best developers, he wouldn't be spending all his time doing totally derivative works. Come on ! Make something that draws Nitendo's interest because they want to put it on THEIR systems!

Coming soon from Nintendo:

I.M. Anonymous @ 12/4/2001 12:53:29 PM #
Donkie Kung, Donkie Kung Jr, and Maryo Bros for the Palm OS!

RE: Coming soon from Nintendo:
I.M. Anonymous @ 12/4/2001 2:00:41 PM #
now that would be FUNNY!

RE: Coming soon from Nintendo:
I.M. Anonymous @ 12/4/2001 3:22:40 PM #
Actually, this is exactly what I'd like to see. Nintendo could make a deal to "aquire" these games and sell them under the Nintendo name. This would be a great head start to get into the PDA game market.

RE: Coming soon from Nintendo:
I.M. Anonymous @ 12/5/2001 7:18:46 PM #
Why would Nintendo wan't to get into the PDA market? That would only take away from Gameboy sales, besides the Gameboy variants of these games are considerably better than the old hand-held games ardiri copied.

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